This is the exact embedded text of the captured official document.
Snapshot 77d2167d3401 · verified 2026-10-18 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
LAND USE BY-LAW
PLANNING DISTRICTS
1 AND 3
(ST. MARGARETS BAY)
THIS COPY IS A
REPRINT OF THE
PLANNING DISTRICTS 1 AND 3
LAND USE BY-LAW
WITH AMENDMENTS TO
FEBRUARY 2, 2026
LAND USE BY-LAW
FOR
PLANNING DISTRICTS 1 AND 3
THIS IS TO CERTIFY that this is a true copy of the Land
Use By-law for Planning Districts 1 and 3 which was passed by a
majority vote of the former Halifax County Municipality on the 3rd
day of April, 1995, and approved by the Minister of Municipal
Affairs on the 23rd day of May, 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 DISTRICTS 1 AND 3
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 by-law 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 by-law.
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.
This document has been prepared for convenience only and incorporates amendments made by
Municipal Council of Halifax County Municipality on the 3rd of April, 1995. No Ministerial
modifications accompanied the approval of the Minister of Municipal Affairs on May 23, 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:
ZONES AND ZONING MAP .............................................................................. 18
PART 4:
GENERAL PROVISIONS FOR ALL ZONES .................................................... 23
4.1 DEVELOPMENT PERMITS ...................................................................... 23
4.2 LICENCES PERMITS AND COMPLIANCE WITH OTHER BY-LAWS 23
4.3 REDUCED FRONTAGES AND AREAS ................................................... 24
4.4 ONE DWELLING ON A LOT .................................................................... 24
4.5 EXISTING UNDERSIZED LOTS .............................................................. 24
4.6 SUBDIVISION OF EXISTING LOTS ........................................................ 25
4.7 ROAD ENTRANCE RESERVES ............................................................... 25
4.8 LIVESTOCK ................................................................................................ 25
4.9 EXISTING BUILDINGS ............................................................................. 25
4.10 EXISTING USES ....................................................................................... 25
4.11 NON-CONFORMING USES (RC-Jul 22/14;E-Oct 4/14) .................... 26
4.11A NON-CONFORMING STRUCTURES - TANTALLON
CROSSROADS COASTAL VILLAGE DESIGNATION (RC-Jul 22/14;E-
Oct 4/14) ............................................................................................................... 26
4.12 ACCESSORY USES AND BUILDINGS ................................................. 27
4.12A ACCESSORY HEN USE (RC- Oct 05/21; E-Jan 08/22) ............... 27
4.13 ACCESSORY BUILDINGS ...................................................................... 28
4.13A SHIPPING CONTAINERS (Repealed: RC-Dec 11/25;E-Feb 2/26) . 29
4.13AB SHIPPING CONTAINERS (RC-Dec 11/25;E-Feb 2/26) ............... 29
4.13B SECONDARY SUITES AND BACKYARD SUITES (RC-Sep 1/20;E-
Nov 7/20) ............................................................................................................... 29
4.14 TEMPORARY CONSTRUCTION USES PERMITTED (RC-Jan
20/09;E-Feb 7/09) ................................................................................................. 30
4.15 VEHICLE BODIES ................................................................................... 31
4.16 RESTORATION TO A SAFE CONDITION ............................................ 31
4.17 BUILDING TO BE MOVED .................................................................... 32
4.18 HEIGHT REGULATIONS ........................................................................ 32
4.19 WATERCOURSE SETBACKS AND BUFFERS (RC-Jun 25/14;E-Oct
18/14) 32
4.19A COASTAL AREAS (RC-Jun 25/14;E-Oct 18/14) .............................. 34
4.20 REDUCED FRONTAGE ON A CURVE ................................................. 34
4.21 DAYLIGHTING TRIANGLE ................................................................... 34
4.22 PERMITTED ENCROACHMENTS ......................................................... 34
4.23 YARD EXCEPTION ................................................................................. 35
4.24 COMMERCIAL MOTOR VEHICLES ..................................................... 35
4.25 SEPARATION BETWEEN MAIN BUILDINGS ..................................... 35
4.26 ILLUMINATION ....................................................................................... 35
4.27 PARKING REQUIREMENTS .................................................................. 35
4.28 STANDARDS FOR PARKING LOTS ..................................................... 38
4.29 COMPOSTING OPERATIONS (MC-Feb 26/96;M-Mar 28/96) ........ 38
4.30 TOURIST ACCOMMODATIONS (WRCC-Jan 26/04;E-Feb 15/04) 39
4.31 SCHEDULE I - AREAS OF ELEVATED ARCHAEOLOGICAL
POTENTIAL (RC-Jun 25/14;E-Oct 18/14) .......................................................... 39
4.32 SCHEDULE J - WETLANDS MAP (RC-Jun 25/14;E-Oct 18/14)...... 39
4.33 WIND ENERGY FACILITIES (RC-Jun 25/14;E-Oct 18/14) ............. 39
4.34 PUBLIC TRANSIT FACILITIES (RC-Jun 25/14;E-Oct 18/14) ......... 44
4.35 CANNABIS-RELATED USES (RC-Sep 18/18;E-Nov 3/18) ............... 44
4.36 SHORT-TERM RENTALS (RC-Feb 21/23;E-Sep 1/23) ...................... 44
4.37 DEVELOPMENT AGREEMENTS FOR ADAPTIVE REUSES IN
RURAL HRM (RC-Dec 11/25;E-Feb 2/26) ....................................................... 44
PART 5:
SIGNS ................................................................................................................... 45
PART 5A:
SPECIAL PROVISIONS FOR TANTALLON CROSSROADS COASTAL
VILLAGE DESIGNATION (SCHEDULE L) (RC-Jul 22/14;E-Oct 4/14) ........................... 48
PART 6:
R-1 (SINGLE UNIT DWELLING) ZONE ........................................................... 51
PART 7:
R-A (RESIDENTIAL) ZONE ............................................................................... 53
PART 8:
R-A1 (GENERAL RESIDENTIAL) ZONE ......................................................... 55
PART 9:
R-1E (RESIDENTIAL ESTATE) ZONE ............................................................. 58
PART 10:
R-2 (TWO UNIT DWELLING) ZONE ................................................................ 60
PART 11:
MRR-1 (MIXED RURAL RESIDENTIAL) 1 ZONE .......................................... 62
PART 11A:
VR (VILLAGE RESIDENTIAL) ZONE (RC-Jul 22/14;E-Oct 4/14) .......... 66
PART 11B:
VG (VILLAGE GATEWAY) ZONE (RC-Jul 22/14;E-Oct 4/14) ................ 70
PART 11C:
VC (VILLAGE CENTRE) ZONE (RC-Jul 22/14;E-Oct 4/14) ..................... 74
PART 12:
MU-1 (MIXED USE 1) ZONE ............................................................................. 77
PART 13:
MU-2 (MIXED USE) ZONE ................................................................................ 81
PART 14:
C-1 (LOCAL BUSINESS) ZONE ........................................................................ 85
PART 15:
C-1A (COMMUNITY COMMERCIAL) ZONE ................................................. 87
PART 16:
C-3 (TOURIST INDUSTRY) ZONE ................................................................... 89
PART 17:
MR-1 (MIXED RESOURCE) ZONE ................................................................... 91
PART 18:
MR-2 (MIXED RESOURCE 2) ZONE ................................................................ 94
PART 19:
I-1 (GENERAL INDUSTRIAL) ZONE ............................................................... 97
PART 20:
I-2 (SALVAGE YARD) ZONE ............................................................................ 99
PART 21:
I-3 (MIXED INDUSTRIAL) ZONE ................................................................... 101
PART 22:
RPK (REGIONAL PARK) ZONE (RC-Jun 25/14;E-Oct 18/14) ................. 103
PART 23:
PWS (PROTECTED WATER SUPPLY) ZONE (RC-Jun 25/14;E-Oct 18/14)
104
PART 23A:
CD-1 (C&D MATERIALS TRANSFER STATIONS) ZONE (RC-Sep
10/02;E-Nov 9/02) ...................................................................................................................... 105
PART 23B:
CD-2 (C&D MATERIALS PROCESSING FACILITIES) ZONE (RC-Sep
10/02;E-Nov 9/02) ...................................................................................................................... 108
PART 23C:
CD-3 (C&D MATERIALS DISPOSAL SITES) ZONE (RC-Sep 10/02;E-
Nov 9/02)
110
PART 23D:
ICH (INFRASTRUCTURE CHARGE HOLDING) ZONE (RC-Jul 2/02;E-
Aug 17/02)
112
PART 23E:
PA (PROTECTED AREA) ZONE (RC-Jun 25/14;E-Oct 18/14) ............... 113
PART 23F:
CDD (COMPREHENSIVE DEVELOPMENT DISTRICT) ZONE (RC-Jun
25/14;E-Oct 18/14) .................................................................................................................... 114
PART 24:
ADMINISTRATION .......................................................................................... 115
APPENDIX "A" .......................................................................................................................... 117
APPENDIX "B" .......................................................................................................................... 118
APPENDIX "C" .......................................................................................................................... 119
APPENDIX "D" .......................................................................................................................... 120
Schedule I:
Areas of Elevated Archaeological Potential (RC-Jun 25/14;E-Oct 18/014) . 123
Schedule J:
Wetlands (RC-Jun 25/14;E-Oct 18/14) .......................................................... 123
Schedule K:
Wind Energy Zoning (RC-Jun 25/14;E-Oct 18/14) ...................................... 125
Schedule L:
Tantallon Crossroads Coastal Village Designation (RC-Jul 22/14;E-Oct
4/14)
126
Schedule M, N, O, P, R: Tantallon Crossroads Coastal Village (RC-Jun 23/15;E-Jul
14/15)
127
Schedule Q:
Tantallon Crossroads Coastal Village (RC-Jul 22/14;E-Oct 4/14) ............. 128
Schedule S
Area Permitting a temporary Asphalt Plant Operation (RC-Oct 16/18;E-Dec
8/18)
129
Schedule A:
Zoning Map
Separate
Planning Districts 1 and 3 Land Use By-law
Page 1
PART 1:
TITLE
This By-law shall be cited as the "Land Use By-law for Planning Districts 1 and 3" within Halifax
County Municipality.
PART 2:
DEFINITIONS
In this By-law the word "shall" is mandatory and not permissive. Words used in the present tense
shall include the future; words used in the singular number shall include the plural and words used
in the plural number shall include the singular. The word "used" shall include "intended to be
used", "arranged" and "designed". All other words shall carry their customary meaning except
for those defined hereinafter:
2.1
ACCESSORY BUILDING OR STRUCTURE means a building or structure which
is used exclusively for an accessory use and which is not attached in any way to the
main building and which conforms with all applicable requirements of this by-law.
(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)
2.2A
ADULT ENTERTAINMENT USE means a massage parlour, sex-aid shop, an adult
bookstore, or (RC-Mar 26/13;E-Apr 13/13) an adult cabaret, or an adult theatre.
(RC-Mar 26/13;E-Apr 13/13) (RC-Jul 22/14;E-Oct 4/14)
2.2B
ADULT CABARET means any premises or part thereof, whether public, semi-
public, or private, wherein a client is provided the opportunity to feel, handle, touch,
paint, be in the presence of, or be entertained by the nude body of another person,
or to observe, view or photograph any such activity. (RC-Jul 22/14;E-Oct 4/14)
2.2C
ADULT BOOKSTORE includes any establishment or place for the purpose of
retail trade where:
(a) 20% or more of the value of the total stock in trade; or
(b) 20% or more of the area used for display of materials;
in any such establishment or place comprises books, magazines, or other periodicals
relating to, or portrayed as relating to, sexual activities. (RC-Jul 22/14;E-Oct 4/14)
Planning Districts 1 and 3 Land Use By-law
Page 2
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.
2.5A
ASPHALT PLANT means a use of land, building or structure, or parts thereof,
which produces and/or recycles asphalt or similar coated road stone and has
equipment designed to heat and dry aggregate and to mix mineral aggregate with
bitumen and/or tar, and includes the stockpiling and storage of bulk materials used
in the process or finished product(s) manufactured on the premises, the storage and
maintenance of equipment, and facilities for the administration or management of
the business. (RC-Oct 16/18;E-Dec 8/18)
2.6
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.
2.7
BED AND BREAKFAST (Deleted: RC-Feb 21/23;E-Sep 1/23)
2.8
BOATHOUSE means a building located on a waterfront lot used for the storage of boats
and associated marine equipment for private non-commercial use, and specifically
excludes human habitation.
2.9
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).
2.10
BUSINESS USE means any occupation or business activity resulting in a product or
service and which is conducted wholly within the principal operator's dwelling unit and
which is subordinate to the residential use on the property, but shall not include adult
entertainment or the retail sale of products other than those incidental to the business.
2.11
CAMPGROUND means the commercial, institutional or non-profit use of land on which
accommodations for temporary occupancy are located or may be placed, including tents,
tourist cabins, camper trailers, and recreational vehicles, and which is primarily seasonal
in operation.
Planning Districts 1 and 3 Land Use By-law
Page 3
2.11A
CANADIAN GEODETIC VERTICAL DATUM (CGVD28) - means the vertical
datum for Canada officially adopted by an Order in Council in 1935. CGVD28 is a
tidal datum defined by the mean water level at five tide gauges: Yarmouth and
Halifax on the Atlantic Ocean, Pointe-au-Père on the St-Lawrence River, and
Vancouver and Prince-Rupert on the Pacific Ocean. In addition, the definition
includes an elevation at a benchmark in Rouses Point, NY (next to Lake Champlain)
accepted as fixed by the US and Canada in 1925. The datum is propagated in land
using geodetic levelling measurements. The vertical datum is accessible through
Sbenchmarks anchored to the ground and stable structures. The heights in terms
of CGVD28 are in normal-orthometric system. (RC-Jun 25/14;E-Oct 18/14)
2.11B CANNABIS LOUNGE means premises where the primary purpose of the facility is
the consumption of cannabis, cannabis products or any of its derivatives such as oils
or edible products. A cannabis lounge may or may not include cannabis retail sales.
(RC-Sep 18/18;E-Nov 3/18)
2.11C
CANNABIS PRODUCTION FACILITY means premises used or occupied by a
person or organization licensed by the Government of Canada for the production
of cannabis or cannabis products,
(a)
including
(i)
where cannabis or any of its derivatives, such as resin or oils, is
grown, cultivated, harvested, manufactured, processed, packaged, or
labelled, and
(ii)
associated activities permitted by the federal license, such as
research and development, storage, and destruction, and
(b)
excluding
(i)
industrial hemp, and
(ii)
premises used for personal production permitted by federal
legislation.
(RC-Sep 18/18;E-Nov 3/18)
2.11D
CANNABIS RETAIL SALES means premises used for the retail sale of cannabis,
cannabis products or any of its derivatives such as oils or edible products to the
general public. (RC-Sep 18/18;E-Nov 3/18)
2.12
CEMETERY means the use of land or structures for the interment of human remains but
shall not include the use of structures for crematorium.
2.12A
CLUBHOUSE means the premises of a public service club, recreation club or other
group which charges a membership fee that is intended for administration,
meetings, social events or public events, and includes:
(a) a licence for the sale or consumption of alcohol on the premises, or
(b) any kitchen or dining facilities;
but excludes premises used for adult entertainment. (RC-Jul 22/14;E-Oct 4/14)
Planning Districts 1 and 3 Land Use By-law
Page 4
2.13
COMMERCIAL ENTERTAINMENT USE means any building or part of a building
used for a beverage room, nightclub, cabaret, or other similar use, and video arcades.
2.14
COMMERCIAL RECREATION USE means a building or lot or part of a building or lot
used solely for commercial recreation or sport purposes and without limiting the
generality of the foregoing, may include animal or vehicle racing tracks, rifle ranges, golf
courses, miniature golf courses, amusement parks and centres and drive-in theatres and
may include a dwelling unit or dwelling units for maintenance or security personnel.
2.15
COMMERCIAL VEHICLE means any vehicle which is licensed as a commercial carrier
as determined by the Registrar of Motor Vehicles and with a registered vehicle weight
of over three (3) tons.
2.15A
COMPOSTING OPERATION means a public or private solid waste management
facility where the waste is processed using composting technology which may
include physical turning, windrowing, in-vessel, static pile aeration or other
mechanical handling of organic matter and where the annual production of
compost material exceeds 60 cubic metres. (MC-Feb 26/96;M-Mar 28/96)
2.15AA 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)
2.15B
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.
2.15C
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.
2.15D
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 Districts 1 and 3 Land Use By-law
Page 5
2.15E
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).
2.15F
CONVENTION FACILITY means a building or part thereof used to accommodate
meetings, seminars, conventions, weddings, or other special events. (RC-Feb
26/19;E-Apr 20/19)
2.16
COUNCIL means the Municipal Council of Halifax County Municipality.
2.17
CRAFT SHOP means a building or part of a building which is used for the retailing or
wholesaling of arts and handicrafts and shall include the fabrication of arts and
handicrafts.
2.18
CREMATORIUM means a building or a part of the building fitted with the proper
appliances for the purposes of the cremation of human or animal remains and includes
everything incidental or ancillary thereto.
2.19
DAYLIGHTING TRIANGLE means the triangular shaped land which is that part of and
within a corner lot, adjacent to the intersection of the front lot line and the flankage lot
line, and which is measured, from such intersection and along each street line the distance
required by this By-law and, along a straight line joining the points of the required
distance along each street line. In the case of a through lot, a daylighting triangle shall
also be adjacent to the intersection of the rear lot line and the flankage lot line and shall
be measured from such intersection the distance required by this By-law and along a
straight line joining the points of such distance.
2.20
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)
2.21
DEVELOPMENT OFFICER means the officer of Halifax County Municipality, from
time to time charged by the Municipality with the duty of administering the provisions
of this By-law.
2.22
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
Planning Districts 1 and 3 Land Use By-law
Page 6
more dwelling units but shall not include a hotel, a motel, apartment hotel, hostel,
or tourist cabin (RC-Feb 26/19;E-Apr 20/19)
(b)
Dwelling Unit means one or more habitable rooms designed, occupied or intended
for use by one or more persons as an independent and separate housekeeping
establishment in which kitchen, sleeping and sanitary facilities are provided for
the exclusive use of such persons.
(c)
Dwelling, Single Unit means a building which is a completely detached dwelling
unit and includes a mobile dwelling (RC-Oct 11/22;E-Nov 16/22).
(d)
Dwelling, Auxiliary means a self contained dwelling unit within a single unit
dwelling in which unrestricted access can be gained through the main dwelling
unit, and which auxiliary unit comprises less than thirty-five (35) per cent 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 to be occupied as a dwelling complete and ready for
occupancy, except for minor and incidental unpacking and assembling, and the
foregoing shall include mobile homes and modular dwellings having any main
walls with a width of less than twenty (20) feet (6.1 m.).
(f)
Dwelling, Townhouse means a multiple unit dwelling that is divided vertically
into three (3) or more dwelling units, each of which is located on a separate
lot and each of which has independent entrances to a front and rear yard
immediately abutting the front and rear walls of the unit. (RC-Jul 22/14;E-
Oct 4/14)
(g)
Dwelling, Townhouse-Style means a multiple unit dwelling that is divided
vertically into three (3) or more dwelling units, all of which are located on the
same lot, and each of which has independent entrances to at least two yards.
(RC-Jul 22/14;E-Oct 4/14)
(h)
Dwelling, Two Unit means a building containing two dwelling units.
(i)
Dwelling, Multiple Unit means a building containing three or more dwelling units.
(j)
Dwelling, Semi-Detached means a building that is divided vertically into two
dwelling units by means of an above-grade common wall of at least eight (8) feet
in height which constitutes at least fifty (50) percent of the horizontal axis between
the two units.
2.23
ERECT means to build, construct, reconstruct, alter or relocate and, without limiting the
generality of the foregoing, shall be taken to include any preliminary physical operation
such as excavating, grading, piling, cribbing, filling or draining and structurally altering
any existing building or structure by an addition, deletion, enlargement or extension but
does not include work done in connection with the subdivision approval process or the
temporary storage of fill.
2.24
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 Districts 1 and 3 Land Use By-law
Page 7
2.25
EXTRACTIVE USES means all buildings, aggregate plants, material storage areas and
weigh scales associated with extractive uses but does not include structures or storage
areas which are fundamental to the activities of mining or extraction.
2.26
EXISTING means in existence on the effective date of this By-law.
2.26A
FABRICATION, within the Tantallon Crossroads Coastal Village Designation as
shown in Schedule L, means the cutting, shaping, forming, molding, curing,
assembly, gluing, welding and painting of components to form one or more
products, but does not include smelting, calcination, tanning, rendering, bulk
processing, refining or food processing. (RC-Jul 22/14;E-Oct 4/14)
2.27
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.
2.28
FISH PROCESSING PLANT means a building or a part of a building which is used for
the cleaning, filleting, icing, packing, canning, freezing, salting, cooking, pickling,
drying or preparing fish for market in any other manner but does not include a
smokehouse or an operation where a fisherman who himself, or his crew, processes his
own catch.
2.29
FISHERY SUPPORT USE means any use which is designed to support the fishery and
includes boat and equipment storage and maintenance buildings and yards and retail and
wholesale outlets for fish and fish products, a smokehouse, and/or an operation where a
fisherman who himself, or his crew, processes his own catch, but does not include a fish
processing plant.
2.30
FISHERY USE means any use associated with a fishery use including fishery support
uses and fish processing plants.
2.30A
GREENHOUSE means a building whose roof and sides are made of glass or other
transparent or translucent material, and in which the temperature and humidity
can be regulated for the cultivation of delicate or out-of-season plants as a
community enterprise or for subsequent sale. (RC-Jul 22/14;E-Oct 4/14)
2.31
GROCERY STORE means a retail store in which articles for sale are restricted to a
limited range of primarily food items such as milk, bread, soft drinks, ice cream, canned
and bottled goods, snacks and candy, meat, and to complement such items may include
the limited sale of magazines, books and records, housewares, toiletries, stationary, and
tobacco products.
2.32
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.
Planning Districts 1 and 3 Land Use By-law
Page 8
2.33
HEIGHT means the vertical distance of a building between the established grade and the
highest point of the roof surface for flat, hip, or gable roofs, and to the deckline for
mansard and gambrel roofs. In the case of multi-unit dwellings, height shall mean the
vertical distance of a building between the established grade and the highest point of the
roof surface for flat roofs, and to one- quarter the height between the finished ceiling of
the uppermost floor and the highest point of any other roof type, provided that no roof
space is used for human habitation.
2.33A
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).
2.34
HOTEL means a building or buildings or part thereof on the same lot used to
accommodate the traveling public for gain or profit, by supplying them with sleeping
accommodation (with or without meals) but without individual private cooking facilities
but not include tourist cabins.
2.35
INSTITUTIONAL USE means any educational or denominational use, day care facility,
shared housing with special care (RC-Aug 9/22;E-Sep 15/22), fire, police station,
public works, hospital, public library, museum and gallery, community centre and hall,
recreational use or open space use.
2.36
KENNEL means a building or structure used for the enclosure of more than two (2) dogs
or cats which are kept for the purposes of commercial breeding or showing for
commercial boarding with or without veterinary care.
2.36A
LANDSCAPED AREA means any combination of trees, shrubs, flowers, grass, or
other horticultural elements, decorative stonework, pavers, screening or other
landscape architectural elements, all of which are designed to enhance the visual
amenity of a property or to provide an amenity for common use by the occupants
of a building. (RC-Jul 22/14;E-Oct 4/14)
2.36B
LANDSCAPED OPEN SPACE means any outdoor landscaped area or playground
for common use by the occupants of a building, but excludes space for vehicular
access, car parking, or areas for the maneuvering of vehicles. (RC-Jul 22/14;E-Oct
4/14)
2.37
LIMS means the Land Information Management Service whose property identification
numbering system is used in Appendices "A and B" of this By-law to identify particular
land parcels. The LIMS is an agency of the Council of Maritime Premiers established
on the authority of Order in Council of the Provinces of Nova Scotia, New Brunswick
and Prince Edward Island under the Council of Maritime Premiers Act in order to
produce comprehensive property and ownership mapping for the Provinces.
2.38
LIVESTOCK means horses, cows, pigs, sheep, goats and fowl, whether or not they are
kept for commercial purposes.
Planning Districts 1 and 3 Land Use By-law
Page 9
2.39
LOT
(a)
Lot means any area of land or parcel described in a deed filed in the Office of the
Registrar or Deeds for Halifax County on or before the 16th day of April, 1987,
or is described in a plan and deed pursuant to the Land Titles Clarification Act or
is approved on a plan of subdivision endorsed and filed in the Office of the
Registrar of Deeds for Halifax County.
(b)
Corner Lot means a lot situated at the intersection of, and abutting on, two or more
streets.
(c)
Through Lot means a lot bounded on two opposite sides by streets or highways
provided, however, that if any lot qualifies as being both a corner lot and a through
lot as herein before defined, such lot shall be deemed to be a corner lot for the
purpose of this By-law.
2.40
LOT AREA means the total horizontal area within the lot lines of a lot.
2.41
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.
2.42
LOT FRONTAGE means the horizontal distance between the side lot lines as measured
along the front lot line. In the case of a corner lot with a daylighting triangle, the front
and flankage lot lines shall be deemed to extend to their hypothetical point of intersection
for the purpose of calculating the frontage.
2.43
LOT LINE
(a)
Lot Line means a boundary or exterior line of a lot.
(b)
Front Lot Line means the line dividing the lot from a street or a private road; and
(i)
in the case of a corner lot - the shorter boundary line abutting the street or
private road shall be deemed to be the front lot line and the longer boundary
line abutting the street or private road shall be deemed to be the flankage lot
line; and where such lot lines are of equal length, the front lot line shall be
either of the lot lines and the other lot line shall be the flankage lot line;
boundaries dividing the lot from a street or private road shall be deemed to
be the front lot line; or
(ii)
in the case of a lot which has as one of its boundaries the shore line of a
lake, the sea or the bank of a river, the lot line facing the access road shall
be deemed to be the front lot line.
(c)
Rear Lot Line means the lot line farthest from or opposite to the front lot line.
(d)
Side Lot Line means a lot line other than a front or rear lot line.
(e)
Flankage Lot Line means a side lot line which abuts the street or private road on
a corner lot.
2.44
MAIN BUILDING means the building in which is carried on the principal purpose or
purposes for which the building lot is used.
2.45
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.
Planning Districts 1 and 3 Land Use By-law
Page 10
2.46
MARINA means a commercial facility for storing, servicing, fueling, berthing and
securing of pleasure boats and which includes on-shore eating, sleeping or retail facilities
principally for owners, crews and guests.
2.46A
MASSAGE PARLOUR includes any premises or part thereof, by whatever name
designated: (RC-Jul 22/14;E-Oct 4/14)
(a)
where a massage, body rub, alcohol rub, bath or similar activity is performed,
offered, advertised or solicited by persons in pursuance of a trade, calling,
business, or occupation; or
(b)
which is equipped or arranged so as to provide a massage, body rub, alcohol
rub, bath or similar activity;
(c)
but excludes any premises or part thereof where:
(i)
treatment is routinely offered or performed for the purpose of medical
or therapeutic treatment; and
(ii)
medical or therapeutic treatment is performed or offered by or under
the supervision or direction of a physician, licensed naturopath,
chiropractor, osteopath, massage therapist, physiotherapist, or nurse
licensed or registered under the laws of the Province of Nova Scotia.
2.47
MAXIMUM LOT COVERAGE means that percentage of the lot area covered by all
buildings above ground level, and shall not include that portion of such lot area which is
occupied by a building or portion thereof which is completely below ground level, and
for the purpose of this definition the maximum lot coverage in each zone shall be deemed
to apply only to that portion of such lot which is located within said zone.
2.47A MEDICAL CLINIC, within the Tantallon Crossroads Coastal Village Designation
as shown in Schedule L, means a building or part of a building where two or more
practitioners provide human health services without overnight accommodations for
patients. (RC-Jul 22/14;E-Oct 4/14)
2.47B MEZZANINE means an intermediate floor assembly between the floor and ceiling
of a room or storey, and includes an interior balcony. For the purpose of height
calculation, a storey with a mezzanine counts as two full storeys. (RC-Dec 11/25;E-
Feb 2/26)
2.48
MOBILE DWELLING means any dwelling unit that is designed to be made mobile on
a temporary basis and having a width greater than thirteen (13) feet but no more than
nineteen and a half (19.5) feet and a length no less than thirty-three (33) feet but no more
than sixty-nine (69) feet.
2.49
MOTEL means a hotel primarily for transients traveling by automobile with a parking
space on the lot for each lodging unit and with access to each such unit directly from the
outside.
2.50
MUNICIPALITY means Halifax County Municipality.
Planning Districts 1 and 3 Land Use By-law
Page 11
2.50A
NUDE means the showing of the human male or female genitals, pubic area or
buttocks with less than a full opaque covering, or the showing of a female breast
with less than a full opaque covering over any portion thereof below the top of the
areola of the breast. (RC-Jul 22/14;E-Oct 4/14)
2.51
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 effluent which cannot be disposed of by
means of an on-site sewage disposal system or which involves, as the primary function,
the processing, production or warehousing of dangerous goods.
2.52
OPEN SPACE USE means the use of land for public and private parks and playgrounds,
athletic fields, tennis courts, lawn bowling greens, outdoor skating rinks, picnic areas,
cemeteries, day camps, historic sites or monuments, and similar uses to the foregoing,
together with the necessary accessory buildings and structures, but does not include
camping grounds, golf courses or tracks for the racing of animals or of motorized
vehicles.
2.53
OUTDOOR DISPLAY COURT means an area of land where goods are displayed which
are, or which are similar to other goods which are, available for sale to the general public
from a retail outlet located on the same lot or on another lot. Without limiting the
generality of the foregoing, outdoor display includes the display of cars, trucks, vans,
motor homes, trailers, boats, snowmobiles, motorcycle, swimming pools, decorative
fountains and prefabricated cottages and homes.
2.54
OUTDOOR STORAGE means the storage of merchandise, goods, inventory, materials
or equipment or other items which are not intended for immediate sale, by locating them
on a lot exterior to a building.
2.55
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.
2.56
PARKING SPACE means an area of not less than one hundred sixty ( 160 ) square feet
(15 sq.m.), measuring eight (8) feet (2.4 m.) by twenty (20) feet (6.1 m.), for the
temporary parking or storage of motor vehicles, and which has adequate access to permit
ingress and egress of motor vehicles to and from a street or private road by means of
driveways, aisles or manoeuvring areas.
2.57
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.
Planning Districts 1 and 3 Land Use By-law
Page 12
2.58
PERSONAL SERVICE SHOP means a building or part of a building in which persons
are employed in furnishing direct services and otherwise directly administering to the
individual and personal needs of persons, and without limiting the generality of the
foregoing, may include such establishments as barber shops, beauty parlours, automatic
laundry shops, hairdressing shops, shoe repair and shoe shining, and tailoring, laundry
and drycleaning collection depots and shops, but excludes the manufacturing or
fabrication of goods for retail or wholesale distribution.
2.59
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.
2.60
PRIVATE ROAD means any street or road which is not public which is shown as a
private road on an approved plan of subdivision and the right-of-way, alignment and
gradient is approved by the Department of Transportation and Communications.
2.61
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)
2.62
RECYCLING DEPOT means a building which is used for the deposit, collection
and handling of waste paper, rags, tires, bottles or other materials (excluding
construction and demolition materials or hazardous materials) which are to be
delivered wholesale to other operations for reclamation, processing or salvage, but
shall not include any such salvage or processing on the same lot or within any
building used as a re-cycling depot. (RC-Sep 10/02;E-Nov 9/02).
2.63
RESIDENTIAL CARE FACILITY (Deleted: RC-Aug 9/22;E-Sep 15/22)
2.63A RESORT means a comprehensive development on a single lot that provides tourist
accommodation such as hotels, motels and tourist cabins, restaurant/food services,
convention facilities, and recreation uses to the community and/or travelling public
for gain or profit. Resorts may also include administrative facilities, maintenance
and storage facilities, and retail uses in conjunction with accommodation and
restaurant/food services. (RC-Feb 26/19;E-Apr 20/19)
2.64
RESTAURANT - FULL SERVICE means a building or part of a building wherein food
is prepared and offered for sale to the public primarily for consumption within the
building and 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.
2.65
RESTAURANT - DRIVE-IN means a building or part of a building wherein food is
prepared and offered for sale to the public for consumption within or outside the building.
A drive-in restaurant is characterized by the provision of take-out services at a counter
Planning Districts 1 and 3 Land Use By-law
Page 13
or from a drive through car pick up window. It does not provide the service of delivering
to or waiting on tables nor is it licensed to sell alcoholic beverages.
2.66
RESTAURANT - TAKE-OUT means a building or part of a building wherein food is
prepared and offered for sale to the public primarily for off-premises consumption and
may include a seating area which does not exceed 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.
2.67
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.
2.68
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).
2.69
SENIOR CITIZENS HOUSING (Deleted: RC-Aug 9/22;E-Sep 15/22)
2.70
SERVICE INDUSTRY means a building or part of a building in which the primary
function is to provide services such as maintenance or limited processing, and which may
include, as a minor or accessory function, the provision of supplies, merchandise or wares
directly related to the services provided and, without limiting the generality of the
foregoing, may include a public garage which includes an engine and body repair shop,
a printing establishment, a laundry or cleaning establishment, a wholesale bakery, a paint
shop, a plumbing shop, a sheet metal shop, a truck or heavy equipment depot,
construction yard, any use which involves the manufacturing, processing and
wholesaling of food items, and similar uses.
2.71
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.
2.72
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.
2.72A
SEX-AID SHOP includes any establishment or place for the purpose of retail trade
where 10% or more of the value of the total stock in trade or 20% or more of the
area used for display of materials in any such establishment or place comprises
articles relating to or portrayed as relating to sexual activities. (RC-Jul 22/14;E-Oct
4/14)
Planning Districts 1 and 3 Land Use By-law
Page 14
2.72B
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)
2.72C
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)
2.72D
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).
2.72E 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)
2.72F
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)
2.73
SIGN means any structure, device, light, painting or other representation or natural
object which is used to identify, advertise or attract attention to any object, place,
activity, person, institution, organization, firm, group, commodity, profession,
enterprise, industry or business, or which displays or includes any letter, work,
model, flag, pennant, insignia, device or representation used as an announcement,
direction or advertisement, and which is intended to be seen from off the premises
or from a parking lot, except any "sign" regulated under HRM By-law S-800 and
signs which are affixed to the inside of a window or glass door.
(a)
Ground Sign means a sign supported by one or more uprights, poles or
braces, placed in or upon the ground.
(b)
Projecting Sign means a sign which projects from and is supported by, or
which extends beyond a wall or the roof of a building. (RC-Sep 26/06;E-Nov
18/06)
2.73A
STREET FACADE means a building wall facing a street. (RC-Jul 22/14;E-Oct 4/14)
2.73AB STOREY means the portion of a building that is situated between the top of a floor
and the top of the floor next above it, including a mezzanine, and if there is no floor
Planning Districts 1 and 3 Land Use By-law
Page 15
above it, the portion between the top of the floor and the ceiling above it, and
(a)
for the purpose of calculating the streetwall height, a portion of a building
that is partly below the streetline grade is not deemed to be a storey unless
its ceiling is a minimum of 2.0 metres above the streetline grade; and
(b)
for a purpose other than calculating the streetwall height, a portion of a
building that is partly below the average finished grade is not deemed to be
a storey unless its ceiling is a minimum of 2.0 metres above the average
finished grade.
(RC-Dec 11/25;E-Feb 2/26)
2.74
STREET OR ROAD means the whole and entire right-of-way of every highway, road,
or road allowance vested in the Province of Nova Scotia or Halifax County Municipality,
and may include a private road or Schedule "A" road as defined in the Regional
Subdivision By-law, or an access created under the Regional Subdivision By-law
(RC-May 23/24;E-June 13/24).
2.75
STREET LINE means the boundary line of a street or a private road.
2.76
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.
2.76.5
SUITE (RC-Sep 1/20;E-Nov 7/20)
(a)
Suite, Backyard means a self-contained subordinate dwelling unit that is
located within an accessory building or structure.
(b)
Suite, Secondary means a self-contained subordinate dwelling unit that is
located within a residential main building.
2.76A
TOURIST CABIN means a building used for temporary accommodations for the
travelling public for gain or profit and may include private cooking facilities. (RC-
Feb 26/19;E-Apr 20/19)
2.77
TRADITIONAL USE means the use of a building or part of a building or a lot or part of
a lot on which traditional crafts and activities are or are capable of being carried out and
shall include weaving, sculpturing and moulding, furniture making and repair,
woodworking, pottery making and small boat building and repair.
2.77A
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).
2.78
VARIETY STORE means a retail establishment in which goods or materials such as soft
drinks, confections, stationery supplies, reading materials, tobacco products and smokers
supplies, patent medicines, first aid supplies, housewares and notions, souvenirs and
similar goods are offered for sale to general public, and may include groceries, dairy
products and video rental outlets and take-out restaurant as a secondary line.
Planning Districts 1 and 3 Land Use By-law
Page 16
2.78A VEGETATIVE ROOFING SYSTEM (also known as a "green roof") means
outdoor rooftop vegetation maintained and supported by growing media, trays, or
modules. (RC-Jul 22/14;E-Oct 4/14)
2.78B
VETERINARY CLINIC means a building or structure in which domestic animals
are examined, treated, groomed, or operated on, and includes the portion of the
building or structure where the animal is sheltered during the examination,
treatment, grooming or operation. (RC-Jul 22/14;E-Oct 4/14)
2.79
VIDEO ARCADE means any commercial facility which contains more than three (3)
amusement machines and, without limiting the generality of the foregoing, includes
pinball machines and electronic and or mechanical game machines operated by
depositing coins or tokens.
2.79A
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)
2.80
WATERCOURSE means a lake, river, stream, ocean or other natural body of
water. (RC-Jun 25/14;E-Oct 18/14)
2.81
WAREHOUSE means a building or part of a building used for the storage and
distribution of goods, wares, merchandise, substances or articles and may include
facilities, for a wholesale or retail, commercial outlets, but shall not include facilities for
a truck or transport terminal or yard.
2.82
YARD means an open, uncovered space on a lot appurtenant to a building, except a court
bounded on two or more sides by buildings. In determining yard measurements, the
minimum horizontal distance from the respective lot lines shall be used.
(a)
Front Yard means a yard extending across the full width of a lot and between the
front lot line and the nearest wall of any main building or structure on the lot; and
required front yard or minimum front yard means the minimum depth required by
this By-law of a front yard on a lot between the front lot line and the nearest main
wall of any building or structure on the lot.
(b)
Rear Yard means a yard extending across the full width of a lot and between the
rear lot line and the nearest wall of any main building or structure on the lot; and
required rear yard or minimum rear yard means the minimum depth required by
this By-law of a rear yard on a lot between a rear lot line and the nearest main wall
of any building or structure on the lot.
(c)
Side Yard means a yard extending between the front yard and the rear yard and
between a side lot line and the nearest main wall of any building on the lot; and
required 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.
Planning Districts 1 and 3 Land Use By-law
Page 17
(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 Districts 1 and 3 Land Use By-law
Page 18
PART 3:
ZONES AND ZONING MAP
3.1
ZONES
For the purpose of this By-law, the Planning Districts 1 and 3 Plan Area is divided into
the following zones by the zoning map, the boundaries of which are shown on the
attached zoning schedule. Such zones may be referred to by the appropriate symbols:
Symbol
Zone
Residential Zones
R-1
Single Unit Dwelling Zone
R-A
Residential Zone
R-A1
General Residential Zone
R-1E
Residential Estate Zone
R-2
Two Unit Dwelling Zone
Mixed Residential Zones
MRR-1
Mixed Rural Residential Zone
Mixed Use Zones
MU-1
Mixed Use 1 Zone
MU-2
Mixed Use 2 Zone
CDD
Comprehensive District Zone
(RC-Jun 25/14;E-Oct 18/14)
Commercial Zones
C-1
Local Business Zone
C-1A
Community Commercial Zone
C-3
Tourist Industry Zone
Resource Zones
MR-1
Mixed Resource 1 Zone
MR-2
Mixed Resource 2 Zone
Industrial Zones
I-1
General Industrial Zone
I-2
Salvage Yard Zone
I-3
Industrial Zone
Construction & Demolition
CD-1
(C&D Materials Transfer Stations)
Zones
Zone
CD-2
(C&D Materials Processing
Facilities) Zone
CD-3
(C&D Materials Disposal) Zone
Infrastructure Charge Zone ICH
Infrastructure Charge Holding
Zone
Community Uses Zones
RPK
Regional Park Zone (RC-Jun
25/14;E-Oct 18/14)
PWS
Protected Water Supply Zone (RC-
Jun 25/14;E-Oct 18/14)
PA
Protected Area Zone (RC-Jun
25/14;E-Oct 18/14)
Planning Districts 1 and 3 Land Use By-law
Page 19
3.2
ZONING MAP (RC-Jun 21/11;E-Sep 3/11)
(a)
Schedule A, attached hereto, may be cited as the Planning Districts 1 and 3
Zoning Map and is hereby declared to form part of this By-law.
(b)
The extent and boundaries of all zones are shown on Schedule A and for all
such zones the provisions of this By-law shall apply to all such zones.
(c)
The symbols used on Schedule A refer to the appropriate zones established by
Section 3.1 above.
3.3
INTERPRETATION OF ZONING BOUNDARIES
Boundaries between zones shall be determined as follows:
(a)
where a zone boundary is indicated as following a street or highway, the boundary
shall be the centre line of such street or highway;
(b)
where a zone boundary is indicated as approximately following lot lines, the
boundary shall follow such lot lines;
(c)
where a street, highway, railroad or railway right-of-way, electrical transmission
line right-of-way or watercourse is included on the zoning map, it shall, unless
otherwise indicated, be included in the zone of the adjoining property on either side
thereof; and
(d)
where a railroad or railway right-of-way, electrical transmission line right-of-way
or watercourse is included on the zoning 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 axis thereof shall be considered
the boundary between zones unless specifically indicated otherwise; or
(e)
where none of the above provisions apply, and where appropriate, the zone
boundary shall be scaled from the attached Schedules.
3.4
ZONES NOT ON MAPS
The zoning map of this By-law may be amended to use any zone in this By-law, regardless
of whether or not such zone has previously appeared on any zoning map. Such
amendments must be carried out in accordance with the requirements of the Planning Act
and must be in conformity with the policies of the Municipal Planning Strategy for
Planning Districts 1 and 3.
3.5
USES PERMITTED
Uses permitted within any zone shall be determined as follows:
(a)
Any use not listed as a use permitted within any zone shall be deemed to be
prohibited in that zone;
(b)
Notwithstanding 3.5 (a) above, unless a use is specifically prohibited within the
Mixed Use 1 and Mixed Use 2 Zones, it shall be deemed to be a permitted use in
that zone;
(c)
Any use listed as being subject to any special conditions or requirements, shall be
permitted subject to the fulfilling of such conditions or requirements;
Planning Districts 1 and 3 Land Use By-law
Page 20
(d)
Where a use permitted within any zone is defined in Section 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;
and
(e)
Except where limited by Section 4.1, or specifically prohibited elsewhere in this
By-law, any use permitted within any zone may be located in conjunction with,
whether contained within the same building or located on the same lot, as any other
use permitted within that zone.
3.6
USES CONSIDERED BY DEVELOPMENT AGREEMENT
Notwithstanding Section 3.5 above, certain uses which may not be uses permitted in any
zone may be considered in accordance with the development agreement provisions of the
Planning Act. As provided for by the Municipal Planning Strategy for Planning Districts
1 and 3, such uses are as follows:
(a)
Commercial recreation uses in the Resource Designation;
(b)
Campgrounds in the Resource, Mixed Rural Residential and Mixed Use A and B
Designations;
(c)
Shared housing with special care (RC-Aug 9/22;E-Sep 15/22) in the Residential
Designation, Hubley Mill Lake Designation, Shared Housing in the (RC-Aug
9/22;E-Sep 15/22) Mixed Rural Residential Designation and shared housing or
shared housing with special care (RC-Aug 9/22;E-Sep 15/22) containing over
twenty (20) bedrooms (RC-Aug 9/22;E-Sep 15/22) in the Mixed Use A and B
Designations;
(d)
Institutional uses in the Residential Designation;
(e)
Home business over three hundred (300) square feet (28 m2) in the Residential
Designation;
(f)
Multi-unit Dwellings in the Mixed Rural Residential and Mixed Use A and B
Designations;
(g)
Marinas in the Mixed Rural Residential and Mixed Use A and B Designations;
(h)
Fish Processing Plants in the Mixed Use B Designation;
(i)
Extractive uses in the Mixed Use A and B Designations;
(j)
Intensive agricultural uses in the Mixed Use "A" and "B" Designations;
(k)
Mobile home parks and expansions to mobile home parks in the Mixed Use A and
B Designations;
(l)
Commercial Entertainment Uses, including video arcades, in the Mixed Use "A"
and Mixed Use "B" Designations;
(m)
Any expansion of the Kreft Mushroom Farm Ltd. (LIMS Index Number
40055766), formerly Ocean Mist Mushroom Farm, provided that it has not
discontinued operations for a period of six months;
(n)
Crematoriums in the Mixed Use "A" and "B", Mixed Rural Residential, Hubley
Mill Lake, Resource and Residential Designations; and
(o)
Residential development on lots with less than 100,000 square feet of area within
the Resource Designation (north of Highway 103).
(p)
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:
Planning Districts 1 and 3 Land Use By-law
Page 21
(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; (RC-Jun 25/14;E-Oct 18/14)
(ii)
a mix of residential, commercial and institutional uses under the CDD
(Comprehensive Development District) Zone, as per policy S-11 (RC-
Jun 25/14;E-Oct 18/14) of the Regional Municipal Planning Strategy;
and
(iii)
residential development on islands, as per policy S-18 of the Regional
Municipal Planning Strategy. (RC-Jun 25/14;E-Oct 18/14)
(q)
Commercial and or industrial uses within the Mixed Use "A" and "B"
Designations, with a combined gross floor area greater than 697 square metres
(7500 square feet). (RC-Feb 24/09;E-Apr 25/09)
(r)
Within the Tantallon Crossroads Coastal Village Designation as shown in
Schedule L: (RC-Jul 22/14;E-Oct 4/14)
(i)
Within the Village Residential (VR) Zone, in accordance with Policy
CV-16 of the Municipal Planning Strategy for Planning Districts 1 and
3:
a.
Multiple unit dwellings exceeding four (4) units;
b.
Marinas; and
c.
Tourist accommodations not exceeding a building footprint of
297.3 sq. m (3200 sq. ft.).
(ii)
Within the Village Gateway (VG) Zone:
a.
Multiple unit dwellings with more than twelve (12) units, in
accordance with Policy CV-11 of the Municipal Planning
Strategy for Planning Districts 1 and 3;
b.
multiple unit dwellings with a building footprint exceeding 558
sq. m (6000 sq. ft.), in accordance with Policy CV-11 of the
Municipal Planning Strategy for Planning Districts 1 and 3;
c.
institutional buildings with a building footprint exceeding 558
sq. m (6000 sq. ft.), in accordance with Policy CV-11 of the
Municipal Planning Strategy for Planning Districts 1 and 3;
d.
marinas, in accordance with Policy CV-11 of the Municipal
Planning Strategy for Planning Districts 1 and 3; and
e.
self storage buildings on the property identified in Schedule M,
in accordance with Policy CV-12 of the Municipal Planning
Strategy for Planning Districts 1 and 3.
(iii)
Within the Village Centre (VC) Zone, in accordance with Policy CV-5
of the Municipal Planning Strategy for Planning Districts 1 and 3:
a.
multiple unit dwellings with more than twelve (12) units;
b.
multiple unit dwellings with a building footprint exceeding 558
sq. m (6000 sq. ft.);
c.
institutional buildings with a building footprint exceeding 558
sq. m (6000 sq. ft.); and
d.
marinas.
(iv)
Within Schedule N, in accordance with Policy CV-7 and CV-7A (RC-
Apr 16/19;E-May 25/19) of the Municipal Planning Strategy for
Planning Districts 1 and 3, building expansions or new buildings.
(s)
Pursuant to Policy IM-18, where there is enabling policy to consider the
Planning Districts 1 and 3 Land Use By-law
Page 22
development, by development agreement, of multiple unit dwellings or the
expansion of existing multiple unit dwellings, such policy may be used to
consider the development of shared housing uses at a larger scale than what is
permitted by the Land Use By-law. (RC-Aug 9/22;E-Sep 15/22)
3.7
LARGER CANNABIS PRODUCTION FACILITIES BY DEVELOPMENT
AGREEMENT (RC-Sep 18/18;E-Nov 3/18)
Cannabis production facilities that are permitted in a zone that exceed the maximum
gross floor area requirements of the zone may be permitted by development
agreement in accordance with Policy EC-22 of the Regional Municipal Planning
Strategy.
3.8
DEVELOPMENT
AGREEMENTS
FOR
REGISTERED
HERITAGE
PROPERTIES (RC-Oct 11/22;E-Nov 16/22)
Development that is not otherwise permitted in this By-law may be permitted by
development agreement on a registered heritage property, in accordance with Policy
CH-7A of the Halifax Regional Municipal Planning Strategy.
Planning Districts 1 and 3 Land Use By-law
Page 23
PART 4:
GENERAL PROVISIONS FOR ALL ZONES
4.1
DEVELOPMENT PERMITS
(a)
No development shall be permitted unless a development permit has been issued
and no development permit shall be issued unless 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 date of
the current permit.
(c)
Where any development permit is issued, such permit may include permission for
any single development, or for more than one development, or for any or all
elements related to any development, including signs permitted according to
Section 5 provided that such are specified by the permit and provided also that no
development permit shall pertain to more than one (1) lot; and
(d)
Notwithstanding Subsection (a), no development permit shall be required for signs
as listed in Section 5.4.
4.1A No more than one development permit may be issued per year for a residential use on
a lot not serviced by sanitary sewerage or water distribution systems for any area of
land subdivided pursuant to a completed tentative subdivision application, not
pursuant to a completed concept plan application received between January 22, 2004
and the effective date of this section. (RC - April 13, 2004 / E - April 22, 2004).
(Deleted RC-Jun 27/06; E-Aug 26/06)
4.1B Where a property is subject to a rezoning approved between December 1, 2005 and
April 29, 2006, the Development Officer may reduce the requirements adopted to
implement the Regional Municipal Planning Strategy, to the greatest extent possible
to allow the proposed development that was the subject of the rezoning. (RC-Jun
25/14;E-Oct 18/14)
4.1C An accessory hen use is exempt from the requirement to obtain a development permit
(RC- Oct 05/21; E-Jan 08/22).
4.1D A short-term rental of an entire dwelling unit in an operator's primary residence is
exempt from the requirement to obtain a development permit. (RC-Feb 21/23;E-Sep
1/23)
4.1E Provided the rental is not a short-term bedroom rental, a rental of 3 or fewer
bedrooms in a dwelling unit shall not require a development permit. (RC-Feb
21/23;E-Sep 1/23)
4.2
LICENCES PERMITS AND COMPLIANCE WITH OTHER BY-LAWS
(a)
Nothing in this By-law shall exempt any person from complying with the
requirements of the Building By-law or any other by-law in force within the
Municipality, or to obtain any licence, permission, permit, authority or approval
Planning Districts 1 and 3 Land Use By-law
Page 24
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 more stringent requirements shall
prevail.
4.3
REDUCED FRONTAGES AND AREAS
(a)
Where a lot with reduced frontage is created pursuant to PART 14 of the
Subdivision By-law, a development permit may be issued for residential or
resource uses.
(b) 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 4.13 of the this By-law; and
(v) the remaining lands meet the requirements of the applicable zone.
(WRCC-Nov 24/03;E-Dec 16/03)
(c)
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)
4.4
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)
4.5
EXISTING UNDERSIZED LOTS
(a)
Except within the Tantallon Crossroads Coastal Village Designation as shown
in Schedule L, and (RC-Jul 22/14;E-Oct 4/14) notwithstanding anything else in
this By-law, a vacant lot held in separate ownership from adjoining parcels on the
effective date of this By-law, having less than the minimum frontage, depth or area
required by this By-law, may be used for any purpose permitted in the zone in
which the lot is located and a building may be erected on the lot, provided that all
other applicable provisions in this By-law are satisfied.
Planning Districts 1 and 3 Land Use By-law
Page 25
(b)
Further to Section 4.5(a) above, the Development Officer may issue a development
permit for a lot approved pursuant to PART 14 of the Subdivision By-law where
an undersized lot has had its boundaries altered.
(c)
Within the Tantallon Crossroads Coastal Village Designation as shown in
Schedule L, a vacant lot existing on June 24, 2014, having less than the
minimum frontage, depth or area required by this By-law, may be used for the
following purposes, and a building may be erected on the lot for such purposes:
(RC-Jul 22/14;E-Oct 4/14)
(i)
a single unit dwelling; or
(ii)
a semi-detached dwelling within Schedule O (Azalea Lane).
4.6
SUBDIVISION OF EXISTING LOTS
(a)
Any lot approved pursuant to the Planning Act may be used for any purpose
permitted in the zone in which the lot is located and a development permit may be
issued and a building may be erected on the lot, provided that all other applicable
provisions of this By-law are satisfied.
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.
4.8
LIVESTOCK
Livestock may be kept on a property only where agriculture is a permitted use.
4.9
EXISTING BUILDINGS
On or before the effective date of this By-law, where a building has been erected on a lot
having less than the minimum frontage, area, or depth, or having less than the minimum
front yard or side yard or rear yard required by this By-law, the building may be enlarged,
reconstructed, repaired, readopted, rebuilt or renovated provided that:
(a)
the enlargement, reconstruction, repair or renovation does not further reduce the
front, side or rear yard that does not conform to this By-law; and
(b)
all other applicable provisions of this By-law are satisfied.
4.10 EXISTING USES
Unless otherwise identified in Appendix "A", all existing uses are permitted uses and as
such are permitted to resume operation if discontinued, or be readopted or rebuilt, if
destroyed, on the lot which they occupied on the effective date of this By-law.
Furthermore unless otherwise provided for in the zone in which they are situated, or
according to the provisions of Appendix "B" or Appendix C , existing uses may expand
Planning Districts 1 and 3 Land Use By-law
Page 26
on the lot on which they occupied on the effective date of this By-law subject to the
following:
(a)
existing commercial uses within the Mixed Rural Residential Designation
according to the applicable provisions of the Mixed Use 1 Zone;
(b)
existing resource uses within the Mixed Rural Residential and Mixed Use
Designations according to the applicable provisions of the Mixed Resource Zone;
(c)
existing industrial uses within the Mixed Use Designations according to the
applicable provisions of the General Industrial Zone;
(d)
campgrounds in any designation according to the applicable provisions of the
Mixed Use I Zone;
(e)
existing multiple unit dwellings within any designation according to the applicable
provisions of the Single Unit Dwelling Zone;
(f)
existing institutional uses and mobile homes within any designation according to
the applicable provisions of the MRR-l Zone; and
(g)
existing daycares for more than fourteen (14) children, and (WRCC-Mar
31/08;E-Apr 19/08) commercial entertainment uses, including video arcades,
within the Mixed Use Designations according to the applicable provisions of the
Mixed Use 1 Zone.
4.11
NON-CONFORMING USES (RC-Jul 22/14;E-Oct 4/14)
Unless otherwise provided for in Appendix "A", non-conforming uses shall be
subject to the provisions of the Planning Act of Nova Scotia, which is included in this
By-law as Appendix D". 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.
4.11A NON-CONFORMING STRUCTURES - TANTALLON CROSSROADS COASTAL
VILLAGE DESIGNATION (RC-Jul 22/14;E-Oct 4/14)
Notwithstanding Sections 4.9 and 4.10, within the Tantallon Crossroads Coastal
Village Designation as shown in Schedule L, the restrictions respecting non-
conforming structures are relaxed to allow a non-conforming structure to be
extended, enlarged or altered provided that:
(a)
the non-conforming structure remains on one lot;
(b)
all extensions and enlargements on the lot total no more than 112 sq. m (1200
sq. ft.);
(c)
the non-conforming use does not expand into the extension, enlargement or
alteration;
(d)
no adult entertainment use exists on the property;
(e)
the extension, enlargement or alteration complies with all provisions in the
Land Use By-law for the Tantallon Crossroads Coastal Village Designation as
shown in Schedule L, except that the maximum front yard setback, flankage
yard setback and building footprint may be exceeded subject to this Section;
(f)
a walkway is provided between the main door and the driveway entry from
the public street, with crosswalks traversing any internal vehicle lanes; and
(g)
the extension, enlargement or alteration:
Planning Districts 1 and 3 Land Use By-law
Page 27
(i)
does not create an additional drive-through window or lane, nor result
in a drive-through becoming the main use; and
(ii)
does not result in the total Lot Coverage or Building Height exceeding
the maximum Lot Coverage or Building Height in the Land Use By-law
for the zone applied to the property.
4.12 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)
4.12A ACCESSORY HEN USE (RC- Oct 05/21; E-Jan 08/22)
An accessory hen use is permitted in conjunction with a residential use in all zones
subject to the following provisions:
(a)
The maximum number of hens permitted on a lot shall be:
i.
a maximum of 10 hens on lots less than 4,000 square metres in size;\
ii.
a maximum of 15 hens on lots 4,000 square metres and over but less
than 6,000 square metres in size;
iii.
a maximum of 20 hens on lots 6,000 square metres and over but less
than 10,000 square metres in size;
iv.
a maximum of 25 hens on lots 10,000 square metres or greater in size;
(b)
Hens shall be contained within an accessory building or a fenced area that:
i.
is located in a rear yard;
ii.
is setback the minimum distance that is required for a main building,
on the subject lot, from a wetland or watercourse;
iii.
subject to 4.12A(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.
Planning Districts 1 and 3 Land Use By-law
Page 28
4.13 ACCESSORY BUILDINGS
(a)
Accessory uses, buildings and structures shall be permitted in any zone but shall
not:
(i)
be used for human habitation except where a dwelling is a permitted
accessory use;
(ii)
be built closer to the front lot line than the minimum distance required for the
main building, or be built closer than eight (8) feet (2.4 m) to any other lot
line except that:
1.
common semi-detached garages may be centered on the mutual side lot
line; and
2.
boat houses, boat docks, and fishery support uses may be built to the
lot line when the line corresponds to the high water mark.
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 R-1 (Single Unit Dwelling) Zone, RA
(Residential) Zone, RA-1 (General Residential) Zone, R-1E
(Residential Estate) Zone, or R-2 (Two Unit Dwelling) Zone.
(WRCC-Nov 24/03;E-Dec 16/03)
(iii) minimum separation distance between any accessory buildings on the lot no
less than 4 feet (1.2 m); and
(iv) exceed twenty five (25) feet (7.7 metres (RC-May 23/24;E-June 13/24)) in
height in any R-1 (Single Unit Dwelling) Zone, RA (Residential) Zone, RA-
1 (General Residential) Zone, R-1E (Residential Estate) Zone, or R-2 (Two
Unit Dwelling) Zone;
(v)
exceed one thousand (1000) square feet (93 square metres) (RC-May
23/24;E-June 13/24) in footprint (RC-Dec 11/25;E-Feb 2/26) in any R-l
(Single Unit Dwelling) Zone, RA (Residential) Zone, RA-l (General
Residential) Zone, R-1E (Residential Estate) Zone, or R-2 (Two Unit
Dwelling) Zone; (WRCC-Nov 24/03;E-Dec 16/03)
(vi) be built within eight (8) feet (2.4 m.) of a dwelling or twelve (12) feet (3.7
m) of any other main building or one half the height of the higher abutting
accessory building.
(vii) be used for the keeping of livestock, except where agriculture is a permitted
use.
(ix) notwithstanding Subsection 4.13 (a) (v) and the undersized lot provisions
of Section 4.5, exceed a footprint (RC-Dec 11/25;E-Feb 2/26) equivalent
to 10% of the lot area on lots greater than 40,000 square feet; (WRCC-
Nov 24/03;E-Dec 16/03)
(b)
Notwithstanding anything else in this By-law, drop awnings, clothes poles, flag
poles, garden trellises, fences and retaining walls shall be exempted from the
requirements of Subsection (a).
(c)
Notwithstanding anything else in this by-law, an enclosed or internal staircase
or elevator leading to a dwelling unit within an accessory structure is
exempted from the maximum gross floor area requirements for backyard
suites (RC-Dec 11/25;E-Feb 2/26). (RC-May 23/24;E-June 13/24)
Planning Districts 1 and 3 Land Use By-law
Page 29
4.13A SHIPPING CONTAINERS (Repealed: RC-Dec 11/25;E-Feb 2/26)
4.13AB 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.
4.13B SECONDARY SUITES AND BACKYARD SUITES (RC-Sep 1/20;E-Nov 7/20)
(a)
SECONDARY SUITES
Secondary suites shall be permitted accessory to a single unit dwelling, a
mobile dwelling, (RC-Dec 11/25;E-Feb 2/26) a two unit dwelling, a semi-
detached dwelling or a townhouse 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;
(iii)
A two unit dwelling or semi-detached dwelling (RC-Dec 11/25;E-Feb
2/26) that contains a secondary suite shall not be considered a multiple
unit dwelling;
(iv)
Notwithstanding the parking requirements of Section 4.27, 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)
Planning Districts 1 and 3 Land Use By-law
Page 30
(b)
BACKYARD SUITES
Backyard suites shall be permitted accessory to a single unit dwelling, a
mobile dwelling, (RC-Dec 11/25;E-Feb 2/26) a two unit dwelling, a semi-
detached dwelling or a townhouse 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 4.12 and 4.13;
(iv)
The gross (RC-Dec 11/25;E-Feb 2/26) floor area of a backyard suite
shall not exceed 1,000 square feet (93.0 square metres) (RC-May
23/24;E-June 13/24);
(v)
Notwithstanding the parking requirements of Section 4.27, 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)
4.14 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)
Planning Districts 1 and 3 Land Use By-law
Page 31
(c)
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.
(d)
A development permit may only be issued for the temporary use of a rock
crusher.
(e)
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.
(f)
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.
(g)
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.
(h)
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 83 to 87 of the Planning Act shall prevail.
Planning Districts 1 and 3 Land Use By-law
Page 32
4.17 BUILDING TO BE MOVED
No building, residential or otherwise, shall be moved within or into the area covered by
this By-law unless a development permit has been obtained 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, telecommunication towers,
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
ramps, marine dependent uses, fisheries uses, conservation uses, parks
on public lands, historic sites and monuments, and public road
crossings, driveway crossings and wastewater, storm and water
infrastructure, and water control structures.
(e)
Notwithstanding clause (a), the required buffer shall be 30.5m of the
rim of any watercourse within the MR-2 (Mixed Resource 2) Zone
north of Highway 103; 30.5m of the rim of Wright Lake; or 30.5m of
the rim of Coon Lake within the MU-1 (Mixed Use 1) Zone. 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 (a), the required buffer for construction and
demolition operations shall be as specified under the applicable CD
Zone.
(g)
Within the buffer required pursuant to clause (f), no excavation,
infilling, tree, stump and other vegetation removal or any alteration of
any kind shall be permitted in relation to a development.
(h)
Notwithstanding clause (a), within the Tantallon Crossroads Coastal
Village Designation, the required buffer shall be 30 m (98.5 ft) from the
Planning Districts 1 and 3 Land Use By-law
Page 33
ordinary high water mark of the East River shown on Schedule Q. (RC-
Jun 23/15;E-Jul 14/15)
(i)
Within the required buffer pursuant to clause (h), no excavation.
infilling, tree, stump and other vegetation removal or any alteration of
any kind shall be permitted in relation to a development. (RC-Jun
23/15;E-Jul 14/15)
(j)
Within the required buffer pursuant to clause (h), activity shall be
limited to the placement of one accessory structure or one attached deck
not exceeding a footprint of 20 square metres or a combination of an
accessory structure and attached deck not exceeding 20 square metres,
fences, boardwalks. walkways and trails not exceeding 3 metres in
width, wharfs, boat ramps, marine dependent uses, fisheries uses,
conservation uses, parks on public lands, historic sites and monuments,
and public road crossings, driveway crossings and wastewater, storm
and water infrastructure, and water control structures. (RC-Jun
23/15;E-Jul 14/15)
(k)
Notwithstanding clause (h), where the configuration of any lot created
prior to the effective date of the Tantallon Crossroads Coastal Village
Designation, is such that no main building could be located on the Lot:
(i)
the minimum riparian buffer requirements set forth in the
Regional Municipal Planning Strategy shall apply; and
(ii)
for greater certainty, Subsection 4.19(3) shall apply.
(RC-Jun 23/15;E-Jul 14/15)
(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
Planning Districts 1 and 3 Land Use By-law
Page 34
Development Officer may require, to determine that the proposed building or
structure will meet the requirements of this section.
4.19A COASTAL AREAS (RC-Jun 25/14;E-Oct 18/14)
(1)
No development permit shall be issued for any dwelling on a lot abutting the
coast of the Atlantic Ocean, including its inlets, bays and harbours, within a
3.8 metre elevation above Canadian Geodetic Vertical Datum (CGVD 28).
(2)
Subsection (1) does not apply to any residential accessory structures which
do not contain (Deletion: NWCC-Mar 8/21;E-Mar 27/21) a backyard suite
(RC-Sep 1/20;E-Nov 7/20), marine dependant uses, open space uses, parking
lots and temporary uses permitted in accordance with this by-law.
(3)
Notwithstanding subsection (1), any existing dwelling situated less than the
required elevation may expand provided that such expansion does not
further reduce the existing elevation.
(4)
Every application for a development permit for a building or structure to be
erected pursuant to this section, shall be accompanied by plans drawn to an
appropriate scale showing the required elevations, contours and lot grading
information to determine that the proposed building or structure will meet
the requirements of this section.
4.20 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 purpose 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.
4.21 DAYLIGHTING TRIANGLE
On a corner lot, no fence, sign, hedge, shrub, bush or three or any other structure or
vegetation which restricts vision shall be erected or permitted to grow to a height more
than two (two) feet (.6 m) above grade of the streets that abut the lot within the triangular
area included within the street lines for a distance of twenty (20) feet (6.1 m) from their
point of intersection.
4.22 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, stairways, sundecks, walkways or steps may be located in any
yard.
Planning Districts 1 and 3 Land Use By-law
Page 35
(b)
There may be erected or maintained in any yard, the usual projections of sill,
cornices, eaves, gutters, chimneys, pilasters, canopies or other architectural
features, provided that no such structure or feature shall project more than two (2)
feet (.6 m) into any required yard.
(c)
Window bays and solar collectors may be permitted to project not more than three
(3) feet (.9 m) from the main wall into a required front, rear or flankage yard.
(d)
Exterior enclosed staircases, balconies, porches, and verandas shall not be
permitted to project into any required yard.
(e)
Ornamental planting and landscaping may be located in any yard unless otherwise
indicated in this By-law.
(f)
Access ramps for the mobility disabled may be located in any yard.
4.23 YARD EXCEPTION
(a)
Where, in this By-law a front, side or rear yard is required, and part of the area of
the lot is usually covered by water or marsh or is beyond the rim of a river bank or
watercourse, then the required yard shall be measured from the nearest main wall
of the main building or structure on the lot to the edge of the said area covered by
water or marsh, if such area is closer than the lot lines.
(b)
In any zone where two unit dwellings are permitted the minimum yard from the
side being common with another dwelling unit shall be 0.0 feet (0.0 m).
4.24 COMMERCIAL MOTOR VEHICLES
No more than one (1) commercial vehicle shall be kept on any lot in any Residential Zone
and no such commercial vehicle shall exceed a registered weight of five (5) tons (4.5
tonnes).
4.25 SEPARATION BETWEEN MAIN BUILDINGS
The minimum separation distance between any main buildings located on the same lot
shall be sixteen (16) feet (4.8 m).
4.26 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.
4.27 PARKING REQUIREMENTS
(a)
For every building or structure to be erected or enlarged, or any change of use, off-
street parking located within the same zone as the use and having unobstructed
access to a public street or private road 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.
Planning Districts 1 and 3 Land Use By-law
Page 36
USE
PARKING REQUIREMENT
Any dwelling except as specified
1 space per dwelling unit
below
Multiple unit dwellings
1.5 spaces per dwelling unit
(except for senior citizen apartments)
Shared housing use
(RC-Aug 9/22;E-Sep 15/22)
0 spaces
Retail stores, service and personal
service shops:
(a)
exceeding 5,000 square feet
5.5 spaces per 1,000 square feet
(464.5 m2) of gross floor area
(92.9 m2) of gross floor area
(b)
not exceeding 5,000 square feet
3.3 spaces per 1,000 square feet
(464.5 m2) of gross floor area
(92.9 m2) of gross floor area
Banks, financial institutions and
3.3 spaces per 1,000 square feet
general offices (92.9 m2) of gross floor area
Motels, hotels, and short-term bedroom
1 space per sleeping unit plus
rentals (RC-Feb 21/23;E-Sep 1/23)
requirementsfor restaurants or other
facilities contained therein
Restaurants - Drive-In
27 spaces per 1000 square feet
(92.9 m2) of net floor area excluding
washrooms, storage and food
preparation areas
Restaurants - Full Service
20 spaces per 1000 square feet
(92.9 m2) of net floor area excluding
washrooms, storage and food preparation
areas
Restaurants - Take-Out:
(a)
exceeding 300 square
16 spaces per 1000 square feet
feet (28 m2) of net floor
(92.9 m2) of net floor area excluding
area excluding washroom and
washroom and storage areas
storage areas
(b)
not exceeding 300 square
5 spaces
feet (28 m2) of net floor
area excluding washroom and
storage areas
Lounges, taverns and beverage rooms
20 spaces per 1,000 square feet (92.9 m2)
of gross floor area
Planning Districts 1 and 3 Land Use By-law
Page 37
USE
PARKING REQUIREMENT
Theatres
1 space per 5 seats
Institutional uses except as
where there are fixed seats, the
otherwise specified
greater of 1 space per 4 seats or 1 space
(RC-Aug 9/22;E-Sep 15/22)
per 100 square feet (9.3 m2) of gross floor
area
where there are no fixed seats, the greater
of 1 space per 100 square feet (10 m2) of
gross floor area or 1 space per 4 persons
who 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 per
20 high school students
Hospitals
2 spaces per bed
Day care facilities
1.5 spaces per 400 square feet (37.2 m2)
of gross floor area
Medical clinics and offices of any
2 spaces per consulting room
health practitioner
(RC-Aug 5/08;E-Aug 23/08)
Funeral homes 15 spaces
Warehouses, transport terminals and
the greater of 2 spaces per 1,000
general industrial uses
square feet (92.9 m2) of gross floor area
or 1 space per 4 employees
Any use not specified above
3.3 spaces per 1,000 square feet
(92.9 m2) of gross floor area
(b)
Reserved Spaces for the Mobility Disabled
Notwithstanding subsection (a), reserved parking spaces for the mobility disabled shall be
provided as an addition to the required spaces in conformity with the following schedule:
USE
PARKING REQUIREMENT
Medical Clinics and offices of any
1 reserved parking space for the
health practitioner
mobility disabled per 5-15 parking
spaces required; 1 additional space for
Planning Districts 1 and 3 Land Use By-law
Page 38
each additional 15 required spaces or part
thereof to a maximum of 10.
Multiple Dwellings
1 reserved parking space per 30 units to
a maximum of 10.
Restaurants and Theatres
1 reserved parking space per 50 seats to
a maximum of 10.
All other uses excluding fire
1 reserved parking space for the
stations and any industrial use which
mobility disabled per 15-100
does not have a retail function
parking spaces required;
1 additional space for each additional 100
required spaces or part thereof, to a
maximum of 10
(c)
Standards for Mobility Disabled Parking Spaces
(i)
each reserved parking space shall contain an area of not less than two
hundred and forty (240) square feet measuring twelve (12) feet by twenty
(20) feet (6.1 m);
(ii)
where the limits of the parking lot are defined by a curb, the parking lot
shall be provided with a ramped curb as close as possible to the location
which it is intended to serve and in no case shall it be further than three
hundred (300) feet (90.5 m) from the location which it is intended to serve
(iii)
each reserved parking space shall be located as close as possible to the
location it is intended to serve;
(iv)
each reserved parking space shall be clearly identified by a ground sign.
4.28 STANDARDS FOR PARKING LOTS
Where a parking lot for more than four (4) vehicles is required or permitted:
(a)
entrance and exit ramps to the lot shall not exceed two (2) in number and each such
ramp shall be a width of twenty-five (25) feet (7.6 m) at the street line and edge of
pavement; and
(b)
the width of a driveway leading to a parking lot or loading space, or of a driveway
or aisle in a parking lot, shall be a minimum width of ten (10) feet (3 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).
4.29 COMPOSTING OPERATIONS (MC-Feb 26/96;M-Mar 28/96)
No development permit shall be issued for a composting operation except in
compliance with the following provisions:
(a)
the use shall not be obnoxious or create a nuisance;
(b)
a composting operation shall meet the following separation distances:
(i)
from any property line
328 feet (100 m)
(ii)
from the nearest:
Planning Districts 1 and 3 Land Use By-law
Page 39
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 (R-1, R-A, R-A1, R-1E, and R-2 Zones.
4.30 TOURIST ACCOMMODATIONS (WRCC-Jan 26/04;E-Feb 15/04)
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, pending all other requirements
of the Land Use By-law are met.
4.31 SCHEDULE I - 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 I
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 J - WETLANDS MAP (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 J
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.
Planning Districts 1 and 3 Land Use By-law
Page 40
c)
"Nameplate Capacity" means the manufacturer's maximum rated output of
the electrical generator found in the nacelle of the wind turbine;
d)
"Total Rated Capacity" means the maximum rated output of all the electrical
generators found in the nacelles of the wind turbines used to form a wind
energy facility;
e)
"Tower Height" means the distance measured from grade at the established
grade of the tower to the highest point of the turbine rotor or tip of the turbine
blade when it reaches its highest elevation, or in the case of a roof mounted
wind turbine the distance measured from the lowest point of established grade
at the building's foundation to the highest point of the turbine rotor or tip of
the turbine blade when it reaches its highest elevation;
f)
"Turbine" means a wind energy conversion system, the purpose of which is to
produce electricity, consisting of rotor blades, associated control or conversion
electronics, and other accessory structures.
g)
"Wind Energy Facility" means a wind energy conversion system, the purpose
of which is to produce electricity, consisting of one or more roof mounted
turbines or turbine towers, with rotor blades, associated control or conversion
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 K - Wind Energy Zoning. Such zones are:
(UW-1) Urban Wind Zone
(RW-2) Rural Wind Zone
(R) Restricted Zone
Planning Districts 1 and 3 Land Use By-law
Page 41
a)
URBAN WIND ZONE (UW-1)
i)
All Wind Energy Facilities, except Large Facilities, are permitted in the
Urban Wind Zone (UW-1).
ii) All turbine towers in the UW-1 Zone shall have a minimum distance
between turbines equal to the height of the tallest tower.
iii) All turbine towers in the UW-1 Zone shall be set back a minimum
distance of 1.0 times the tower height from any adjacent property
boundary,
iv) Turbine towers of Micro Facilities in the UW-1 Zone shall be set back a
minimum distance of 3.0 times the tower height from any habitable
building on an adjacent property.
v)
Turbine towers of Small Facilities in the UW-1 Zone shall be set back a
minimum distance of 180 metres (590 feet) from any habitable building
on an adjacent property.
vi) Turbine towers of Medium Facilities in the UW-1 Zone shall be set back
a minimum distance of 250 metres (820 feet) from any habitable building
on an adjacent property.
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
Planning Districts 1 and 3 Land Use By-law
Page 42
(ii)
a residential dwelling receives less than 30 minutes per
day or 30 hours per year of shadow flicker.
(RC-Dec 11/25;E-Feb 2/26)
2)
A minimum distance of 1.0 times the tower height from any
adjacent property boundary.
c)
RESTRICTED ZONE (R)
i)
Wind Energy Facilities shall not be permitted in the Restricted Zone.
III
PERMIT APPLICATION REQUIREMENTS
All Wind Energy Facilities require a development permit. The permit application
shall contain the following:
a)
a description of the proposed Wind Energy Facility, including an overview of
the project, the proposed total rated capacity of the Wind Energy Facility;
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
Planning Districts 1 and 3 Land Use By-law
Page 43
property that is within the following distances from the boundary of the
property upon which any Micro, Small, Medium and Large wind energy
facility is proposed:
i)
Micro
140 metres (460 ft)
ii)
Small
360 metres (1180 ft)
iii)
Medium
500 metres (1640 ft)
iv) Large
2000 metres (6560 ft)
c)
The notice pursuant to section b) shall include the following information:
i)
a site plan that includes property boundaries and the location of the
proposed wind energy facility;
ii) a description of the type of wind energy facility; and
iii)
the applicant's contact information which shall include a mailing
address.
V
EXCEPTIONS
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 Districts 1 and 3 Land Use By-law:
i)
RPK (Regional Park) Zone;
ii)
PA (Protected Area) Zone.
VII
INSTALLATION AND DESIGN
a)
The installation and design of a Wind Energy Facility shall conform to
applicable industry standards.
b)
All structural, electrical and mechanical components of the Wind Energy
Facility shall conform to relevant and applicable local, provincial and national
codes.
c)
All electrical wires shall, to the maximum extent possible, be placed
underground.
d)
The visual appearance of the Wind Energy Facility shall at a minimum:
i)
be a non-obtrusive colour such as white, off-white or gray;
ii)
not be artificially lit, except to the extent required by the Federal
Aviation Act or other applicable authority that regulates air safety; and,
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
Planning Districts 1 and 3 Land Use By-law
Page 44
Watercourse Setbacks and Buffers as set out in the Land Use By-law.
c)
The siting of all accessory buildings are subject to the general set back
provisions for buildings under this By-law
IX
SCHEDULES
a)
Schedule K - 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 Districts 1 and 3 Land Use By-law
Page 45
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)
Except for signs permitted under Section 5.4, no person shall erect a sign except
where a development permit has been issued and no permit to erect a sign shall be
issued unless all the sign provisions of this By-law are satisfied.
5.1A TEMPORARY SIGNAGE (RC-Sep 26/06;E-Nov 18/06)
(a) This By-law shall not apply to any sign regulated under HRM By-law S-800
(A By-law Respecting Requirements for the Licensing of Temporary Signs);
and
(b) Any sign provision within this By-law referring to temporary signage, as
regulated under HRM By-law S-800, is superceded.
5.2
SAFETY
Every sign and all parts thereof, including framework, supports, background, anchors and
wiring systems shall be constructed in conformity 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:
(a)
Any sign which has an area of no more than four (4) square feet (.37 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 (.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 (.7 m2)
in any Residential Zone or twenty-four (24) square feet (2.2 m2) in any other zone.
(d)
Any sign which has an area of no more than five (5) square feet (.5 m2) and which
regulates or denotes the direction or function of various parts of a building or
premises, including parking and traffic areas.
(e)
Any sign which has an area of no more than fifty (50) square feet (4.6 m2) and
which is incidental to construction.
Planning Districts 1 and 3 Land Use By-law
Page 46
(f)
Any sign erected by, or under the direction of, a government body such as signs
identifying public buildings, giving public information or regulating traffic or
safety.
(g)
Any flag, insignia, notice or advertising of any charitable, religious or fraternal
organization.
(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 or health.
(b)
Any sign which, for any reason, obstructs the vision of drivers leaving a roadway
or driveway, or detracts from the visibility or effectiveness of any traffic sign or
control device on a public street or highway.
(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 no longer advertises a bona fide business which no longer conducts
business, or sells a product. Such signs are deemed to be obsolete and shall be
removed by the owner or occupant of the property upon which they are erected,
within sixty (60) days of the date of discontinuance of the business or product.
(g)
Any sign painted on a tree, stone, cliff or other natural object.
(h)
Any sign which incorporates any flashing or any sign which has any visible moving
part or a searchlight and any sign which has any visible part or mechanical
movement whether achieved by natural or artificial means.
5.6
PROJECTING SIGNS
No projecting sign shall:
(a)
project over a public right-of-way daylighting triangle or lot line;
(b)
be erected below a height of ten (10) feet (3 m) or project above thirty-five (35) feet
(10.7 m);
(c)
be permitted to swing freely on its supports;
(d)
project horizontally more than six (6) feet (1.8 m) from any wall to which is
attached; or
(e)
exceed twenty (20) square feet (2 m2) in area.
5.7
GROUND SIGNS
No ground sign shall:
Planning Districts 1 and 3 Land Use By-law
Page 47
(a)
extend beyond a property line or project over a public right-of-way, daylighting
triangle, or lot line;
(b)
be less than ten (10) feet (3 m) from any street line or abutting lot line;
(c)
exceed in height of twenty-five (25) feet (7.6 m); and
(d)
exceed twenty-five (25) square feet (2.3 m2) of sign area on a single face on fifty
(50) square feet (4.6 m2) of sign area for both faces combined.
5.7A No more than one (1) ground sign shall be permitted on any lot. (WRCC-May 26/08;
E-Jun 14/08)
5.8
FACIAL WALL SIGNS
Facial wall signs shall have an aggregate area not exceeding one square foot for each
lineal foot of wall to which they are attached, or six percent (6%) of the wall area to
which they are attached, which ever is greatest. (WRCC-May 26/08;E-Jun 14/08)
Planning Districts 1 and 3 Land Use By-law
Page 48
PART 5A: SPECIAL PROVISIONS FOR TANTALLON CROSSROADS
COASTAL VILLAGE DESIGNATION (SCHEDULE L) (RC-Jul
22/14;E-Oct 4/14)
5A.1 STANDARDS FOR PARKING - TANTALLON CROSSROADS
Within the VG (Village Gateway) Zone and the VC (Village Centre) Zone of the Tantallon
Crossroads Coastal Village Designation as shown in Schedule L:
(a)
Minimum parking requirements established in Section 4.27 shall be reduced by 20
percent;
(b)
All new parking shall be located to the side or the rear of the building;
(c)
All parking lots requiring more than ten (10) parking spaces shall have ten (10)
percent of their parking area landscaped with vegetation. This percentage shall not
be concentrated in only one area of the parking lot, and shall be complimentary to
the overall design. Required landscaped areas shall have a minimum of one (1) tree
(minimum of 60 mm (2.4 in.) calliper) and three (3) shrubs; and
(d)
Bicycle parking shall be provided which:
(i)
permits the locking of at least two bicycles by the frame and the front wheel
and support of each bicycle in a stable position with two points of contact
(bicycle racks - including wall mounted varieties);
(ii)
in the case of institutional uses, is provided at a rate of 1 per 250 sq. m (2,691
sq. ft.) of gross floor area, excluding residential units; and is clearly visible
from the main entrance doorways to buildings; and
(iii)
in the case of buildings with more than two residential units, is provided at a
rate of one (1) per dwelling unit, and protects each bicycle from inclement
weather.
(e)
Notwithstanding subsection (d), bicycle parking shall not be required for single and
two unit residential uses and open space uses.
5A.2 LIGHTING AND LANDSCAPING - TANTALLON CROSSROADS
(a)
Within the Tantallon Crossroads Coastal Village Designation as shown in Schedule
L, all outdoor lighting shall be oriented such that it is directed downwards and away
from adjacent properties.
(b)
Within the VG (Village Gateway) Zone and the VC (Village Centre) Zone of the
Tantallon Crossroads Coastal Village Designation as shown in Schedule L:
(i)
Where any commercial or institutional use abuts a residentially zoned or used
lot, the rear or side yard abutting the residentially zoned or used lot shall
contain a fence or vegetative screening;
(ii)
A landscape strip at least 4.5 m (15 ft.) wide shall be provided along all street
property lines, exclusive of driveways and walkways. This requirement shall
not apply to single unit or two-unit residential properties. The required
landscape strip shall incorporate a minimum of one (1) tree (minimum of 60
mm calibre (2.4 in.)) and three (3) shrubs per 7.6 m (25 ft.) of street frontage.
The incorporation of trees and shrubs into the required landscape strip may
be provided in the form of groupings, provided a minimum ratio of one (1) tree
and three (3) shrubs are provided per 7.6 m (25 ft.) of street frontage;
Planning Districts 1 and 3 Land Use By-law
Page 49
(iii)
Notwithstanding Section 5A2(b)(ii), existing trees may be substituted where
trees and shrubs are required; and
(iv)
Notwithstanding Section 5A2(b)(ii), where the Development Officer
determines that an existing building location or topographic constraints
prevent the owner from satisfying the requirements of Section 5A2(b)(ii), an
equivalent area of landscaping may be wholly or partly substituted using any
combination of the following clearly visible from the abutting street:
a)
landscaped areas of at least 4.6 square metres (50 square feet) in area
having no dimension less than 0.6 metres (2 feet); and
b)
landscape planter(s) constructed of wood, brick, stone or concrete
blocks resembling stone, and having a total minimum of 2.3 square
metres (25 square feet)."
5A.3 ADDITIONAL SIGN CONTROL - TANTALLON CROSSROADS
Within the Tantallon Crossroads Coastal Village Designation as shown in Schedule L, the
following signage requirements shall apply unless the requirements conflict with Part 5, and
in a case of such conflict the more stringent requirements shall apply:
(a)
within the Village Gateway (VG) and Village Residential (VR) Zones, no sign shall be
backlit;
(b)
within the Village Residential (VR) Zone, no ground sign shall exceed 1.9 m (6 ft) in
height, and no sign face shall exceed an area of 0.5 sq. m (5 sq. ft) except for any sign
contemplated in Section 5.4 (c), (e), (f), (g) or (h) of Part 5;
(c)
within the Village Gateway (VG) Zone, no ground sign shall exceed 4.6 m (15 ft) above
established grade in vertical height and 3.1 m (10 ft) in width;
(d)
within the Village Centre (VC) Zone, no ground sign shall exceed 6.1 m (20 ft) above
established grade in vertical height and 4.6 m (15 ft) in width;
(e)
within the Village Gateway (VG) Zone and the Village Centre (VC) Zone, ground
signs shall be permitted within the required landscape strip, provided all other land
use by-law requirements are satisfied;
(f)
within the Village Gateway (VG) Zone and the Village Centre (VC) Zone, all ground
signs located outside the required landscape strip shall be sited in a landscaped area
a minimum of 27.9 sq. m (300 sq. ft.) in size;
(g)
ground signs shall have a maximum of two (2) faces, which shall be affixed back to
back;
(h)
no sign shall be located on the roof of any building;
(i)
no wall mounted signs shall extend above the top of any wall;
(j)
no sign shall incorporate any flashing or moving illumination; and
(k)
within the Village Gateway (VG) Zone and the Village Centre (VC) Zone, each
business occupancy located in a multiple commercial occupancy building may be
permitted a maximum of two (2) wall mounted (fascia) signs, the total of which shall
not exceed an area equal to ten (10) percent of the business facade upon which it is
located.
5A.4 ARCHITECTURAL REQUIREMENTS - TANTALLON CROSSROADS
Within the Tantallon Crossroads Coastal Village Designation as shown in Schedule L, the
following architectural requirements shall apply to all buildings except single-unit dwellings,
Planning Districts 1 and 3 Land Use By-law
Page 50
two-unit dwellings, auxiliary dwelling units, accessory buildings, greenhouses, temporary
garden centres, temporary structures erected for festivals or special events, temporary
construction uses, changes in use or occupancy within an existing building, or internal
renovations within an existing building:
(a)
A combination of arcades, display windows, entry doorways, permanent awnings or
other such features shall be incorporated into the street façade of every building
containing a commercial or community use. Such features shall be at least 60
percent of the horizontal length of the building facing a public street;
(b) Every street façade shall incorporate a minimum of one clearly defined entrance
doorway;
(c)
A hard surface walkway shall be provided between the entrance doorway required in
Subsection (b), and a point where the driveway joins the street;
(d)
All roofs shall be pitched roofs, with a minimum slope of 6:12, except for dormers,
porches, or where occupied by vegetative roofing systems;
(e)
All roofs visible from the street shall be articulated at intervals of at least 15.3 m (50
ft.) measured horizontally, with features such as cross-gables, dormers, parapets, or
masonry-style chimneys;
(f)
At least one wall of each building shall be oriented to face the street;
(g) No uninterrupted length of any street facade shall exceed 15.3 m (50 ft.) measured
horizontally. Wall plane projections, recesses, or other architectural features shall
be incorporated into all facades greater than 15.3 m (50 ft.) in length, measured
horizontally;
(h) Siding shall have the appearance of horizontal or vertical wood siding, shingles, stone
or brick;
(i)
Windows, doors and corners shall be accentuated by trim or other design details (i.e.
arches, hoods, mouldings, decorative lintels, pediments, sills, corner boards);
(j)
Window openings, except for retail display windows and basement windows, shall be
vertical or square; and
(k)
Rooftop equipment, including satellite and other telecommunication equipment for
private use, air handling units, elevator equipment, cooling towers and exhaust fans
shall be visually screened from the public street.
WINDOWS
AWNINGS
ENTRY AREAS
ARCADES
Planning Districts 1 and 3 Land Use By-law
Page 51
PART 6:
R-1 (SINGLE UNIT DWELLING) ZONE
6.1
R-1 USES PERMITTED
No development permit shall be issued in any R-1 (Single Unit Dwelling) Zone except for
the following:
Residential Uses
Single unit dwellings
Shared housing use with 10 or fewer bedrooms in conjunction with a permitted
dwelling unit (RC-Aug 9/22;E-Sep 15/22)
Day care facilities for not more than fourteen (14) children and in conjunction with
permitted dwellings
Business uses in conjunction with permitted dwellings
Community Uses
Open space uses
6.2
R-1 ZONE REQUIREMENTS: RESIDENTIAL USES
In any R-1 Zone where uses are permitted as Residential Uses, no development permit shall
be issued except in conformity with the following:
Minimum Lot Area
20,000 square feet (1858 m2)
Minimum Frontage
100 feet (30.5 m)
Minimum Front or Flankage Yard
20 feet (6.1 m)
Minimum Rear or Side Yard
8 feet (2.4 m)
Maximum Lot Coverage
35 per cent
Maximum Height of Main Building
35 feet (10.7 m)
6.3
OTHER REQUIREMENTS: BUSINESS USES
Where business uses are permitted in any R-1 Zone, the following shall apply:
(a)
Any business shall be wholly contained within the dwelling which shall be the
principle residence of the operator of the business.
(b)
No more than three hundred (300) square feet (28 m2) of gross floor area of any
dwelling shall be devoted to any business use.
(c)
No mechanical equipment shall be used except that which is reasonably consistent
with the use of a dwelling and which is not obnoxious and which does not create a
nuisance by virtue of noise, vibration, glare, odour or dust or which is obnoxious.
(d)
No open storage or outdoor display shall be permitted.
(e)
No more than one (1) sign shall be permitted for any business and no such sign
shall exceed four (4) square feet (.37 m2) in area and shall not exceed four (4) feet
(1.2 m) in any one dimension.
(g)
One off-street parking space, other than that required for the dwelling, shall be
provided for in accordance with Section 4.27.
Planning Districts 1 and 3 Land Use By-law
Page 52
6.4
OTHER REQUIREMENTS: DAY CARE FACILITIES
Where day care facilities are permitted in any R-1 Zone, the following shall apply:
(a)
With the exception of outdoor play space, any day care facility shall be wholly
contained within the dwelling which is the principle residence of the operator of the
facility.
(b)
No open storage or outdoor display shall be permitted.
(c)
No more than one (1) sign shall be permitted for any day care facility and no such
sign shall exceed four (4) square feet (.37 m2) in area, and shall not exceed four (4)
feet (1.2 m) in any one dimension.
(d)
One off-street parking space, other than that required for the dwelling, shall be
provided for every one hundred and fifty (150) square feet (14 m2) of gross floor
area devoted to any facility.
6.5
OTHER REQUIREMENTS: BED AND BREAKFASTS (Deleted: RC-Feb
21/23;E-Sep 1/23)
6.6
OTHER REQUIREMENTS: OPEN SPACE USES
In any R-l Zone where uses are permitted as Open Space Uses, no development permit
shall be issued except in conformity with the following:
Minimum Front or Flankage Yard
30 feet (9.1 m)
Minimum Rear or Side Yard
30 feet (9.1 m)
6.7
EXEMPTION: OPEN SPACE USES
Notwithstanding the provision of Section 4.1(a) where uses are permitted as Open Space
Uses, and where such uses involve no buildings or structures, no development permit shall
be required.
Planning Districts 1 and 3 Land Use By-law
Page 53
PART 7:
R-A (RESIDENTIAL) ZONE
7.1
R-A USES PERMITTED
No development permit shall be issued in any R-A (Residential) Zone except for the
following:
Residential Uses
Single unit dwellings
One 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)
Day care facilities for not more than fourteen (14) children and in conjunction with
permitted dwellings
Business uses in conjunction with permitted dwellings
Community Uses
Open space uses
7.2
R-A ZONE REQUIREMENTS: RESIDENTIAL USES
In any R-A Zone where uses are permitted as Residential Uses, no development permit
shall be issued except in conformity with the following:
Minimum Lot Area
20,000 square feet (1858 m2)
Minimum Frontage
100 feet (30.5 m)
Minimum Front or Flankage Yard
20 feet (6.1 m)
Minimum Rear or Side Yard
8 feet (2.4 m)
Maximum Lot Coverage
35 per cent
Maximum Height of Main Building
35 feet (10.7 m)
7.3
OTHER REQUIREMENTS: BUSINESS USES
Where business uses are permitted in any R-A Zone, the following shall apply:
(a)
Any business shall be wholly contained within the dwelling, which shall be the
principle residence of the operator of the business.
(b)
No more than three hundred (300) square feet (28 m2) of gross floor area of any
dwelling shall be devoted to any business use.
(c)
No mechanical equipment shall be used except that which is reasonably consistent
with the use of a dwelling and which does not create a nuisance by virtue of noise,
vibration, glare, odour or dust or which is obnoxious.
(d)
No open storage or outdoor display shall be permitted.
(e)
No more than one (1) sign shall be permitted for any business and no such sign
shall exceed four (4) square feet (.37 m2) in area and shall not exceed four (4) feet
(1.2 m) in any one dimension.
(f)
Off-street parking space, in addition to those required for the dwelling, shall be
provided according to the provisions of Section 4.27.
Planning Districts 1 and 3 Land Use By-law
Page 54
7.4
OTHER REQUIREMENTS: BED AND BREAKFASTS (Deleted: RC-Feb
21/23;E-Sep 1/23)
7.5
OTHER REQUIREMENTS: DAY CARE FACILITIES
Where day care facilities are permitted in any R-A Zone, the following shall apply:
(a)
With the exception of outdoor play space, any day care facility shall be wholly
contained within the dwelling which is the principal residence of the operator of the
facility.
(b)
No open storage or outdoor display shall be permitted.
(c)
No more than one (1) sign shall be permitted for any day care facility and no such
sign shall exceed four (4) square feet (.37 m2) in area, and shall not exceed four (4)
feet (1.2 m) in any one dimension.
(d)
One off-street parking space, other than that required for the dwelling, shall be
provided for every one hundred and fifty (150) square feet (14 m2) of gross floor
area devoted to any facility.
7.6
OTHER REQUIREMENTS: AUXILIARY DWELLING UNITS
Where auxiliary dwelling units are permitted in any R-A Zone the following shall apply:
(a)
No more than thirty-five (35) per cent of gross floor area of any dwelling shall be
devoted to the auxiliary dwelling unit.
(b)
There shall be an unrestricted interior access between the dwelling units.
(c)
One off-street parking space shall be provided for each dwelling unit.
7.7
OTHER REQUIREMENTS: OPEN SPACE USES
In any R-A Zone where uses are permitted as Open Space Uses, no development permit
shall be issued except in conformity with the following:
Minimum Front or Flankage Yard
30 feet (9.1 m)
Minimum Rear or Side Yard
30 feet (9.1 m)
7.8
EXEMPTION: OPEN SPACE USES
Notwithstanding the provision of Section 4.1(a) where uses are permitted as Open Space
Uses, and where such uses involve no buildings or structures, no development permit shall
be required.
Planning Districts 1 and 3 Land Use By-law
Page 55
PART 8:
R-A1 (GENERAL RESIDENTIAL) ZONE
8.1
R-A1 USES PERMITTED
No development permit shall be issued in any R-A1 (General Residential) Zone except for
the following:
Residential Uses
Single unit dwellings
One 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)
Day care facilities for not more than fourteen (14) children and in conjunction with
permitted dwellings
Business uses in conjunction with permitted dwellings
Community Uses
Open space uses
Institutional uses
8.2
R-A1 ZONE REQUIREMENTS: RESIDENTIAL USES
In any R-A1 Zone where uses are permitted as Residential Uses, no development permit
shall be issued except in conformity with the following:
Minimum Lot Area
20,000 square feet (1858 m2)
Minimum Frontage
100 feet (30.5 m)
Minimum Front or Flankage Yard
20 feet (6.1 m)
Minimum Rear or Side Yard
8 feet (2.4 m)
Maximum Lot Coverage
35 per cent
Maximum Weight of Main Building
35 feet (10.7 m)
8.3
OTHER REQUIREMENTS: BUSINESS USES
Where business uses are permitted in any R-A1 Zone, the following shall apply:
(a)
Any dwelling which is used for such purposes shall be the principal residence of
the operator of the business.
(b)
No more than three hundred (300) square feet (28 m2) of gross floor area of any
dwelling nor more than seven hundred (700) square feet (65 m2) of gross floor area
of any other structure shall be devoted to any business use.
(c)
No mechanical equipment shall be used that is obnoxious and which creates a
nuisance by virtue of noise, vibration, glare, odour, dust or air pollutants.
(d)
No open storage or outdoor display shall be permitted.
(e)
No more than one (1) sign shall be permitted for any business or facility and no
such sign shall exceed four (4) square feet (.37 m2) in area and shall not exceed four
(4) feet (1.2 m) in any one dimension.
(f)
One off-street parking space, in addition to those required for the dwelling, shall be
provided according to the provisions of Section 4.27.
Planning Districts 1 and 3 Land Use By-law
Page 56
8.4
OTHER REQUIREMENTS: BED AND BREAKFASTS (Deleted: RC-Feb
21/23;E-Sep 1/23)
8.5
OTHER REQUIREMENTS: DAY CARE FACILITIES
Where day care facilities are permitted in any R-A1 Zone, the following shall apply:
(a)
With the exception of outdoor play space, any day care facility shall be wholly
contained within the dwelling which is the principal residence of the operator of the
facility;
(b)
No open storage or outdoor display shall be permitted;
(c)
No more than one (1) sign shall be permitted for any day care facility and no such
sign shall exceed four (4) square feet (.37 m2) in area, and shall not exceed four (4)
feet (1.2 m) in any one dimension.
(d)
One off-street parking space, other than that required for the dwelling, shall be
provided for every one hundred and fifty (150) square feet (14 m2) of gross floor
area devoted to any facility.
8.6
OTHER REQUIREMENTS: AUXILIARY DWELLING UNITS
Where auxiliary dwellings are permitted in any R-A1 Zone the following shall apply:
(a)
Deleted - (DMA).
(b)
No more than thirty-five (35) per cent of gross floor area of any dwelling shall be
devoted to the auxiliary dwelling unit.
(c)
There shall be an unrestricted interior access between the dwelling units.
(d)
One off-street parking space shall be provided for each dwelling unit.
8.7
OTHER REQUIREMENTS: INSTITUTIONAL USES
In any RA-1 Zone where uses are permitted as Institutional Uses, no development permit
shall be issued except in conformity with the following:
Minimum Lot Area
20,000 square feet (1858 m2)
Minimum Frontage
100 feet (30.5 m)
Minimum Front or Flankage Yard
30 feet (9.1 m)
Minimum Rear or Side Yard
The greater of ½ height of the
main building, or 15 feet (4.6 m)
Maximum Lot Coverage
50 per cent
8.8
OTHER REQUIREMENTS: OPEN SPACE USES
In any R-A1 Zone where uses are permitted as Open Space Uses, no development permit
shall be issued except in conformity with the following:
Minimum Front or Flankage Yard
30 feet (9.1 m)
Minimum Rear or Side Yard
30 feet (9.1 m)
Planning Districts 1 and 3 Land Use By-law
Page 57
8.9
EXEMPTION: OPEN SPACE USES
Notwithstanding the provision of Section 4.1(a) where uses are permitted as Open Space
Uses, and where such uses involve no buildings or structures, no development permit shall
be required.
Planning Districts 1 and 3 Land Use By-law
Page 58
PART 9:
R-1E (RESIDENTIAL ESTATE) ZONE
9.1
R-1E USES PERMITTED
No development permit shall be issued in any R-1E (Residential Estate) Zone except for
the following:
Residential Uses
Single unit dwelling
Shared housing use with 10 or fewer bedrooms in conjunction with a permitted
dwelling unit (RC-Aug 9/22;E-Sep 15/22)
Day care facilities for not more than fourteen (14) children in conjunction with permitted
dwellings
Business uses in conjunction with a permitted dwelling
Community Uses
Open space uses
Agricultural Uses
Stables for the keeping of certain hooved animals
9.2
R-1E ZONE REQUIREMENTS
In any R-1E Zone, where uses are permitted as Residential Uses, no development permit
shall be issued except in conformity with the following
Minimum Lot Area
20,000 square feet (1858 m2)
Minimum Frontage
100 feet (30.5 m)
Minimum Front or Flankage Yard
30 feet (9.1 m)
Minimum Rear or Side Yard
8 feet (2.4 m)
Maximum Lot Coverage
35 percent
Maximum Height of Main Building
35 feet (10.7 m)
9.3
OTHER REQUIREMENTS: DAY CARE USES
Where day care facilities are permitted in any R-1E Zone, the following shall apply:
(a)
With the exception of outdoor play space, any day care facility shall be wholly
contained within the dwelling which is the principal residence of the operator of the
facility.
(b)
No open storage or outdoor display shall be permitted.
(c)
No more than one (1) one sign shall be permitted for any day care facility and no
such sign shall exceed four (4) square feet (0.37 m2) in area, and shall not exceed
four (4) feet (1.2 m) in any one dimension.
(d)
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 (14 m2) of gross floor
area devoted to any facility.
Planning Districts 1 and 3 Land Use By-law
Page 59
9.4
OTHER REQUIREMENTS: BUSINESS USES
Where business uses are permitted in any R-1E Zone, the following shall apply:
(a)
Any business shall be wholly contained within the dwelling which shall be the
principle residence of the operator of the business.
(b)
No more than three hundred (300) square feet (28 m2) of gross floor area of any
dwelling shall be devoted to any business use.
(c)
No mechanical equipment shall be used except that which is reasonably consistent
with the use of a dwelling and which is not obnoxious and which does not create a
nuisance by virtue of noise, vibration, glare, odour or dust or which is obnoxious.
(d)
No open storage or outdoor display shall be permitted.
(e)
No more than one (1) sign shall be permitted for any business and no such sign
shall exceed four (4) square feet (0.37 m2) in area and shall not exceed four (4) feet
(1.2 m) in any one dimension.
(g)
One off-street parking space, other than that required for the dwelling, shall be
provided for in accordance with Section 4.27.
9.5
OTHER REQUIREMENTS: KEEPING OF UNGULATE (HOOFED ANIMALS) FOR
PERSONAL USE
No development permit shall be issued for a stable for the keeping of ungulates (hoofed
animals) for personal use except in conformity with the following:
(a)
A minimum lot size of 100,000 square feet shall be required.
(b)
No more than 750 square feet (69.7 m2) of any building shall be used for the keeping
of ungulates, and no such building shall:
(i)
be located less than 20 feet (6.2 m) from any rear or side lot line.
(ii) be located less than 100 feet (30.5 m) from any dwelling or potable water
supply except a dwelling or potable water supply located on the same lot.
(iii) be located less than 300 feet (91.5 m) from any watercourse or waterbody.
(c)
Where an animal is to be sheltered in an existing accessory structure other than an
existing accessory garage or vehicle shed, then the minimum rear or side yard
required under clause (b)(i) may be reduced to eight (8) feet (2.4 m).
(d)
For the purposes of this Part, "hoofed animals" shall be limited to ungulates with
non-cleft hooves, including, but not limited to, horses, donkeys and mules.
9.6
OTHER REQUIREMENTS: BED AND BREAKFASTS (Deleted: RC-Feb
21/23;E-Sep 1/23)
9.7
EXEMPTION: OPEN SPACE USES
Notwithstanding the provision of Section 4.1(a) where uses are permitted as Open Space
Uses, and where such uses involve no buildings or structures, no development permit shall
be required.
Planning Districts 1 and 3 Land Use By-law
Page 60
PART 10: R-2 (TWO UNIT DWELLING) ZONE
10.1 R-2 USES PERMITTED
No development permit shall be issued in any R-2 (Two Unit Dwelling) Zone except for
the following:
Residential Uses
Single unit dwellings
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)
Day care facilities for not more than fourteen (14) children and in conjunction with
permitted dwellings
Business uses in conjunction with permitted dwellings
Community Uses
Open space uses
10.2 R-2 ZONE REQUIREMENTS: RESIDENTIAL USES
In any R-2 Zone where uses are permitted as Residential Uses, no development permit
shall be issued except in conformity with the following:
Minimum Lot Area
20,000 square feet (1858 m2)
Minimum Frontage
100 feet (30.5 m)
Minimum Front or Flankage Yard
20 feet (6.1 m)
Minimum Rear or Side Yard
8 feet (2.4 m)
Maximum Lot Coverage
35 per cent
Maximum Height of Main Building
35 feet (10.7 m)
10.3
OTHER REQUIREMENTS: BUSINESS USES
Where business uses are permitted in any R-2 Zone, the following shall apply:
(a)
Any business shall be wholly contained within the dwelling, which shall be the
principal residence of the operator of the business.
(b)
No more than three hundred (300) square feet (28 m2) of gross floor area of any
dwelling shall be devoted to any business use.
(c)
No mechanical equipment shall be used except that which is reasonably consistent
with the use of a dwelling and which does not create a nuisance by virtue of noise,
vibration, glare, odour or dust or which is obnoxious.
(d)
No open storage or outdoor display shall be permitted.
(e)
No more than one (1) sign shall be permitted for any business or facility and no
such sign shall exceed four (4) square feet (.37 m2) in area and shall not exceed four
(4) feet (1.2 m) in any one dimension.
(g)
One off-street parking space, in addition to those required for the dwelling, shall be
provided according to the provisions of Section 4.27.
Planning Districts 1 and 3 Land Use By-law
Page 61
10.4 OTHER REQUIREMENTS: DAY CARE FACILITIES
Where day care facilities are permitted in any R-2 Zone, the following shall apply:
(a)
With the exception of outdoor play space, any day care facility shall be wholly
contained within the dwelling which is the principal residence of the operator of the
facility.
(b)
No open storage or outdoor display shall be permitted.
(c)
No more than one (1) sign shall be permitted for any day care facility and no such
sign shall exceed four (4) square feet (.37 m2) in area, and shall not exceed four (4)
feet (1.2 m) in any one dimension.
(d)
One off-street parking space, other than that required for the dwelling, shall be
provided for every one hundred and fifty (150) square feet (14 m2) of gross floor
area devoted to any facility.
10.5 OTHER REQUIREMENTS: OPEN SPACE USES
In any R-2 Zone where uses are permitted as Open Space Uses, no development permit
shall be issued except in conformity with the following:
Minimum Front or Flankage Yard
30 feet (9.1 m)
Minimum Rear or Side Yard
30 feet (9.1 m)
10.6 EXEMPTION: OPEN SPACE USES
Notwithstanding the provision of Section 4.1(a) where uses are permitted as Open Space
Uses, and where such uses involve no buildings or structures, no development permit shall
be required.
Planning Districts 1 and 3 Land Use By-law
Page 62
PART 11: MRR-1 (MIXED RURAL RESIDENTIAL) 1 ZONE
11.1 MRR-1 USES PERMITTED
No development permit shall be issued in any MRR-1 (Mixed Rural Residential) Zone
except for the following:
Residential Uses
Single unit dwellings
Two unit dwellings
Shared housing use with 10 or fewer bedrooms in conjunction with a permitted
dwelling unit (RC-Aug 9/22;E-Sep 15/22)
Day care facilities for not more than fourteen (14) children and in conjunction with
permitted dwellings
Business uses in conjunction with permitted dwellings
Boat houses
Commercial Uses
Craft shops
Antique shops
Local convenience stores
Service and personal service shops
Medical clinics
Grocery store
Variety store
Short-term Bedroom Rentals accessory to a residential use with up to 6 bedrooms
(RC-Feb 21/23;E-Sep 1/23)
Resource Uses
Agriculture uses
Forestry uses (but for purposes of this Section shall not include permanent sawmills or
industrial mills)
Fishery support uses
Community Uses
Institutional uses
Shared housing use with 10 or fewer bedrooms (RC-Aug 9/22;E-Sep 15/22)
Open space uses
11.2 MRR-1 ZONE REQUIREMENTS
EXCEPT AS OTHERWISE PROVIDED FOR IN THIS PART, where uses are permitted
as Residential, Commercial and Resource uses in any MRR-1 Zone, no development
permit shall be issued except in conformity with the following.
Minimum Lot Area
20,000 square feet (1858 m2)
Minimum Frontage
100 feet (30.5 m)
Minimum Front or Flankage Yard
20 feet (6.1 m)
Minimum Rear or Side Yard
8 feet (2.4 m)
Planning Districts 1 and 3 Land Use By-law
Page 63
Maximum Lot Coverage
35 per cent
Maximum Height of Main Building
35 feet (10.7 m)
11.3 OTHER REQUIREMENTS: BUSINESS USES
Where business uses in conjunction with a dwelling are permitted in any MRR-l Zone the
following shall apply:
(a)
Any business shall be wholly contained within the dwelling or an accessory
building to the dwelling.
(b)
No more than fifteen hundred (1,500) square feet (131.4 m) of the combined gross
floor area of any dwelling or accessory buildings shall be devoted to any business
use.
(c)
No materials or equipment which are obnoxious or create a nuisance by virtue of
noise, vibration, glare, odour or dust shall be used on the lot.
(d)
No more than one (1) sign shall be permitted for any business and no such sign
shall exceed four (4) square feet (.37 m2) in area and shall not exceed four (4) feet
(1.2 m) in any one dimension.
(e)
Off-street parking space, in addition to those required for the dwelling, shall be
provided for according to the provisions of Section 4.27. No portion of any
parking space shall be located within any required side or rear yard except where a
fence or other visual and physical barrier is erected.
11.4 OTHER REQUIREMENTS: DAY CARE FACILITIES
Where day care facilities in conjunction with a dwelling are permitted in any MRR-l Zone,
the following shall apply:
(a)
With the exception of outdoor play space, any day care facility shall be wholly
contained within the dwelling which is the principal residence of the operator of the
facility.
(b)
No open storage or outdoor display shall be permitted.
(c)
No more than one (1) sign shall be permitted for any day care facility and no such
sign shall exceed four (4) square feet (.37 m2) in area, and shall not exceed four (4)
feet (1.2 m) in any one dimension.
(d)
One off-street parking space, other than that required for the dwelling, shall be
provided for every one hundred and fifty (150) square feet (14 m2) of gross floor
area devoted to any facility.
11.5 OTHER REQUIREMENTS: COMMERCIAL USES
Where uses are permitted as Commercial Uses in any MRR-1 Zone, the following shall
apply:
(a)
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 commercial use, including any area
devoted to a business use.
(b)
No portion of any lot shall be used for the collection and storage of refuse unless
the refuse containers are screened.
Planning Districts 1 and 3 Land Use By-law
Page 64
(c)
Except where any commercial use in any MRR-1 Zone abuts another commercial
use, no portion of any parking space shall be permitted within any required side or
rear yard except where a fence or other visual barrier is erected.
11.6 OTHER REQUIREMENTS: MEDICAL CLINICS
Notwithstanding the provisions of Sections 11.2 and 11.5, where medical clinics are
permitted in any MRR-1 Zone, the following shall apply:
(a)
No medical clinic shall be located less than thirty (30) feet (9.1 m) from any lot line
nor less than fifty (50) feet (15.2 m) from any dwelling.
(b)
No medical clinic shall be greater than three thousand (3,000) square feet (278.7
m2) in gross floor area.
(c)
Except where any medical clinic abuts another commercial use, no portion of any
parking space shall be located within any required side or rear yard except where a
fence or other visual and physical barrier is erected.
11.7 OTHER REQUIREMENTS: AGRICULTURE USES
(a)
Notwithstanding the provisions of Section 11.2, where agricultural uses are
permitted in any MRR-1 Zone, 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 to be erected, no structure shall:
(i)
Be less than fifty (50) feet (15.2 m) from any side lot line;
(ii)
Be less than three hundred (300) feet (91.4 m) from any residential dwelling
or potable water supply except a dwelling or water supply on the same lot or
directly related to the agricultural use; and
(iii) Be less than three hundred (300) feet (91.4 m) from any watercourse or water
body.
(b)
No more than fifteen hundred (1,500) square feet (139.4 m2) of the combined gross
floor area of any structure on the lot shall be devoted to a commercial use, including
a retail use accessory to an agricultural use or a business use.
11.8 OTHER REQUIREMENTS: FORESTRY USES
Notwithstanding the provisions of Section 11.2, where forestry uses are permitted in any
MRR-1 Zone, the following shall apply:
(a)
The combined gross floor area of all structures devoted to the forestry use shall not
exceed 1,500 square feet (139.4 m2).
(b)
Any area devoted to open storage shall not be permitted within any required front
or side yard and shall not exceed twenty-five (25) percent of the lot area.
(c)
No more than fifteen hundred (1,500) square feet (139.4 m2) of the combined gross
floor area of any structure on the lot shall be devoted to a commercial use, including
a retail use accessory to a forestry use or a business use.
Planning Districts 1 and 3 Land Use By-law
Page 65
11.9
OTHER REQUIREMENTS: FISHERY SUPPORT USES
Notwithstanding the provisions of Section 11.2, where fishery support uses are permitted
in any MRR-1 Zone, the following shall apply:
(a)
The total gross floor area of all structures devoted to the fishery support use shall
not exceed 1,500 square feet (139.2 m2); and
(b)
No more than fifteen hundred (1,500) square feet (139.4 m2) of the combined gross
floor area of any structure on the lot shall be devoted to a commercial use, including
a retail use accessory to a fishery use or a business use.
11.10 OTHER REQUIREMENTS: INSTITUTIONAL USES
Where uses are permitted as Institutional Uses in any MRR-1 Zone, no development permit
shall be issued except in conformity with the following:
Minimum Lot Area
20,000 square feet (1858 m2)
Minimum Frontage
100 feet (30.5 m)
Minimum Front or Flankage Yard
30 feet (9.1 m)
Minimum Rear or Side Yard
The greater of ½ height of the
main building or 15 feet (4.6 m)
Maximum Lot Coverage
50 per cent
11.11 MRR-1 ZONE REQUIREMENTS: OPEN SPACE USES
In any MRR-1 Zone where uses are permitted as Open Space Uses, no development permit
shall be issued except in conformity with the following:
Minimum Front or Flankage Yard
30 feet (9.1 m)
Minimum Rear or Side Yard
30 feet (9.1 m)
11.12 EXEMPTION: OPEN SPACE USES
Notwithstanding the provisions of Section 4.1(a) where uses are permitted as Open Space
Uses, and where such uses involve no buildings or structures, no development permit shall
be required.
Planning Districts 1 and 3 Land Use By-law
Page 66
PART 11A:
VR (VILLAGE RESIDENTIAL) ZONE (RC-Jul
22/14;E-Oct 4/14)
11A.1 VR USES PERMITTED
No development permit shall be issued in any VR (Village Residential) Zone except
for the following:
Residential Uses
Single unit dwelling
Auxiliary dwelling unit
Semi-detached dwelling on a lot with an area of at least 4046 sq. m (1 acre)
Townhouse dwelling or townhouse-style dwelling with a maximum of four (4) units
Shared housing use with 10 or fewer bedrooms in conjunction with a permitted
dwelling unit (RC-Aug 9/22;E-Sep 15/22)
Day care facilities for not more than fourteen (14) children in conjunction with a
permitted dwelling
Business uses in conjunction with a permitted dwelling
Commercial Uses
Existing commercial uses
Agricultural Uses
Stables or pastures for the keeping of horses, ponies, donkeys or mules
Resource Uses
Fishery support uses
Forestry uses, excluding commercial mills, commercial chippers or commercial
incinerators
Community Uses
Open space uses
Institutional uses excluding fire stations, police stations, public works depots and
hospitals
11A.2 VR ZONE REQUIREMENTS
In any VR Zone, no development permit shall be issued except in conformity with the
following:
Minimum Lot Area
3716 sq. m (40,000 sq. ft.) except:
(a)
4046 sq. m (1 acre) for a semi-
detached dwelling;
(b)
2023 sq. m (21,780 sq. ft.) for each
unit of a subdivided semi-detached
dwelling;
(c)
4459 sq. m (48,000 sq. ft.) for a 3-
unit townhouse-style dwelling;
(d)
5945 sq. m (64,000 sq. ft.) for a 4-
Planning Districts 1 and 3 Land Use By-law
Page 67
unit townhouse-style dwelling;
(e)
1486 sq. m (16,000 sq. ft.) for each
unit of a townhouse dwelling;
(f)
5945 sq. m (64,000 sq. ft.) for an
institutional use; and
(g)
9290 sq. m (100,000 sq. ft.) for
stables.
Minimum Frontage
30.5 m (100 feet) except:
15 m (50 ft) for each lot of a subdivided
semi-detached dwelling; and
7.6 m (25 feet) for each lot of a townhouse
dwelling.
Minimum Front or Flankage Yard
6 m (20 ft.)
Minimum Rear or Side Yard
2.4 m (8 ft.) except common walls of semi-
detached
dwellings
or
townhouse
dwellings
Maximum Lot Coverage
35 percent
Maximum Height of Main Building
10.7 m (35 ft.)
Maximum Building Footprint
297.3 sq. m (3200 sq. ft.) for each non-
residential building
Minimum Landscaped Area
50 percent of the lot
11A.3 OTHER REQUIREMENTS: AUXILIARY DWELLING UNITS
Where auxiliary dwelling units are permitted in any VR Zone the following shall
apply:
(a)
No more than thirty-five (35) per cent of gross floor area of any dwelling shall
be devoted to the auxiliary dwelling unit.
(b)
A minimum of one off-street parking space shall be provided for each dwelling
unit.
11A.4 OTHER REQUIREMENTS: TOWNHOUSE AND TOWNHOUSE-STYLE
MULTIPLE UNIT DWELLINGS
Where townhouse or townhouse-style multiple unit dwellings are permitted in any
VR Zone, garage doors shall occupy no more than 50 percent of the street facade
length of each dwelling unit.
11A.5 OTHER REQUIREMENTS: DAY CARE USES
Where day care facilities are permitted in any VR Zone, the following shall apply:
(a)
With the exception of outdoor play space, any day care facility shall be wholly
contained within the dwelling which is the principal residence of the operator
of the facility.
(b)
No open storage or outdoor display shall be permitted.
(c)
No more than one (1) one sign shall be permitted for any day care facility and
no such sign shall exceed 0.38 sq. m (4 sq. ft.) in area, and no such sign shall
Planning Districts 1 and 3 Land Use By-law
Page 68
exceed 1.2 m (4 ft.) in any one dimension.
11A.6 OTHER REQUIREMENTS: BUSINESS USE IN CONJUNCTION WITH A
PERMITTED DWELLING
Where business uses in conjunction with a dwelling are permitted in any VR Zone,
the following shall apply:
(a)
No more than 28 sq. m (300 sq. ft.) of gross floor area of any dwelling unit shall
be devoted to any business use.
(b)
No mechanical equipment shall be used except that which is reasonably
consistent with the use of a dwelling, and which does not create a nuisance by
virtue of noise, vibration, glare, odour, smoke or dust.
(c)
No open storage or outdoor display shall be permitted.
(d)
No window display shall be permitted.
(e)
No more than one (1) sign shall be permitted for any business, and no such sign
shall exceed 0.38 sq. m (4 sq. ft.) in area and shall not exceed 1.2 m (4 ft.) in
any one dimension.
11A.7 OTHER REQUIREMENTS: BED AND BREAKFASTS (Deleted: RC-Feb 21/23;E-
Sep 1/23)
11A.8 OTHER REQUIREMENTS: AGRICULTURAL USES
Notwithstanding the provisions of Section 11A.2, where the keeping of horses, ponies,
donkeys or mules is permitted in any VR Zone, the following shall apply:
(a)
A minimum lot size of 9290 sq. m (100,000 sq. ft.) shall be required.
(b)
No more than 69.7 sq. m (750 sq. ft.) gross floor area of any building shall be
used for the keeping of the animals, and no such building shall:
(i)
subject to clause (c), be located less than 6 m (20 ft.) from any rear or
side lot line;
(ii)
be located less than 30.5 m (100 ft.) from any dwelling or potable water
supply except a dwelling or potable water supply located on the same
lot; or
(iii)
be located less than 91.4 m (300 ft) from any watercourse or waterbody.
(c)
Where a horse, pony, donkey or mule is to be sheltered in an existing accessory
structure, then the minimum rear or side yard required under subclause (b)(i)
may be reduced to 2.4 m (8 ft.).
(d)
No more than a total of four of any combination of horses, ponies, donkeys or
mules shall be permitted on a lot.
11A.9 OTHER REQUIREMENTS: FORESTRY USES
Notwithstanding the provisions of Section 11A.2, where forestry uses are permitted
in any VR Zone, the following shall apply:
(a)
The combined gross floor area of all structures devoted to the forestry use shall
not exceed 139.4 sq. m (1,500 sq. ft.).
Planning Districts 1 and 3 Land Use By-law
Page 69
(b)
Any area devoted to open storage shall not be permitted within any required
front or side yard, and shall not exceed twenty-five (25) percent of the lot area.
(c)
No more than fifteen hundred 139.4 sq. m (1,500 sq. ft.) of the combined gross
floor area of any structure on the lot shall be devoted to a commercial use,
including a retail use accessory to a forestry use or a business use.
11A.10 OTHER REQUIREMENTS: FISHERY SUPPORT USES
Notwithstanding the provisions of Section 9A.2, where fishery support uses are
permitted in any VR Zone, the following shall apply:
(a)
The total gross floor area of all structures devoted to the fishery support use
shall not exceed 139.4 sq. m (1,500 sq. ft.); and
(b)
No more than 139.4 sq. m (1,500 sq. ft. of the combined gross floor area of
any structure on the lot shall be devoted to a commercial use, including a
retail use accessory to a fishery use or a business use.
(c)
Where a fishery support use abuts a residentially zoned or used lot, the rear
or side yard abutting the property shall contain a fence or vegetative
screening.
11A.11 Notwithstanding Sections 5A.4 and 11A.2, on the lot identified as Civic Number 18
Scholars Road shown as Schedule R, the Maximum Height of the Main Building, the
Maximum Building Footprint, and the Architectural Requirements shall not apply
to a place of worship, provided that:
(a)
the building footprint shall not exceed 1255 square metres (13,500 square
feet);
(b)
the building height shall not exceed 12.6 metres (41.3 feet);
(c)
no parking shall be located between Scholars Road and the nearest façade of
the building, and no parking shall be located between Hammonds Plains
Road and the nearest façade of the building;
(d)
a landscape strip at least 4.5 m (15 ft.) wide shall be provided along all
property lines, exclusive of driveways and walkways. The required
landscape strip shall incorporate a minimum of one (1) tree (minimum of 60
mm calibre (2.4 in.)) and three (3) shrubs per linear 7.6 m (25 ft.). The
incorporation of trees and shrubs into the required landscape strip may be
provided in the form of groupings, provided a minimum ratio of one (1) tree
and three (3) shrubs are provided per 7.6 m (25 ft.) of street frontage, and
existing trees may be substituted where trees and shrubs are required; and
(e)
a stormwater management plan has been prepared to the satisfaction of the
Municipal Engineer, with particular attention given to safeguarding the
water quality of Hubley Mill Lake.
(RC-Jun 23/15;E-Jul 14/15)
Planning Districts 1 and 3 Land Use By-law
Page 70
PART 11B:
VG (VILLAGE GATEWAY) ZONE (RC-Jul 22/14;E-
Oct 4/14)
11B.1 VG USES PERMITTED
No development permit shall be issued in any VG (Village Gateway) Zone except for
the following:
Residential Uses
Single unit dwellings
Semi-detached dwellings
Auxiliary dwelling units
Two unit dwellings
Multiple unit dwellings with a maximum of twelve (12) units
Townhouse dwellings with a maximum of twelve (12) units
A maximum of twelve (12) dwelling units in a commercial or institutional building
Shared housing use with 20 or fewer bedrooms (RC-Aug 9/22;E-Sep 15/22)
Commercial Uses
Banks and financial institutions, excluding drive-throughs
Commercial entertainment uses, excluding adult entertainment and drive-in theatres
Commercial recreation uses
Craft shops
Farmers markets
Medical clinics
Offices
Personal service shops, except that dry cleaning fluids shall not be permitted on the
site
Restaurants, except drive-in
Retail stores, excluding drive-throughs, motor vehicle dealerships, adult bookstores
and sex-aid shops
Service shops
Service stations existing on the date of adoption of this Section
Tourist accommodations
Traditional uses
Veterinary clinics
Greenhouses located no less than 45.7 m (150 feet) from any well situated on another
lot, and from any watercourse
Short-term rentals (RC-Feb 21/23;E-Sep 1/23)
Short-term bedroom rentals (RC-Feb 21/23;E-Sep 1/23)
Community Uses
Day care facilities
Institutional uses
Public transit terminals
Open Space
Planning Districts 1 and 3 Land Use By-law
Page 71
11B.2 OTHER PERMITTED USES
The following properties may also have the following uses:
(a)
On the lands identified on Schedule M:
(i)
The drive-in restaurant shall also be a permitted use, provided that:
a)
the number of drive-through windows has not increased since
the date of adoption of this Section; and
b)
no drive-through window shall face any street.
(ii)
A self-storage use may be permitted by development agreement only.
(b)
On the lands identified on Schedule P:
(i)
Subject to the conditions set forth in clause (ii), permitted uses shall also
include:
a)
Storage of materials used for on-site fabrication, maintenance
and repair of boats, utility or recreational trailers, docks, decks,
rafts, slipways and ramps;
b)
Fabrication, maintenance, repair, sales and service of boats,
utility or recreational trailers, docks, decks, rafts, slipways and
ramps;
c)
Storage of boats provided that masts are removed; and
d)
Storage of utility or recreational trailers.
(ii)
The uses set forth in clause (i) shall be allowed only where all
components, equipment, vehicles and vessels undergoing fabrication,
under repair, awaiting servicing or being stored, are screened from
neighbouring properties and from the public roadway by:
a)
a buffer at least 6 metres (20 feet) wide with evergreen
vegetation; or
b)
a 1.8 m (6 ft) high closed-board fence; or
c)
a 1.8 m (6 ft) high evergreen hedge.
11B.3 VG ZONE REQUIREMENTS
In any VG Zone, no development permit shall be issued except in conformity with the
following:
Minimum Lot Area
3716 sq. m (40,000 sq. ft.) except:
(a)
4046 sq. m (1 acre) for a semi-
detached dwelling;
(b)
2023 sq. m (21,780 sq. ft.) for each
unit of a subdivided semi-detached
dwelling;
(c)
4459 sq. m (48,000 sq. ft.) for a
multiple unit dwelling with three
(3) units;
(d)
for each dwelling unit of a multiple
unit dwelling exceeding three units,
other than a townhouse dwelling,
the minimum lot area shall be
increased by 1486 sq. m (16,000 sq.
ft.);
Planning Districts 1 and 3 Land Use By-law
Page 72
(e)
for a townhouse dwelling, the
minimum lot area for each unit
shall be 1486 sq. m (16,000 sq. ft.);
and
(f)
5945 sq. m (64,000 sq. ft.) for an
institutional use.
Minimum Frontage
30.5 m (100 ft.) except that for a
subdivided semi-detached dwelling or a
townhouse
dwelling,
the
minimum
frontage shall be 7.6 m (25 ft.);
Minimum Front or Flankage Yard
5 m (16.5 ft.)
Maximum Front or Flankage Yard
the greater of 10 m (33 ft.), or the width of
any utility easement existing in the front or
flankage yard on the date of adoption of
this section
Minimum Rear or Side Yard
4.5 m (15 ft.) except common walls of semi-
detached
dwellings
or
townhouse
dwellings
Maximum Lot Coverage
40%
Maximum Height of Building
10.7 m (35 ft.), or 15 m (49 ft.) only where
a gable roof with a pitch of at least 8:12
encloses a loft as the uppermost Storey of
a 2 1/2-Storey building.
Maximum Height of Multiple Unit
Dwelling with more than 4 units
3 storeys (RC-Dec 11/25;E-Feb 2/26)
Maximum Building Footprint
558 sq. m (6000 sq. ft.)
Minimum Landscaped Area
40% of the lot
11B.4 OTHER REQUIREMENTS: MULTIPLE DWELLING UNITS
(a)
Where a building contains commercial or community uses, such uses shall
include windows and pedestrian entries facing the street at the ground floor
level;
(b)
In the case of townhouse dwellings or townhouse-style dwellings, garage doors
shall occupy no more than 50 percent of the street facade length of each
dwelling unit.
(c)
In the case of multiple unit dwellings, a minimum of 12 sq. m (130 sq. ft.) of
landscaped amenity area shall be provided for each dwelling unit.
11B.5 OTHER REQUIREMENTS: OPEN STORAGE AND OUTDOOR DISPLAY
Within the VG (Village Gateway) Zone:
(a)
No outdoor storage shall be permitted in the front or side yard;
(b)
Outdoor storage located in the rear yard shall be screened and/or fenced;
(c)
Outdoor display of goods and wares shall be permitted, provided the outdoor
display is associated with commercial uses permitted in the C-1A Zone, retail
uses, retail stores, bakeries, institutional uses or, on the lands identified on
Schedule P, boats or trailers; and
Planning Districts 1 and 3 Land Use By-law
Page 73
(d)
No outdoor display shall be permitted in any required landscaped area, or any
area required for pedestrian movement.
11B.7 OTHER REQUIREMENTS: GREENHOUSES
Notwithstanding the provisions of Section 15A.2, where greenhouses are permitted in
any VG Zone, the following shall apply:
(a)
The greenhouse shall be located no less than 45.7 m (150 feet) from any well
situated on another lot, and from any watercourse;
(b)
The greenhouse shall not have a flat roof; and
(c)
The external finish shall not have the appearance of unpainted metal, exposed
tarpaper or plastic membrane.
Planning Districts 1 and 3 Land Use By-law
Page 74
PART 11C:
VC (VILLAGE CENTRE) ZONE (RC-Jul 22/14;E-Oct
4/14)
11C.1 VC USES PERMITTED
No development permit shall be issued in any VC (Village Centre) Zone except for
the following:
Residential Uses
A maximum of twelve (12) dwelling units in a commercial or institutional building
Multiple unit dwellings with a maximum of twelve (12) units
Shared housing use with 20 or fewer bedrooms (RC-Aug 9/22;E-Sep 15/22)
Commercial Uses
Commercial uses permitted in the C-1A Zone, except that drive-throughs and dry
cleaning fluids shall not be permitted
Bakeries
Banks and Financial Institutions excluding drive-throughs
Commercial Entertainment Uses, excluding adult entertainment uses
Craft Shops
Full Service Restaurants excluding drive-in
Greenhouses
Medical Clinics
Offices
Personal Service Shops
Retail Stores excluding drive-throughs and automobile sales lots
Service stations existing on the date of adoption of this Section
Take-Out Restaurants excluding drive-in
Theatres and Cinemas, excluding drive in theatres and adult theatres
Tourist Accommodations Traditional Uses
Veterinary Clinics and the associated boarding of animals
Short-term rentals (RC-Feb 21/23;E-Sep 1/23)
Short-term bedroom rentals (RC-Feb 21/23;E-Sep 1/23)
Light Industrial Uses
Maple product processing
Community Uses
Institutional Uses, excluding cemeteries
Public Transit Terminals
Public Parks
Service club or recreational club house not exceeding 418.1 m² (4,500 ft²) of gross floor
area
Uses Accessory to Permitted Uses
11C.2 VC ZONE REQUIREMENTS
In any VC (Village Centre) Zone no development permit shall be issued except in
conformity with the following requirements:
Planning Districts 1 and 3 Land Use By-law
Page 75
Minimum Lot Area
3716 sq. m (40,000 sq. ft.) except:
(a)
4459 sq. m (48,000 sq. ft.) for a
multiple unit dwelling with three
(3) units other than a townhouse
dwelling;
(b)
for each dwelling unit exceeding
three units in a multiple unit
dwelling other than a townhouse
dwelling, the minimum lot area
shall be increased by 1486 sq. m
(16,000 sq. ft.);
(c)
for a townhouse dwelling, the
minimum lot area for each unit
shall be 1486 sq. m (16,000 sq. ft.);
and
(d)
5945 sq. m (64,000 sq. ft.) for an
institutional use.
Minimum Frontage
30.5 m (100 ft.), except that for a
townhouse
dwelling
the
minimum
frontage for each unit shall be 7.6 m (25
ft.);
Minimum Front/Flankage Yard Setback 5 m (16.5 ft.)
Maximum Front/Flankage Yard Setback the greater of 10 m (33 ft.), or the width of
any utility easement existing in the front or
flankage yard on the date of adoption of
this section;
Minimum Rear and Side Yard Setback 4.6 m (15 ft.) except common walls of
townhouse dwellings
Maximum Height of a Building
10.7 m (35 ft.), or 15 m (49 ft.) only where
a gable roof with a pitch of at least 8:12
encloses a loft as the uppermost Storey of
a 2 1/2-Storey building.
Maximum Height of Multiple Unit
Dwelling with more than 4 units
3 storeys (RC-Dec 11/25;E-Feb 2/26)
Maximum Lot Coverage
40 %
Maximum Building Footprint
558 sq. m (6000 sq. ft.)
Minimum Landscaped Area
40% of the lot
11C.3 OTHER REQUIREMENTS: STREET FACADE AND AMENITY AREA
Where dwelling units are permitted in any VC (Village Centre) Zone, the following
shall apply:
(a)
Where a building contains commercial or community uses, such uses shall
include windows and pedestrian entries facing the street at the ground floor
level;
(b)
In the case of townhouse dwellings or townhouse-style dwellings, garage doors
shall occupy no more than 50 percent of the street facade length of each
Planning Districts 1 and 3 Land Use By-law
Page 76
dwelling unit.
(c)
In the case of multiple unit dwellings, a minimum of 12 sq. m (130 sq. ft.) of
landscaped amenity area shall be provided for each dwelling unit.
11C.4 OTHER REQUIREMENTS: OPEN STORAGE AND OUTDOOR DISPLAY
Within the VC (Village Centre) Zone:
(a)
No outdoor storage shall be permitted in the front or side yard;
(b)
Outdoor storage located in the rear yard shall be screened and/or fenced;
(c)
Outdoor display of goods and wares shall be permitted, provided the outdoor
display is associated with commercial uses permitted in the C-1A Zone, retail
uses, retail stores, bakeries, traditional uses or institutional uses; and
(d)
No outdoor display shall be permitted in any required landscaped area, or any
area required for pedestrian movement.
11C.5 OTHER REQUIREMENTS: GREENHOUSES
Notwithstanding the provisions of Section 15B.2, where greenhouses are permitted in
any VC Zone, the following shall apply:
(a)
The greenhouse shall be located no less than 45.7 m (150 feet) from any well
situated on another lot, and from any watercourse;
(b)
The greenhouse shall not have a flat roof; and
(c)
The external finish shall not have the appearance of unpainted metal,
exposed tarpaper or plastic membrane.
Planning Districts 1 and 3 Land Use By-law
Page 77
PART 12: MU-1 (MIXED USE 1) ZONE
12.1
MU-1 USES PERMITTED
A development permit may be issued for all uses in any MU-1 (Mixed Use) Zone, except
for the following:
Residential Uses Not Permitted
Mobile home parks
Multi-unit dwellings
Shared housing use with greater than 20 bedrooms (RC-Aug 9/22;E-Sep 15/22)
Commercial Uses Not Permitted
Commercial entertainment uses
Campgrounds
Marinas
All commercial development or expansions with a combined gross floor area greater
than 697 square metres (7500 square feet). (RC -Feb 24/09;E-Apr 25/09)
Resource Uses Not Permitted
Agricultural uses, Intensive
Extractive facilities
Sawmills and industrial mills related to forestry over 3,000 square feet
Industrial Uses Not Permitted
Industrial uses but excepting traditional uses and service industries and cannabis
production facilities (RC-Sep 18/18;E-Nov 3/18)
Salvage yards
All industrial development or expansions with a combined gross floor area greater
than 697 square metres (7500 square feet). (RC-Feb 24/09;E-Apr 25/09)
Construction and Demolition Materials Operations Not Permitted
C&D Materials Transfer Stations
C&D Materials Processing Facilities
C&D Materials Disposal Sites (RC-Sep 10/02;E-Nov 9/02)
12.2 MU-1 ZONE REQUIREMENTS
EXCEPT AS OTHERWISE PROVIDED FOR IN THIS PART, no development permit
shall be issued in any MU-1 Zone except in conformity with the following:
Minimum Lot Area
20,000 square feet (1858 m2)
Minimum Frontage
100 feet (30.5 m)
Minimum Front or Flankage Yard
20 feet (6.1 m)
Minimum Rear or Side Yard
8 feet (2.4 m)
Maximum Lot Coverage
35 per cent
Planning Districts 1 and 3 Land Use By-law
Page 78
Maximum Height of Main Building
35 feet (10.7 m)
12.3 OTHER REQUIREMENTS: COMMERCIAL USES INCLUDING COMMERCIAL
USES ASSOCIATED WITH A RESIDENTIAL USE.
Where uses are permitted as Commercial Uses in any MU-1 Zone, the following shall
apply:
(a)
No portion of any lot shall be used for the collection and storage of refuse unless
the refuse containers are screened.
(b)
No portion of any parking space within the MU-1 Zone shall be permitted within
any required side or rear yard, except where a fence or other visual and physical
barrier is erected.
12.4 OTHER REQUIREMENTS: OPEN STORAGE AND OUTDOOR DISPLAY
Notwithstanding the provisions of 12.2, where any portion of any lot in any MU-l Zone is
to be used for open storage or outdoor display, the following shall apply:
(a)
Any area devoted to open storage shall not exceed fifty (50) per cent of the lot area.
(b)
No open storage shall be permitted within any required front yard.
(c)
No outdoor storage or outdoor display shall be permitted within any yard in an MU-
1 Zone where such yard abuts any residential or institutional use, except where a
fence or other visual and physical barrier is provided within the abutting yard.
12.5 OTHER REQUIREMENTS: SERVICE STATIONS
Notwithstanding the provisions of Section 12.2, where any service station is erected in any
MU-1 Zone the following shall apply:
(a)
Minimum Lot Area 30,000 square feet (2,787 m2)
(b)
Minimum Frontage
150 feet (45.7 m)
(c)
No portion of any pump island shall be located closer than ten (10) feet (3 m) from
any street line.
(d)
No portion of any canopy shall be located closer than five (5) feet (1.5 m) from any
street line.
(e)
The minimum distance between ramps or driveways shall not be less than thirty
(30) feet (9.1 m).
(f)
The minimum distance from a ramp or driveway to a road intersection shall be fifty
(50) feet (15 m).
(g)
The minimum angle of intersection of a ramp to a road line shall be forty-five (45)
degrees.
(h)
The width of a ramp shall be a minimum of twenty (20) feet (6.1 m) and a maximum
of twenty-six (26) feet (7.9 m).
Planning Districts 1 and 3 Land Use By-law
Page 79
12.6 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)
Be less than twenty five (25) feet (7.6 m) from any side lot line;
(b)
Be less than three hundred (300) feet (91.5 m) from potable water supply except a
supply on the same lot or directly related to the agricultural use;
(c)
Be less than one hundred (100) feet (30.5 m) from any dwelling except a dwelling
on the same lot or directly related to the agricultural use; or
(d)
Be less than three hundred (300) feet (91.5 m) from any watercourse or water body.
12.7
OTHER REQUIREMENTS: FORESTRY USES
In any MU-1 Zone where forestry uses are permitted, the following shall apply:
(a)
No more than three thousand (3,000) square feet (278.7 m2) of gross floor area of
all structures on any lot shall be used for a sawmill or other industrial mill related
to forestry.
(b)
No sawmill or other industrial mill related to forestry shall be located less than
twenty five (25) feet (7.6 m) from any lot line nor 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.
12.8 OTHER REQUIREMENTS: INSTITUTIONAL USES:
In any MU-1 Zone where uses are permitted as Institutional Uses, no development permit
shall be issued except in conformity with the following:
Minimum Lot Area
20,000 square feet (1858 m2)
Minimum Frontage
100 feet (30.5 m)
Minimum Front or Flankage Yard
30 feet (9.1 m)
Minimum Rear or Side Yard
The greater of ½ height of the
main building or 15 feet (4.6 m)
Maximum Lot Coverage
50 per cent
12.9 OTHER
REQUIREMENTS:
SERVICE
INDUSTRIES,
TRANSPORTATION
FACILITIES AND MAINTENANCE AND CONSTRUCTION YARDS
Notwithstanding the provisions of Section 12.2 where uses are permitted as service
industries, transportation facilities and maintenance and construction yards in any MU-1
Zone, the following shall apply:
Minimum Front Yard
30 feet (9.1 m)
Minimum Rear or Side Yard
25 feet (7.6 m) except where any such
use abuts another such use or a
commercial use in which case the
Planning Districts 1 and 3 Land Use By-law
Page 80
abutting side or rear yard requirement
shall be fifteen (15) feet (4.6 m).
Minimum Separation Distance
Between Accessory Buildings
15 feet (4.6 m)
12.10 OTHER REQUIREMENTS: OPEN SPACE USES
In any MU-1 Zone where uses are permitted as Open Space Uses, no development permit
shall be issued except in conformity with the following:
Minimum Front or Flankage Yard
30 feet (9.1 m)
Minimum Rear or Side Yard
30 feet (9.1 m)
12.11 EXEMPTION OPEN SPACE USES
Notwithstanding the provision of Section 4.1(a) where uses are permitted as Open Space
Uses, and where such uses involve no buildings or structures, no development permit shall
be required.
12.12 MARINA
Notwithstanding Section 12.1, a marina shall be permitted within the MU-1 Zone on
properties in Hacketts Cove identified by LIMS Property Numbers 513150, 513143,
513135, 513127, 513085, 513119, and 40034688.
12.13 REDUCED AREA AND FRONTAGE REQUIREMENT
The lot area and frontage requirements of this Section 12.2 shall not apply to those parcels
of land located off the Station Road in Hubbards identified as LIMS Numbers 4023830,
40024671, 40024788, 40235756, 40024689, 40024838, 40024911, 40235749, 40235731,
and 40024663, but for the purposes of this Section, the minimum lot dimensions shall be
as determined by the Department of Health, and there shall be no frontage required.
12.14 OTHER REQUIREMENTS: RECYCLING DEPOTS
In any MU-1 Zone, where recycling depots are permitted, no open storage related to the
operation of a recycling depot shall be permitted.
12.15 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 Districts 1 and 3 Land Use By-law
Page 81
PART 13: MU-2 (MIXED USE) ZONE
13.1
MU-2 USES PERMITTED
A development permit may be issued for all uses in any MU-2 (Mixed Use) Zone, except
for the following:
Residential Uses Not Permitted
Mobile home parks
Multi-unit dwellings
Shared housing use with greater than 20 bedrooms (RC-Aug 9/22;E-Sep 15/22)
Commercial Uses Not Permitted
Commercial entertainment uses
Campgrounds
Marinas
All commercial development or expansions with a combined gross floor area greater
than 697 square metres (7500 square feet). (RC-Feb 24/09;E-Apr 25/09)
Resource Uses Not Permitted
Agricultural uses, intensive
Extractive facilities
Sawmills and industrial mills related to the forestry over 3,000 square feet
Fish processing plants
Industrial Uses Not Permitted
Industrial uses but excepting traditional uses and service industries and cannabis
production facilities (RC-Sep 18/18;E-Nov 3/18)
Salvage yards
All industrial development or expansions with a combined gross floor area greater
than 697 square metres (7500 square feet). (RC-Feb 24/09;E-Apr 25/09)
Construction and Demolition Materials Operations Not Permitted
C&D Materials Transfer Stations
C&D Materials Processing Facilities
C&D Materials Disposal Sites
13.2 MU-2 ZONE REQUIREMENTS
EXCEPT AS OTHERWISE PROVIDED FOR IN THIS PART, no development permit
shall be issued in any MU-2 Zone except in conformity with the following:
Minimum Lot Area
20,000 square feet (1858 m2)
Minimum Frontage
100 feet (30.5 m)
Minimum Front or Flankage Yard
20 feet (6.1 m)
Minimum Rear or Side Yard
8 feet (2.4 m)
Maximum Lot Coverage
35 per cent
Maximum Height of Main Building
35 feet (10.7 m)
Planning Districts 1 and 3 Land Use By-law
Page 82
13.3 OTHER REQUIREMENTS: COMMERCIAL USES INCLUDING COMMERCIAL
USES ASSOCIATED WITH A RESIDENTIAL USE.
Where uses are permitted as Commercial Uses in any MU-2 Zone, the following shall
apply:
(a)
No portion of any lot shall be used for the collection and storage of refuse unless
the refuse containers are screened.
(b)
No portion of any parking space within the MU-2 Zone shall be permitted within
any required side or rear yard, except where a fence or other visual and physical
barrier is erected.
13.4 OTHER REQUIREMENTS: OPEN STORAGE AND OUTDOOR DISPLAY
Notwithstanding the provisions of 13.2, where any portion of any lot in any MU-2 Zone is
to be used for open storage or outdoor display, the following shall apply:
(a)
Any area devoted to open storage shall not exceed fifty (50) per cent of the lot area.
(b)
No open storage shall be permitted within any required front yard.
(c)
No outdoor storage or outdoor display shall be permitted within any yard in an MU-
2 Zone where such yard abuts any residential or institutional use, except where a
fence or other visual and physical barrier is provided within the abutting yard.
13.5 OTHER REQUIREMENTS: SERVICE STATIONS
Notwithstanding the provisions of Section 13.2, where any service station is erected in any
MU-2 Zone the following shall apply:
(a)
Minimum Lot Area
30,000 square feet (2787 m2)
(b)
Minimum Frontage
150 feet (45.7 m)
(c)
No portion of any pump island shall be located closer than ten (10) feet (3 m) from
any street line.
(d)
No portion of any canopy shall be located closer than five (5) feet (1.5 m) from any
street line.
(e)
The minimum distance between ramps or driveways shall not be less than thirty
(30) feet (9.1 m).
(f)
The minimum distance from a ramp or driveway to a road intersection shall be fifty
(50) feet (15 m).
(g)
The minimum angle of intersection of a ramp to a road line shall be forty-five (45)
degrees.
(h)
The width of a ramp shall be a minimum of twenty (20) feet (6.1 m) and a maximum
of twenty-six (26) feet (7.9 m).
13.6 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:
Planning Districts 1 and 3 Land Use By-law
Page 83
(a)
Be less than twenty five (25) feet (7.6 m) from any side lot line;
(b)
Be less than three hundred (300) feet (91.5 m) from a potable water supply except
a supply on the same lot or directly related to the agricultural use;
(c)
Be less than one hundred (100) feet (30.5 m) from any dwelling except a dwelling
on the same lot or directly related to the agricultural use; or
(d)
Be less than three hundred (300) feet (91.5 m) from any watercourse or water body.
13.7 OTHER REQUIREMENTS: FORESTRY USES
In any MU-2 Zone, where forestry uses are permitted, the following shall apply:
(a)
No more than three thousand (3,000) square feet (278.7 m2) of gross floor or of all
structures on any lot shall be used for a sawmill or other industrial mill related to
forestry.
(b)
No sawmill or other industrial mill related to forestry shall be located less than
twenty five (25) feet (7.6 m) from any lot line nor 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.
13.8 OTHER REQUIREMENTS: INSTITUTIONAL USES
In any MU-2 Zone where uses are permitted as Institutional Uses, no development permit
shall be issued except in conformity with the following:
Minimum Lot Area
20,000 square feet (1858 m2)
Minimum Frontage
100 feet (30.5 m)
Minimum Front or Flankage Yard
30 feet (9.1 m)
Minimum Rear or Side Yard
The greater of ½ height of
the main building or 15 feet
(4.6 m)
Maximum Lot Coverage
50 per cent
13.9 OTHER REQUIREMENTS: SERVICE INDUSTRIES, TRANSPORTATION
FACILITIES AND MAINTENANCE AND CONSTRUCTION YARDS
Notwithstanding the provisions of Section 13.2, where uses are permitted as service
industries, transportation facilities and maintenance and construction yards in any MU-2
Zone, the following standards shall apply:
Minimum Front Yard
30 feet (9.1 m)
Minimum Rear or Side Yard
25 feet (7.6 m) except where
any such use abuts another such
use or a commercial use in
which case the abutting side or
rear yard requirement shall be
fifteen (15) feet (4.6 m).
Minimum Separation Distance
Between Accessory Buildings
15 feet (4.6 m)
Planning Districts 1 and 3 Land Use By-law
Page 84
13.10 OTHER REQUIREMENTS: OPEN SPACE USES
In any MU-2 Zone where uses are permitted as Open Space Uses, no development permit
shall be issued except in conformity with the following:
Minimum Frontage or Flankage Yard
30 feet (9.1 m)
Minimum Rear or Side Yard
30 feet (9.1 m)
13.11 EXEMPTION: OPEN SPACE USES
Notwithstanding the provision of Section 4.1(a) where uses are permitted as Open Space
Uses, and where such uses involve no buildings or structures, no development permit shall
be required.
13.12 OTHER REQUIREMENTS: RECYCLING DEPOTS
In any MU-2 Zone, where recycling depots are permitted, no open storage related to the
operation of a recycling depot shall be permitted.
13.13 OTHER REQUIREMENTS: GROCERY STORES
In any MU-2 zone, the roof of a grocery store, which has a main floor area of 60,000 square
feet or greater, may exceed the permitted height provided that:
a)
such projection(s) above the permitted height occupies an area of not more than 10
percent, in total, of the area of the main floor area of the building.
b)
such projections shall be a maximum of 50 feet in height
c)
no additional habitable space is created.
13.14 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 Districts 1 and 3 Land Use By-law
Page 85
PART 14: C-1 (LOCAL BUSINESS) ZONE
14.1 C-1 USES PERMITTED
No development permit shall be issued in any C-1 (Local Business) Zone except for the
following:
Residential Uses
Single unit dwellings
Two unit dwellings
Shared housing use with 10 or fewer bedrooms in conjunction with a permitted
dwelling unit (RC-Aug 9/22;E-Sep 15/22)
Day care facilities for not more than fourteen (14) children and in conjunction with
permitted dwellings
Business uses in conjunction with permitted dwellings
Commercial Uses
Variety stores
Grocery store
Service and personal service shops
14.2 C-1 ZONE REQUIREMENTS
In any C-1 Zone, no development permit shall be issued except in conformity with the
following:
Minimum Lot Area
20,000 square feet (1858 m2)
Minimum Frontage
100 feet (30.5 m)
Minimum Front or Flankage Yard
30 feet (9.1 m)
Minimum Rear or Side Yard
15 feet (4.6 m)
Maximum Lot Coverage
35 per cent
Maximum Height of Main Building
35 feet (10.7 m)
14.3 OTHER REQUIREMENTS: COMMERCIAL USES
Where uses are permitted as Commercial Uses in any C-1 Zone, the following shall apply:
(a)
The gross floor area of any commercial building in any C-1 Zone, including any
floor area devoted to a permitted dwelling unit, shall not exceed fifteen hundred
(1,500) square feet (139.9 m2).
(b)
No portion of any lot shall be used for the collection and storage of refuse unless
the refuse containers are screened.
(c)
Except where any lot in any C-1 Zone abuts another lot in a C-1 Zone, no portion
of any parking space within the C-1 Zone shall be permitted within any required
side or rear yard, except where a fence or other visual and physical barrier is erected
in which case there shall be no parking within five (5) feet (1.5 m) of the side or
rear lot line.
(d)
No mechanical equipment shall be used which creates a nuisance by virtue of noise,
vibration, glare or odour or which is obnoxious.
Planning Districts 1 and 3 Land Use By-law
Page 86
(e)
No outdoor storage shall be permitted.
14.4 OTHER REQUIREMENTS: BUSINESS USES
Where business uses in conjunction with a dwelling are permitted in any C-1 Zone, the
following shall apply:
(a)
Any business shall be wholly contained in the dwelling, which shall be the principal
residence of the operator of the business.
(b)
No more than three hundred (300) square feet (28 m2) of floor area of any dwelling
shall be devoted to any business use.
(c)
No mechanical equipment shall be used except that which is reasonably consistent
with the use of a dwelling and which does not create a nuisance by virtue of noise,
vibration, glare, odour or dust or which is obnoxious.
(d)
No open storage or outdoor display shall be permitted.
(e)
No more than one (1) sign shall be permitted for any business and no such sign
shall exceed four (4) square feet (3.7 m2) in area and shall not exceed four (4) feet
(1.2 m) in any one dimension.
(f)
One off-street parking space, in addition to those required for the dwelling, shall be
provided for according to the provisions of Section 4.27.
14.5 OTHER REQUIREMENTS: DAY CARE FACILITIES
Where day care facilities in conjunction with a dwelling are permitted in any C-1 Zone in
conjunction with a dwelling, the following shall apply:
(a)
With the exception of outdoor play space, any day care facility shall be wholly
contained within the dwelling which is the principal residence of the operator of the
facility.
(b)
No open storage or outdoor display shall be permitted.
(c)
No more than one (1) sign shall be permitted for any day care facility and no such
sign shall exceed four (4) square feet (.37 m2) in area, and shall not exceed four (4)
feet (1.2 m) in any one dimension.
(d)
One off-street parking space, other than that required for the dwelling, shall be
provided for every one hundred and fifty (150) square feet (14 m2) of gross floor
area devoted to any facility.
Planning Districts 1 and 3 Land Use By-law
Page 87
PART 15: C-1A (COMMUNITY COMMERCIAL) ZONE
15.1 C-1A USES PERMITTED
No development permit shall be issued in any C-1A (Community Commercial) Zone
except for the following:
Commercial Uses
Variety stores
Grocery store
Service and personal service shops
Craft shops
Antique shops
Residential Uses
Single unit dwellings
Two unit dwellings
Shared housing use with 10 or fewer bedrooms in conjunction with a permitted
dwelling unit (RC-Aug 9/22;E-Sep 15/22)
Day care facilities for not more than fourteen (14) children and in conjunction with
permitted dwellings
Business uses in conjunction with permitted dwellings
15.2 C-1A ZONE REQUIREMENTS
In any C-1A Zone, no development permit shall be issued except in conformity with the
following:
Minimum Lot Area
20,000 square feet (1858 m2)
Minimum Frontage
100 feet (30.5 m)
Minimum Front or Flankage Yard
30 feet (9.1 m)
Minimum Rear or Side Yard
15 feet (4.6 m)
Maximum Lot Coverage
35 per cent
Maximum Height of Main Building
35 feet (10.7 m)
15.3 OTHER REQUIREMENTS: COMMERCIAL USES
Where uses are permitted as Commercial Uses in any C-1A Zone, the following shall
apply:
(a)
No more than three thousand (3,000) square feet (278 m2) of the combined gross
floor area of any structure on the lot shall be devoted to a commercial use, including
any that are devoted to a business use.
(b)
No portion of any lot shall be used for the collection and storage of refuse unless
the refuse containers are screened.
(c)
Except where any lot in any C-1A Zone abuts another lot in a C-1A Zone, no
portion of any parking space within the C-1A Zone shall be permitted within any
required side or rear yard, except where a fence or other visual and physical barrier
Planning Districts 1 and 3 Land Use By-law
Page 88
is erected in which case there shall be no parking within five (5) feet (1.5 m) of the
side or rear lot line.
15.4 OTHER REQUIREMENTS: BUSINESS USES
Where business uses in conjunction with a dwelling are permitted in any C-1A Zone the
following shall apply:
(a)
Any business shall be wholly contained within the dwelling or an accessory
building to the dwelling.
(b)
No more than fifteen hundred (1,500) square feet (131.4 m) of the combined gross
floor area of any dwelling or accessory buildings shall be devoted to any business
use.
(c)
No materials or equipment which are obnoxious or create a nuisance by virtue of
noise, vibration, glare, odour or dust shall be used on the lot.
(e)
No more than one (1) sign shall be permitted for any business and no such sign
shall exceed four (4) square feet (.37 m2) in area and shall not exceed four (4) feet
(1.2 m) in any one dimension.
(f)
One (1) off-street parking space, in addition to those required for the dwelling, shall
be provided for according to the provisions of Section 4.27. No portion of any
parking space shall be located within any required side or rear yard except where a
fence or other visual and physical barrier is erected.
15.5 OTHER REQUIREMENTS: DAY CARE FACILITIES
Where day care facilities in conjunction with a dwelling are permitted in any C-1A Zone,
the following shall apply:
(a)
With the exception of outdoor play space, any day care facility shall be wholly
contained within the dwelling which is the principal residence of the operator of the
facility.
(b)
No open storage or outdoor display shall be permitted.
(c)
No more than one (1) sign shall be permitted for any day care facility and no such
sign shall exceed four (4) square feet (.37 m2) in area, and shall not exceed four (4)
feet (1.2 m) in any one dimension.
(d)
One off-street parking space, other than that required for the dwelling, shall be
provided for every one hundred and fifty (150) square feet (14 m2) of gross floor
area devoted to any facility.
Planning Districts 1 and 3 Land Use By-law
Page 89
PART 16: C-3 (TOURIST INDUSTRY) ZONE
16.1 C-3 USES PERMITTED
No development permit shall be issued in any C-3 (Tourist Industry) Zone except for the
following:
All MRR-1 (Mixed Rural Residential) Uses
Tourist Industry Uses
Motels
Hotels
Restaurants, full-service, drive-in and takeout
Resort (RC-Feb 26/19;E-Apr 20/19)
Short-term rentals (RC-Feb 21/23;E-Sep 1/23)
Short-term bedroom rentals (RC-Feb 21/23;E-Sep 1/23)
16.2 C-3 ZONE REQUIREMENTS: TOURIST INDUSTRY USES
In any C-3 Zone, where uses are permitted as tourist industry uses, no development permit
shall be issued except in conformity with the following:
Minimum Lot Area
40,000 square feet (3716 m2)
Minimum Frontage
150 feet (45.7 m)
Minimum Front or Flankage Yard
30 feet (9.1 m)
Minimum Rear or Side Yard
30 feet (9.1 m)
Maximum Lot Coverage
35 per cent
Maximum Height of Main Building
35 feet (10.7 m)
16.3 OTHER REQUIREMENTS: TOURIST INDUSTRY USES
Where tourist industry uses are permitted in any C-3 Zone the following shall apply:
(a)
No structure shall be less than one hundred (100) feet (30.5 m) from any dwelling
except a dwelling on the same lot or directly related to the commercial use.
(b)
Except where any lot in a C-3 Zone abuts another lot in a commercial zone, no
portion of any parking space within the C-3 Zone shall be permitted in any required
side or rear yard except where a fence or other visual and physical barrier is erected
in which case there shall be no parking within fifteen (15) feet (4.6 m) of the side
or rear lot line.
(c)
No portion of any lot shall be used for the collection and storage of refuse unless
the refuse containers are screened.
16.4 OTHER REQUIREMENTS: MRR-1 USES
In any C-3 Zone, no development permit shall be issued for any MRR-1 use except in
conformity with the provisions of the MRR-1 Zone.
Planning Districts 1 and 3 Land Use By-law
Page 90
16.5
OTHER REQUIREMENTS: EXISTING BUILDINGS AT 8646 AND 8650 PEGGYS
COVE ROAD, INDIAN HARBOUR (PID 40037327) (RC-Feb 26/19;E-Apr 20/19)
Notwithstanding Sections 4.27, 4.9, 16.2 and 16.3, where a resort has been erected at
8646 and 8650 Peggys Cove Road, Indian Harbour (PID 40037327) on or before
February 9, 2019 having less than the minimum number of parking spaces or less
than the minimum front yard or side yard or rear yard required by this By-law, the
buildings may be enlarged, reconstructed, repaired, readopted, rebuilt or renovated
provided that:
(a)
the enlargement, reconstruction, repair or renovation does not further reduce
the front, side or rear yard that does not conform to this By-law;
(b)
any expansion of the use meets the parking requirements of this By-law; and
(c)
all other applicable provisions of this By-law are satisfied.
Planning Districts 1 and 3 Land Use By-law
Page 91
PART 17: MR-1 (MIXED RESOURCE) ZONE
17.1 MR-1 USES PERMITTED
No development permit shall be issued in any MR-1 (Mixed Resource) Zone except for
the following:
Residential Uses
Single unit dwellings
Two unit dwellings
Shared housing use with 10 or fewer bedrooms in conjunction with a permitted
dwelling unit (RC-Aug 9/22;E-Sep 15/22)
Business uses in conjunction with permitted dwellings
Resource Uses
Agricultural uses
Agricultural uses; intensive
Forestry uses
Fishery uses
Extractive facilities and bulk storage facilities
Composting operations (see section 4.29) (MC-Feb 26/96;M-Mar 28/96)
Commercial Uses
Hunting lodges
Fishing lodges
Community Uses
Recreational uses
Private and public parks
Open space uses
OTHER USES (RC-Sep 18/18 E-Nov 3/18)
Cannabis production facilities (RC-Sep 18/18;E-Nov 3/18)
17.2 MR-1 ZONE REQUIREMENTS
EXCEPT AS OTHERWISE PROVIDED FOR IN THIS PART, no development permit
shall be issued in any MR-1 Zone except in conformity with the following:
Minimum Lot Area
20,000 square feet (1858 m2)
Minimum Frontage
100 feet (30.5 m)
Minimum Front or Flankage Yard
30 feet (9.1 m)
Minimum Rear or Side Yard
8 feet (2.4 m)
Maximum Height of Main Building
35 feet (10.7 m)
17.3 OTHER REQUIREMENTS: EXTRACTIVE USES AND BULK STORAGE
FACILITIES
In any MR-1 Zone, where extractive facilities and bulk storage facilities are permitted, no
building, structure, plant, or product stockpile shall:
Planning Districts 1 and 3 Land Use By-law
Page 92
(a)
be located within one hundred (100) feet (30.5 m) of any property line;
(b)
be located within three hundred (300) feet (91.5 m) of any zone other than a Mixed
Resource or Industrial Zone or within one half (.5) miles (.8 k) of a Residential
Zone;
(c)
be located within one hundred (100) feet (30.5 m) of a public road; or
(d)
be located within three hundred (300) feet (91.5 m) of a watercourse.
17.4 OTHER REQUIREMENTS: AGRICULTURAL AND INTENSIVE AGRICULTURAL
USES
In any MR-1 Zone where agricultural and intensive agricultural uses are permitted, the
following shall apply:
(a)
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:
(i)
less than fifty (50) feet (15.2 m) from any side 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
agricultural use; or
(iii) less than three hundred (300) (90.3 m) feet from any watercourse.
(b)
No intensive agricultural use shall be located less than one half (.5) miles (.8 km)
from any residential zone.
17.5 OTHER REQUIREMENTS: FORESTRY USES
In any MR-1 Zone where forestry uses are permitted, the following shall apply:
(a)
No sawmill or other industrial mill related to forestry shall be located less than fifty
(50) feet (15.2 m) from any lot line or 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.
(b)
Where any sawmill or other industrial mill over two thousand (2,000) square feet
(186 m2) related to forestry abuts any residential zone, a visual and physical barrier
shall be provided.
17.6 OTHER REQUIREMENTS: BUSINESS USES
In any MR-1 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).
17.7 OTHER REQUIREMENTS: OPEN SPACE USES
In any MR-1 Zone where uses are permitted as Open Space Uses, no development permit
shall be issued except in conformity with the following:
Minimum Frontage or Flankage Yard
30 feet (9.1 m)
Planning Districts 1 and 3 Land Use By-law
Page 93
Minimum Rear or Side Yard
30 feet (9.1 m)
17.8 EXEMPTION: OPEN SPACE USES
Notwithstanding the provision of Section 4.1(a) where uses are permitted as Open Space
Uses, and where such uses involve no buildings or structures, no development permit shall
be required.
17.9 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
(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 Districts 1 and 3 Land Use By-law
Page 94
PART 18: MR-2 (MIXED RESOURCE 2) ZONE
18.1
MR-2 USES PERMITTED
No development permit shall be issued in and MR-2 (Mixed Resource 2) Zone except for
the following:
Residential Uses
Single unit dwellings
Two unit dwellings
Shared housing use with 10 or fewer bedrooms in conjunction with a permitted
dwelling unit (RC-Aug 9/22;E-Sep 15/22)
Businesses uses in conjunction with permitted dwellings
Resource Uses
Forestry uses
Fishery uses
Extraction facilities and bulk storage
Agricultural uses
Composting operations (see section 4.29) (MC-Feb 26/96;M-Mar 28/96)
Commercial Uses
Hunting lodges
Fishing lodges
Community Uses
Open space uses
OTHER USES (RC-Sep18/18; E-Nov 3/18)
Cannabis production facilities (RC-Sep 18/18;E-Nov 3/18)
Asphalt Plant (RC-Oct 16/18;E-Dec 8/18)
A temporary Asphalt Plant on lands as shown on Schedule S - Area Permitting a
temporary Asphalt Plant Operation
18.2
MR-2 ZONE REQUIREMENTS
Except as otherwise provided for in this part, no development permit shall be issued in any
MR-2 Zone except in conformity with the following:
Minimum lot area
100,000 square feet (9290.3 m2)
Minimum frontage
150 feet (46 m)
Minimum front and flankage yard
30 feet (9.1 m)
Minimum rear or side yard
30 feet (9.1 m)
Maximum height of the building
26 feet (8 m)
Planning Districts 1 and 3 Land Use By-law
Page 95
18.3 OTHER REQUIREMENTS: EXTRACTIVE USES AND BULK STORAGE
FACILITIES
In any MR-2 Zone, where extractive facilities and bulk storage facilities are permitted, no
building, structure, plant, or product stockpile shall:
(a)
be located within one hundred (100) feet (30.5 m) of any property line;
(b)
be located within three hundred (300) feet (91.5 m) of any zone other than a Mixed
Resource or Industrial Zone or within one half (.5) miles (.8 km) of a Residential
Zone;
(c)
be located within one hundred (100) feet (30.5 m) of a public road; or
(d)
be located within three hundred (300) feet (91.5 m) of a watercourse.
18.4 OTHER REQUIREMENTS: AGRICULTURAL USES
In any MR-1 Zone where agricultural uses are permitted, the following shall apply:
(a)
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:
(i)
less than fifty (50) feet (15.2 m) from any side 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
agricultural use; or
(iii) less than three hundred (300) (90.3 m) feet from any watercourse.
18.5 OTHER REQUIREMENTS: FORESTRY USES
In any MR-2 Zone where forestry uses are permitted, the following shall apply:
(a)
No sawmill or other industrial mill related to forestry shall be located less than fifty
(50) feet (15.2 m) from any lot line or 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.
(b)
Where any sawmill or other industrial mill over two thousand (2,000) square feet
(186 m2) related to forestry abuts any residential zone, a visual and physical barrier
shall be provided.
18.6 OTHER REQUIREMENTS: BUSINESS USES
In any MR-2 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).
18.7 OTHER REQUIREMENTS: OPEN SPACE USES
In any MR-2 Zone where uses are permitted as Open Space Uses, no development permit
shall be issued except in conformity with the following:
Planning Districts 1 and 3 Land Use By-law
Page 96
Minimum Frontage or Flankage Yard
30 feet (9.1 m)
Minimum Rear or Side Yard
30 feet (9.1 m)
18.8
Requirements for an Asphalt Plant on lands as shown on Schedule S (RC-Oct
16/18;E-Dec 8/18)
(a)
Notwithstanding Section 18.2, a temporary asphalt plant shall be permitted on
lands shown on Schedule S provided that:
i.
all vehicular access and egress to and from the temporary asphalt plant
site shall be from the Ingramport Interchange; and
ii.
the plant uses a dry-system method whereby no effluent or water-based
by products are directed to the ground.
(b)
A development permit issued for the use of a temporary asphalt plant shall be
valid for any period specified not exceeding sixty (60) days per calendar year
except that a development permit issued under this clause may be renewed for
a period not to exceed thirty (30) days, if a development officer determines that
an extension of the period is necessary to allow the completion of work in
progress.
18.8 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
(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 Districts 1 and 3 Land Use By-law
Page 97
PART 19: I-1 (GENERAL INDUSTRIAL) ZONE
19.1 I-1 USES PERMITTED
No development permit shall be issued in any I-1 (General Industrial) Zone except for the
following:
All MU-2 (Mixed Use 2) Uses
Industrial Uses
Any manufacturing, processing, or assembly operation which is not obnoxious Forestry
industries over 3000 square feet
Office or retail use accessory to any permitted use
Cannabis production facilities (RC-Sep 18/18;E-Nov 3/18)
Other Uses
Composting operations (see section 4.29) (MC-Feb 26/96;M-Mar 28/96)
19.2 I-1 ZONE REQUIREMENTS: INDUSTRIAL USES
In any I-1 Zone, where uses are permitted as industrial uses, no development permit shall
be issued except in conformity with the following:
Minimum Lot Area
20,000 square feet (1858 m2)
Minimum Frontage
100 feet (30.5 m)
Minimum Front Yard
30 feet (9.1 m)
Minimum Rear or Side Yard
25 feet (7.6 m)
Maximum Lot Coverage for Structures
50 per cent
Maximum Lot Coverage for
Structures and Storage
75 per cent
Minimum Separation Distance
Between Accessory Buildings
15 feet (4.6 m)
19.3 OTHER REQUIREMENTS: MU-2 USES
In any I-1 Zone, no development permit shall be issued for any MU-2 use except in
conformity with the provisions of the MU-2 Zone.
19.4 OTHER REQUIREMENTS: ABUTTING YARDS
Where any industrial use abuts another industrial use or a commercial use, the abutting
side or rear yard requirement shall be fifteen (15) feet (4.6 m).
19.5 OTHER REQUIREMENTS: OPEN STORAGE, OUTDOOR DISPLAY AND PARKING
Where any portion of any lot in an I-1 Zone is to be used for open storage or outdoor
display, the following shall apply:
Planning Districts 1 and 3 Land Use By-law
Page 98
(a)
Any materials associated with the industrial use shall be contained within a building
or enclosed by a fence, vegetation or other means which provides a visual and
physical barrier.
(b)
No outdoor display shall be permitted in any yard where the yard abuts any
residential or community use, except where a visual barrier is provided in which
case there will be no outdoor display within five (5) feet (1.5 m) of the abutting side
or rear lot line.
(c)
No parking or loading area shall be permitted in any required side or rear yard
where the required yard abuts any residential or community use, except where a
visual barrier is provided.
19.6 OTHER REQUIREMENTS: SET BACK
Notwithstanding the provisions of Section 19.2, no industrial use in the I-1 Zone shall be
less than one hundred (100) feet (30.3 m) from any watercourse. Notwithstanding this,
any existing use within this setback distance shall be a permitted and conforming use.
19.7 COMMERCIAL ENTERTAINMENT USES
Notwithstanding Section 12.1, commercial entertainment uses shall be permitted within
the I-l Zone on the properties in Hubbards identified by LIMS Property Numbers
40021768, 40021750, 40021743, 40227324, 40227316, 40021958, and 40021941.
Notwithstanding anything else in this By-law, multi-unit dwellings and more than one
dwelling on a lot may be permitted on properties in Hubbards identified by LIMS Property
Numbers 40021768, 40021750, 40021743, 40227324, 40227316, 40021958, and
40021941.
19.8 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 Districts 1 and 3 Land Use By-law
Page 99
PART 20: I-2 (SALVAGE YARD) ZONE
20.1 I-2 USES PERMITTED
No development permit shall be issued in any I-2 (Salvage Yard) Zone except for the
following:
All MU-2 (Mixed Use 2) uses
Salvage Yard Uses
Salvage and scrap yards
Service stations
Dwelling units accessory to any permitted use
20.2 I-2 ZONE REQUIREMENTS
EXCEPT AS OTHERWISE PROVIDED FOR IN THIS PART, no development permit
shall be issued in any I-2 Zone except in conformity with the following:
Minimum Lot Area
80,000 square feet (7.43 m2)
Minimum Frontage
100 feet (30.5 m)
Minimum Front or Flankage Yard
50 feet (15.2 m)
Minimum Rear or Side Yard
50 feet (15.2 m)
Maximum Lot Coverage for
Structures and Storage
75 per cent
Maximum Height of Main Building
35 feet (10.7 m)
20.3 OTHER REQUIREMENTS: SEPARATION AND BUFFERING
(a)
Any materials associated with any salvage yard operation shall be contained within
a building or enclosed by a fence, vegetation, or other means which provide a visual
and physical barrier.
(b)
No outdoor storage shall be located within any required yard.
(c)
No salvage yard operation shall be located within five hundred (500) feet (152.5
m) of a community facility use or a residential use.
(d)
No outdoor storage shall be located within three hundred (300) feet (91.5 m) of a
watercourse or waterbody.
20.4 OTHER REQUIREMENTS: MU-2 USES
In any I-2 Zone no development permit will be issued for any MU-2 Use except in
conformity with the provisions of the MU-2 Zone.
20.5 OTHER REQUIREMENTS: SERVICE STATIONS
Notwithstanding the provisions of Section 20.2, where any service station is erected in any
I-2 Zone the following shall apply:
(a)
Minimum Frontage
150 feet (45.7 m)
Planning Districts 1 and 3 Land Use By-law
Page 100
(b)
No portion of any pump island shall be located closer than ten (10) feet (3 m) from
any street line.
(c)
No portion of any canopy shall be located closer than five (5) feet (1.5 m) from any
street line.
(d)
The minimum distance between ramps or driveways shall not be less than thirty
(30) feet (9.1 m).
(e)
The minimum distance from a ramp or driveway to a road intersection shall be fifty
(50) feet (15 m).
(f)
The minimum angle of intersection of a ramp to a road line shall be forty-five (45)
degrees.
(g)
The width of a ramp shall be a minimum of twenty (20) feet (6.1 m) and a maximum
of twenty-six (26) feet (7.9 m).
Planning Districts 1 and 3 Land Use By-law
Page 101
PART 21: I-3 (MIXED INDUSTRIAL) ZONE
21.1 I-3 USES PERMITTED
No development permit shall be issued in any I-3 (Mixed Industrial) Zone except for the
following:
All MR-l (Mixed Resource) Uses
Industrial Uses
Any manufacturing, processing, assembly or warehousing operation which is not
obnoxious and which is conducted and wholly contained within a building Service
industries
Warehousing
Transport facilities and maintenance yards
Heavy machinery sales and service
Office or retail use accessory to any permitted use
Composting operations (see section 4.29) (MC-Feb 26/96;M-Mar 28/96)
Cannabis production facilities (RC-Sep 18/18;E-Nov 3/18)
21.2 I-3 ZONE REQUIREMENTS: INDUSTRIAL USES
EXCEPT AS OTHERWISE PROVIDED FOR IN THIS PART, where uses are permitted
as industrial uses in any I-3 Zone, no development permit shall be issued except in
conformity with the following:
Minimum Lot Area
20,000 square feet (1858 m2)
Minimum Frontage
100 feet (30.5 m)
Minimum Front Yard
30 feet (9.1 m)
Minimum Rear or Side Yard
25 feet (7.6 m)
Maximum Lot Coverage for Structures
50 per cent
Maximum Lot Coverage for
Structures and Storage
75 per cent
Minimum Separation Distance
Between Accessory Buildings
15 feet (4.6 m)
21.3 OTHER REQUIREMENTS: MR-1 USES
In any I-3 Zone, no development permit shall be issued for any MR-1 use except in
conformity with the provisions of the MR-1 Zone.
21.4 OTHER REQUIREMENTS: ABUTTING YARDS
Where any industrial use abuts another industrial use or a commercial use, the abutting
side or rear yard requirement shall be fifteen (15) feet (4.6 m)
Planning Districts 1 and 3 Land Use By-law
Page 102
21.5 OTHER REQUIREMENTS: OPEN STORAGE, OUTDOOR DISPLAY AND
PARKING
Where any portion of any lot in an I-3 Zone is to be used for open storage or outdoor
display, the following shall apply:
(a)
No open storage shall be located less than fifty (50) feet (15.2 m) from any
residential use.
(b)
Any materials associated with the industrial use shall be contained within a building
or otherwise enclosed by a fence, vegetation or other means which provide a visual
and physical barrier;
(c)
No outdoor display shall be permitted in any yard where the yard abuts any
residential or community use, except where a visual barrier is provided in which
case there shall be no outdoor display within five (5) feet (1.5 m) of the abutting
side or rear lot line;
(d)
No parking or loading area shall be permitted in any required side or rear yard
where the required yard abuts any residential or community use, except where a
visual barrier is provided in which case there shall be no parking within five (5)
feet (1.5 m2) of the abutting side or rear lot line.
21.6 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 Districts 1 and 3 Land Use By-law
Page 103
PART 22: RPK (REGIONAL PARK) ZONE (RC-Jun 25/14;E-Oct
18/14)
22.1
RPK USES PERMITTED
No development permit shall be issued in any RPK (Regional Park) Zone except for
the following:
Park Uses
Recreation uses
Conservation uses
Uses accessory to the foregoing uses
Public Parks
Commercial uses accessory to public park use
22.2
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 Districts 1 and 3 Land Use By-law
Page 104
PART 23: PWS (PROTECTED WATER SUPPLY) ZONE (RC-Jun
25/14;E-Oct 18/14)
23.1
PWS USES PERMITTED
No development permit shall be issued in any PWS (Protected Water Supply) Zone
except for the following:
Municipal water distribution or purification facilities
Conservation uses
Uses accessory to the foregoing uses
23.2
PWS ZONE REQUIREMENTS
In any PWS Zone, no development permit shall be issued except in conformity with
the following:
Minimum Front or Flankage Yard:
9.1m
Minimum Rear or Side Yard:
4.6m
Planning Districts 1 and 3 Land Use By-law
Page 105
PART 23A:
CD-1 (C&D MATERIALS TRANSFER STATIONS)
ZONE (RC-Sep 10/02;E-Nov 9/02)
23A.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
23A.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)
23A.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 23A.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 23A.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 Districts 1 and 3 Land Use By-law
Page 106
23A.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 23A.4(c), if the front yard area is treed, the
landscaped area is not required but all vegetation within 10 metres of the front
lot line shall be retained and maintained;
(e)
no portion of the operation shall be located within any side, rear, or front yard
setback;
(f)
no operation shall have direct access to either a local or subdivision road, as
determined by the Municipality's Traffic and Transportation Services
Division and any access road for such operations shall not occur through lands
zoned for residential (R-1, R-A, R-A1, R-1E, R-2) or community use (P-3 and
P-4); and
(g)
no portion of the operation shall be located within a 1:100 year floodplain.
23A.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
Planning Districts 1 and 3 Land Use By-law
Page 107
adjacent uses or streets and screening can be in the form of fencing, berms,
vegetation, or a combination of elements;
d)
a landscaping plan shall be prepared that protects and minimize land use
impacts on adjoining lands and the plan shall indicate the type, size, and
location of all landscaping elements including the landscaping along the front
of the property, to achieve the objective of the plan;
e)
within any designated side and rear yards, existing vegetation shall be retained
unless it does not provide for adequate screening measures;
f)
all outdoor lighting shall be oriented such that it is directed away from
adjacent properties;
g)
all solid waste storage containers shall be screened from adjacent properties
and streets;
h)
impact of the location, number and size of signs;
i)
measures, including but not limited to lot grading, berms, shall be required to
adequately address the management of stormwater and surface water; and
j)
provisions are established to ensure the operation and any required site
improvements are maintained to a high standard.
Planning Districts 1 and 3 Land Use By-law
Page 108
PART 23B:
CD-2 (C&D MATERIALS PROCESSING FACILITIES)
ZONE (RC-Sep 10/02;E-Nov 9/02)
23B.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
23B.2 CD-2 ZONE REQUIREMENTS
In any CD-2 Zone, no development permit shall be issued except in conformity with
the following:
Minimum Lot Area 3,716 square metres (40,000 square feet) central services
11,148 square metres (120,000 square feet) on-site
services
Minimum Frontage
15 metres (49.2 feet) central services
30 metres (98.4 feet) on-site services
Minimum Front Yard
30 metres (98.4 feet)
Minimum Side Yard
30 metres (98.4 feet)
Minimum Rear Yard
30 metres (98.4 feet)
Maximum Lot Coverage
50 %
Maximum Height
11 metres (36.0 feet)
23B.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.
23B.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)
Planning Districts 1 and 3 Land Use By-law
Page 109
(b)
notwithstanding Section 23B.4(a), where a building or structure is not 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 23B.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).
23B.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 23A.4.
(b)
notwithstanding Sections 23B.2 to 23B.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.
23B.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 23A.5.
Planning Districts 1 and 3 Land Use By-law
Page 110
PART 23C:
CD-3 (C&D MATERIALS DISPOSAL SITES) ZONE
(RC-Sep 10/02;E-Nov 9/02)
23C.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
23C.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)
23C.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.
23C.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)
Planning Districts 1 and 3 Land Use By-law
Page 111
(iii)
from a watercourse
60 metres (196.8 feet)
23C.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 23A.4.
(b)
Notwithstanding Sections 23C.2 to 23C.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.
23C.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 23A.5".
Planning Districts 1 and 3 Land Use By-law
Page 112
PART 23D:
ICH (INFRASTRUCTURE CHARGE HOLDING)
ZONE (RC-Jul 2/02;E-Aug 17/02)
23D.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
23D.2 ICH ZONE REQUIREMENTS
In any ICH Zone, no development permit shall be issued except in conformity with
the requirements of the R-1 Zone.
Planning Districts 1 and 3 Land Use By-law
Page 113
PART 23E:
PA (PROTECTED AREA) ZONE (RC-Jun 25/14;E-
Oct 18/14)
23E.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
23E.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
23E.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 Districts 1 and 3 Land Use By-law
Page 114
PART 23F:
CDD
(COMPREHENSIVE
DEVELOPMENT
DISTRICT) ZONE (RC-Jun 25/14;E-Oct 18/14)
23F.1 CDD USES PERMITTED
No development permit shall be issued in any CDD (Comprehensive Development
District) Zone except for the following:
Residential uses
Commercial uses
Institutional uses
Recreation uses
Parking facilities and transit stations or transit stops
Existing uses
Uses accessory to the foregoing uses
23F.2 CDD REQUIREMENTS
(1)
In any CDD (Comprehensive Development District) Zone no development
permit shall be issued except in conformity with the development agreement
provisions of the Halifax Regional Municipality Charter.
(2)
Notwithstanding subsection (1), existing uses within any CDD zone shall be
considered as fully conforming uses and as such are permitted to expand,
resume operation if discontinued, or be readopted, or rebuilt if destroyed on
the lot which they occupied on the effective date of this by-law, subject to the
following requirements:
Minimum Front or Flankage Yard:
9.1m
Minimum Side Yard:
2.5m
Minimum Rear Yard:
2.5m
Maximum Lot Coverage:
35%
Maximum Height of Main Building: 11m
Planning Districts 1 and 3 Land Use By-law
Page 115
PART 24: ADMINISTRATION
24.1 ENFORCEMENT
This By-law shall be administered by the Development Officer.
24.2 SCOPE OF APPLICATION
(a)
Every application for a development permit shall be accompanied by plans, in
duplicate, drawn to an appropriate scale and showing:
(i)
the true shape and dimensions of the lot to be used, and upon which it is
proposed to erect any building or structure;
(ii)
the proposed location, height and dimensions of the building, structure, or
work in respect of which the application is being made;
(iii)
the location of every building or structure already erected on or partly on
the lot, and the location of every building upon contiguous lots;
(vi)
the proposed location and dimensions of parking spaces, loading spaces,
driveways, and landscaping areas; and
(v)
other such information as may be necessary to determine whether or not
every such building, or development, conforms with the requirements of
this By-law.
(b)
Where the Development Officer is unable to determine whether the proposed
development conforms to this By-law and other by-laws and regulations in force
which affect the proposed development, he may require that the plans submitted
under this section be based upon an actual survey by a Nova Scotia Land Surveyor.
24.3 SIGNATURE FOR APPLICATION
The application shall be signed by the registered owner of the lot or by the owner's agent,
duly authorized in writing and shall set forth in detail the current and proposed use of the
lot and each building or structure, or part of each building or structure, together with all
information necessary to determine whether or not every such proposed use of land,
building or structure conforms with the requirements of this By-law.
24.4 PENALTY
Any person who violates a provision of this By-law shall be subject to prosecution as
provided for under the Planning Act.
24.5 DATE OF BY-LAW
This By-law shall take effect when approved by the Minister of Municipal Affairs
24.6 SCHEDULE OF FEES
An application to amend this By-law or modify any of the provisions of this By-law must
be accompanied by a fee at the time of making such application, which fees shall be:
Planning Districts 1 and 3 Land Use By-law
Page 116
Amendment to Land Use By-law
$100.00
Development Agreement
$100.00
Rezoning
$100.00
24.7 PUBLIC HEARING NOTIFICATION (Repealed: RC-Jun 20/23;E-Oct 13/23)
Planning Districts 1 and 3 Land Use By-law
Page 117
APPENDIX "A"
Notwithstanding anything else in this By-law, the following use shall be considered to be a non-
conforming use to the extent that it shall not be permitted to re-commence operations if
discontinued for a continuous period of six months.
LIMS INDEX
USE
LOCATION
NUMBER
Kreft Mushroom Farm Ltd.
Highway 21
40055766
formerly Ocean Mist Mushroom
Farm
Planning Districts 1 and 3 Land Use By-law
Page 118
APPENDIX "B"
Notwithstanding anything else in this By-law, the following existing uses shall be permitted uses
and shall be permitted to be expanded, repaired or readopted subject to the appropriate provisions
of the indicated zone but shall not be permitted to change to any other use other than a use permitted
in the zone in which they are located.
LIMS INDEX
NAME
USE
NUMBER
ZONE
Nifty Finers Crafts and
Office and Craft Shop
40284960
MRR-1
Atlantic Home Design
Bowmaster Well Drilling
Well Drilling
40255580
MU-2
Terry (Kathy) Densmore
Cabinet Making
40044463
MRR-1
Planning Districts 1 and 3 Land Use By-law
Page 119
APPENDIX "C"
Notwithstanding anything else in this By-law, the following existing use shall be a permitted use
and shall be permitted to be expanded, repaired, or readopted subject to the appropriate provisions
of the indicated zone, but shall not be permitted to change to any other use other than a use
permitted in the zone in which it is located.
LIMS INDEX
NAME
USE
NUMBER
ZONE
Barry W. Doucette
Accounting Office
and Company
in Dwelling
614354 or
RA
40269037
RA
Giant Steps Children's Centre Inc.
Daycare
41123340
MU-1
Giant Steps Children's Centre Inc.
Daycare
41225996
MU-1
(WRCC-Mar 31/08;E-Apr 19/08)
Planning Districts 1 and 3 Land Use By-law
Page 120
APPENDIX "D"
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 Districts 1 and 3 Land Use By-law
Page 121
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.
POLICIES
(2)
The policies adopted pursuant to subsection (1) may provide for:
Planning Districts 1 and 3 Land Use By-law
Page 122
(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.N.S., c.346, s.1, 1989.
Planning Districts 1 and 3 Land Use By-law
Page 123
Schedule I:
Areas of Elevated Archaeological Potential (RC-
Jun 25/14;E-Oct 18/014)
Planning Districts 1 and 3 Land Use By-law
Page 124
Schedule J:
Wetlands (RC-Jun 25/14;E-Oct 18/14)
Planning Districts 1 and 3 Land Use By-law
Page 125
Schedule K:
Wind Energy Zoning (RC-Jun 25/14;E-Oct 18/14)
Planning Districts 1 and 3 Land Use By-law
Page 126
Schedule L:
Tantallon Crossroads Coastal Village
Designation (RC-Jul 22/14;E-Oct 4/14)
Planning Districts 1 and 3 Land Use By-law
Page 127
Schedule M, N, O, P, R:
Tantallon Crossroads Coastal Village
(RC-Jun 23/15;E-Jul 14/15)
Planning Districts 1 and 3 Land Use By-law
Page 128
Schedule Q:
Tantallon Crossroads Coastal Village (RC-Jul
22/14;E-Oct 4/14)
Planning Districts 1 and 3 Land Use By-law
Page 129
Schedule S
Area Permitting a temporary Asphalt Plant
Operation (RC-Oct 16/18;E-Dec 8/18)
Planning Districts 1 and 3 Land Use By-law
Page 130
LAND USE BY-LAW AMENDMENTS
IN CHRONOLOGICAL ORDER OF MINISTERIAL APPROVAL
Amendment
Council
Effective
Number
Policies/Maps
Subject
Adoption
Date
1.
Part 2: 2.1, 4.12 (amended)
Accessory Buildings
June 26/95
July 22/95
(Case ZA-ALL-21-94)
2.
2.15A, 4.29, 17.1, 18.1, 19.1, 21.1 (addition)
Composting Operation
Feb 26/96
March 28/96
(Case ZA-ALL-31-95)
3.
Infrastructure Charge Zone (addition)
Capital Cost Cont.
July 2/02
Aug 17/02
Part 23D (addition)
(Case 00423)
4.
Part 13: MU-2 (Mixed Use) Zone
Grocery Stores
Sept 23/02
Oct 13/02
13.13 (added)
(Case 00498)
5.
Part 2: 2.15B, 2.15C, 2.15D & 2.15E (addition);
C&D Waste
Sept 10/02
Nov 9/02
Part 2: 2.77A (amended); Part 2: 2.62 & 2.68
Management
(readopted); Section 3.1 (amended); Part 4:
(Project 00082)
Section 4.19 (addition); Part 23A.1 - 23C.6: (addition);
Section 12.1 & Section 13.1 (amended)
6.
Part 4: 4.13(a)(3) (addition); 4.13(a)(v) (readopted);
Accessory Buildings
Nov 24/03
Dec 16/03
Subsection 4.13(a)(ix) (addition)
(Case 00604)
7.
Part 4: 4.3(a) amended; Part 4(b) (addition)
General Provisions
Nov 24/03
Dec 16/03
(Case 00499)
8.
Part 4: 4.30 (addition)
General Provisions
Jan 26/04
Feb 15/04
(Case 00616)
9.
Part 4: 4.1A (addition)
Interim Growth
Apr 13/04
Apr 22/04
(Case 00664)
10.
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)
11.
Deleting P-3& P-4 Zones; Adding RPK, PWS
&CDD Zones; Adding Schedules I&J; adding
Conservation definition, new recreation use and
watercourse definitions; Consideration of DA for
lands designated Rural Commuter; new Watercourse
Setbacks and buffers; new Coastal Area requirements
Regional planning
June 27/06
Aug 26/06
12.
Adding new section for Temporary Signage and
revised sign definition
Project 00324
Sept 26/06
Nov 18/06
13.
Amend Zoning Map to rezone areas in Westwood Hills,
Tantallon, from MU-1 to R-A1 Zone; Amend Section 4.10,
Appendix C
Case No. 01060
March 31/08
April 19/08
14.
Amending sign requirements
Case # 01110
May 26/08
June 14/08
15.
Amending Section 4.27 (Parking requirements)
Case # 01119
Aug 5/08
Aug 23/08
By deleting and replacing
16.
Amending Section 4.14 (Temporary Construction Uses
Case # 01058
Jan 20/09
Feb 7/09
Permitted)
17.
Amending Section 2.20 (re: Day Care Facility)
Case # 01074
Mar 3/09
Mar 21/09
18.
Added Section 3.6 (q); revised 12.1 and 13.1
Case # 01157
Feb 24/09
Apr 25/09
19.
Amend Zoning Map to rezone five properties between
Case # 16241
Sept 20/10
Oct 9/10
Lovett Lake and St. Margarets Bay Road, Beechville
from CDD to R-1 zone
20.
Consolidate schedules to implement amendments to Plan
Area boundary and zoning designation; Replace Section 3.2
(Zoning Map); Amend Schedule I and J to reflect changes.
Case No. 15894
June 21/11
Sept 3/11
Planning Districts 1 and 3 Land Use By-law
Page 131
21.
Deleted the word "windmills" in Section 4.18; Added
Section 4.33 Wind Energy Facilities in Part 4: General
Provisions for All Zones; Add Schedule K: Wind Energy
Zoning Map.
Project No. 00953
Aug 16/11
Oct 29/11
22.
Amend Part 4, Section 33 IV by adding b) and c) after
a): Wind Energy Facilities.
Project No. 00953
Oct 18/11
Oct 29/11
23.
Amend Zoning Map by rezoning the properties of
Birch Bear Woods Subdivision from the MU-1
(Mixed Use 1) Zone and the MRR-1 (Mixed Rural
Residential 1) Zone to the R-A (Residential) Zone
Case No. 16812
Oct 24/11
Nov 12/11
24.
Amend Zoning Map by rezoning five properties from
P-3 (Provincial Park) to MU-1 (Mixed Use) and a portion
of one property from RPK (Regional Park) to MU-1
(Mixed Use)
Case No. 18380
Sep 17/13
Oct 5/13
25.
Added Part 2 - Section 2.2A, 2.2B, 2.2C, 2.12A, 2.26A
2.30A, 2.36A, 2.36B, 2.46A, 2.47A, 2.50A, 2.72A, 2.73A
2.78A, 2.78B; Part 3 - Section 3.6(r); Part 4, Section 4.5(c),
4.11A, 4.19(1)(h)(i)(j)(k); Part 5A; Part 11A; Part 11B;
Part 11C; Schedule L; Schedule M, N, O, P; and Schedule Q;
Amended Part 2.22, Part 3, Part 4, Part 5 and Schedule A
(Zoning Map).
Case No. 16424
Jul 22/14
Oct 4/14
26.
Repeal/Readopt Section 2.15AA; 2.61; 2.80; parts of 3.1,
3.6(p), 4.1A, 4.19, 4.19A, 4.31, 4.32, 4.33; Part 22;
Part 23, 23E, 23F; Schedule K, I and J; Amend Part 3,
Section 3.6(p); Section 4.19, 4.19(3); Section 4.19A;
Schedule A - Zoning Map, Schedule I, J, K.; Add
Section 2.11A, 2.79A; 4.34.
RP+5
Jun 25/14
Oct 18/14
27.
Add Housekeeping amendments - Part 4, Section 4.19(1)(h)
(i)(j)(k) - Tantallon Crossroads Coastal Village Designation;
Part 11A.11 - Scholars Road; Replace - Schedules M, N,
Tantallon Crossroads
O, and P with M, N, O, P and R - Tantallon Crossroads
Amendments
June 23/15
July 14/15
28.
Add 4.3(c) - Reduced Frontages and Areas
25 Acre Lots
Jan 10/17
Feb 25/17
29.
Amend several sections to add Cannabis related uses
Case 21331
Sep 18/18
Nov 3/18
30.
Add to definitions: 2.5A Asphalt Plant; Asphalt Plant to
Section 18.1; Section 18.8: Requirements for an Asphalt
Plant on lands as shown on Schedule S
Case 19461
Oct 16/18
Dec 8/18
31.
Add Section 2.15F: Convention Facility, 2.63A: Resort,
2.76A: Tourist Cabin, 16.5: Requirements for buildings at
8646 & 8650 Peggys Cove Rd; Amend Schedule A Zoning
Map: Rezone 8646 & 8650 Peggys Cove Rd, Indian Harbour
from MU-1 to C-3 Zone; Section 2.22(a), 16.1: Tourist
Industry Uses
Case 21212
Feb 26/19
Apr 20/19
32.
Amend Section 3.6(r)(iv) to include Policy CV-7A
Case 21812
Apr 16/19
May 25/19
33.
Add Part 2, Section 2.76 - Backyard & Secondary Suites;
Part 4, Section 4.13B - Secondary Suites and Backyard Suites;
Amend Part 4, Section 4.4 - One Dwelling on a Lot; Part 4,
Section 4.19A - Coastal Areas
Case 21162 - Secondary
/ Backyard Suites
Sep 1/20
Nov 7/20
34.
Delete 'ing' from containing in Part 4, Section 4.19A(2)
Case 23274 - Secondary
/ Backyard Suites
Housekeeping
Amendments
Mar 8/21
Mar 27/ 21
35.
Amended; Part 2 and Part 4 to include definitions for
Case 22227 - Accessory
accessory hen use.
Hen Use
Oct 05/21
Jan 08/22
36.
Amended Part 2, Definitions - 2.63, renumbered 2.72B to
2.72D; Part 3, Zones and Zoning Map - 3.6; Part 4, General
Provisions - 4.27, 4.33I; Part 6, R-1 Zone - 6.1; Part 7, R-A
Zone - 7.1; Part 8, R-A1 Zone - 8.1; Part 9, R-1E Zone - 9.1
Part 10, R-2 Zone - 10.1; Part 11, MRR-1 Zone - 11.1; Part
Planning Districts 1 and 3 Land Use By-law
Page 132
11A, VR Zone - 11A.1; Part 11B, VG Zone - 11B.1; Part
11C, VC Zone - 11C.1; Part 12, MU-1 Zone, 12.1; Part
13, MU-2 Zone - 13.1; Part 14, C-1 Zone - 14.1; Part 15,
C-1A Zone - 15.1; Part 17, MR-1 Zone - 17.1; Part
18, MR-2 Zone - 18.1; Par 23D, ICH Zone - 23D.1
Deleted Part 2, Definitions - 2.63, 2.69
Case RP16-16
Added Part 2, Definitions - 2.72B, 2.72C
(Shared Housing)
Aug 9/22
Sep 15/22
37. Amended Clause 2.22(c); Subclause 3.6(p)(i);
Section 4.13A(a); Section 4.34; Section 11.1;
Section 11B.1; Section 15.1; Section 17.1;
Section 18.1
Case 22257
Added Section 3.8
(Regional Plan-
Repealed Section 4.13A(c)
Phase 3)
Oct 11/22 Nov 16/22
38.
Amended Part 4, Section 4.27; Part 6, Section 6.1; Part 7,
Section 7.1; Part 8, Section 8.1; Part 9, Section 9.1, Part 11,
Section 11.1; Part 11A, Section 11A.1; Part 11B, Section
11B.1; Part 11C, Section 11C.1; Part 16, Section 16.1
Added Part 2, Section 2.72E, 2.72F; Part 4, Section 4.1D,
4.1E, 4.36
Deleted Pat 2, Section 2.7; Part 6, Section 6.5; Part 7,
Case 24526
Section 7.4; Part 8, Section 8.4; Part 9, Section 9.6; Part
(Short Term
11A, Section 11A.7
Rentals)
Feb 21/23
Sep 1/23
39.
Repealed Part 24, Section 24.7
Case 2023-002
(Public Participation)
Jun 20/23
Oct 13/23
40.
Amended Part 2, section 2.74; Part 4, section 4.13(a)(iv)(v), MINORREV 2023-01065
4.13B(a)(i)(v), 4.13B(b)(i)(iv)(vi)(viii)
(Housing Accelerator
Added Part 4, section 4.13(c), 4.13B(b)(ix)
Fund (HAF))
May 23/24
June 13/24
41.
Amended Part 2-Section 2.9; Part 3-Section 3.6(p)(i);
MINORREV 2025-02922
Part 4-Section 4.13, 4.13B, 4.15, 4.33(b)(vi) ; Part 11-
(Minimum Planning
Section 11B.3, 11C.2; Schedule A-Zoning Map
Requirements)
Added Part 2-Section 2.47B, 2.73AB; Part 4-Section
4.13AB, 4.14(ab), 4.37
Repealed Part 4-Section 4.13A
Dec 11/25
Feb 2/26