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LAND USE BY-LAW
PLANNING DISTRICTS
14/17
(SHUBENACADIE LAKES)
THIS COPY IS A
REPRINT OF PLANNING DISTRICTS 14/17
LAND USE BY-LAW
WITH AMENDMENTS TO
OCTOBER 6, 2026
LAND USE BY-LAW
FOR
PLANNING DISTRICTS 14/17
THIS IS TO CERTIFY that this is a true copy of the
Land Use By-law for Planning Districts 14 and17 which was passed
by a majority vote of the former Halifax County Municipality at a
duly called meeting held on the 2nd day of May, 1989, and approved
by the Minister of Municipal Affairs on the 19th day of July, 1989,
which includes all amendments thereto which have been adopted by
the Halifax Regional Municipality and are in effect as of the 6th day
of October, 2026.
GIVEN UNDER THE HAND of the Municipal Clerk
and under the seal of Halifax Regional Municipality this _______
day of ____________________, 20___.
________________________
Municipal Clerk
Table of Contents
PART 1:
TITLE ................................................................................................................... 1
PART 2:
DEFINITIONS ...................................................................................................... 1
PART 2A:
DEFINITIONS FOR THE CI ZONE AND GI ZONE (RC-Feb 15/22;E-Apr
9/22) .................................................................................................................... 16
PART 3:
ZONES AND ZONING MAPS .......................................................................... 20
PART 4:
GENERAL PROVISIONS FOR ALL ZONES .................................................. 26
4.1 DEVELOPMENT PERMITS ....................................................................... 26
4.2 LICENSES, PERMITS AND COMPLIANCE WITH OTHER BY-LAWS 26
4.3 SEWAGE DISPOSAL AND WATER SYSTEMS ...................................... 27
4.4 ONE MAIN BUILDING ON A LOT ........................................................... 27
4.5 EXISTING UNDERSIZED LOTS ............................................................... 27
4.6 EXISTING USES ......................................................................................... 27
4.6A REDUCED FRONTAGE OR AREA ..................................................... 28
4.7 ROAD ENTRANCE RESERVES ................................................................ 29
4.8 EXISTING BUILDINGS ............................................................................. 29
4.9 NON CONFORMING USES (RC-Oct 23/12;E-Jan 12/13) ........................ 29
4.10 ACCESSORY USES AND BUILDINGS (MC/SCC-Jun 26/95;E-Jul
22/95) 29
4.10A ACCESSORY HEN USE (RC- Oct 05/21; E-Jan 08/22) .................... 30
4.11 ACCESSORY BUILDINGS ................................................................... 30
4.11AA SHIPPING CONTAINERS (RC-Dec 11/25;E-Feb 2/26).............. 31
4.11A SECONDARY SUITES AND BACKYARD SUITES (RC-Sep 1/20;E-
Nov 7/20) ............................................................................................................ 31
4.12 TEMPORARY CONSTRUCTION USES PERMITTED (RC-Jan
20/09;E-Feb 7/09) .............................................................................................. 32
4.13 VEHICLE BODIES ................................................................................. 33
4.14 RESTORATION TO A SAFE CONDITION.......................................... 34
4.15 BUILDING TO BE MOVED .................................................................. 34
4.16 HEIGHT REGULATIONS ...................................................................... 34
4.17 WATERCOURSE SETBACKS AND BUFFERS (RC-Jun 25/14;E-Oct
18/14) 34
4.18 REDUCED FRONTAGE ON A CURVE ............................................... 35
4.19 DAYLIGHTING TRIANGLE ................................................................. 35
4.20 PERMITTED ENCROACHMENTS....................................................... 36
4.21 YARD EXCEPTION ............................................................................... 36
4.22 ZERO LOT LINE .................................................................................... 36
4.23 ILLUMINATION .................................................................................... 36
4.24 COMMERCIAL MOTOR VEHICLES ................................................... 36
4.25 PARKING REQUIREMENTS ................................................................ 37
4.26 STANDARDS FOR PARKING LOTS ................................................... 39
4.27 LOADING SPACE REQUIREMENTS .................................................. 41
4.28 ACCESS REQUIREMENTS................................................................... 41
4.29 FRONTAGE ON A STREET .................................................................. 42
4.30 USES PERMITTED ON PRIVATE ROADS AND SCHEDULE 'A
ROADS ............................................................................................................... 42
4.31 COMPOSTING OPERATIONS (MC-Feb 26/96;M-Mar 28/96)............ 42
4.32 SCHEDULE C - AREAS OF ELEVATED ARCHAEOLOGICAL
POTENTIAL (RC-Jun 25/14;E-Oct 18/14) ........................................................ 43
4.33 SCHEDULE D - WETLANDS (RC-Jun 25/14;E-Oct 18/14) ................. 43
4.34 WIND ENERGY FACILITIES (RC-Jun 25/14;E-Oct 18/14) ................ 43
4.35 PUBLIC TRANSIT FACILITIES (RC-Jun 25/14;E-Oct 18/14) ...... 48
4.36 CANNABIS-RELATED USES (RC-Sep 18/18;E-Nov 3/18) ............ 48
4.37 SHORT-TERM RENTALS (RC-Feb 21/23;E-Sep 1/23) ................... 48
4.38 DEVELOPMENT AGREEMENTS FOR ADAPTIVE REUSES IN
RURAL HRM (RC-Dec 11/25;E-Feb 2/26) .................................................... 48
PART 5:
SIGNS AND ARCHITECTURAL REQUIREMENTS (RC-Oct 23/12;E-Jan
12/13) .................................................................................................................. 50
PART 6:
R-1A (SINGLE UNIT DWELLING) ZONE ..................................................... 59
PART 7:
R-1B (SUBURBAN RESIDENTIAL) ZONE .................................................... 61
PART 8:
R-1C (WATERFRONT RESIDENTIAL) ZONE .............................................. 63
PART 9:
R-1D (RESIDENTIAL AUXILIARY DWELLING UNIT) ZONE .................. 64
PART 9A:
R-1E (RESIDENTIAL ESTATE) ZONE (C-Jun 29/92;M-Aug 6/92) ......... 66
PART 10:
R-6 (RURAL RESIDENTIAL) ZONE ............................................................... 69
PART 11:
R-7 (RURAL ESTATE) ZONE .......................................................................... 74
PART 12:
C-1 (LOCAL BUSINESS) ZONE ...................................................................... 79
PART 13:
C-2 (COMMUNITY COMMERCIAL) ZONE .................................................. 81
PART 14:
C-4 (HIGHWAY COMMERCIAL) ZONE........................................................ 84
PART 14A:
CC (CANAL COURT) ZONE (RC-Oct 23/12;E-Jan 12/13) ........................ 87
PART 14B:
VC-CDD (VILLAGE CORE COMPREHENSIVE DEVELOPMENT
DISTRICT) ZONE (RC-Oct 23/12;E-Jan 12/13) ........................................... 92
PART 14C:
VMS (VILLAGE MAIN STREET) ZONE (RC-Oct 23/12;E-Jan 12/13).... 93
PART 14D:
VG (VILLAGE GATEWAY) ZONE (RC-Oct 23/12;E-Jan 12/13) ............. 98
PART 14E
FRB (FALL RIVER BUSINESS) ZONE (RC-Oct 23/12;E-Jan 12/13) ..... 101
PART 14F:
RCDD (RESIDENTIAL COMPREHENSIVE DEVELOPMENT
DISTRICT) ZONE (RC-Oct 23/12;E-Jan 12/13) ......................................... 104
PART 14G:
RLRC (RIVER-LAKES RESIDENTIAL CAMPUS) ZONE (RC-Mar 5/19;E-
Apr 6/19) ........................................................................................................... 105
PART 15:
I-3 (LIGHT INDUSTRIAL) ZONE.................................................................. 109
PART 15A:
CI (COMMERCIAL INDUSTRIAL) ZONE (RC-Feb 15/22;E-Apr 9/22)
........................................................................................................................... 111
PART 15B:
GI (GENERAL INDUSTRIAL) ZONE (RC-Feb 15/22;E-Apr 9/22) ....... 114
PART 16:
AE-1 (AEROTECH CORE) ZONE.................................................................. 116
PART 17:
AE-2 (GENERAL AIRPORT) ZONE .............................................................. 119
PART 18:
AE-3 (AEROTECH COMMERCIAL) ZONE ................................................. 121
PART 19:
AE-4 (AEROTECH BUSINESS) ZONE ......................................................... 124
PART 20:
AE-H (HOLDING) ZONE ............................................................................... 127
PART 20A:
US-E (URBAN SETTLEMENT-EMPLOYMENT) ZONE (RC-Dec
11/25;E-Feb 2/26) ............................................................................................ 128
PART 21:
H-1 (HAZARD) ZONE .................................................................................... 129
PART 22:
P-2 (COMMUNITY FACILITY) ZONE ......................................................... 131
PART 23:
P-3 (PARK) ZONE ........................................................................................... 132
PART 23A:
RPK (REGIONAL PARK) ZONE (RC-Jun 25/14;E-Oct 18/14)..................... 133
PART 24:
PWS (PROTECTED WATER SUPPLY) ZONE (RC-Jun 25/14;E-Oct
18/14) ................................................................................................................ 134
PART 25:
MR (MIXED RESOURCE) ZONE .................................................................. 135
PART 25A:
CD-1 (C&D MATERIALS TRANSFER STATIONS) ZONE (RC-Sep
10/02;E-Nov 9/02) ............................................................................................ 137
PART 25B:
CD-2 (C&D MATERIALS PROCESSING FACILITIES) ZONE (RC-Sep
10/02;E-Nov 9/02) ............................................................................................ 140
PART 25C:
CD-3 (C&D MATERIALS DISPOSAL SITES) ZONE (RC-Sep 10/02; E-
Nov 9/02) .......................................................................................................... 142
PART 25D:
ICH (INFRASTRUCTURE CHARGE HOLDING) ZONE (RC-Jul 2/02;E
Aug 17/02) ........................................................................................................ 144
PART 25E:
PA (PROTECTED AREA) ZONE (RC-Jun 25/14;E-Oct 18/14) ............... 145
PART 25F:
UR (URBAN RESERVE) ZONE (RC-Jun 25/14;E-Oct 18/14) .................. 146
PART 26:
ADMINISTRATION ........................................................................................ 147
APPENDIX A: NON-CONFORMING USES ........................................................................... 149
APPENDIX B: Deleted (Minister Of Housing-;E-Oct 6/26) .................................................. 152
SCHEDULE C: AREAS OF ELEVATED ARCHAEOLOGICAL POTENTIAL (RC-Jun
25/14;E-Oct 18/14) .......................................................................................... 153
SCHEDULE D: WETLANDS (RC-Jun 25/14;E-Oct 18/14) ............................................. 154
SCHEDULE E: WIND ENERGY ZONING (RC- Feb 15/22; E- Apr 9/22) .................... 155
SCHEDULE F: PROMINENT SITE FOR INCREASED COMMERCIAL -
FLOORSPACE IN THE CANAL COURT ZONE (1480 FALL RIVER
ROAD) (RC-Oct 23/12;E-Jan 12/13) ............................................................. 156
SCHEDULE G: PROMINENT SITE FOR INCREASED COMMERCIAL -
FLOORSPACE IN THE CANAL COURT ZONE (1470 FALL RIVER
ROAD) (RC-Oct 23/12;E-Jan 12/13) ............................................................. 157
SCHEDULE H: CANAL COURT DEVELOPMENT (Oct 23/12;E-Jan 12/13) ............. 158
SCHEDULE I: PROMINENT SITE FOR INCREASED COMMERCIAL -
FLOORSPACE IN THE VILLAGE MAINSTREET ZONE (3182
HIGHWAY 2) (RC-Oct 23/12;E-Jan 12/13) ................................................. 159
SCHEDULE J: PROMINENT SITE FOR INCREASED COMMERCIAL -
FLOORSPACE IN THE VILLAGE GATEWAY ZONE (3009 HIGHWAY
2) (RC-Oct 23/12;E-Jan 12/13) ...................................................................... 160
SCHEDULE K: PROMINENT SITE FOR INCREASED COMMERCIAL -
FLOORSPACE IN THE VILLAGE GATEWAY ZONE (2998 HIGHWAY
2) (RC-Oct 23/12;E-Jan 12/13) ...................................................................... 161
SCHEDULE L: SITE FOR MULTIPLE UNIT DWELLING EXPANSION PURSUANT
TO SECTION 14A.5 (21 MACPHERSON ROAD) (RC-Oct 23/12;E-Jan
12/13) ................................................................................................................ 162
SCHEDULE M: PROMINENT SITE FOR INCREASED COMMERCIAL -
FLOORSPACE IN THE CANAL COURT ZONE (11 FALLS RUN) (RC-
Oct 23/12;E-Jan 12/13) ................................................................................... 163
SCHEDULE N: AIRPORT NOISE CONTOUR Overlay (RC-Jan 26/16;E-Apr 2/16) .. 164
SCHEDULE O: SITE B (Minister Of Housing-;E-Oct 6/26) ............................................ 165
SCHEDULES: Schedule A-1, A-2, B-1, B-2, B-3, C-1, C-2, C-3, D-1, D-2, D-3, E-1,
E-2, F-1 and F-2 A and B (RC-Oct 23/12;E-Jan 12/13) Zoning Maps (RC-Jun 27/06;E-Aug
26/06) Separate
Planning Districts 14 and 17 LUB
Page 1
PART 1:
TITLE
This By-law shall be cited as the "Land Use By-law for Planning Districts 14 and 17" 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.
(MC/SCC-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. (MC/SCC-Jun 26/95;E-Jul 22/95)
2.2A ADULT ENTERTAINMENT USE means any premises or part thereof which is to
provide services appealing to or designed to appeal to erotic or sexual appetites or
inclinations, and includes adult cabarets and massage parlours.
When used in relation to adult entertainment use, the following shall apply:
(i)
"Services@ means activities that are designed to appeal to erotic or sexual
appetites or inclination" and includes:
1.
Services of which a principal feature or characteristic is the nudity or
partial nudity of any person. For the purposes of this clause "partial
nudity" shall include less than completely covered or opaquely
covered:
(a)
human genitals or human pubic region;
(b)
human buttocks; or
(c)
female breast below a point immediately above the top of the
areola.
Planning Districts 14 and 17 LUB
Page 2
2.
Services in respect of which the word "nude", "naked", "topless",
"bottomless", "sexy", or any other word or any picture, symbol or
representation having like meaning or implication is used in any
advertisement. (RC-Oct 23/12;E-Jan 12/13)
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 except, for the
purpose of this By-law, such shall not include a kennel.
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 slaughterhouse,
a broiler plant, or land used as an animal feed lot, managed to maximum production
and output in a confined area. (C-Apr 8/91;E-May 3/93)
2.5
ALTERATION means any change in the structural component or any increase in the
volume of a building or structure.
2.6
AMENITY AREA means an area of land set aside for purposes of visual improvement or
relaxation except where an amenity area is required for any multiple unit dwelling, in
which case the area may also include that portion of the building which is devoted to
relaxation such as games rooms and balconies.
2.7
ATTACHED BUILDING means a building otherwise complete in itself, which depends
for structural support, or complete enclosure upon a division wall or walls shared in
common with an adjacent building or buildings.
2.8
AUTOMOBILE RACE TRACK means the use of land and buildings related to the racing
of automobiles, including grandstand facilities, administration buildings, and buildings
related to the sale of food and drink during racing activities.
2.8A
BED AND BREAKFAST (Deleted: RC-Feb 21/23;E-Sep 1/23)
2.9
BOARDING OR ROOMING HOUSE (Deleted: RC-Aug 9/22;E-Sep 15/22)
2.9A
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. (RC-Jun 25/14;E-Oct 18/14)
2.10
BUILDING means any structure whether temporary or permanent, used or built for the
shelter, accommodation or enclosure of persons, animals, materials or equipment and
includes any vessel or shipping (RC-Dec 11/25;E- Feb 2/26) container used for any of
the foregoing purposes.
2.10A BUILDING WIDTH means the total horizontal distance between the outermost
edges of the building wall or walls facing a street or public open space. (RC-Oct
23/12;E-Jan 12/13)
Planning Districts 14 and 17 LUB
Page 3
2.10B CANADIAN GEODETIC VERTICAL DATUM (CGVD28) - means the vertical
datum for Canada officially adopted by an Order in Council in 1935. CGVD28 is a
tidal datum defined by the mean water level at five tide gauges: Yarmouth and
Halifax on the Atlantic Ocean, Pointe-au-Père on the St-Lawrence River, and
Vancouver and Prince-Rupert on the Pacific Ocean. In addition, the definition
includes an elevation at a benchmark in Rouses Point, NY (next to Lake Champlain)
accepted as fixed by the US and Canada in 1925. The datum is propagated in land
using geodetic levelling measurements. The vertical datum is accessible through
benchmarks anchored to the ground and stable structures. The heights in terms of
CGVD28 are in normal-orthometric system. (RC-Jun 25/14;E-Oct 18/14)
2.10C 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)
2.10D 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)
2.10E 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)
2.11
COMMERCIAL RECREATION USE means a building or lot or part of a building or lot
used solely for commercial recreation, sport or entertainment purposes and without
limiting the generality of the foregoing, may include such establishments as dance halls,
animal or vehicle racing tracks, rifle ranges, marinas, bowling alleys, golf courses, bingo
halls, roller skating rinks, drive-in theatres, and may include a dwelling unit or dwelling
units for maintenance or security personnel.
2.12
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.
Planning Districts 14 and 17 LUB
Page 4
2.12A COMMUNITY COUNCIL means the council of a community established pursuant
to the Halifax Regional Municipality Charter. (RC-Oct 23/12;E-Jan 12/13)
2.13
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)
2.13A 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)
2.14
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.
2.15
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.
2.16
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.
2.17
CONSTRUCTION AND DEMOLITION MATERIALS TRANSFER STATION,
hereinafter referred to as a Transfer Station, means land and/or buildings or part of
a building at which C&D Materials are received and sorted for subsequent transport
to a C&D Disposal Site or a C&D Processing Facility. (RC-Sep 10/02;E-Nov 9/02)
2.18
COUNCIL means the Regional Council of Halifax Regional Municipality established
pursuant to the Halifax Regional Municipality Charter. (RC-Oct 23/12;E-Jan 12/13)
Planning Districts 14 and 17 LUB
Page 5
2.19
CRAFT SHOP means a building or part of a building which is used for the retailing
or wholesaling of arts and handicrafts and shall include the fabrication of arts and
handicrafts but shall not include an obnoxious use. (MC-Jul 26/93/SCC-Aug 10/93;E-
Sep 4/93)
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
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 ease 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.
2.22
DEVELOPMENT OFFICER means the officer of the Municipality of the County of
Halifax, from time to time charged by the Municipality with the duty of administering the
provisions of this By-law.
2.23
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, vats motor homes, trailers,
boats, snowmobiles, motorcycles, swimming pools, decorative fountains and prefabricated
cottages and homes.
2.24
DWELLING
(a)
Dwelling means a building or part of a building, occupied or capable of being
occupied as a home or residence by one or more persons, and containing one or
more dwelling units but shall not include a hotel, a motel, apartment hotel or hostel.
(b)
Dwelling Unit means one or more habitable rooms designed, occupied or intended
for use by one or more persons as an independent and separate housekeeping
establishment in which a kitchen, sleeping and sanitary facilities are provided for
the exclusive use of such persons.
(c)
Dwelling, Single Unit means a building which is a completely detached dwelling
unit, and includes a mobile dwelling (RC-Oct 11/22;E-Nov 16/22)
(d)
Dwelling, Mobile means a detached dwelling designed for transportation after
fabrication, whether on its own wheels or on a flatbed or other trailer and at the site
Planning Districts 14 and 17 LUB
Page 6
where it is to be occupied as a dwelling complete and ready for occupancy, except
for minor and incidental unpacking and assembling, and the foregoing shall include
mobile homes aud modular dwellings having any main walls with a width of less
than twenty (20) feet (6.1 m).
(e)
Dwelling, Two Unit means a building containing two dwelling units.
(f)
Dwelling, Multiple Unit means a building containing three or more dwelling units.
(g)
Dwelling, Townhouse means a building that is divided vertically into three or
more dwelling units, each of which must have an independent entrance to a
front and rear yard immediately abutting the front and rear walls of the unit,
and each of which may be located on a separate lot. (RC-Oct 23/12;E-Jan
12/13)
(h)
Dwelling, Auxiliary means a self contained dwelling unit within a single unit
dwelling, in which access can be gained through the main dwelling, unit and which
comprises less than thirty-five (35) per cent of the gross floor area of the dwelling.
2.25
ENTERTAINMENT USE means any building or part of a building which is used for
commercial entertainment, amusement or relaxation and, without limiting the generality of
the foregoing includes a tavern, lounge or other beverage room, an arcade or amusement
centre and a pool or billiard hall, but specifically excludes a massage parlour or cabaret.
2.26
ERECT means to build, construct, reconstruct, alter or relocate, and without limiting the
generality of the foregoing, shall be taken to include any preliminary physical operation
such as excavating, grading, piling, cribbing, filling or draining and structurally altering
any existing building or structure by an addition, deletion, enlargement or extension.
2.27
ESTABLISHED GRADE means with reference to a building, the average elevation of the
finished surface of the ground where it meets the exterior of such building, and when used
with reference to a structure, shall mean the average elevation of the finished grade of the
ground immediately surrounding such structures, exclusive in both cases of any artificial
embankment or entrenchment and when used with reference to a street, road or highway
means the elevation of the street, road or highway established by the Municipality or other
designated authority.
2.28
EXISTING means in existence on the effective date of this By-law.
2.29
EXTRACTIVE FACILITIES means all buildings, aggregate plants, material storage areas
and weigh scales associated with extractive uses but does not include structures or storage
areas which are fundamental to the activities of mining or extraction.
2.30
FIREWOOD MILL means an area of land and/or buildings set aside for the storage and
milling of logs for either wholesale or retail sale for domestic heating purposes.
2.31
FORESTRY USE means commercial silviculture and the production of timber or pulp and
any uses associated with a forestry use, including sawmills, vehicle and equipment storage
and maintenance buildings and yards and retail and wholesale outlets for wood and wood
products.
Planning Districts 14 and 17 LUB
Page 7
2.31A GARDEN CENTRES within the VC-CDD, VMS and VG Zones means a structure
erected on a lot on a seasonal basis and includes any outdoor storage building or
outdoor display space for the purpose of selling garden plants, produce and other
related horticultural items but does not include any outdoor storage or outdoor
display of tractor trailer, construction trailers, travel trailers, converted mobile
homes and automobiles. (RC-Oct 23/12;E-Jan 12/13)
2.32
GOLF COURSE means a public or private area operated for the purpose of playing golf
aud related activities including a club house, and administration buildings. The foregoing
is specifically limited by excluding permanent residential accommodation of any type
except a dwelling unit or dwelling units provided for maintenance or security personnel.
2.33
GROSS FLOOR AREA means the aggregate of the floor areas of a building above and
below grade, measured between the exterior faces of the exterior walls of the building at
each floor level but excluding car parking areas within the building; and for the purpose of
this clause, the walls of an inner court shall be deemed to be exterior walls.
2.34
HARNESS RACING TRACK means the use of land and buildings related to the racing of
horses, including grandstand facilities, administration buildings, stables, and buildings
related to the sale of food and drink during racing activities.
2.35
HEALTH and WELLNESS CENTRE means a building or part of a building designed
to promote health awareness and maintenance through a variety of programs and
services tailored to a range of individual needs, including but not limited to, physical
fitness, weight management, nutrition education and paramedical clinics including
but not limited to physiotherapists, psychologist, speech therapists, chiropractors,
osteopaths, naturopaths and registered massage therapists. (RC-Jun 17/03;E-Jun
20/03)
2.36
HEIGHT means the vertical distance of a building between the established grade and
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, and provided that no roof
space be used for human habitation.
2.36AA 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).
2.36A HOME BUSINESS USES means the accessory use of a dwelling for gainful
employment involving the provision or sale of goods or services or both goods and
services excluding any adult entertainment use, restaurants, take-outs, convenience
stores, the keeping of animals, taxi stands, or any use deemed to be obnoxious. (RC-
Oct 23/12;E-Jan 12/13)
Planning Districts 14 and 17 LUB
Page 8
2.36B A HUMAN HABITATION means the act of occupying a structure or part thereof by
persons as a dwelling or sleeping place, whether intermittently or as a residence.
(HE/MDVCC-Nov 2/06;E-Nov 18/06)
2.36C IMPERVIOUS SURFACE means the surface of the lot covered with building(s), non-
porous pavement, concrete or other materials into which surface water cannot
penetrate into the subsurface layers of soil. (RC-Oct 23/12;E-Jan 12/13)
2.36D INDOOR RIDING BARN, PRIVATE - Means a building used by the owners of the
site on which the building is located for the sole training and exercising of their horses
and is not used for commercial purpose, horse shows, rodeos or similar events to
which there is a fee to participate in or use the facilities. (MDVCCC-Jan 25/12;E-Feb
11/12)
2.37
INSTITUTIONAL USE means any use listed as an Institutional Use within the P-2
(Community Facility) Zone.
2.38
KENNEL means a building or structure used for:
a)
the keeping of more than two dogs or cats which are kept for the purposes of
commercial breeding or showing;
b)
the boarding, with or without veterinary care, of more than twelve dogs or
cats. (HE/MDVCCC-Aug 6/09;E-Aug 22/09)
2.38A LANDSCAPING means any combination of trees, shrubs, flowers, grass or other
horticultural elements, decorative stonework, screening or other architectural
elements, all of which are designed to enhance the visual amenity of a property or to
provide a screen. (RC-Oct 23/12;E-Jan 12/13)
2.39
LIVESTOCK means horses, cows, pigs, sheep, goats and fowl, whether or not they
are kept for commercial purposes. (C-Aug 27/90;E-Sep 22/90)
2.40
LOADING SPACE means an area of land provided and maintained upon the same lot or
lots upon which the main use is located and which has adequate access to permit ingress
and egress by means of driveways, aisles or manoeuvring areas and which is used for the
temporary parking of a commercial motor vehicle while merchandise or materials are being
loaded or unloaded from the vehicles.
2.41
LOT
(a)
Corner Lot means a lot situated at the intersection of, and abutting on, two or more
streets.
(b)
Through Lot means a lot bounded on two opposite sides by streets or highways
provided, however, that if any lot qualifies as being both a corner lot and a through
lot as herein before defined, such lot shall be deemed to be a corner lot for the
purpose of this By-law.
2.42 LOT AREA means the total horizontal area within the lot lines of a lot.
Planning Districts 14 and 17 LUB
Page 9
2.43 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.
2.44 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.
2.45
LOT LINE
(a)
Lot Line means a boundary or exterior line of a lot.
(b)
Front Lot Line means the line dividing the lot from the street or private road, or
road listed in Schedule "A" of the Subdivision By-law; and
(i)
in the case of a corner lot - the shorter boundary line abutting the street shall
be deemed to be the front lot line and the longer boundary line abutting the
street shall be deemed to be the flankage lot line; and where such lot lines
are of equal length, the front lot line shall be either of the lot lines and the
other lot line shall be the flankage lot line; boundaries dividing the lot from
a street shall be deemed to be the front lot line; or
(ii)
in the case of a lot which has as one of its boundaries the shore line of a lake
or the bank of a river, the lot line facing the access road shall be deemed to
be the front lot line.
(c)
Rear Lot Line means the lot line farthest from or opposite to the front lot line.
(d)
Side Lot Line means a lot line other than a front or rear lot line.
(e)
Flankage Lot Line means a side lot line which abuts the street on a corner lot.
2.46
LRIS means the Land Registration and Information Service whose property identification
numbering system is used to identify particular land parcels. The LRIS is an agency of the
Council of Maritime Premiers established on the authority of Order in Council of the
Provinces of Nova Scotia, New Brunswick and Prince Edward Island under the Council of
Maritime Premiers Act in order to produce comprehensive property and ownership
mapping for the provinces,
2.47
MAIN BUILDING means the building in which is carried on the principal purpose or
purposes for which the building lot is used.
2.48
MAIN WALL means the exterior front, side or rear wall of a building and all structural
members essential to the support of a full or partially enclosed space or roof.
2.48A MAINSTREET means the Fall River Road, Highway #2, McPherson Road, Cobequid
Road, Ingram Drive, Lockview Road, Miller Lake Road, Perrin Drive and Falls Run
within the River-lakes Secondary Plan. (RC-Oct 23/12;E-Jan 12/13)
2.48B MASSAGE PARLOUR - includes any premises or a part thereof, by whatever name
designated where a massage, body rub, alcohol rub, bath or similar activity is
performed, offered, advertised, or solicited by persons in pursuance of a trade,
Planning Districts 14 and 17 LUB
Page 10
calling, business, or occupation or which is equipped or arranged so as to provide
such activity, but does not include any premises or part thereof where treatment is
routinely offered or performed for the purpose of medical or therapy and is
performed or offered by or under the supervision or direction of a physician,
chiropractor, osteopath, physiotherapist, under the laws of the Province of Nova
Scotia. (RC-Oct 23/12;E-Jan 12/13)
2.49
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.
2.49A 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)
2.50
MUNICIPALITY means the Municipality of the County of Halifax.
2.51
OBNOXIOUS USE means a use which, from its nature or operation creates a
nuisance or is offensive by the creation of noise or vibration, or by reason of the
emission of gas, fumes, dust, oil or objectionable odour, or by reason of the unsightly
storage of goods, wares, merchandise, salvage, refuse matter, waste or other
materials. (MDVCCC-Jul 25/07;E-Aug 11/07)
2.52
OFFICE means a room or rooms where business may be transacted, a service performed
or consultation given but shall not include the manufacturing of any product or the retail
selling of goods.
2.53
OPEN SPACE USE means any use listed as an Open Space Use in the P-2 (Community
Facility) Zone
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
highway by means of driveways, aisles or manoeuvre 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
m2), measuring eight (8) feet (2.4 m) by twenty (20) feet (6.1 m), for the temporary parking
or storage of motor vehicles, and which has adequate access to permit ingress and egress
Planning Districts 14 and 17 LUB
Page 11
of a motor vehicle to and from a street or 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.
2.58
PERSONAL SERVICE USE means a building or part of a building in which
professional or personal services are provided for gain and where the sale of retail of
goods, wares, merchandise, articles, or things is only accessory to the provisions of
such service, including but without limiting, the generality of the forgoing; barber
shops, beauty shops, tailor shops, laundry and dry-cleaning depots, shoe repair,
health and wellness centres, tanning salons, and doctors= or dentists= offices. (RC-
Jun 17/03;E-Jun 20/03)
2.58A PET CARE FACILITY means a facility for the temporary care or boarding of not
more than twelve dogs or cats for gain or profit, but shall not include the breeding or
sale of such animals. (HE/MDVCCC-Aug 6/09;E-Aug 22/09)
2.59
PRIVATE ROAD means any street or road which is not public where:
(a)
the right-of-way, alignment, and gradient of the road are approved by the
Department of Transportation pursuant to Section 108 of the Planning Act, R.S.,
c. 346, s.1; and (MC-Mar 14/94/SCC-Apr 12/94;E-May 7/94)
(b)
the road extends to and has access to a public street or highway and where not totally
located within the area of land proposed to be subdivided it shall be an easement
for access which has been clearly granted to the subdivider by deed, registered in
the Office of the Registrar of Deeds for the County of Halifax.
2.59A PUB within the VC-CDD, VMS, VG and FRB Zones means an entity that is licensed
under the Liquor Control Act as a Lounge, Tavern, or Beverage Room and excludes
a Club license, Caberet license, Special Premises license, and Special Occasion license
as defined in the Liquor Control Act. (RC-Oct 23/12;E-Jan 12/13)
2.60
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
or of the Government of Canada.
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 27/06;E-Aug
26/06)
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
Planning Districts 14 and 17 LUB
Page 12
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)
2.64
RESTAURANT - FULL SERVICE means n 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 any 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 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, any provide a home delivery service. (C-Feb 10/92;E-Mar 7/92)
2.67
RETAIL STORE means a building or part of a building in which goods, wares,
merchandise, substances, articles or things are offered for sale directly to the public at retail
value.
2.68
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
acres, and which entrance has been approved by the Department of Transportation for the
purposes of a public or private road entrance reserve.
2.69
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)
2.70
SENIOR CITIZEN HOUSING (Deleted: RC-Aug 9/22;E-Sep 15/22)
2.71
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 manor or accessory function, the provision of supplies, merchandise or wares
directly related to the services provided, and without limiting the generality of the
Planning Districts 14 and 17 LUB
Page 13
foregoing, may include a public garage including an engine and body repair shop, a printing
establishment, a laundry or cleaning establishment, a wholesale bakery, a paint shop,
plumbing shop, sheet metal shop, a truck depot and similar uses.
2.72
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.
2.73
SERVICE STATION means a building or part of a building or a clearly defined apace on
a lot used for the retail sale of lubricating oils and gasolines and may Include the sale of
automobile accessories and the servicing and general repairing of motorized vehicles any
may include washing establishments.
2.73A 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)
2.73B 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)
2.73BA SHIPPING CONTAINER means a container originally designed for use as a means
of storing and transporting cargo via ship, rail, air or truck. (RC-Dec 11/25;E-Feb
2/26)
2.73C 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)
2.73D 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)
2.74
SIGN means any structure, device, light, painting or other representation or natural
object which is used to identify, advertise or attract attention to any object, place,
activity, person, institution, organization, firm, group, commodity, profession,
enterprise, industry or business, or which display or include any letter, work, model,
Planning Districts 14 and 17 LUB
Page 14
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)
2.74A STOREY means the portion of a building that is situated between the top of a floor
and the top of the floor next above it, including a mezzanine, and if there is no floor
above it, the portion between the top of the floor and the ceiling above it, and
(a)
for the purpose of calculating the streetwall height, a portion of a building that
is partly below the streetline grade is not deemed to be a storey unless its ceiling
is a minimum of 2.0 metres above the streetline grade; and
(b)
for a purpose other than calculating the streetwall height, a portion of a
building that is partly below the average finished grade is not deemed to be a
storey unless its ceiling is a minimum of 2.0 metres above the average finished
grade.
(RC-Dec 11/25;E-Feb 2/26)
2.75
STREET LINE means the boundary line of a street.
2.76
STREET OR ROAD means the whole and entire right-of-way of every highway, road, or
road allowance vested in the Government of Canada, Province of Nova Scotia, or the
Municipality of the County of Halifax, 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).
2.77
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.
2.77A SUITE (RC-Sep 1/20;E-Nov 7/20)
(a)
Backyard Suite means a self-contained subordinate dwelling unit that is
located within an accessory building or structure.
(b)
Secondary Suite means a self-contained subordinate dwelling unit that is
located within a residential main building.
2.77B URBAN SERVICE AREA means the Urban Service Area under Schedule B of the
Regional Subdivision By-law. (RC-Dec 11/25;E-Feb 2/26)
2.78
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
Planning Districts 14 and 17 LUB
Page 15
incidental and minimal alteration of the materials and where activity primarily
occurs inside a building. (RC-Sep 10/02;E-Nov 9/02)
2.781 VEHICLE SERVICES means the use of a building or land to provide sales of vehicles
or services for vehicles, including but not limited to: autobody shops, automotive
repair outlets, car dealerships, car washes, service stations, retail gasoline outlets and
vehicle depots. (NWCC-June 9/25;E-Jun 25/25)
2.78A 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)
2.79
WATERCOURSE means a lake, river, stream, ocean or other natural body of water.
(RC-Jun 25/14;E-Oct 18/14)
2.80
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.
(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.
Planning Districts 14 and 17 LUB
Page 16
PART 2A: DEFINITIONS FOR THE CI ZONE AND GI ZONE (RC-Feb
15/22;E-Apr 9/22)
2A.
The Definitions under Part 2 apply to the CI Zone and GI Zone unless otherwise
defined under this Part. In the CI Zone and GI Zone, the following additional
definitions shall apply:
(1)
BANK AND FINANCIAL INSTITUTION means premises where banking
and financial services are provided, and where money is deposited, kept, lent,
or exchanged, such as bank branches, credit unions and lending
establishments.
(2)
BREWERY, WINERY AND DISTILLERY USES means premises used for
the production and packaging of beer, wine, spirits, or other alcoholic
beverages. The facility may include accessory uses such as retail sale,
wholesale, tours and events, or hospitality rooms where beverages produced at
the facility can be sampled.
(3)
BROADCAST USE means commercial uses and public communication uses
such as radio and television broadcasting, receiving stations, and recording
and production studios.
(4)
CARETAKER UNIT means living accommodation for a caretaker, employee
or security personnel that is associated with an industrial operation on the
same lot.
(5)
EMERGENCY SERVICES USE means premises housing personnel and
equipment related to protective or first responder services, such as fire
stations, police stations, search and rescue stations, emergency medical
stations, and ambulance stations.
(6)
FITNESS CENTRE means a building or part thereof designed to promote
physical fitness, health awareness and maintenance through a variety of
programs and services tailored to individual needs, including but not limited
to a gym, yoga studio or martial arts studio, and which may include, as an
accessory use to the fitness centre use, services for weight management,
nutrition education and paramedical clinics Dartmouth Land Use By-law Page
5 including but not limited to physiotherapists, psychologists, speech
therapists, chiropractors, osteopaths, naturopaths and registered massage
therapists.
(7)
GARDEN CENTRE means premises where retail and wholesale gardening
products are sold, which may include a nursery and greenhouses.
(8)
HEAVY EQUIPMENT SALES AND SERVICE USE means premises used for
the sale, repair, storage or service of vehicles or other apparatus used in
commercial, industrial, agricultural, forestry or construction enterprises, such
Planning Districts 14 and 17 LUB
Page 17
as backhoes, bulldozers, cranes, farm equipment, marine vessels, and tractor
trailers, excluding vehicle services.
(9)
HEAVY INDUSTRIAL USE means:
i.
the extraction of raw materials; or
ii.
the manufacture or processing of products from raw materials,
including animal processing; or
iii.
the production or use of flammable, explosive or hazardous products
and materials; or
iv.
the bulk storage of flammable, explosive, or hazardous products and
materials.
(10)
INDUSTRIAL TRAINING means the commercial provision of educational
instruction and safety certification relating to industrial activities.
(11)
INDUSTRIAL USE means the use of land or buildings for:
i.
cannabis production facilities;
ii.
composting operations;
iii.
construction and demolition materials disposal sites, processing
facilities and transfer stations;
iv.
light manufacturing uses;
v.
heavy industrial uses;
vi.
Repealed (RC-Oct 11/22;E-Nov 16/22)
vii.
warehouse uses;
viii.
wholesale uses;
ix.
wholesale food production uses, and
x.
any similar uses that involve dismantling, demolishing, cleaning,
servicing, repairing or testing materials, goods and equipment
associated with industrial or commercial operations.
(12)
KENNEL means premises used for:
i.
the keeping of more than two dogs for the purposes of commercial
breeding or sale;
ii.
the overnight boarding of dogs, excluding for veterinary purposes;
iii.
the commercial training of dogs; or
iv.
the shelter of stray or abandoned animals.
(13)
LIGHT MANUFACTURING USE means the processing, fabrication,
assembly, treatment, or packaging of products from previously prepared
materials, finished products or parts, excluding animal processing. Research
facilities and industrial printing are considered light manufacturing uses.
(14)
OUTDOOR DISPLAY means the display or sale of goods outside on a lot in
conjunction with a business located in a building or structure on the same lot.
Planning Districts 14 and 17 LUB
Page 18
(15) PERSONAL SERVICE USE means services for the needs of individuals or
pets, such as grooming and haircutting, tailoring and shoe repair, tattooing,
depots for collecting dry cleaning and laundry, laundromats, warming and
cooling centres, food banks, soup kitchens, drop-in centres, funeral homes, and
the retail sale of products accessory to any service provided. Veterinary
facilities, kennels, pet daycare uses and crematoria are not considered a
personal service use.
(16)
PET DAYCARE USE means the daytime boarding and care of pets, provided
that overnight boarding is not permitted, and excluding a kennel.
(17)
PREMISES means the lot or that portion of the lot that contains a use,
including a building or portions of a building occupied by the use.
(18)
RECREATIONAL VEHICLE SALES means premises used for the retail sale
or rental of new or used recreational vehicles such as tent trailers, travel
trailers, boats, all-terrain vehicles, snowmobiles, or similar light recreational
vehicles or marine crafts, and may include the servicing and repair of the
products sold or rented.
(19)
RETAIL BUILDING SUPPLIER means premises used for the selling or
renting of building and construction supplies, materials and products such as
appliances, building materials, doors and windows, electrical supplies, hand
and power tools, hardware, home improvement items, kitchen cabinets,
lumber, paint, plumbing supplies.
(20)
RETAIL USE means premises used for the selling or renting of merchandise,
including second-hand goods, directly to consumers. Retail uses may also
include the servicing and repair of items similar to those being sold.
(21)
SELF-STORAGE FACILITY means a building or group of buildings
containing individually rented storage units.
(22)
SERVICE USE means a business whose primary function is call-out or
dispatch work, such as exterminators, plumbers, carpet cleaners, locksmiths,
electricians, tow trucks, landscapers, taxis, and standalone catering.
(23)
SOFT LANDSCAPING means covered by soft or water-permeable material
and vegetation such as trees, hedges, shrubs, flowers, grass, fruit and vegetable
plants, sod, or other vegetative groundcover. A water feature is considered
soft landscaping.
(24)
UTILITY USE means structures, equipment, and materials used by a
corporation, municipality, or other entity authorized to install and maintain
energy, gas, water, or communication systems for public use. District energy
systems, whether standalone or integrated into another building, are also
considered a utility use.
Planning Districts 14 and 17 LUB
Page 19
(25)
VEHICLE SERVICES means the use of a building or land to provide sales of
vehicles or services for vehicles, including but not limited to: autobody shops,
automotive repair outlets, car dealerships, car washes, service stations, retail
gasoline outlets and vehicle depots.
(26)
WAREHOUSE USE means a building or part of a building for storage for the
wholesale and distribution of manufactured products, supplies, and
equipment.
(27)
WHOLESALE FOOD PRODUCTION USE means premises used for baking,
preparing, processing, distributing, and wholesaling food products, but where
over-the-counter or other retailing of food products is limited to an accessory
retail outlet, and which excludes the slaughtering of animals.
(28)
WHOLESALE USE means premises where merchandise is sold or distributed
to retailers, industrial, commercial, institutional, or professional users, or
other wholesalers.
Planning Districts 14 and 17 LUB
Page 20
PART 3:
ZONES AND ZONING MAPS
3.1
ZONES
For the purpose of this By-law, Planning Districts 14 and 17 Is divided into the following
zones, the boundaries of which are shown on the attached zoning schedule. Such zones
may be referred to by the appropriate symbols:
Symbols
Zone
Residential Zones
R-1A
Single Unit Dwelling Zone
R-1B
Suburban Residential Zone
R-1C
Waterfront Residential Zone
R-1DAuxiliary Dwelling Zone
R-1E Residential Estate Zone
(C-Jun 29/92;M-Aug 6/92)
R-6 Rural Residential Zone
R-7 Rural Estate Zone
Commercial Zones
C-1
Local Business Zone
C-2
Community Commercial Zone
C-4
Highway Commercial Zone
AE-3
Aerotech Commercial Zone
River-lakes Village Centre Zones (RC-Oct 23/12;E-Jan 12/13)
CC
Canal Court Zone
VC - CDD
Village Core Comprehensive
Development District Zone
VMS
Village Main Street Zone
VG
Village Gateway Zone
FRB
Fall River Business Zone
RCDD
Residential Comprehensive
Development District Zone
River-lakes Zones (RC-Mar 5/19;E-Apr 6/19)
RLRC
River-Lakes Residential Campus
Industrial Zones
I-3
Light Industrial Zone
CI
Commercial Industrial Zone (RC-
Feb 15/22;E-Apr 9/22)
GI
General Industrial Zone (RC-Feb
15/22;E-Apr 9/22)
AE-1
Aerotech Core Zone
AE-2
General Airport Zone
AE-4
Aerotech Business Zone
AE-H
Holding Zone
US-E
Urban Settlement-Employment Zone
(RC-Dec 11/25;E-Feb 2/26)
Planning Districts 14 and 17 LUB
Page 21
H-1
Hazard Zone
Construction & Demolition(C&D) Zones (RC-Sep 10/02;E-Nov 9/02)
CD-1
C&D Materials Transfer Stations
Zone
CD-2
C&D Materials Processing Facilities
Zone
CD-3
C&D Materials Disposal Sites Zone
Infrastructure Charge Zone (RC-Jul 2/02;E-Aug 17/02)
ICH
Infrastructure Charge Holding Zone
Community Uses Zones
P-2
Community Facility Zone
P-3
Park Zone
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)
Resource Zone
MR
Mixed Resource Zone
3.2
ZONING MAPS
(a)
Schedules Al, A2, B1, B2, B3, C1, C2, C3, D1, D2, D3, E1, E2, F1 and F2 A and
B (RC-Oct 23/12;E-Jan 12/13), attached hereto, may be cited as the "Planning
Districts 14 and 17 Zoning Maps" and are hereby declared to form part of this
By-law.
(b)
The extent and boundaries of all zones are shown on the Schedules Al through F-2,
inclusive A and B (RC-Oct 23/12;E-Jan 12/13), and for all such zones the
provisions of this By-law shall respectively apply.
(c)
The symbols used on Schedules Al through F-2 inclusive A and B (RC-Oct
23/12;E-Jan 12/13) refer to the appropriate zones established Ln Section 3.l 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 maps, it shall, unless
otherwise indicated, be Included Ln the zone of the adjoining property on either
side thereof; and
Planning Districts 14 and 17 LUB
Page 22
(d)
where a railroad or railway right-of-way, electrical transmission line right-of-way
or watercourse is included on the zoning maps and serves as a boundary between
two or more different zones, a line midway on such right-of-way or watercourse
and extending in the general direction of the long division thereof shall be
considered the boundary between zones unless specifically Indicated otherwise; or
(e)
where none of the above provisions apply, and where appropriate, the zone
boundary shall be scaled from the attached Schedules.
3.4
ZONES NOT ON MAPS
The zoning maps of this By-law may be amended to utilize any zone in this By-law,
regardless of whether or not such zone has previously appeared on any zoning map. Such
amendments must be carried out in accordance with Sections 60 and 61 of the Planning
Act and must be in conformity with the policies of the Municipal Planning Strategy for
Districts 14 and 17.
3.5
USES PERMITTED
Uses permitted within any zone shall be determined as follows:
(a)
If a use is not listed as a use permitted within any zone, it shall be deemed to be
prohibited Ln that zone.
(b)
If any use Is listed subject to any special conditions or requirements, it shall be
permitted subject to the fulfilling of such conditions or requirements.
(c)
Where a use permitted within any zone is defined Ln Part 2, the uses permitted
within that zone shall be deemed to include any similar use which satisfies such
definition except where any definition is specifically limited to exclude any use.
(d)
Except where limited by Section 4.1, or specifically prohibited elsewhere in this
By-law, any use permitted within any zone may be located in conjunction with,
whether contained within the same building or located on the same lot as, any other
use permitted within that zone.
(e)
Where any list of uses permitted Is divided by subheadings Into broad functional or
characteristic groupings, such subheadings shall be deemed to be provided for the
purposes of reference and identification and shall not, in themselves, be deemed to
be uses permitted nor to define any uses permitted, whether specifically and in
accordance with the purposes of Part 2 or in any other manner.
3.6
OTHER USES CONSIDERED BY DEVELOPMENT AGREEMENT
Notwithstanding Section 3.5 above, certain uses which may not be uses permitted in any
zone may be considered in accordance with Sections 55, 66 and 67 of the Planning Act.
As provided for by Policy P-150 of the Municipal Planning Strategy for Planning Districts
14 and 17, such uses are as follows:
(a)
Development in the flood danger area according to Policy P-50.
(b)
Multiple unit residential uses utilizing existing oversize on-site sewerage systems
or existing private sewerage treatment plants according to Policy P-68.
Planning Districts 14 and 17 LUB
Page 23
(ca)
Expansion of existing salvage operations according to Policy P-120. (RC-Oct
11/22;E-Nov 16/22)
(cb)
Repealed (RC-Oct 11/22;E-Nov 16/22)
(cc)
Conservation Design Developments may be considered by development
agreement on lands designated Rural Commuter, except within the NEF30
Contour (Map 3) of the Planning Districts 14 & 17 MPS, in accordance with
policies S-14A, S15A, S-15B, S-16A and S-17A, S-17B, and S-17C (RC-Dec
11/25;E-Feb 2/26) of the Regional Municipal Planning Strategy, as applicable.
(RC-Oct 11/22;E-Nov 16/22)
(cd)
Multiple unit dwellings and townhouse dwellings on Area A of Schedule O
within the area identified as Site B on Map RL-3 of the River-lakes Secondary
Planning Strategy, according to Policy RL-13-C. (Minister Of Housing-;E-Oct
6/26)
(d)
Shared housing with special care (RC-Aug 9/22;E-Sep 15/22) within the
Residential, Mixed Residential, and Community Centre Designations according to
Policy P-69A and P-69B (RC-Aug 9/22;E-Sep 15/22).
(e)
The expansion of existing mobile home parks within the Residential designation
according to Policy P-71.
(f)
The expansion or change of use of existing commercial and industrial uses within
the Residential Designation according to Policy P-75.
(g)
Development of a construction yard on the lands of Mr. Webbink according to
Policy P-77.
(h)
The expansion of existing dwellings within the waterfront residential zone
according to Policy P-82,
(i)
Commercial recreation uses in the Residential and Mixed Residential Designations
according to Policy P-91.
(j)
Expansion of existing business uses in the Mixed Residential Designation
according to Policy P-93.
(k)
Larger community commercial zone uses, in the Community Centre Designation
according to Policy P-97.
(l)
The change of use or expansion of existing heavy commercial or industrial uses
within the Community Centre Designation according to Policy P-100.
(m)
Commercial recreation uses within the Airport Industrial Designation according to
Policy P-114.
(n)
Extractive facilities within the Resource Designation according to Policy P-136.
(o)
Uses permitted by the zone on the abutting property within the abutting designation
according to Policy P-151.
(p)
Commercial uses on the properties of Gordon and Shirley Taylor and Irving Oil
Company Ltd., according to Policy P-78.
(q)
Kennels within the Community Centre Designation according to Policy P-98.
(r)
Golf courses on the lands of Brightwood Golf and Country Club, according to
Policy P-143.
(s)
Commercial recreation uses within the Watershed Designation according to Policy
P-145. (C-Apr 30/90;M-Jun 9/90)
(t)
Short-term bedroom rentals (RC-Feb 21/23;E-Sep 1/23) in accordance with
Policy P-74A. (C-May 27/97;M-Jul 2/97)
(u)
Larger scale mixed commercial and residential development may be
considered, within the River-lakes Village Centre Designation, over the
Planning Districts 14 and 17 LUB
Page 24
portion of the lands shown on Schedule H, according to Policy RL-4. (RC-Oct
23/12;E-Jan 12/13)
(v)
Large commercial and medium density residential uses, within the Village
Core Comprehensive Development District Zone, according to Policy RL-5.
(RC-Oct 23/12;E-Jan 12/13)
(x)
Low scale multiple unit dwellings up to 3 units per acre, with or without a
ground floor commercial component, townhouses, single or two unit dwellings
within areas zoned Village Mainstreet, according to Policy RL-11. (RC-Oct
23/12;E-Jan 12/13)
(y)
Low scale multiple unit dwellings and townhouses up to 4 units per acre where
no central water service are provided, and up to 8 units per acre when central
water services are provided, on Site A shown on Map RL-3 of the River-lakes
Secondary Planning Strategy according to Policies RL-11 and RL-12. (RC-Oct
23/12;E-Jan 12/13)
(z)
Deleted (RC-Mar 5/19;E-Apr 6/19)
(aa)
Low scale multiple unit dwellings, townhouses, single or two unit dwellings up
to 4 units per acre or local commercial use and self-storage facility in
conjunction with the housing component, within the RCDD Residential
Comprehensive Development District Zone, according to Policy RL-14. (RC-
Oct 23/12;E-Jan 12/13)
(bb)
Townhouses up to a maximum density of 2 units per acre on Site D shown on
Map RL-3 of the River-lakes Secondary Planning Strategy, according to Policy
RL-15. (RC-Oct 23/12;E-Jan 12/13)
(cc)
Pursuant to Policy P-167, where there is enabling policy to consider the
development, by development agreement, of multiple unit dwellings or the
expansion of existing multiple unit dwellings, such policy may be used to
consider the development of shared housing uses at a larger scale than what is
permitted by the Land Use By-law. (RC-Aug 9/22;E-Sep 15/22)
3.6A 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.
3.7
VARIANCE Of REQUIREMENTS BY DEVELOPMENT AGREEMENT
Notwithstanding the provisions of Part 4 and Parts 16, 17, 18, 19 and 20, the specific
requirements of the AE-1, AE-2, AE-3, AE-4 and AE-H Zones may be varied in
accordance with Sections 55, 66 and 67 of the Planning Act and the provision of Policy
P-108A of the Municipal Planning Strategy for Planning Districts 14 and 17. (C-Apr
30/90;M-May 18/90)
3.7A DIAGRAMS
Diagrams form no part of this By-law and shall be deemed to have been inserted for
illustrative purposes only. (RC-Oct 23/12;E-Jan 12/13)
Planning Districts 14 and 17 LUB
Page 25
Planning Districts 14 and 17 LUB
Page 26
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 and subject to review by the
Development Officer.
(c)
Where any development permit is issued, such permit may include permission of
any single development, or of more than one development, or of any or all elements
related to any development, provided that such are specified by the permit and
provided also that no development permit shall pertain to ore than one (1) lot.
4.1A Deleted (RC-Jun 27/06;E-Aug 26/06)
4.1B
Where a property is subject to a rezoning approved between December 1, 2005 and
April 29, 2006, the Development Officer may reduce the requirements adopted to
implement the Regional Municipal Planning Strategy, to the greatest extent 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
LICENSES, PERMITS AND COMPLIANCE WITH OTHER BY-LAWS
(a)
Nothing in this By-law shall exempt any person from complying with the
requirements of the Building By-law or any other by-law in force within the
Municipality, or to obtain any license, permission, permit, authority or approval
required by any other by-law of the Municipality or statute and regulation of the
Province of Nova Scotia or the Government of Canada.
(b)
Where the provisions in this By-law conflict with those of any other municipal or
provincial regulations, by-laws or codes, the higher or more stringent requirements
shall prevail.
(c)
Deleted - (C-Dec 18/89;E-Jan 13/90)
Planning Districts 14 and 17 LUB
Page 27
4.3
SEWAGE DISPOSAL AND WATER SYSTEMS
Where any lot is developed with a septic tank and disposal field, the minimum on-site
requirements of this By-law shall apply for the purpose of obtaining a development permit.
For the purpose of obtaining a permit for the installation of a septic tank and disposal field
(RC-Oct 23/12;E-Jan 13/12), the regulations of the Department of Health shall prevail.
4.4
ONE MAIN BUILDING ON A LOT
Not more than one (1) main building shall be permitted on a lot within any zone except
that, provided the use is permitted by the zone, the following shall be exempt:
(a)
any building within a RLRC (RC-Mar 5/19;E-Apr 6/19), C-4, I-3, CI (RC-Feb
15/22;E-Apr 9/22) , GI (RC-Feb 15/22;E-Apr 9/22), AE-1, AE-2, AE-3, AE-4
or AE-H Zone or on the property shown on Schedule K (RC-Oct 23/12;E-Jan
12/13);
(b)
a building for a business use in conjunction with a dwelling;
(c)
a building for the keeping of animals;
(d)
a building for resource uses; and
(e)
a building for park and conservation uses. (MC-Mar 28/94;SCC-Apr 12/94;E-
May 7/94)
4.5
EXISTING UNDERSIZED LOTS
(a)
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.
(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-Dec 18/89;E-Jan 13/90).
4.6
EXISTING USES
Except as may be stated elsewhere ln this By-law, the uses listed below shall be permitted
as existing uses within any zone, or as specified (RC-Oct 23/12;E-Jan 12/13) subject to
the following:
(a)
Existing mobile dwelling units may be altered or replaced.
(b)
Existing mobile home parks shall be permitted to the extent that they are described
within any license issued pursuant to the Mobile dome Park By-law.
(c)
Existing two unit dwellings may be replaced, altered, or enlarged provided
that there is no increase in the number of dwelling units and any change to the
dimensions or location of the building conforms with the requirements of
Section 7.2 of this by-law. Any accessory building or structure shall conform
Planning Districts 14 and 17 LUB
Page 28
with the requirements of Section 4.11. (MC-Dec 19/94;SCC-Jan 10/95;E-Feb
4/95)
(d)
Existing industrial and commercial uses are permitted to the extent that they
presently exist and may be rebuilt or altered but no alteration shall be permitted
which would increase the area of any building devoted to the use.
(e)
Existing accessory business office, (deletion MC-Mar 28/94;SCC-Apr 12/94;E-
May 7/94) and forestry uses may be altered or replaced with a similar use except
that no such alteration or replacement shall provide more than a ten (10) percent
increase in the area of any building occupied by the use.
(f)
Existing scrap and salvage operations shall be permitted to the extent of the area
defined in any licence issued by the Public Utilities Board and any additions,
alterations or structures normal and incidental to the operation of the scrap or yard
shall be permitted within the area defined by the license.
(g)
Existing commercial recreation uses are permitted to the extent that they
presently exist and no expansion or enlargement to any main building or area
of land devoted to the use shall be permitted. New accessory buildings, or the
expansion or replacement of existing accessory buildings, shall be permitted
subject to the requirements of Section 4.11. (MC-Mar 14/94;SCC-Apr 12/94;E-
May 7/94)
(h)
Existing agricultural uses are permitted to expand subject to compliance with
the requirements for agricultural uses under Part 10. (MC-Mar 28/94;SCC-
Apr 12/94;E-May 7/94)
(i)
Existing multiple unit dwellings may be replaced, altered, renovated, and the
number of dwelling units increased, provided that there are is no enlargement,
or increase to the gross floor area of the existing building. Any accessory
building or structure shall conform with the requirements of Section 4.11.
(MC-Dec 19/94;SCC-Jan 10/95;E-Feb 4/95)
(j)
Existing service stations that were lawfully constructed prior to the first notice
of the intention to adopt the Canal Court, Village Mainstreet or Village
Gateway Zones are a permitted use within those zones. (RC-Oct 23/12;E-Jan
12/13)
(k)
The Existing Multiple Unit Dwelling situated at 21 MacPherson Road and
identified on Schedule L may be expanded for the creation of a maximum of 5
additional residential units or may contain a maximum of 2000 square feet
(185.8 m2) of floor space for commercial uses on the ground floor of the
Dwelling. (RC-Oct 23/12;E-Jan 12/13)
4.6A REDUCED FRONTAGE OR AREA
(a)
Any lot created pursuant to Section 98 of the Planning Act and any lot created
pursuant to PART 14 (C-Dec 18/89;E-Jan 13/90) of the Subdivision By-law may
be used for any purpose permitted in the zone in which the lot is located and a
development permit may be issued and a building may be erected on the lot,
provided that all other applicable provisions of this By-law are satisfied.
(b)
Notwithstanding the 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
Planning Districts 14 and 17 LUB
Page 29
permitted provided all other applicable provisions of this By-law are satisfied.
(RC-Jan 10/17;E-Feb 25/17)
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
EXISTING BUILDINGS
Where a building has been erected on or before the effective date of this By-law, on A lot
having less than the minimum frontage, area, or depth, or having less than the minimum
setback or side yard or rear yard required by this By-law, the building Day be enlarged,
reconstructed, repaired or renovated provided that:
(a)
the enlargement, reconstruction, repair or renovation does not further reduce the
front yard or side yard that does not conform to this By-law; and
(b)
all other applicable provisions of this By-law are satisfied.
4.9
NON CONFORMING USES (RC-Oct 23/12;E-Jan 12/13)
Non-conforming uses shall be subject to the applicable provisions of the Halifax
Regional Municipality Charter.
4.9A Notwithstanding section 4.9, where a self storage facility has been established on the
property shown on Schedule M pursuant to the provisions of the HRM Charter, the
facility may not be expanded or altered so as to increase the volume of the facility
capable of being occupied, except as required by another Act of the Legislature but it
may be repaired or rebuilt, if destroyed or damaged by fire or otherwise to the extent
that it existed before being destroyed or damaged, provided all other requirements of
this by-law are satisfied. (RC-Oct 23/12;E-Jan 12/13)
4.10
ACCESSORY USES AND BUILDINGS (MC/SCC-Jun 26/95;E-Jul 22/95)
Provisions made under this by-law to permit uses, buildings, and structures shall,
unless otherwise stated by this by-law, also be deemed to include any accessory uses
buildings or structures provided that:
(a)
the accessory use, building, or structure is located within the same zone as the
principal building or use it is intended to serve or is located within an abutting
zone in which the principal use or building is permitted;
(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.
Planning Districts 14 and 17 LUB
Page 30
4.10A ACCESSORY HEN USE (RC- Oct 05/21; E-Jan 08/22)
An accessory hen use is permitted in conjunction with a residential use in all zones
subject to the following provisions:
(a) The maximum number of hens permitted on a lot shall be:
i. a maximum of 10 hens on lots less than 4,000 square metres in size;
ii. a maximum of 15 hens on lots 4,000 square metres and over but less
than 6,000 square metres in size;
iii. a maximum of 20 hens on lots 6,000 square metres and over but less
than 10,000 square metres in size;
iv. a maximum of 25 hens on lots 10,000 square metres or greater in
size;
(b) Hens shall be contained within an accessory building or a fenced area that:
i. is located in a rear yard;
ii. is setback the minimum distance that is required for a main building,
on the subject lot, from a wetland or watercourse;
iii. subject to 4.10A(b)(iv), meets the requirements for accessory buildings
under this by-law; and
iv. is setback a minimum of 1 metre from any side or rear lot line.
(c) The following are not permitted:
i. On-site slaughtering or euthanizing of hens; and
ii. The sale of eggs, meat or hens.
4.11
ACCESSORY BUILDINGS
(a)
Accessory uses, buildings and structures shall be permitted in any zone but shall
not:
(i)
be used for human habitation except where a dwelling is a permitted
accessory use;
(ii)
be built closer to the front lot line than the minimum distance required for
the main building or be built closer than eight (8) feet (2.4 m) to any other
lot line except that:
1.
in any Residential Zone, garages which are accessory to dwellings
shall be a minimum of four (4) feet (1.2 m) from any side or rear lot
line;
2.
common semi-detached garages Day be centred on the mutual side
lot line;
3.
boat houses, boat docks and float plane hangars may be built to the
lot line when the line corresponds to the high water Dark;
4.
accessory buildings and structures in a P-2 (Community Facility)
Zone shall not be built closer to any side or rear lot line than ten (10)
feet (3.0 m) or one half (2) the height of such building or structure,
whichever is the greater; and
5.
accessory structures shall be permitted to be constructed within the
front yard of an AE-1 (AeroTech Core) Zone and AE-2 (General
Airport) Zone, but shall not be permitted within the minimum
required front yard.
Planning Districts 14 and 17 LUB
Page 31
(iii)
Exceed a height of:
1.
Deleted (RC-Dec 11/25;E-Feb 2/26)
2.
twenty five (25) feet (7.7m) (RC-Dec 11/25;E-Feb 2/26) in any R-
1A, (RC-Dec 11/25;E-Feb 2/26) R-1B, R-IC, R-1D, RLRC (RC-
Mar 5/19;E-Apr 6/19), CC, VMS, or VG (RC-Oct 23/12;E-Jan
12/13) zone;
3.
thirty five (35) feet (10.7 m) in any R-6 or R-7 zone;
(iv)
Exceed a footprint (RC-Dec 11/25;E-Feb 2/26) of:
1.
one thousand (1,000) square feet (93 square metres) (RC-May
23/24;E-June 13/24) in any R-1A, R-1B, R-1C or R-1D zone; or
2.
one thousand (1,000) square feet in any R-6 or RLRC (RC-Mar
5/19;E-Apr 6/19), R-1E zone. (C-Jun 29/93;M-Aug 6/92)
3.
Four hundred (400) square feet or (37.1 m) in any CC Zone;
(RC-Oct 23/12;E-Jan 12/13)
4.
Eight hundred square feet or (74.3 m) in the VMS Zone; (RC-
Oct 23/12;E-Jan 12/13)
(v)
(deletion - MC-Mar 28/94;SCC-Apr 12/94;E-May 7/94)
(vi)
Be built within eight (8) feet (2.4 m) of the main building within any
Residential Zone or CC Zone (RC-Oct 23/12;E-Jan 12/13) or twelve (12)
feet (3.7 D) in any other zone.
(vii)
be used for the keeping of livestock, except where agriculture is a
permitted use. (C-Aug 27/90;E-Sep 22/90)
(b)
Notwithstanding anything else in this By-law, drop awnings, clothes poles, flag
poles, garden trellises, fences end 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)
4.11AA SHIPPING CONTAINERS (RC-Dec 11/25;E-Feb 2/26)
(a)
Shipping containers shall be prohibited.
(b)
Notwithstanding subsection (a), non-residential temporary construction
shipping containers are permitted subject to Section 4.12.
(c)
Notwithstanding subsection (a), temporary residential shipping containers
are permitted subject to Section 4.12.
(d)
Notwithstanding subsection (a), shipping containers are permitted as a
dwelling subject to the applicable zone standards for dwellings.
(e)
Notwithstanding subsection (a), shipping containers are permitted as a
backyard suite subject to the applicable requirements for backyard suites.
4.11A 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 or a
townhouse dwelling subject to the following provisions:
Planning Districts 14 and 17 LUB
Page 32
(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 that contains a secondary suite shall not be
considered a multiple unit dwelling;
(iv)
Notwithstanding the parking requirements of Section 4.25 additional
off-street parking shall not be required; and
(v)
A secondary suite shall be permitted accessory to a non-conforming
structure for residential use, except where no residential uses are
permitted in the zone. (RC-May 23/24;E-June 13/24)
(b)
BACKYARD SUITES
Backyard suites shall be permitted accessory to a single unit dwelling, a mobile
dwelling, (RC-Dec 11/25;E-Feb 2/26) a two unit 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 building requirements as
set out in Sections 4.10 and 4.11;
(iv)
The gross (RC-May 23/24;E-June 13/24) floor area of a backyard suite
shall not exceed 1,000 square feet (93.0 square metres) (RC-May
23/24;E-June 13/24);
(v)
Notwithstanding the parking requirements of Section 4.25 additional
off-street parking shall not be required;
(vi)
A backyard suite shall be permitted accessory to a non-conforming
structure for residential use, except where no residential uses are
permitted in the zone (RC-May 23/24;E-June 13/24);
(vii)
A backyard suite must be located on the same lot as the main dwelling
unit;
(viii)
A backyard suite shall have unobstructed access that
(A)
connects the backyard suite to a street,
(B)
is located on the same lot on which the backyard suite is located,
and
(C)
has a minimum width of 1.1 metres; and
(RC-May 23/24;E-June 13/24)
(ix)
A non-conforming accessory building may be converted to a backyard
suite if the gross (RC-Dec 11/25;E-Feb 2/26) floor area of the backyard
suite does not exceed 1,000 square feet (93 square metres). (RC-May
23/24;E-June 13/24)
4.12
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
Planning Districts 14 and 17 LUB
Page 33
construction in progress, such as a work camp or construction camp, mobile
home, sales or rental office, tool or maintenance shed or scaffold, including a
shipping container which serves as one of the foregoing, except as a mobile
home, sales or rental offices, provided that a development permit has been
issued.
(ab)
Temporary buildings or structures for a work camp or construction camp are
permitted on the worksite or on a lot which directly abuts or is directly across
a public street or highway, private road or private right-of-way from the
worksite. Any other temporary construction uses must be located on the
worksite. (RC-Dec 11/25;E-Feb 2/26)
(b)
A rock crusher may be used at the site of a demolition of a structure or
building, the site of construction of primary or secondary services pursuant to
the Regional Subdivision By-law, or at the site of development permitted
pursuant to this By-law, provided a development permit has been issued for
such use.
(c)
A development permit may only be issued for the temporary use of a rock
crusher.
(d)
A development permit issued for the use of a temporary rock crusher accessory
to demolition of a structure or building pursuant to this By-law or a
development pursuant to this By-law shall be valid for any period specified not
exceeding sixty (60) days. A development permit issued under this clause may
be renewed for a period not to exceed thirty (30) days at a time, if a
development officer determines that an extension of the period is necessary.
No rock crusher shall be located or used within three (3) metres of any
property boundary.
(e)
A development permit issued for the use of a temporary rock crusher accessory
to the construction of primary or secondary services pursuant to the Regional
Subdivision By-law shall be valid for any period which does not exceed the
construction time schedule specified in the subdivision agreement. No rock
crusher for which a permit has been issued under this clause shall be located
or used within sixty (60) metres of any building used for residential or
institutional purposes; with the exception of fire stations, police stations, public
works facilities, cemeteries, historic sites and monuments, and recreational
trails where no rock crusher shall be located or used within three (3) metres of
any property boundary.
(f)
Notwithstanding any other provision of this By-law, a temporary rock crusher
accessory to construction in progress shall not be used to process material for
export to another site nor to process material imported to the site.
(g)
A temporary rock crusher may be used as an accessory to demolition in
progress to process demolished material for export to another site subject to
disposal in accordance with the requirements of this By-law and the C&D
Materials Recycling and Disposal License By-law.
4.13
VEHICLE BODIES
No truck, bus, coach, 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
Planning Districts 14 and 17 LUB
Page 34
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)
4.14
RESTORATION TO A SAFE CONDITION
Nothing in this By-law shall prevent the strengthening or restoring to a safe condition of
any building or structure, provided that in the case of a non-conforming use, the provisions
of Sections 83 to 87 of the Planning Act shall prevail.
4.15
BUILDING TO BE MOVED
No building, residential or otherwise, shall be moved within or into the area covered by
this By-law without obtaining a development permit from the Development Officer.
4.16
HEIGHT REGULATIONS
The height regulations of this By-law shall not apply to church spires, water tanks, elevator
enclosures, silos, flagpoles, television or radio antennae, ventilators, skylights, barns,
chimneys, clock towers, windmills (RC-Aug 16/11;E-Oct 29/11) or solar collectors.
4.17
WATERCOURSE SETBACKS AND BUFFERS (RC-Jun 25/14;E-Oct 18/14)
(1)
(a)
No development permit shall be issued for any development within 20m
of the ordinary highwater mark of any watercourse, except on lots
zoned R-1C.
(b)
Where the average positive slopes within the 20m buffer are greater
than 20%, the buffer shall be increased by 1 metre for each additional
2% of slope, to a maximum of 60m.
(c)
Within the required buffer pursuant to clauses (a) and (b), no
excavation, infilling, tree, stump and other vegetation removal or any
alteration of any kind shall be permitted in relation to a development.
(d)
Within the required buffer pursuant to clauses (a) and (b), activity shall
be limited to the placement of one accessory structure or one attached
deck not exceeding a footprint of 20 m2 or a combination of an
accessory structure and attached deck not exceeding 20 m2 , fences,
boardwalks, walkways and trails not exceeding 3 metres in width,
wharfs, boat ramps, marine dependent uses, fisheries uses, conservation
uses, parks on public lands, historic sites and monuments, and public
road crossings, driveway crossings and wastewater, storm and water
infrastructure, and water control structures.
(e)
Notwithstanding clause (a), the required buffer for construction and
demolition operations shall be as specified under the applicable CD
Zone.
(f)
Within the buffer required pursuant to clause (e), no excavation,
infilling, tree, stump and other vegetation removal or any alteration of
any kind shall be permitted in relation to a development.
Planning Districts 14 and 17 LUB
Page 35
(2)
Notwithstanding subsection (1), where an existing residential main building is
located within the required buffer, accessory structures, subject to meeting
other requirements of this by-law, shall be permitted provided they are located
no closer to the watercourse than the existing main building.
(3)
Where the configuration of any existing lot, including lots approved as a result
of completed tentative and final subdivisions applications on file prior to
August 26, 2006, is such that no main building could be located on the lot, the
buffer distance shall be reduced in a manner which would provide the greatest
possible separation from a watercourse having regard to other yard
requirements.
(4)
Notwithstanding subsection (1), nothing in this by-law shall prohibit the
removal of windblown, diseased or dead trees, deemed to be hazardous or
unsafe.
(5)
Notwithstanding subsection (1), the selective removal of vegetation to maintain
the overall health of the buffer may be authorized by the Development Officer
where a management plan is submitted by a qualified arborist, landscape
architect, forester or forestry technician.
(6)
Every application for a development permit for a building or structure to be
erected pursuant to this section, shall be accompanied by plans drawn to an
appropriate scale showing the required buffers, existing vegetation limits and
contours and other information including professional opinions, as the
Development Officer may require, to determine that the proposed building or
structure will meet the requirements of this section.
4.18
REDUCED FRONTAGE ON A CURVE
Where the front lot line of any lot is curved line, a minimum lot width which is equal to
the minimum lot frontage required by this Bylaw shall be required in lieu of such minimum
lot frontage. For the purpose of this Section, such minimum lot width shall be measured
along a horizontal line between the side lot lines, which line is perpendicular to a line or
the extension of a line joining the midpoint of the chord of the curved line with the apex of
the triangle formed by the side lot lines and which line is equidistant from the front lot line
as is the minimum applicable front yard required by this Bylaw. For the purposed of this
Section, the chord of the curved line shall be straight line joining the two points where the
side lot lines intersect the front lot line.
4.19
DAYLIGHTING TRIANGLE
On a corner lot, a fence, sign, hedge, shrub, bush or tree or any other structure or vegetation
shall not be erected or permitted to grow to a height more than two (2) feet (.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.
Planning Districts 14 and 17 LUB
Page 36
4.20
PERMITTED ENCROACHMENTS
Every part of any yard required by this By-law shall be open and unobstructed by any
structure except to permit uses or encroachments subject to the following provisions:
(a)
Uncovered patios, walkways or steps may be located in any yard.
(b)
There may be erected or maintained in any yard, the usual projections of sill,
cornices, eaves, gutters, chimneys, pilasters, canopies or other architectural
features, provided that no such structure or feature shall project more than two (2)
feet (.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 staircases, balconies, porches, verandas and sundecks shall not be
permitted to project into any required yard.
(e)
The provisions of this Section shall not restrict the location of ornamental planting
or landscaping in any yard unless otherwise indicated in this By-law.
4.21
YARD EXCEPTION
Where, in this By-law, a front, side or rear yard is required and part of the area of the lot is
usually covered by water or marsh or is beyond the rim of a river bank or water course, or
between the top and toe of a cliff or embankment having a slope of fifteen (15) percent or
more from the horizontal, than the required yard shall be measured from the nearest main
wall of the main building or structure on the lot to the edge of the said area covered by
water or marsh, or to the top of the said cliff or embankment if such area is closer than the
lot is.
4.22
ZERO LOT LINE
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).
4.23
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.
4.24
COMMERCIAL MOTOR VEHICLES
Not more than one commercial vehicle other than a school bus shall be kept on any lot in
any Residential Zone other than the R-6 and R-7 Zones, and no such vehicle shall exceed
a registered vehicle weight of five (5) tons nor be kept less than ten (10) feet (3 m) from
any front lot line.
Planning Districts 14 and 17 LUB
Page 37
4.25
PARKING REQUIREMENTS
(a)
The provisions of Sections 4.25, 4.26 and 4.27 shall not apply within any AE-1
(AeroTech Core), AE-2 (General Airport), AE-3 (AeroTech Commercial) or the
AE-H (AeroTech Holding) Zone.
(b)
For every building or structure to be erected or enlarged, off-street parking located
within the same zone as the use and having unobstructed access to a public street
shall be provided and maintained in conformity with the following schedule, except
where any parking requirement is specifically included elsewhere in this By-law.
Where the total required spaces for any use is not a whole number, the total spaces
required by this Section or by other specific sections shall be the next largest whole
number.
USE
PARKING REQUIREMENT
Any dwelling except as specified
below
1 space per dwelling unit
Multiple unit dwellings
1.5 spaces per dwelling unit
Shared housing use (RC-Aug 9/22;E-Sep 15/22) 0 spaces
USE
PARKING REQUIREMENT
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
(aa) exceeding 5,000 square feet
5.0 spaces per 1,000 square feet
(464.5 m2) of gross floor area in the
(92.9 m2) of gross floor area
CC, VC CDD, VM, VG and RCDD Zones
(RC-Oct 23/12;E-Jan 12/13)
(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
(bb) not exceeding 5,000 square feet
3.0 spaces per 1,000 square feet
(464.5 m2) of gross floor area in the
(92.9 m2) of gross floor area
CC, VC CDD, VM, VG and RCDD Zones
(RC-Oct 23/12;E-Jan 12/13)
Banks, financial institutions and
3.3 spaces per 1,000 square feet
general offices
(92.9 m2) of gross floor area
Banks, financial institutions and
3.0 spaces per 1,000 square feet
general offices in CC, VC CDD, VM,
(92.9 m2) of gross floor area
VG and RCDD Zones
(RC-Oct 23/12;E-Jan 12/13)
Motels, hotels, and short-term bedroom
1 space per sleeping unit plus
rentals (RC-Feb 21/23;E-Sep 1/23)
requirements for restaurants or other
facilities contained therein
Restaurants - Drive-In
27 spaces per 1000 square feet
(92.9 m2) of gross floor area
Restaurants - Full Service
20 spaces per 1000 square feet
(92.9 m2) of gross floor area
Planning Districts 14 and 17 LUB
Page 38
USE
PARKING REQUIREMENT
Restaurants - Take-Out:
(a) exceeding 300 square
16 spaces per 1000 square feet
feet (28 m2) of gross
(92.9 m2) of gross floor area
floor area
(b) not exceeding 300 square
feet (28 m2) of gross floor
area (C-Feb 10/93;E-Mar 7/92)
5 spaces
Lounges, taverns and
the greater of one space per 3 seats
beverage rooms
or 1 space per 100 square feet (10
(Deletion -Feb 10/93;E-Mar 7/92)
m2) of gross floor area
Theatres
1 space per 5 seats
Institutional uses except as otherwise
the greater of 1 space per 4
specified (RC-Aug 9/22;E-Sep 15/22)
seats, where there are fixed seats
and 1 space per 100 square feet (9.3
m2) of gross floor area where there
are no fixed seats, or 1 space per 4
persons which can be
accommodated at any one time
Government offices
4.5 spaces per 1,000 square feet (92.9
m2) of gross floor area
Schools
3 spaces per classroom plus space per
20 high school students
Hospitals
2 spaces per bed
Day care facilities
1.5 spaces per 400 square feet (37.2
m2) of gross floor area
Medical clinics and offices of any
3 spaces per consulting room
health practitioner
(MDVCCC&HECC-Jan 10/08;E-
Jan 26/08)
Funeral homes
15 spaces
Warehouses, transport terminals or
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
Health and wellness centres:
(RC-Jun 17/03;E-Jun 20/03)
(a) exceeding 2,000 square feet
5 spaces per 1,000 square feet
(464.5 m2) of gross floor area
(92.9 m2)) of gross floor area
(b) not exceeding 2,000 square feet
3.3 spaces per 1,000 square feet
(464.5 m2) of gross floor area
(92.9 m2)) of gross floor area
Any use not specified above
3.3 spaces per 1,000 square feet
(92.9 m2) of gross floor area
(c)
Reserved Spaces for the Mobility Disabled
Notwithstanding subsection (b) (RC-Aug 9/22;E-Sep 15/22) above, reserved parking
spaces for the mobility disabled shall be provided as an addition to the required spaces in
conformity with the following schedule:
Planning Districts 14 and 17 LUB
Page 39
USE
PARKING REQUIREMENT
Medical Clinics and offices of any
1 reserved parking space for the
health practitioner
mobility disabled per 5-15 parking
spaces required;
1 additional space for each additional
15 required spaces or part thereof to
a maximum of 10
Multiple Dwellings
1 reserved parking space per 30 units
to a maximum of 10
Restaurants and Theatres
1 reserved parking space per 50 seats
to a maximum of 10
All other uses excluding fire
1 reserved parking space for the
stations and any a retail function
mobility disabled per 15-100
parking industrial use which does not
have spaces required;
1 additional space for each additional
100 required spaces or part thereof,
to a maximum of 10
(ca)
Notwithstanding subsections (b) and (c), there shall be no required parking for
residential uses within the Urban Service Area. (RC-Dec 11/25;E-Feb 2/26)
(d)
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;
(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 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.
4.26
STANDARDS FOR PARKING LOTS
(1)
Where a parking lot for more than four (4) vehicles is required or permitted:
(a)
Subject to subsection (2) of this Section (RC-Oct 23/12;E-Jan 12/13),
the lot shall be maintained with a stable surface that is treated to prevent the
raising of dust or loose particles;
(b)
the lights used for illumination of the lot shall be so arranged as to divert
the light away from streets, adjacent lots and buildings and no lighting
standard shall exceed twenty five (25) feet in height.
(c)
a structure, not more than fifteen (15) feet (4.6 m) Ln height and not more
than fifty (50) square feet (5 m) Ln area may be erected Ln the lot for the
use of attendants;
Planning Districts 14 and 17 LUB
Page 40
(d)
Subject to clause (dd) (RC-Oct 23/12;E-Jan 12/13), the lot shall be within
three hundred (300) feet (91.4 m) of the location which it is Indented to
serve and shall be situated in the same zone;
(dd)
Notwithstanding clause (d), within the CC Zone, the lot shall be within
four hundred (400) feet (121.9 m) of the location which it is intended to
serve and shall be situated in the CC Zone; (RC-Oct 23/12;E-Jan 12/13)
(e)
no gasoline pumps or other service station equipment shall be located or
maintained on the parking lot;
(f)
approaches or driveways to the lot shall be defined by a curb of concrete or
rolled asphalt and the limits of the lot shall be defined by a fence, curb or
other suitable obstruction designed to provide a neat appearance; in
addition, the location of approaches or driveways shall be not closer than
fifty (50) feet (15.2 m) from the limits of the right-of-way at a street
intersection;
(g)
where an approach or driveway within a commercial zone is intended to
serve a business use, the driveway surface shall be set the same grade as the
road within the public road right of way and shall be lower than any side
walk;
(h)
entrance and exit ramps to the lot shall not exceed two (2) in number and
each such ramp shall be a width of twenty-five (25) feet (7.6 m) at the street
line and edge of pavement; and
(i)
the width of a driveway leading to a parking lot or loading space, or of a
driveway or aisle Ln 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 thirty (30) feet (9.1 m).
(2)
Notwithstanding Section 4.26 (1) (a), all parking areas in the RLRC (RC-Mar
5/19;E-Apr 6/19), CC, VMS, VC-CDD, VG and RCDD zones including
driveways and maneuvering areas shall:
(a)
be maintained with a permanent hard surface;
(b)
be defined by a concrete curb, ornamental brick, or paint; and
(c)
provide maneuvering areas to permit vehicles to leave the property in
a forward motion.
(RC-Oct 23/12;E-Jan 12/13)
(3)
Where a parking lot for more than ten (10) but less than twenty-one (21)
vehicles is required or permitted in the RLRC (RC-Mar 5/19;E-Apr 6/19), CC,
VMS, VC-CDD, VG and RCDD zones the following provisions shall apply in
addition to the provisions outlined in Sections 4.26 (1) and (2):
(a)
Curbs, decorative stone, paint or other appropriate methods of
delineating a pedestrian right of way shall be provided to ensure safety
between pedestrian and vehicular movements in all parking lots, and
(b)
Curbs, decorative stone, paint or other appropriate methods of
delineating landscaping areas shall be provided to prevent damage
from vehicles, to separate planting areas from pedestrian pathways,
and to prevent soil and other landscape material from spreading over
adjacent surfaces.
Planning Districts 14 and 17 LUB
Page 41
(RC-Oct 23/12;E-Jan 12/13)
(4)
Where a parking lot for more than twenty (20) vehicles is required or
permitted in the RLRC (RC-Mar 5/19;E-Apr 6/19), CC, VMS, VC-CDD, VG
and RCDD zones, in addition to the provisions outlined in Sections 4.26 (1) (2)
and (3), the following provisions shall apply:
(a)
Parking lots shall have ten (10) percent of their area landscaped with
vegetation;
(b)
Shrubs and one tree for every five parking spaces shall be incorporated
within the parking lot in consolidated planting areas such as
landscaped islands, medians, and bio-retention areas and vegetated
islands; and
(c)
Landscaped islands shall be installed within the parking lot at a rate of
one island for every 20 parking spaces. Each island shall contain shall
contain at least one (1) high-branching deciduous shade and include
non-invasive
shrubs,
perennials,
ornamental
grasses
and/or
groundcover.
(RC-Oct 23/12;E-Jan 12/13)
4.27
LOADING SPACE REQUIREMENTS
(a)
In any zone, no person shall erect or use any building or structure for manufacturing,
storage or warehousing, or as a recall or wholesale store, or as a freight or passenger
terminal, or for any other use involving the frequent shipping, loading or unloading
of persons, animals or goods, unless there is maintained on the same premises with
every such use, one off-street space for standing, loading and unloading for every
twenty thousand (20,000) square feet (1858 m2) or fraction thereof of gross floor
area used for such purposes to a maximum of six (6) loading spaces.
(b)
The provisions of a loading space for any building with less than fifteen hundred
(1,500) square feet (139.3 m2) shall be optional.
(c)
Each loading space shall be at least twelve (12) feet (3.7 m) by twenty-five (25) feet
(7.6 m) with a minimum of fourteen (14) feet (4.3 m) height clearance.
(d)
loading space areas, including driveways leading thereunto, shall be constructed of
and maintained with a stable surface which is treated so as to prevent the raising of
dust or loose particles.
4.28
ACCESS REQUIREMENTS
(a)
Within the C-2 (Community Centre), CC (Canal Court), VMS (Village Main
street), VG (Village Gateway), and FRB (Fall River Business) Zones (RC-Oct
23/12;E-Jan 12/13) no driveway access shall be permitted from any commercial use
to any road other than:
(i)
Fall River Road;
(ii)
Highway #2;
(iii)
McPherson Road;
(iv)
Highway #318;
(v)
Cobequid Road;
(vii)
Lockview Road;
Planning Districts 14 and 17 LUB
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(vii)
Miller Lake Road;
(viii)
Old School Road;
(ix)
Church Street;
(x)
Perrin Drive; and (RC-Oct 23/12;E-Jan 12/13)
(xi)
Falls Run (RC-Oct 23/12;E-Jan 12/13)
(b)
Notwithstanding Subsection (a), where a corner lot is located within the C-2
(Community Centre), CC (Canal Court), VMS (Village Main Street), VG
(Village Gateway), FRB (Fall River Business), or VC-CDD (Village Core
Comprehensive Development District) Zones (RC-Oct 23/12;E-Jan 12/13) one
access may be permitted from the side street and no such access shall be located
any closer than fifty (50) feet (15.2 m) from the intersection nor shall the driveway
be any wider than twenty-five (25) feet (7.6 m);
(c)
No commercial access shall be wider than thirty (30) feet (9.1 m) and no more than
one driveway shall be permitted for any commercial lot except where there is more
than one hundred (100) feet (30.5 m) of frontage, in which case one additional
access may be permitted for each additional two hundred (200) feet (61 m) of
frontage.
4.29
FRONTAGE ON A STREET
No development permit shall be issued unless the lot or parcel intended to be used or upon
which the building or structure is to be erected abuts and fronts upon a public street or
highway, a private road for which a tentative application had been submitted prior to the
effective date of this by-law, or a road listed in Schedule "A" of the Subdivision By-law
for Halifax County.
4.30
USES PERMITTED ON PRIVATE ROADS AND SCHEDULE 'A ROADS
Notwithstanding anything else in this By-law, development on private roads, and roads
listed ln Schedule "A" of the Subdivision By-law, shall be restricted to residential, open
space, and resource uses.
4.31
COMPOSTING OPERATIONS (MC-Feb 26/96;M-Mar 28/96)
No development permit shall be issued for a composting operation except in
compliance with the following provisions:
(a)
the use shall not be obnoxious or create a nuisance;
(b)
a composting operation shall meet the following separation distances:
(i)
from any property line
328 feet (100 m)
(ii)
from the nearest:
1.
residential dwelling
1,640 feet (500 m)
2.
community facility use
1,640 feet (500 m)
3.
commercial or industrial
building
984 feet (300 m)
(iii)
from a watercourse
328 feet (100 m)
(c)
notwithstanding any other provisions of this by-law, composting operations
may occur either inside or outside of a building; and
Planning Districts 14 and 17 LUB
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(d)
a composting operation shall not have direct access to either a local or
subdivision road, as determined by the Municipality's Engineering and Works
Department and any access road for such operations shall not occur through
lands zoned for residential use (R-1A, R-1B, R-1C, R-1D, and R-1E Zones).
4.32
SCHEDULE C - AREAS OF ELEVATED ARCHAEOLOGICAL POTENTIAL (RC-Jun
25/14;E-Oct 18/14)
Where excavation is required for a development on any area identified on Schedule
C attached to this by-law, a development permit may be issued and the application
may be referred to the Nova Scotia Department of Communities, Culture and
Heritage, Heritage Division for any action it deems necessary with respect to the
preservation of archaeological resources in accordance with provincial requirements.
4.33
SCHEDULE D - WETLANDS (RC-Jun 25/14;E-Oct 18/14)
Every application for a development permit shall be accompanied by plans, drawn to
an appropriate scale, showing the location of all wetlands identified on Schedule D
attached to this by-law, within and adjacent to the lot. Notwithstanding any other
provision of this by-law, no development of any kind shall be permitted within any
such wetland.
4.34
WIND ENERGY FACILITIES (RC-Jun 25/14;E-Oct 18/14)
The use of windmills or wind turbines to produce electricity or for any other purpose
shall be regulated in accordance with the provisions of this Section.
I
DEFINITIONS
For the purposes of this Section, certain terms are defined as follows:
a)
"Habitable Building" means a dwelling unit, hospital, hotel, motel, shared
housing use (RC-Aug 9/22;E-Sep 15/22) or other building where a person lives
or which contains overnight accommodations.
b)
"Nacelle" means the frame and housing at the top of the tower that encloses
the gearbox and generator.
c)
"Nameplate Capacity" means the manufacturer's maximum rated output of
the electrical generator found in the nacelle of the wind turbine;
d)
"Total Rated Capacity" means the maximum rated output of all the electrical
generators found in the nacelles of the wind turbines used to form a wind
energy facility;
e)
"Tower Height" means the distance measured from grade at the established
grade of the tower to the highest point of the turbine rotor or tip of the turbine
blade when it reaches its highest elevation, or in the case of a roof mounted
wind turbine the distance measured from the lowest point of established grade
at the building's foundation to the highest point of the turbine rotor or tip of
the turbine blade when it reaches its highest elevation;
Planning Districts 14 and 17 LUB
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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 E - Wind Energy Zoning. Such zones are:
(UW-1) Urban Wind Zone
(RW-2) Rural Wind Zone
(R) Restricted Zone
a)
URBAN WIND ZONE (UW-1)
i)
All Wind Energy Facilities, except Large Facilities, are permitted in the
Urban Wind Zone (UW-1).
ii)
All turbine towers in the UW-1 Zone shall have a minimum distance
between turbines equal to the height of the tallest tower.
iii)
All turbine towers in the UW-1 Zone shall be set back a minimum
distance of 1.0 times the tower height from any adjacent property
boundary,
Planning Districts 14 and 17 LUB
Page 45
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
(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.
Planning Districts 14 and 17 LUB
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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 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)
Planning Districts 14 and 17 LUB
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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 14/17 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
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
buildings under this By-law.
Planning Districts 14 and 17 LUB
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IX
SCHEDULES
a)
Schedule E - Wind Energy Zoning
4.35
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.
4.36 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).
4.37 SHORT-TERM RENTALS (RC-Feb 21/23;E-Sep 1/23)
a)
Short-term Rentals accessory to a residential use shall be permitted in all zones
provided that the dwelling unit is the primary residence of the short-term
rental operator.
b)
Short-term Bedroom Rentals accessory to a residential use shall be permitted
in all zones, subject to the following additional provisions:
i)
The short-term bedroom rental shall be wholly contained within the
dwelling unit which is the primary residence of the operator of the
rental;
ii)
Not more than three (3) bedrooms, or the maximum number of
bedrooms specified in the zone, may be rented as a short-term bedroom
rental at the same time;
iii)
The operator of the short-term bedroom rental resides on site while any
bedrooms are rented;
iv)
No window display and not more than one (1) business sign shall be
permitted and no such sign shall exceed four (4) square feet (0.4 m2) in
area; and
v)
One off-street parking space in addition to that required for the
dwelling shall be provided for each bedroom to be rented.
c)
Notwithstanding a) and b) above, one dwelling unit per lot may be used as a
short-term rental, provided all other requirements of the Land Use By-law are
met. (RC-Dec 11/25;E-Feb 2/26)
4.38 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 that are located outside of the Urban Service Area for the
Planning Districts 14 and 17 LUB
Page 49
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 14 and 17 LUB
Page 50
PART 5:
SIGNS AND ARCHITECTURAL REQUIREMENTS (RC-Oct 23/12;E-Jan
12/13)
5.1
GENERAL
(a)
Where this part is inconsistent with the regulations respecting advertising signs on
or near public highways, made or administered by the Department of
Transportation, the more restrictive regulations shall apply.
(b)
No person shall erect a sign according to the provisions of Section 5.3 except where
a development permit has been issued, and no permit to erect a sign shall be issued
unless all the sign provisions of this By-law are satisfied.
(c)
The provisions of Part 5 shall not apply within any AE-l (AeroTech Core), AE-3
(AeroTech Commercial) or AE-H (AeroTech Holding) Zone.
(d)
The provisions of Section 5.1AA shall apply, in addition to all other provisions
of this Part, within any CC (Canal Court), VMS (Village Main Street), VG
(Village Gateway), or FRB (Fall River Business) Zones. (RC-Oct 23/12;E-Jan
12/13)
5.1A TEMPORARY SIGNAGE
(a)
This By-law shall not apply to any sign regulated under HRM By-law S-800 (A
By-law Respecting Requirements for the Licensing of Temporary Signs); and
(b)
Any sign provision within this By-law referring to temporary signage, as
regulated under HRM By-law S-800, is superceded. (RC-Sep 26/06;E-Nov
18/06)
5.1AA GENERAL REQUIREMENTS - FALL RIVER ZONES
(RC-Oct 23/12;E-Jan 12/13)
Within the RLRC (RC-Mar 5/19;E-Apr 6/19), CC or VMS Zones materials used for
signs shall have matte or dull finishes. Gloss finish and backlit signage is prohibited
in RLRC (RC-Mar 5/19;E-Apr 6/19), CC or VMS Zones. Multi-tenant signage shall
begin with the civic address, followed by building name, if applicable, and then
followed by the name of any tenant.
5.2
SAFETY AND MAINTENANCE
Every sign and all parts thereof, including framework, supports, background, anchors and
wiring systems shall be constructed in compliance with the Building By-law and any fire
prevention and electrical codes.
5.3
NUMBER OF SIGNS
(a)
For the purposes of this Section, where a multiple tenancy building is occupied by
more than one business, each business shall be considered to be a separate premises.
(b)
For the purposes of determining the number of signs permitted by this Section, a
sign shall be considered to be a single display surface or display device containing
Planning Districts 14 and 17 LUB
Page 51
elements organized, related and composed to form a unit. Double-faced and
three-faced signs shall be counted as single signs. Where latter is displayed in a
random manner, without organized relationships or elements, or where there is
reasonable doubt about the relationships of any elements, each element shall be
considered to be a single sign.
(c)
No more than two (2) signs shall be erected on any premises at any one time. For
the purposes of this Section, signs enumerated in Section 5.5 shall not be counted.
5.4
SIGN AREA
The total area permitted of any sign shall be considered to be the area of the smallest
rectangle, triangle or circle which can totally circumscribe the sign face or surface of any
single, double or three-faced sign in the plane of its largest dimension. Each visible face
of a multi-faced sign shall be calculated separately and then totalled in determining the sign
area permitted.
5.5
SIGNS PERMITTED IN ALL ZONES
The following signs shall be permitted in all zones and in addition to any signs permitted
according to Section 5.3:
(a)
Any sign which has an area of no more than four (4) square feet (.8 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.
(f)
Any sign erected by, or under the direction of, a government body as are signs
identifying public buildings, giving public information or regulating traffic or
safety.
(g)
Any flag, insignia, notice or advertising of any charitable, religious or fraternal
organization.
(h)
Any memorial sign, plaque or tablet.
5.6
SIGNS PROHIBITED IN ALL ZONES
The following signs shall not be permitted ln any zone:
(a)
Any sign or sign structure which constitutes a hazard to public safety or health.
(b)
Any sign which, for any reason, obstructs the vision of drivers leaving a roadway
or driveway, or detracts from the visibility or effectiveness of any traffic sign or
control device on public streets.
Planning Districts 14 and 17 LUB
Page 52
(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 e
public road.
(f)
Any sign which incorporates any flashing or moving illumination and any sign
which has any visible moving part or mechanical movement whether achieved by
natural or artificial means.
(g)
Any searchlight, stringlight, spinner or streamer except for occasions such as grand
openings, county fairs and public festivals, or used as temporary holiday
decorations.
(h)
Any sign painted on a tree, stone, cliff or other natural object.
(i)
Any sign which is not related to any business or use located on the lot or premises,
and any sign which no longer advertises a bona fide business conducted or a product
sold. Such signs are deemed to be obsolete signs and shall be removed by the owner
or occupant of the property upon which they are erected, within sixty (60) days of
the date of discontinuance of the business or product.
5.7
FACIAL WALL SIGNS
(1)
a)
No facial wall sign shall cover:
i)
more than ten percent of the area of the wall which it is
attached; or
ii)
more than two (2) square feet (.19 m2) per lineal foot of the wall
on which the sign is affixed, whichever is greater.
b)
The total areas of all facial wall signs shall not exceed fifteen percent of
the area of the wall which it is attached or an area of more than two (2)
square feet (.19 m2) per lineal foot of the wall it is attached, whichever
is greater.
c)
Notwithstanding Section 5.3, all facial wall signs combined shall count
as one sign and sign coverage shall be allocated proportionally for each
business premises in the case of multiple occupancy buildings.
(MDVCCC-Jul 25/07;E-Aug 11/07)
(2)
Notwithstanding Section 5.7 (1), within the RLRC (RC-Mar 5/19;E-Apr 6/19),
CC, VMS, VG or FRB Zone, no facial wall sign shall:
(a)
Extend above the top of the wall on which it is attached;
(b)
Project or extend beyond the extremities of the wall on which it is
attached;
(c)
Include more than one message for each business premise in the
building on which it is affixed; or
(d)
Have an area which exceeds five (5) percent of the area of the wall on
which it is attached.
(RC-Oct 23/12;E-Jan 12/13)
(3)
Within the RLRC (RC-Mar 5/19;E-Apr 6/19), CC, VMS, VG or FRB Zone,
Planning Districts 14 and 17 LUB
Page 53
canopies and awnings attached to walls shall:
(a)
Not project over a public right-of-way unless permitted pursuant to the
Encroachment By-law;
(b)
Be self-supporting;
(c)
Be placed a minimum height of 9 feet (2.7m) above a sidewalk or
walkway; and
(d)
Any advertising affixed to a canopy or awning shall be limited to a
business logo, business name or civic address and shall not exceed fifty
(50) percent of the canopy or awning.
(RC-Oct 23/12;E-Jan 12/13)
5.8
PROJECTING SIGNS (RC-Oct 23/12;E-Jan 12/13)
Projecting signs are prohibited except in the RLRC (RC-Mar 5/19;E-Apr 6/19), CI
(RC-Feb 15/22;E-Apr 9/22), GI (RC-Feb 15/22;E-Apr 9/22), CC, VMS, VG or FRB
Zone. Within the CC, VMS, VG or FRB Zone, no projecting wall sign shall:
(a)
Project over a public right-of-way unless permitted pursuant to the
Encroachment By-law;
(b)
Project more than six (6) feet (1.8 metres) from the wall on which it is attached;
(c)
Project above the eaves, parapet or roof line of a building;
(d)
Be erected below a height of nine (9) feet (2.7 metres) above grade; or
(e)
Exceed sixteen (16) square feet (1.5 square metres) per sign area.
5.8A ROOF SIGNS (RC-Oct 23/12;E-Jan 12/13)
Signs mounted on the roof of any building within the RLRC (RC-Mar 5/19;E-Apr
6/19), CC, VC-CDD, VMS, VG, FRB and RCDD Zones are prohibited.
5.9
GROUND SIGNS
(1)
Ground signs are prohibited in the RLRC and (RC-Mar 5/19;E-Apr 6/19) CC
Zones, except for ground signs on the corner lots at the intersection of Fall
River Road and MacPherson Road and ground signs on the corner lots at the
intersection of Fall River Road and Highway 2. (RC-Oct 23/12;E-Jan 12/13)
(2)
(a)
No ground sign shall exceed thirty-two (32) square feet (3 m2) of sign area
on a single face or sixty-four (64) square feet (6 m2) of sign area for both
faces combined, except for:
(i)
signs within the C-4 (Highway Commercial), CI (Commercial
Industrial) (RC-Feb 15/22;E-Apr 9/22), GI (General Industrial)
(RC-Feb 15/22;E-Apr 9/22) and AE-4 (AeroTech Business)
Zones where such signs shall not exceed two hundred-fifty (250)
square feet (23.2 m2) square feet of sign area on a single face or
five hundred (500) square feet (46.4 m2) of sign area of both faces
combined; or (MDVCCC-Jul 25/07;E-Aug 11/07)
(ii)
signs accessory to existing commercial or industrial uses within the
C-2 (Community Commercial) Zone, where such signs shall not
exceed one hundred (100) square feet (9.3 m2) of sign area on a
Planning Districts 14 and 17 LUB
Page 54
single face or two hundred (200) square feet (18.6 m2) of sign area
of both faces combined.
(iii)
Signs for multi-tenant buildings within the VMS Zone, where
such signs shall not exceed one hundred (100) square feet (9.3
m2) of sign area on a single face or two hundred (200) square
feet (18.6 m2) of sign area of both faces combined. (RC-Oct
23/12;E-Jan 12/13)
(iv)
All signs within the FRB Zone, where such signs shall not exceed
one hundred (100) square feet (9.3 m2) of sign area on a single
face or two hundred (200) square feet (18.6 m2) of sign area of
both faces combined. (RC-Oct 23/12;E-Jan 12/13)
(v)
All signs within the VG Zone, where such sign shall not exceed
two hundred and fifty (250) square feet (23.2 m2) of sign area on
a single sign face or five hundred (500) square feet (46.5 m2) of
sign area of both faces combined. (RC-Oct 23/12;E-Jan 12/13)
(vi)
Signs where permitted for multi tenant buildings within the CC
Zone pursuant to Section 5.9 (1), shall not exceed one hundred
(100) square feet (9.3 m2) of sign area on a single face or two
hundred (200) square feet (18.6 m2) of sign area of both faces
combined. (RC-Oct 23/12;E-Jan 12/13)
(b)
No ground sign shall exceed a height of:
(i)
twenty-five (25) feet (7.6 m) in the C-2 (Community Commercial)
Zone;
(ii)
fifty (50) feet (15.2 m) in the C-4 (Highway Commercial) Zone;
(iii)
one hundred (100) feet (30.5 m) in the AE-4 (AeroTech Business)
Zone,
(iv)
Twelve (12) feet (3.6 m) for a single story building and twenty
(20) feet (6 m) for a multi story building in the VMS Zone (RC-
Oct 23/12;E-Jan 12/13);
(v)
Fifty (50) feet (15.2 m) in the VG or FRB Zone (RC-Oct 23/12;E-
Jan 12/13); or
(vi)
Fifteen (15) feet (4.5 m) where permitted in section 5.9 in the CC
Zone. (RC-Oct 23/12;E-Jan 12/13)
(bb)
No ground sign shall exceed a width of:
(i)
Ten (10) feet (3 m) in the CC, VMS, VG and FRB zones. (RC-
Oct 23/12;E-Jan 12/13)
(c)
No ground sign shall extend beyond a property line or project over a public
right-of-way, daylighting triangle, driveway or parking space.
(d)
No ground sign shall share a sign supporting structure with any other sign.
(e)
No ground sign shall be located within fifteen feet (4.6 m) of any property
line.
(ee)
Notwithstanding clause (e), no ground sign shall be located within five
(5) feet (1.5 m) from any street line in the CC, VMS, VG or FRB Zone.
(RC-Oct 23/12;E-Jan 12/13)
(f)
No more than one ground sign shall be permitted on any lot.
(3)
Within the CC, VMS, VG and FRB zones, the following additional conditions
to Section 5.9 (1) shall apply (RC-Oct 23/12;E-Jan 12/13):
(a)
Only one ground sign shall be permitted per multi-tenant building (RC-
Planning Districts 14 and 17 LUB
Page 55
Oct 23/12;E-Jan 12/13);
(b)
Landscaping shall be provided at the base of a ground sign.
Landscaping shall consist of planter boxes, shrubs, or flower beds or a
combination thereof. If landscape planters are used, the planters shall
be constructed of a natural material and shall be a minimum of 3 feet
(0.9m) wide and 3 feet (0.9m) high (RC-Oct 23/12;E-Jan 12/13);
(c)
A ground sign and the required landscaping as described above may be
placed within the required landscaping setback as specified in Sections
14A.10 (a), 14C.11 (a), 14D.9 (a) and 14E.5 (1) (a) (RC-Oct 23/12;E-Jan
12/13); or
(d)
The maximum number of sign faces shall be two, which shall be affixed
back to back. (RC-Oct 23/12;E-Jan 12/13)
5.10
ARCHITECTURE REQUIREMENTS (RC-Oct 23/12;E-Jan 12/13)
The following provisions shall apply only to the CC, VCCDD, VMS, VG, FRB, RLRC
(RC-Mar 5/19;E-Apr 6/19) and RCDD zones created for the River-lakes Secondary
Plan Area.
5.10.1 ENTRANCES and FACADES
(a)
No building shall have less than
one clearly defined entrance that
is facing a street and which is
unobstructed for pedestrians.
(b)
On corner lots the main entrance
shall be situated on the portion of
the building facing the Mainstreet
or situated at the corner of the
building, facing the intersecting streets.
(c)
Notwithstanding subsection 5.10.1(b), where the building is situated on a
corner lot at the intersection of two roads, the main entrance may face the
corner of the building facing the
intersecting streets.
(d)
At least three of the following
architectural
elements
shall
be
incorporated in all walls facing a
street for every ten (10) feet (3 m)
within the CC Zone, twenty (20) feet
(6 m) within the VMS Zone, or fifty
(50) feet (15.2 m) within the VG,
VCCDD, FRB or RCDD Zones or
hundred (100) feet (30.48 m) within the RLRC Zone (RC-Mar 5/19;E-Apr
6/19):
(i)
canopies or porticos;
(ii)
awnings,
(iii)
open colonnades,
(iv)
overhanging rooflines,
Planning Districts 14 and 17 LUB
Page 56
(v)
raised corniced parapets over the door,
(vi)
gabled peaked roof forms,
(vii)
outdoor patios,
(viii) display windows
(ix)
architectural details such as moldings or stone,
(x)
planters or wing walls that incorporate landscaped areas and seating
places; and/or
(xi)
any other similar architectural treatment as deemed by the
Development Officer to be an acceptable equivalent.
(e)
Buildings with multiple storefronts shall have either a gabled entry way or
separate entrances for each store.
(f)
Buildings with multiple storefronts shall have features along the façade such
as covered walkways or open colonnades.
(g)
The façade facing the Mainstreet shall be designed as the front of the building,
containing a main entrance door, and window or display case.
Gable
Entryway
5.10.2 WINDOWS and DOORS
(a)
All windows shall:
(i)
have a minimum height to width ratio of 1.8 to 1 and a
maximum height to width ratio of 2 to 1;
(ii)
be placed vertically in the wall space so building facades
are visually well balanced; and
(iii)
be accentuated by design details such as arches, hoods,
mouldings, decorative lintels, pediments or sills.
(b)
All doors and corners shall be accentuated by design details
such as arches, hoods, mouldings, decorative lintels, pediments
or sills.
(c)
Notwithstanding clauses 5.10.2(a) and (b), continuous bands of horizontal
glazing may be permitted on the first floor of commercial buildings permitted
in the CC Zone if:
(i)
the glazing is not more than seventy-five (75) percent of the building
face;
(ii)
the building contains vertical windows on the second floor having a
height to width ratio of 1.8 to 1; and
(iii)
the storefront entries are recessed.
Planning Districts 14 and 17 LUB
Page 57
5.10.3 ROOF LINES
(a)
Roof styles shall be gable, gambrel, mansard or
hipped.
(b)
Notwithstanding 5.10.3(a), flat roofs shall be permitted where the building
footprint is less than 2500 square feet (232.2 sq. m) or on a building, except for
a service station that is greater than 2500 square feet (232.2 sq. m) provided
that the flat roof portion of the roof is not visible from any street.
c)
The minimum roof pitch on all buildings shall be 4:12 except where flat roofs
are permitted pursuant to clause 5.10.3(b) or where mansard or gambrel roofs
are used.
(d)
For buildings that are fifty (50) feet (15.2 m) in length or greater, multiple roof
planes, cornices, cross gables, cupolas, belvederes, dormers or other
architectural treatment shall be incorporated into the roof structure.
Multiple Roof Planes
5.10.4 CLADDING AND ROOF MATERIALS
(a)
Exterior cladding for new commercial, institutional, multiple unit and
townhouse buildings shall consist of bricks, stone, wood shingles, wood siding,
wood clapboard, vinyl siding or a combination thereof or other acceptable
equivalent as determined by the Development Officer.
(b)
The following highly reflective materials are prohibited:
(i)
sheet metal;
(ii)
plastic panels;
(iii)
brushed aluminum;
(iv)
reflective glass;
(c)
The following materials are prohibited:
(i)
Concrete block;
(ii)
Untreated plywood;
(iii)
Particle board;
(iv)
Tilt-up concrete panels;
(v)
Painted brick.
Planning Districts 14 and 17 LUB
Page 58
(d)
Notwithstanding subsections 5.10.4(c) and (d), materials required for solar
heating, such as solar panels, shall be permitted.
(e)
Any exposed foundation in excess of twenty (20) square feet (1.8 sq. m)
including any parking garage or parking entrance, shall be architecturally
detailed or veneered with stone or brick.
5.10.5 ROOFTOP EQUIPMENT
(a)
All rooftop equipment, including satellite and other telecommunication
equipment for private use, air handling units, elevator equipment, cooling
towers and exhaust fans, shall be visually screened from the street by the roof
structure.
5.10.6 ADDITIONAL REQUIREMENTS FOR SERVICE STATIONS
(a)
Where canopies are used over gasoline pumps and garden centres, the canopy
shall:
(i)
be constructed to match the main structure in terms of roof pitch,
architectural detailing, materials and colour;
(ii)
have a pitched roof and fascia trim;
(iii)
not have a brightly coloured metal roof or roof sign; and
(iv)
not be illuminated.
5.10.7 EXEMPTIONS
(a)
Notwithstanding section 5.10, the Architectural provisions of this section shall
not apply to any one or all of the following:
(i)
a change in use or occupancy within an existing building;
(ii)
internal renovations with no external renovation or modification to an
existing building;
(iii)
the replacement of windows to an existing building; or
(iv)
the replacement of any signage as a result of a change in use or
occupancy.
Planning Districts 14 and 17 LUB
Page 59
PART 6:
R-1A (SINGLE UNIT DWELLING) ZONE
6.1
R-1A USES PERMITTED
No development permit shall be issued in any R-1A (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)
Office uses in conjunction with permitted dwellings
Day care facilities for not more than fourteen (14) children and in conjunction with
permitted dwellings
Community Uses
Educational institutions and uses
Denominational institutions
Shared housing use with 10 or fewer bedrooms (RC-Aug 9/22;E-Sep 15/22)
Parks and playgrounds
Public works (HE/MDVCCC-Aug 6/09;E-Aug 22/09)
6.2
R-1A ZONE REQUIREMENTS: RESIDENTIAL USES
In any R-1A Zone, where uses are permitted as Residential Uses, no development permit
shall be issued except in conformity with the following:
Minimum Lot Area:
Central water and sewer services
10,000 square feet (929 m2)
Other
40,000 square feet (3,716 m2)
Minimum Frontage:
Central water and sewer services
75 feet (22.9 m)
Other
100 feet (30.5 m)
Within Schedule N, Airport Noise Contour Overlay
200 feet (60.9m)
(RC-Jan 26/16;E-Apr 2/16)
Minimum Front or Flankage Yard
30 feet (9.1 m)
Minimum Rear or Side Yard
8 feet (2.4 m)
Maximum Lot Coverage
35 percent
Maximum Height of Main building
35 feet (10.7 m)
6.3
OTHER REQUIREMENTS: OFFICE AND DAY CARE USES
Where office uses and day care facilities are permitted in any R-1A Zone, the following
shall apply:
Planning Districts 14 and 17 LUB
Page 60
(a)
Any office or day care facility, with the exception of outdoor play space shall be
wholly contained within the dwelling which is the principal residence of the
operator of the office or facility.
(b)
No more than twenty five (25) per cent of the floor area shall be devoted to any
office and in no case shall any office occupy more than one hundred and fifty (150)
square feet (13.9 m2).
(c)
No open storage or outdoor display shall be permitted.
(d)
No sign shall be permitted for any office and 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.
(e)
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 floor area
devoted to any day care facility.
6.4
OTHER REQUIREMENTS: COMMUNITY USES
In any R-1A Zone, where uses are permitted as Community Uses, no development permit
shall be issued except in conformity with the provisions of Part 22.
Notwithstanding the previous statement, public works uses shall meet the
requirements of the R-1A Zone. (HE/MDVCCC-Aug 6/09;E-Aug 22/09)
6.5
OTHER REQUIREMENTS: BED AND BREAKFASTS (Deleted: RC-Feb 21/23;E-
Sep 1/23)
Planning Districts 14 and 17 LUB
Page 61
PART 7:
R-1B (SUBURBAN RESIDENTIAL) ZONE
7.1
R-1B USES PERMITTED
No development permit shall be issued in any R-1B (Suburban 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)
Offices in conjunction with permitted dwellings
Day care facilities for not more than fourteen (14) children in conjunction with permitted
dwellings
Community Uses
Parks and open space uses except cemeteries
Recreation uses
Denominational institutions
Educational institutions and uses
Shared housing use with 10 or fewer bedrooms, except where located within Schedule
N, Airport Noise Contour Overlay (RC-Aug 9/22;E-Sep 15/22)
Shared housing with special care, (RC-Aug 9/22;E-Sep 15/22) except where located
within Schedule N, Airport Noise Contour Overlay (RC-Jan 26/16;E-Apr 2/16)
Government offices
Public works (HE/MDVCCC-Aug 6/09;E-Aug 22/09)
7.2
R-1B ZONE REQUIREMENTS
In any R-1B Zone, where uses are permitted as Residential Uses, no development permit
shall be issued except in conformity with the following:
Minimum Lot Area:
Central water and sewer services
10,000 square feet (929 m2)
per dwelling unit
Other
40,000 square feet (3716 m2)
per dwelling unit
Minimum Frontage:
Central water and sewer services
75 feet (22.9 m)
Other
100 feet (30.5 m)
Within Schedule N, Airport Noise Contour Overlay
200 feet (60.9m)
(RC-Jan 26/16;E-Apr 2/16)
Minimum Front or Flankage Yard
30 feet (9.1 m)
Minimum Rear or Side Yard
8 feet (2.4 m)
Planning Districts 14 and 17 LUB
Page 62
Maximum Lot Coverage
35 percent
Maximum Height of Main Building
35 feet (10.7 m)
7.3
OTHER REQUIREMENTS: OFFICE AND DAY CARE USES
Where offices and day care facilities are permitted in any R-1B Zone, the following shall
apply:
(a)
Any office or daycare facility, with the exception of outdoor play space, shall be
wholly contained within the dwelling which is the principal residence of the
operator of the office or facility.
(b)
No more than thirty-three (33) per cent of the floor area shall be devoted to any
office and in no case shall any office occupy more than three hundred (300) square
feet (27.9 m).
(c)
No open storage or outdoor display shall be permitted.
(d)
No more than one (1) non self-illuminated sign shall be permitted for any office or
day care facility and no such sign shall exceed four (4) square feet (.37 m2) in area.
(e)
Three (3) off-street parking spaces, other than that required for the dwelling, shall
be provided.
(f)
No office use shall involve the direct sale of goods stored on the premises.
7.4
OTHER REQUIREMENTS: COMMUNITY USES
In any R-1B Zone, where uses are permitted as Community Uses, no development permit
shall be issued except in conformity with the provisions of Part 22.
Notwithstanding the previous statement, public works uses shall meet the
requirements of the R-1B Zone. (HE/MDVCCC-Aug 6/09;E-Aug 22/09)
7.5
OTHER REQUIREMENTS: BED AND BREAKFASTS (Deleted: RC-Feb 21/23;E-
Sep 1/23)
Planning Districts 14 and 17 LUB
Page 63
PART 8:
R-1C (WATERFRONT RESIDENTIAL) ZONE
8.1
R-1C USES PERMITTED
No development permit shall be issued in any R-1C (Waterfront Residential) Zone except
for the following:
Residential Uses
Existing residential dwellings
Shared housing use with 10 or fewer bedrooms in conjunction with a permitted
dwelling unit (RC-Aug 9/22;E-Sep 15/22)
Recreational Uses
Boat houses
Float-plane hangars
Wharves
Swimming pools
8.2
R-1C ZONE REQUIREMENTS
In any R-1C Zone, where uses are permitted, no permit shall be issued except for the
following:
Existing Residential Uses
Existing residential dwellings may be altered, improved or renovated provided that any
alteration, improvement or renovation does not result in any increase in habitable space.
Recreational Uses
(a)
No boat houses, float-plane hangars, wharves or swimming pools shall be permitted
where washroom or toilet facilities are to be included;
(b)
No boat houses, float-plane hangars, or wharves shall be constructed within ten (10)
feet of any side or front lot line, nor shall any swimming pool be constructed within
twenty (20) feet of any lot line.
Planning Districts 14 and 17 LUB
Page 64
PART 9:
R-1D (RESIDENTIAL AUXILIARY DWELLING UNIT) ZONE
9.1
R-1D USES PERMITTED
No development permit shall be issued in any R-1D (Auxiliary Dwelling) Zone except for
the following:
Residential Uses
Single unit dwellings
Auxiliary dwelling unit
Shared housing use with 10 or fewer bedrooms in conjunction with a permitted
dwelling unit (RC-Aug 9/22;E-Sep 15/22)
Day care facilities for not more than fourteen (14) children in conjunction with permitted
dwellings
Office uses in conjunction with permitted dwellings
Community Uses
Parks and open space uses except cemeteries
Recreation uses
Denominational institutions
Educational institutions and uses
Shared housing use with 10 or fewer bedrooms except where located within Schedule
N, Airport Noise Contour Overlay (RC-Aug 9/22;E-Sep 15/22)
Shared housing with special care (RC-Aug 9/22;E-Sep 15/22) except where located
within Schedule N, Airport Noise Contour Overlay (RC-Jan 26/16;E-Apr 2/16)
Government offices
Public works (HE/MDVCCC-Aug 6/09;E-Aug 22/09)
9.2
R-1D ZONE REQUIREMENTS
In any R-1D Zone, where uses are permitted as Residential Uses, no development permit
shall be issued except in conformity with the following:
Minimum Lot Area
Central sewerage and water
10,000 square feet (929 m2)
Other
40,000 square feet (3,716 m2)
Minimum Frontage
Central sewerage and water
75 feet (22.9 m)
Other
100 feet (30.5 m)
Within Schedule N, Airport Noise Contour Overlay
200 feet (60.9m)
(RC-Jan 26/16;E-Apr 2/16)
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)
Planning Districts 14 and 17 LUB
Page 65
9.3
OTHER REQUIREMENTS: OFFICE AND DAY CARE USES
Where offices and day care facilities are permitted in any R-1D Zone, the following shall
apply:
(a)
Any office or day care facility, with the exception of outdoor play space, shall be
wholly contained within the dwelling which is the principal residence of the
operator of the facility.
(b)
No more than thirty-three (33) per cent of the floor area shall be devoted to any
office and in no case shall any office occupy more than three hundred (300) square
feet (27.9 m2).
(c)
No open storage or outdoor display shall be permitted.
(d)
No more than one (l) non self-illuminated sign shall be permitted for any office or
facility and no such sign shall exceed four (4) square feet (.37 m2) in area.
(e)
Three (3) off-street parking spaces, other than that required for the dwelling, shall
be provided.
(f)
No office use shall involve the direct sale of goods stored on the premises.
9.4
OTHER REQUIREMENTS: AUXILIARY DWELLING UNITS
Where auxiliary dwelling units are permitted in any R-1D Zone, the following shall apply:
(a)
No auxiliary dwelling unit shall encompass more than thirty five (35) per cent of
the gross floor area of the dwelling and in no case shall any auxiliary dwelling unit
occupy more than six hundred (600) square feet.
(b)
No separate exterior access to the auxiliary dwelling unit shall be permitted, on that
side of the dwelling abutting the front yard.
(c)
One off-street parking space shall be provided for any auxiliary dwelling unit and
such space shall be located contiguous to any parking area set aside for the principle
dwelling unit.
9.5
OTHER REQUIREMENTS: COMMUNITY USES
In any R-1D Zone, where uses are permitted as Community Uses, no development permit
shall be issued except in conformity with the provisions of Part 22.
Notwithstanding the previous statement, public works uses shall meet the
requirements of the R-1D Zone. (HE/MDVCCC-Aug 6/09;E-Aug 22/09)
Planning Districts 14 and 17 LUB
Page 66
PART 9A:
R-1E (RESIDENTIAL ESTATE) ZONE (C-Jun 29/92;M-Aug 6/92)
9.1A 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
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 and the keeping of certain hoofed animals in conjunction with
permitted dwelling
Day care facilities for not more than fourteen (14) children In conjunction with
permitted dwellings
Community Uses
Parks and open space uses except cemeteries
Recreation uses
Denominational institutions
Educational institutions and uses
Shared housing use with 10 or fewer bedrooms, except where located within Schedule
N, Airport Noise Contour Overlay (RC-Aug 9/22;E-Sep 15/22)
Shared housing with special care, (RC-Aug 9/22;E-Sep 15/22) except where located
within Schedule N, Airport Noise Contour Overlay (RC-Jan 26/16;E-Apr 2/16)
Government offices
9.2A R-1E ZONE REQUIREMENTS
In any R-1E Zone, where uses are permitted as Residential Uses, no development per
it shall be issued except in conformity with the following
Minimum Lot Area
Central water and sewer services
10,000 square feet (929 m2)
per dwelling unit
Other
40,000 square feet (3716 m2)
per dwelling unit
Minimum Frontage
Central water and sewer services
75 feet (22.9m)
Other
100 feet (30 5m)
Within Schedule N, Airport Noise Contour Overlay
200 feet (60.9m)
(RC-Jan 26/16;E-Apr 2/16)
Minimum Front or Flankage Yard
30 feet (9.1m)
Minimum Rear or Side Yard
8 feet (2.4m)
Maximum Lot Coverage
35 percent
Maximum Height of Main Building
35 feet (10.7m)
Planning Districts 14 and 17 LUB
Page 67
9.2B (1)
Notwithstanding the "Minimum Lot Frontage" 200 feet (60.9m) for the zone
and subject to subsection 2, for the lands of Oakfield Estate Limited shown as
PIDs 41189077, 41189085, and 41189093 on the approved tentative plans of
subdivision dated June 13, 2014 and June 25, 2014, on file with the
Municipality as File #18634 and #19193, the Minimum Lot Frontage shall be
100 feet. (RC-Jan 26/16;E-Apr 2/16)
(2)
Subsection 1 of this section shall come into force on December 31, 2026. (RC-
Jan 26/16;E-Apr 2/16)
9.3A OTHER REQUIREMENTS DAY CARE USES
Where day care facilities are permitted in any R-1E Zone, the following shall apply:
(a)
Any daycare facility, with the exception of outdoor play space, shall be wholly
contained within the dwelling which is the principal residence of the operator
of the facility
(b)
No more than one (1) one self-illuminated sign shall be permitted for any day
care facility and no such sign shall exceed four (4) square feet (0.87 m2) in area.
(c)
One (1) off-street parking space, other than that required for the dwelling,
shall be provided.
9.4A OTHER REQUIREMENTS BUSINESS USES
Where a business use is permitted in any R-1E 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 ore than one thousand (1,000) square feet (92.9 m2) of the combined gross
floor area of any dwelling and all accessory structures shall be devoted to any
business use and in no case shall any business use occupy more than fifty (50)
percent of the gross floor area of the dwelling;
(c)
No mechanical equipment shall be used outside of any fully enclosed structure;
(d)
No outdoor storage or display shall be permitted;
(e)
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 (1.39m2) of
gross floor area devoted to any business use;
(f)
No business use shall be obnoxious as defined in Part 2.42 of this By-law; and
(g)
On any lot which does not have frontage on a public road or private road,
business uses shall be restricted to office uses and the applicable requirements
of Section 6.3 shall apply. (MC-Mar 14/94, SCC-Apr 12/94, E-May 7/94)
9.5A OTHER REQUIREMENTS KEEPING OF UNGULAE (HOOFED ANIMALS) FOR
PERSONAL USE
Planning Districts 14 and 17 LUB
Page 68
No development permit shall be issued for any residential use which involves the
keeping of ungulates (hoofed animals) for personal use except in conformity with the
following
(a)
A minimum lot size of 40,000 square feet shall be required.
(b)
An enclosed structure for sheltering the ungulate(s) shall be constructed,
located or otherwise placed on the same lot as the main dwelling.
(c)
No more than 1,000 square feet (92.9 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.
(d)
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 (c)(i) nay be reduced to eight (8) feet (2.4 m);
and
(e)
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.
9.6A OTHER REQUIREMENTS COMMUNITY USES
In any R-1E Zone, where uses are permitted as Community Uses, no development per
it shall be issued except in conformity with the provisions of Part 22.
Planning Districts 14 and 17 LUB
Page 69
PART 10:
R-6 (RURAL RESIDENTIAL) ZONE
10.1
R-6 USES PERMITTED
No development permit shall be issued in any R-6 (Rural Residential) Zone except for the
following:
Residential Uses
Single unit dwellings
Two unit dwellings
CSA approved mobile dwellings except where located within Schedule N, Airport Noise
Contour Overlay (RC-Jan 26/16;E-Apr 2/16)
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 permitted dwellings
Existing industrial uses
Pet care facilities in conjunction with a permitted dwelling (HE/MDVCCC-Aug
6/09;E-Aug 22/09)
Community Uses
Parks and open space
Recreation uses
Denominational institutions
Educational institutions and uses
Shared housing use with 10 or fewer bedrooms, except where located within Schedule
N, Airport Noise Contour Overlay (RC-Aug 9/22;E-Sep 15/22)
Shared housing with special care, (RC-Aug 9/22;E-Sep 15/22) except where located
within Schedule N, Airport Noise Contour Overlay (RC-Jan 26/16;E-Apr 2/16)
Government offices
Public works (HE/MDVCCC-Aug 6/09;E-Aug 22/09)
Resource Uses
Agriculture uses
Firewood mills
Existing forestry uses (C-Aug 17/92;M-Oct 2/92)
Indoor riding barn, private (MDVCCC-Jan 25/12;E-Feb 11/12)
10.2
R-6 ZONE REQUIREMENTS
In any R-6 Zone, where uses are permitted as Residential Uses, no development permit
shall be issued except in conformity with the following:
Minimum Lot Area:
Central water and sewer services
10,000 square feet (929 m2)
per dwelling unit
Planning Districts 14 and 17 LUB
Page 70
Other
40,000 square feet (3716 m2
per dwelling unit
Minimum Frontage
Central water and sewer services
75 feet (22.9 m)
Other
100 feet (30.5 m)
Within Schedule N, Airport Noise Contour Overlay
200 feet (60.9m)
(RC-Jan 26/16;E-Apr 2/16)
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)
10.2A (1)
Notwithstanding the "Minimum Lot Frontage" 200 feet (60.9m) for the zone
and subject to subsection 2, for the lands of Oakfield Estate Limited shown as
PIDs 41189077, 41189085, and 41189093 on the approved tentative plans of
subdivision dated June 13, 2014 and June 25, 2014, on file with the
Municipality as File #18634 and #19193, the Minimum Lot Frontage shall be
100 feet. (RC-Jan 26/16;E-Apr 2/16)
(2)
Subsection 1 of this section shall come into force on December 31, 2026. (RC-
Jan 26/16;E-Apr 2/16)
10.3
OTHER REQUIREMENTS: BUSINESS USES
Where a business use is permitted in any R-6 Zone, the following shall apply:
(a)
Any dwelling which is used for such purposes shall be the principle residence of
the operator of the business;
(b)
No more than one thousand (1,000) square feet (92.9 m2) of the combined gross
floor area of any dwelling and all accessory structure shall be devoted to any
business use;
(c)
No mechanical equipment shall be used outside of any fully enclosed structure;
(d)
No outdoor display shall be permitted;
(e)
No outdoor storage shall be permitted unless a fence or visual barrier is provided
so that no portion of the materials stored are visible from either adjacent lots or from
any abutting road;
(f)
No more than one thousand (1,000) square feet (92.9 m2) of the lot area shall be
devoted to outdoor storage;
(g)
One (1) off-street parking space, other than that required for the dwelling, shall be
provided for every one hundred and fifty (150) square feet (13.9 m2) of gross floor
area devoted to any business use and in no case shall less than three additional
parking spaces be provided;
(h)
No business use shall be obnoxious as defined in Part 2.42 of this By-law;
(i)
No more than one (1) non-illuminated sign consisting of no more than two sides
shall be permitted for any business use and no such sign shall exceed six (6) square
feet (0.56 m2) in area per side; and
Planning Districts 14 and 17 LUB
Page 71
(j)
On any lot which does not have frontage on a public road or private road,
business uses shall be restricted to office uses and the applicable requirements
of Section 6.3 shall apply. (MC-Mar 14/94;SCC-Apr 12/94;E-May 7/94)
10.4
OTHER REQUIREMENTS: COMMUNITY USES
In any R-6 Zone, where uses are permitted as Community Uses, no development permit
shall be issued except in conformity with the provisions of Part 22.
Notwithstanding the previous statement, public works uses shall meet the
requirements of the R-6 Zone. (HE/MDVCCC-Aug 6/09;E-Aug 22/09)
10.5
OTHER REQUIREMENTS: AGRICULTURAL USES
(Sub-section c-h: MDVCCC-Jan 25/12;E-Feb 11/12)
(a)
No building intended for any agricultural use shall be permitted unless the
following requirements are satisfied:
(i)
minimum lot area:
40,000 square feet (3716 m2)
(ii)
minimum frontage:
100 feet (30.5 m)
(b)
On a lot area of less than 120,000 square feet (11,148 m2), any building
intended for the keeping of livestock shall conform to the following
requirements:
(i)
maximum floor area:
1,000 square feet (92.9 m2)
(ii)
minimum front
or flankage yard:
100 feet (30.5 m)
(iii)
minimum side or rear yard:
50 feet (15.2 m)
(iv)
a minimum distance of 100 feet (30.5 m) shall be maintained from any
dwelling or potable water supply that is not located on the same lot.
(v)
a minimum distance of 300 feet (91.5 m) shall be maintained from any
watercourse.
(c)
On a lot area equal to or greater than 120,000 square feet (11,148 m2) and less
than 435,600 square feet (40,467 m2), any building intended for the keeping of
livestock shall conform to the following requirements:
(i)
maximum floor area:
2,000 square feet (92.9 m2)
(ii)
maximum front, flankage
side or rear yard:
150 feet (45.7 m)
(iii)
a minimum distance of 300 feet (91.4 m) shall be maintained from any
watercourse or potable water supply, except for a potable water supply
that is located on the same lot.
(iv)
Notwithstanding the requirements of clause (d), where the floor area of
a building intended for the keeping of livestock has a floor area equal
to or less than 1,000 square feet (92.9 m2), the requirements of clause
(b) shall apply
(d)
On a lot area equal to or greater than 435,600 square feet (40,467 m2), any
building intended for the keeping of livestock shall conform to the following
requirements:
(i)
maximum floor area:
5,000 square feet (464.5m2)
(ii)
minimum front, flankage
Planning Districts 14 and 17 LUB
Page 72
side or rear yard:
300 feet (91.4 m)
(iii)
a minimum distance of 300 feet (91.4 m) shall be maintained from any
watercourse or potable water supply, except for a potable water supply
that is located on the same lot.
(e)
Notwithstanding the requirements of clause (d), where the floor area of a
building intended for the keeping of livestock has a floor area equal to or less
than 1,000 square feet (92.9 m2), the requirements of clause (b) shall apply.
(f)
Notwithstanding the requirements of clause (d), where the floor area of a
building intended for the keeping of livestock has a floor area equal to or less
than 5,000 square feet (92.9 m2) but more than 1,000 square feet (92.9 m2), the
requirements of clause (c) shall apply.
(g)
Any disposal area for livestock waste shall be located a minimum distance of
300 feet (91.4 m) from any watercourse or potable water supply, except for a
potable water supply that is located on the same lot.
(h)
For any building that is not intended for the keeping of livestock, the
requirements of Section 10.2 shall apply.
10.6
OTHER REQUIREMENTS: FIREWOOD MILLS
(a)
No firewood mill shall be permitted on any lot unless the following
requirements are satisfied:
minimum lot area:
120,000 square feet (11,148 m2)
minimum frontage:
100 feet (30.5 m)
(b)
Any building intended for a firewood mill shall conform to the following
requirements:
minimum front, flankage
side or rear yard:
150 feet (45.7 m)
maximum height:
35 feet (10.7 m)
(c)
No area for the preparation or storage of logs or the disposal of waste materials
shall be located less than 150 feet (45.7 m) from any dwelling, except a dwelling
that is located on the same lot. (MC-Mar 28/94;SCC-Apr 12/94;May 7/94)
10.7
OTHER REQUIREMENTS: EXISTING FORESTRY USES
Notwithstanding the provisions of Sections 4.4, 4.6 (e), 10.2 and 10.5, existing forestry
uses in any R-6 Zone shall be permitted and may be expanded subject to the following
requirements: (C-Aug 18/92;M-Oct 2/92)
(a)
no structures associated with existing forestry uses shall be located within two
hundred (200) feet (61 m) of any dwelling other than a permitted accessory
dwelling;
(b)
no structures associated with existing forestry uses shall be located within one
hundred (100) feet (30.5 m) of any lake or watercourse, or a greater distance
where required by Section 4.17;
(c)
no structures associated with existing forestry uses shall exceed a height of one
hundred and ten (110) feet (33.5 m);
(d)
for greater certainty, the existing forestry use includes a biofuel operation
fueled primarily by wood and wood residues derived from the site; and
Planning Districts 14 and 17 LUB
Page 73
d)
for greater certainty, Sections 4.11(a)(iii) and 4.11(a)(iv) shall not apply to
accessory structures of the existing forestry use.
(RC-July 11/23;E-Aug 11/23)
10.8
OTHER REQUIREMENTS: PET CARE FACILITIES
(HE/MDVCCC-Aug 6/09;E-Aug 22/09)
(a)
Notwithstanding the provisions of Section 4.5, no pet care facility shall be
permitted unless the following requirements are satisfied:
(i)
minimum lot area:
80,000 square feet (7432 m2)
(ii)
minimum frontage:
100 feet (30.5 m)
(b)
Any building or part thereof intended for use as a pet care facility shall
conform to the following requirements:
(i)
maximum gross floor area:
1,000 square feet (92.9 m2)
(ii)
minimum front
or flankage yard:
100 feet (30.5 m)
(iii)
minimum side and rear yard:
50 feet (15.2 m)
(iv)
a minimum distance of 200 feet (61 m) shall be maintained for any
outdoor pet run from any dwelling or potable water supply that is not
located on the same lot.
(v)
a minimum distance of 200 feet (61 m) shall be maintained for any
outdoor pet run from any watercourse.
(vi)
Any outdoor pet run or area where pets are permitted to roam shall
meet all requirements of this section.
10.9
OTHER REQUIREMENTS: INDOOR RIDING ARENA, PRIVATE
(MDVCCC-Jan 25/12;E-Feb 11/12)
(a)
No building intended for use as a Private Indoor Riding Arena shall be
permitted unless the following requirements are satisfied:
(i)
minimum lot area:
20 hectares (50 acres)
(ii)
minimum frontage:
100 feet (30.5 m)
(b)
Any building intended for use as a Private Riding Arena shall conform to the
following requirements:
(i)
maximum floor area:
20,000 square feet (92.9 m2)
(ii)
minimum front, side or
flankage yard:
300 feet (30.5 m)
(iii) a minimum separation distance of 1,500 feet (457.2 m) is maintained
from any lot zoned R-1A or R-1B.
(iv)
a minimum distance of 300 feet (91.5 m) shall be maintained from any
watercourse or potable water supply, except for a potable water supply
that is located on the same lot.
(c)
Any disposal area for livestock waste shall be located a minimum distance of
300 feet (91.4 m) from any watercourse or potable water supply, except for a
potable water supply that is located on the same lot.
Planning Districts 14 and 17 LUB
Page 74
PART 11:
R-7 (RURAL ESTATE) ZONE
11.1
R-7 USES PERMITTED
No development permit shall be issued in any R-7 (Rural Estate) Zone except for the
following:
Residential Uses
Single unit dwellings
Two unit dwellings
CSA approved mobile dwellings except where located within Schedule N, Airport Noise
Contour Overlay (RC-Jan 26/16;E-Apr 2/16)
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 dwelling
Business uses in conjunction with permitted dwellings
Pet care facilities in conjunction with a permitted dwelling (HE/MDVCCC-Aug
6/09;E-Aug 22/09)
Community Uses
Open space uses
Institutional uses
Fraternal halls
Shared housing with special care, (RC-Aug 9/22;E-Sep 15/22) except where located
within Schedule N, Airport Noise Contour Overlay (RC-Jan 26/16;E-Apr 2/16)
Resource Uses
Forestry uses
Agricultural uses
Intensive agricultural uses (MC-Mar 28/94;SCC-Apr 12/94;E-May 7/94)
Indoor riding barn, private (MDVCCC-Jan 25/12;E-Feb 11/12)
11.2
R-7 ZONE REQUIREMENTS
In any R-7 Zone, no development permit shall be issued except in conformity with the
following:
Minimum Lot Area
80,000 square feet (7,432 m2)
Minimum Frontage
200 feet (61 m)
Within Schedule N, Airport Noise Contour Overlay
200 feet (60.9m)
(RC-Jan 26/16;E-Apr 2/16)
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)
Planning Districts 14 and 17 LUB
Page 75
11.3
OTHER REQUIREMENTS: BUSINESS USES
Where a business use is permitted in any R-7 Zone, the following shall apply:
(a)
Any dwelling which is used for such purposes shall be the principle residence of
the operator of the business;
(b)
No more than one thousand (1,000) square feet (92.9 m2) of the floor area of any
dwelling or any accessory structure shall be devoted to any business use;
(c)
No mechanical equipment shall be used outside of any fully enclosed structure;
(d)
No outdoor display shall be permitted;
(e)
No outdoor storage shall be permitted unless a fence or visual barrier is provided
so that no portion of the materials stored are visible from either adjacent lots nor
from any abutting road;
(f)
No more than one thousand (1,000) square feet (92.9 m2) of the lot area shall be
devoted to outdoor storage;
(g)
One (1) off-street parking space, other than that required for the dwelling, shall be
provided for every one hundred and fifty (150) square feet (13.9 m2) of floor area
devoted to any business use and in no case shall less than three additional parking
spaces be provided;
(h)
No business use shall be obnoxious as defined Ln Part 2.42 of this by-law;
(i)
No more than one (1) non-illuminated sign consisting of no more than two sides
shall be permitted for any business use and no such sign shall exceed six (6) square
feet (0.56 m2) in area per side; and
(j)
On any lot which does not have frontage on a public road or private road,
business uses shall be restricted to office uses and the applicable requirements
of Section 6.3 shall apply. (MC-Mar 14/94;SCC-Apr 12/94;E-May 7/94)
11.4
OTHER REQUIREMENTS: COMMUNITY USES
In any R-7 Zone, where uses are permitted as Community Uses, no development permit
shall be issued except in conformity with the provisions of Part 22.
11.5
OTHER REQUIREMENTS: AGRICULTURAL USES
(Sub-section c-h: MDVCCC-Jan 25/12;E-Feb 11/12)
(a)
No building intended for any agricultural use shall be permitted unless the
following requirements are satisfied:
(i)
minimum lot area:
80,000 square feet (3716 m2)
(ii)
minimum frontage:
200 feet (30.5 m)
(b)
On a lot area of less than 120,000 square feet (11,148 m2), any building
intended for the keeping of livestock shall conform to the following
requirements:
(i)
maximum floor area:
1,000 square feet (92.9 m2)
(ii)
minimum front
or flankage yard
100 feet (30.5 m)
(iii)
minimum side or rear yard
50 feet (15.2 m)
Planning Districts 14 and 17 LUB
Page 76
(iv)
a minimum distance of 100 feet (30.5 m) shall be maintained from any
dwelling or potable water supply that is not located on the same lot.
(v)
a minimum distance of 300 feet (91.5 m) shall be maintained from any
watercourse.
(c)
On a lot area equal to or greater than 120,000 square feet (11,148 m2) and less
than 435,600 square feet (40,467 m2), any building intended for the keeping of
livestock shall conform to the following requirements:
(i)
maximum floor area:
2,000 square feet (92.9 m2)
(ii)
maximum front, flankage
side or rear yard:
150 feet (45.7 m)
(iii)
a minimum distance of 300 feet (91.5 m) shall be maintained from any
watercourse or potable water supply, except for a potable water supply
that is located on the same lot.
(iv)
Notwithstanding the requirements of clause (d), where the floor area of
a building intended for the keeping of livestock has a floor area equal
to or less than 1,000 square feet (92.9 m2), the requirements of clause
(b) shall apply
(d)
On a lot area equal to or greater than 435,600 square feet (40,467 m2), any
building intended for the keeping of livestock shall conform to the following
requirements:
(i)
maximum floor area:
5,000 square feet (464.5m2)
(ii)
minimum front, flankage
side or rear yard:
300 feet (60.9 m)
(iii)
a minimum distance of 300 feet (91.4 m) shall be maintained from any
watercourse or potable water supply, except for a potable water supply
that is located on the same lot.
(e)
Notwithstanding the requirements of clause (d), where the floor area of a
building intended for the keeping of livestock has a floor area equal to or less
than 1,000 square feet (92.9 m2), the requirements of clause (b) shall apply.
(f)
Notwithstanding the requirements of clause (d), where the floor area of a
building intended for the keeping of livestock has a floor area equal to or less
than 5,000 square feet (92.9 m2) but more than 1,000 square feet (92.9 m2), the
requirements of clause (c) shall apply.
(g)
Any disposal area for livestock waste shall be located a minimum distance of
300 feet (91.4 m) from any watercourse or potable water supply, except for a
potable water supply that is located on the same lot.
(h)
For any building that is not intended for the keeping of livestock, the
requirements of Section 10.2 shall apply.
11.6
OTHER REQUIREMENTS: INTENSIVE AGRICULTURAL USES
(a)
No intensive agricultural use shall be permitted on any lot unless the following
requirements are satisfied:
(i)
minimum lot area:
200,000 square feet (18,587 m2)
(ii)
minimum frontage:
200 feet (61 m)
(iii)
a minimum separation distance of 1,500 feet (457.2 m) is maintained
from any lot zoned R-1A or R-1B.
Planning Districts 14 and 17 LUB
Page 77
(iv)
no access is obtained through a residential zone, except where no other
access can be granted by the Department of Transportation and
Communications.
(b)
Any building intended for an intensive agricultural use shall conform to the
following requirements:
(i)
minimum front, flankage
side or rear yard:
150 feet
(ii)
a minimum separation distance of 300 feet (91.5 m) shall be maintained
from any watercourse or potable water supply, except for a potable
water supply that is located on the same lot.
11.7
OTHER REQUIREMENTS: FIREWOOD MILLS
(a)
No firewood mill shall be permitted on any lot unless the following
requirements are satisfied:
minimum lot area:
120,000 square feet (11,148 m2)
minimum frontage:
200 feet (30.5 m)
(b)
Any building intended for a firewood mill shall conform to the following
requirements:
minimum front, flankage
side or rear yard:
150 feet (45.7 m)
maximum height:
35 feet (10.7 m)
(c)
No area for the preparation or storage of logs or the disposal of waste materials
shall be located less than 150 feet (45.7 m) from any dwelling, except a dwelling
that is located on the same lot. (MC-Mar 28/94;SCC-Apr 12/94;E-May 7/94)
11.8
OTHER REQUIREMENTS: PET CARE FACILITIES
(HE/MDVCCC-Aug 6/09;E-Aug 22/09)
(a)
Notwithstanding the provisions of Section 4.5, no pet care facility shall be
permitted unless the following requirements are satisfied:
(i)
minimum lot area:
80,000 square feet (7432 m2)
(ii)
minimum frontage:
100 feet (30.5 m)
(b)
Any building or part thereof intended for use as a pet care facility shall
conform to the following requirements:
(i)
maximum gross floor area:
1,000 square feet (92.9 m2)
(ii)
minimum front
or flankage yard:
100 feet (30.5 m)
(iii)
minimum side and rear yard:
50 feet (15.2 m)
(iv)
a minimum distance of 200 feet (61 m) shall be maintained for any
outdoor pet run from any dwelling or potable water supply that is not
located on the same lot.
(v)
a minimum distance of 200 feet (61 m) shall be maintained for any
outdoor pet run from any watercourse.
(vi)
Any outdoor pet run or area where pets are permitted to roam shall
meet all requirements of this section.
11.9
OTHER REQUIREMENTS: INDOOR RIDING ARENA, PRIVATE
Planning Districts 14 and 17 LUB
Page 78
(MDVCCC-Jan 25/12;E-Feb 11/12)
(a)
No building intended for use as a Private Indoor Riding Arena shall be
permitted unless the following requirements are satisfied:
(i)
minimum lot area:
20 hectares (50 acres)
(ii)
minimum frontage:
200 feet (30.5 m)
(b)
Any building intended for use as a Private Riding Arena shall conform to the
following requirements:
(i)
maximum floor area:
20,000 square feet (92.9 m2)
(ii)
minimum front, side or
flankage yard:
300 feet (91.4 m)
(iii)
a minimum separation distance of 1,500 feet (457.2 m) is maintained
from any lot zoned R-1A or R-1B.
(iv)
a minimum distance of 300 feet (91.4 m) shall be maintained from any
watercourse or potable water supply, except for a potable water supply
that is located on the same lot.
(c)
Any disposal area for livestock waste shall be located a minimum distance of
300 feet (91.4 m) from any watercourse or potable water supply, except for a
potable water supply that is located on the same lot.
Planning Districts 14 and 17 LUB
Page 79
PART 12:
C-1 (LOCAL BUSINESS) ZONE
12.1
C-1 USES PERMITTED
No development permit shall be issued in any C-1 (Local Business) Zone except for the
following:
Commercial Uses
Variety stores
Food stores
Offices
Medical and dental offices and clinics
Service and Personal Service Uses (RC-Jun 17/03;E-Jun 20/03)
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)
12.2
C-1 ZONE REQUIREMENTS
In any C-1 Zone, no development permit shall be issued except in conformity with the
following:
Minimum Lot Area:
Central water and sewer service
10,000 square feet (929 m2) per dwelling unit
Other
40,000 square feet (3716 m2) per dwelling
unit
Minimum Frontage:
Central water and sewer services
75 feet (22.9 m)
Other
100 feet (30.5 m)
Minimum Front or Flankage Yard
30 feet (9.1 m)
Minimum Rear or Side Yard:
Central Sewerage Water Services
8 feet (2.4 m)
Other
20 feet (6.1 m)
Maximum Lot Coverage
35 per cent
Maximum Height of Main Building
35 feet (10.7 m)
12.3
OTHER REQUIREMENTS: COMMERCIAL USES
Where uses are permitted as Commercial Uses in any C-l Zone, the following shall apply:
(a)
The gross floor area of all commercial uses in any C-l Zone shall not exceed three
thousand five hundred (3,500) square feet (325 m2). (MDVCCC-Jul 4/12;E-Jul
21/12)
(b)
No open storage or outdoor display shall be permitted.
Planning Districts 14 and 17 LUB
Page 80
(c)
No portion of any parking space shall be located within any required side or rear
yard.
12.4
C-1 ZONE REQUIREMENTS: RESIDENTIAL USES
In any C-l Zone, where uses are permitted as Residential Uses, no development permit
shall be issued except in conformity with Part 7.
Planning Districts 14 and 17 LUB
Page 81
PART 13:
C-2 (COMMUNITY COMMERCIAL) ZONE
13.1
C-2 USES PERMITTED
No development permit shall be issued in any C-2 (Community Commercial) Zone except
for the following:
Commercial Uses
Retail stores
Food stores
Service and Personal Service Uses (RC-Jun 17/03;E-Jun 20/03)
Offices
Banks and financial institutions
Restaurants
Funeral establishments
Greenhouses and nurseries
Guest homes
Taxi depots
Medical, dental, and veterinary offices and clinics
Existing service stations
Craft shops (MC-Jul 26/93;SCC-Aug 10/93;E-Sep 4/93)
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)
Community Uses
Open space uses
Institutional uses
Fraternal centres and halls
13.2
C-2 ZONE REQUIREMENTS: COMMERCIAL USES
In any C-2 Zone, where uses are permitted as Commercial Uses, no development permit
shall be issued except in conformity with the following:
Minimum Lot Area:
Central water and sewer services
10,000 square feet (929 m2)
Other
40,000 square feet (3,716 m2)
Minimum Frontage:
Central water and sewer services
75 feet (22.9 m)
Other
100 feet 30.5 m)
Minimum Front or Flankage Yard
20 feet (6.1 m)
Planning Districts 14 and 17 LUB
Page 82
30 feet (9.1 m) where front or flankage yard
is abutting Highway #2
Minimum Rear or Side Yard
Central water and sewer services
8 feet (2.4 m)
Other
20 feet (6.1 m)
Maximum Lot Coverage
35 per cent
Maximum Height of Main Building
35 feet (10.7 m)
13.3
OTHER REQUIREMENTS: COMMERCIAL FLOOR AREA
Notwithstanding the provisions of Part 13.2, no commercial building within any C-2 Zone
shall exceed ten thousand (10,000) square feet (930 m2) of gross floor area.
13.4
OTHER REQUIREMENTS: COMMERCIAL USES
Where uses are permitted as Commercial Uses in any C-2 Zone, the following shall apply:
(a)
No open storage or outdoor display other than the display of plants shall be
permitted.
(b)
No portion of any lot shall be used for the collection or storage of refuse unless the
refuse containers are screened.
13.5
OTHER REQUIREMENTS: ABUTTING YARDS
Where the rear or side yard of any commercial use in any C-2 Zone abuts any Residential
or Community Facility Zone, the minimum rear or side yard shall be 30 feet (9.1 m) and
no parking, loading or accessory structures shall be permitted within the required yards
unless a visual barrier is provided, in which case the minimum rear or side yard shall be 20
feet (6.1 m).
13.6
OTHER REQUIREMENTS: REDUCED FRONT YARD
Notwithstanding the provisions of Part 13.2, the minimum front yard may be reduced to
fifteen (15) feet where no parking or loading facilities are located within the required front
yard.
13.7
OTHER REQUIREMENTS: REDUCED PARKING REQUIREMENTS
Notwithstanding Part 4.25 where the main building is constructed within fifteen (15) feet
of the road right-of-way in accordance with the provisions of Part 13.6, the overall parking
requirements for commercial uses within the structure may be reduced by a maximum of
fifteen (15) per cent.
13.8
C-2 ZONE REQUIREMENTS: COMMUNITY USES
In any C-2 Zone, where uses are permitted as Community Uses, no development permit
shall be issued except in conforming with Part 22.
Planning Districts 14 and 17 LUB
Page 83
13.9
C-2 ZONE REQUIREMENTS: RESIDENTIAL USES
In any C-2 Zone, where uses are permitted as Residential Uses, no development permit
shall be issued except in conformity with Part 7.
Planning Districts 14 and 17 LUB
Page 84
PART 14:
C-4 (HIGHWAY COMMERCIAL) ZONE
14.1
C-4 USES PERMITTED
No development permit shall be issued in any C-4 (Highway Commercial) Zone except for
the following:
Commercial Uses
Retail stores
Food stores
Service and Personal Service Uses (RC-Jun 17/03;E-Jun 20/03)
Offices
Banks and financial institutions
Restaurants
Outdoor display courts
Hotels, motels and motor inns
Commercial recreation uses
Funeral establishments
Automotive sales
Service stations
Parking lots
Greenhouses and nurseries
Medical, dental and veterinary offices and clinics
Building supply outlets
Warehouses
Construction storage yards
Transportation terminals
Taverns and lounges
Single unit dwelling accessory to any permitted use
Craft shops (MC-Jul 26/93;SCC-Aug 10/93;E-Sep 4/93)
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
Open space uses
Institutional uses
Fraternal centres and halls
14.2
C-4 ZONE REQUIREMENTS: COMMERCIAL USES
In any C-4 Zone, where uses are permitted as Commercial Uses, no development permit
shall be issued except in conformity with the following:
Minimum Lot Area
Central water and sewer services
10,000 square feet (929 m2)
Other
40,000 square feet (3,716 m2)
Minimum Frontage
Planning Districts 14 and 17 LUB
Page 85
Central water and sewer services
75 feet (22.9 m)
Other
100 feet (30.5 m)
Minimum Front or Flankage Yard
30 feet (9.1 m)
Minimum Rear or Side Yard
Central water and sewer services
8 feet (2.4 m)
Other
20 feet (6.1 m)
Maximum Lot Coverage
35 per cent
Maximum Height of Main Building
35 feet (10.7 m)
14.3
OTHER REQUIREMENTS: OPEN STORAGE AND OUTDOOR DISPLAY
Where any portion of any lot in any C-4 Zone is to be used for open storage or outdoor
display, the following shall apply:
(a)
The combination of any permitted buildings and any area devoted to open storage
or outdoor display shall not exceed seventy-five (75) per cent of the lot area.
(b)
No open storage shall be permitted within any required front yard.
(c)
No open storage or outdoor display shall be permitted in any required yard within
any C-4 Zone where the required yard abuts any Residential or Community Facility
Zone, except where a fence or other visual barrier is provided.
14.4
OTHER REQUIREMENTS: SERVICE STATIONS
(a)
Minimum Lot Area:
50,000 square feet (4645 m2)
(b)
Minimum Lot Frontage:
150 feet (45.7 m)
(c)
No portion of any pump island shall be located closer than fifty (50) feet (15.2 m)
from any street line;
(d)
The minimum distance between ramps or driveways shall be thirty (30) feet (9.1
m);
(e)
The minimum distance from a ramp or driveway to a road intersection shall be fifty
(50) feet (15.2 m);
(f)
The minimum angle of intersection of a ramp to a road line shall be between
forty-five (45) and one hundred thirty-five (135) degrees; and
(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).
14.5
OTHER REQUIREMENTS: VEHICLE HOLDING AREAS
Where any permitted use within the C-4 Zone involves a holding area for the storage of
vehicles for repair or salvage, the following shall apply:
(a)
No vehicle holding area shall exceed three thousand (3,000) square feet (278.7 m2)
and shall be screened from public view.
(b)
No vehicle holding area shall be permitted within any required yard.
Planning Districts 14 and 17 LUB
Page 86
14.6
OTHER REQUIREMENTS: ABUTTING YARDS
Where any C-4 (Highway Commercial) Zone abuts any Residential or Community Facility
Zone, a minimum side or rear yard of thirty (30) feet (9.1 m) shall be required and any such
yard shall be landscaped so as to provide a visual buffer.
14.7
OTHER REQUIREMENTS: RESIDENTIAL USES
In any C-4 Zone, where accessory dwelling units are permitted, any such unit shall be
located to the rear of the building line formed by the front of the main structure on the lot.
14.8
C-4 ZONE REQUIREMENTS: COMMUNITY USES
In any C-4 Zone, where uses are permitted as Community Uses, no development permit
shall be issued except in conformity with the provisions of Part 22.
Planning Districts 14 and 17 LUB
Page 87
PART 14A: CC (CANAL COURT) ZONE (RC-Oct 23/12;E-Jan 12/13)
14A.1 USES PERMITTED
No development permit shall be issued in any CC (Canal Court) Zone except for the
following:
Commercial Uses
Retail Stores
Service and Personal Service Uses
Offices
Banks and Financial Institutions
Restaurants -Full Service and Take-out
Existing Service Stations pursuant to Section 4.6 (j)
Craft Shops
Residential and Commercial 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)
Home Businesses
Existing Multiple Unit Dwellings pursuant to Section 4.6 (k)
Short-term Bedroom Rentals accessory to a residential use with up to 4 bedrooms
(RC-Feb 21/23;E-Sep 1/23)
Community Uses
Public and private parks and playgrounds
Cemeteries
Historic sites and monuments
Museums as an educational institution
14A.2 CC ZONE REQUIREMENTS: RESIDENTIAL USES
In any CC Zone, where uses are permitted as Residential Uses, no development
permit shall be issued except in conformity with the following:
Minimum Lot Area:
10,000 square feet (929 m2) where
central sewer services are provided
40,000 square feet (3716 m2) where
no central sewer services are
provided
Minimum Frontage:
75 feet (22.9 m) where central sewer
services are provided
100 feet (30.4 m2) where no central
sewer services are provided
Maximum Front or Flankage Yard
3 feet (0.9 m2)
Minimum Side Yard:
8 feet (2.4 m2) where central sewer
services are provided
Planning Districts 14 and 17 LUB
Page 88
15 feet (4.5 m2) where no central
sewer services are provided
Minimum Rear Yard
25 feet (7.6 m2)
Maximum Lot Coverage (Building)
35 percent
Maximum Impervious Surface Coverage
50 percent
Maximum Height of Main Building
35 feet (10.7 m2)
Minimum Height of Main Building
35 feet (7.6 m2)
Maximum Building Width
60 feet (18.2 m)
Minimum Landscaped Area
25 percent
14A.3 CC ZONE REQUIREMENTS: COMMERCIAL USES
In any CC Zone, where uses are permitted as Commercial Uses, no development
permit shall be issued except in conformity with the following:
Minimum Lot Area:
10,000 square feet (929 m2) where
central sewer services are provided
40,000 square feet (3716 m2) where
no central sewer services are
provided
Minimum Frontage:
75 feet (22.9 m)
100 feet (30.4 m) where no central
sewer services are provided
Maximum Front or Flankage Yard:
3 feet (0.9 m)
Minimum Side Yard:
8 feet (2.4 m) where central sewer
services are provided
15 (4.5 m) where no central sewer
services are provided
Minimum Rear Yard
25 feet (7.6 m)
Maximum Lot Coverage (Building)
35 per cent
Maximum Impervious Surface Coverage
50 percent
Maximum Height of Main Building
35 feet (10.7 m)
Minimum Height of Main Building
25 feet (7.6 m)
Maximum Building Width
60 feet (18.2 m)
Minimum Landscaped Area
25 percent
14A.4 OTHER REQUIREMENTS - FLOOR AREA
(a)
The gross floor area of the main building on a lot in any CC Zone, shall not
exceed 4,000 square feet (371.6 m2). No main building footprint shall exceed
2,000 square feet (185.8 m2).
14A.5 OTHER REQUIREMENTS - INCREASED FLOOR AREA
(a)
Notwithstanding Section 14A.4 (a), where uses are permitted as Commercial
Uses situated at 1480 Fall River Road, as illustrated in Schedule F, the
following shall apply:
(i)
gross floor area of the building may be increased to 6,000 square feet
Planning Districts 14 and 17 LUB
Page 89
(557.4 m2),
(ii)
no main building footprint shall exceed 2,000 square feet (185.8 m2);
and
(iii)
all uses permitted as Commercial Uses, except Existing Service Stations
or Exiting Multiple Unit Dwellings, in any CC Zone can be extended
throughout the entire building.
(b)
Notwithstanding Sections 14.3 and 14A.4 (a), where uses are permitted as
Commercial Uses situated at 1470 Fall River Road, as illustrated on Schedule
G, the following shall apply:
(i)
the gross floor area of the main building may be increased to 9,000
square feet (836.1 m2);
(ii)
no main building footprint shall exceed 6,000 square feet (557.4 m2);
(iii)
the width of the main building maybe increased to a maximum of 141
feet (42.9 m); and
(iv)
all uses permitted as Commercial Uses, except Existing Service Stations
or Existing Multiple Unit Dwellings, in any CC Zone may be extended
throughout the entire building.
14A.6 OTHER REQUIREMENTS - BED AND BREAKFAST ESTABLISHMENTS
(Deleted: RC-Feb 21/23; E-Sept 01/23)
14A.7 OTHER REQUIREMENTS - HOME BUSINESS USES
The following requirements shall apply for all home business uses:
(a)
Any business shall be wholly contained within the dwelling which is the
principal residence of the owner of the business. No more than one employee,
not living in the dwelling, shall be permitted.
(b)
No more than 500 square feet (46.5 m2) of the building or accessory building
shall be devoted to any business use.
(c)
Notwithstanding subsection (b), day care services for not more than 7 children
may be permitted in conjunction with single unit dwellings subject to the
remaining requirements for home business uses.
(d)
No mechanical equipment shall be used except that which is reasonably
consistent with the use of a dwelling and which is not obnoxious.
(e)
Excluding out play areas associated with a daycare facility, no storage or
display of materials, goods, supplies, or equipment related to the operation of
the business use shall be permitted outside on the property.
(f)
No more than one (1) sign shall be permitted advertising any such home
business and no such sign shall exceed 2 square feet (0.2 m2) in area.
(g)
One off-street parking space shall be required for every 150 square feet (13.9
m2) of floor space devoted to the Home Business.
14A.8 OTHER REQUIREMENT: COMMERCIAL PARKING
Within the CC Zone, parking shall be located at the side and/or in the rear of the
building. Where parking is located in any required yard abutting a residential use, a
wood fence of 5 feet (1.52 m) in height or a landscaped buffer, shall be constructed
Planning Districts 14 and 17 LUB
Page 90
along all property boundaries abutting the residential use. The landscaped buffer
may contain evergreen trees, earth berms, fences, or shrubs provided it screens the
parking lot from the abutting residential property.
14A.9 OTHER REQUIREMENTS - STORAGE AND UTILITIES
Where uses are permitted as Commercial Uses in any CC Zone, the following
requirements shall apply:
(a)
No storage or display of materials, goods, supplies, or equipment related to the
operation of the business use shall be permitted outside of a building on the
property;
(b)
HVAC equipment, refuse containers, electrical equipment excluding metres,
propane tanks, oil tanks and other similar equipment shall not face the street
or shall be screened with a fence, berm or Landscaping that creates a visual
barrier.
14A.10 OTHER REQUIREMENTS: LANDSCAPING
Where uses are permitted as Commercial Uses in any CC Zone, the following
requirements shall apply:
(a)
A 15 foot (4.6 m) wide landscape strip shall be provided along all street lines,
exclusive of buildings, driveways and walkways. The required landscape strip
shall incorporate a minimum of one (1) tree (minimum of 60 mm calliper) and
three (3) shrubs per 15 feet (4.6 m) of street lines. The required landscape
strip, may be installed in the form of groupings.
(b)
In addition to clause (a), all landscaped areas shall include any one or a
combination ground covers of grass, natural ground covers such as water
features, washed or flat stone, decorative pavers, mulch, perennials, and
annuals.
(c)
Notwithstanding clauses (a) and (b), existing trees and shrubs may be
incorporated into the landscaped strip, and where possible may be calculated
as part of the one (1) tree and three (3) shrubs per 15 foot (4.6 m) requirement.
(d)
Notwithstanding clauses (a) and (b), existing trees that are in excess of 150 mm
in calliper, measured 150 mm above grade, shall be retained in the landscaped
strip where possible and shall be calculated as part of the one (1) tree and three
(3) shrubs per 15 foot (4.6 m) requirement.
14A.11 OTHER REQUIREMENTS: LIGHTING
Where uses are permitted as Commercial Uses in any CC Zone, all lighting shall be
designed to meet the following requirements:
(a)
all lighting devices shall be designed to direct light to driveways, parking areas,
loading area, building entrances and walkways and arranged to divert the
light away from streets, adjacent lots and buildings;
(b)
have different purpose oriented lighting such as flush mount lighting for
Planning Districts 14 and 17 LUB
Page 91
building accent, ground-oriented lighting along pathways, shall be provided;
and
(c)
comprise full cut-off fixtures that are properly shielded to reduce the spillover
of lighting onto adjacent properties.
Planning Districts 14 and 17 LUB
Page 92
PART 14B: VC-CDD (VILLAGE CORE COMPREHENSIVE DEVELOPMENT
DISTRICT) ZONE (RC-Oct 23/12;E-Jan 12/13)
14B.1 VC -CDD DEVELOPMENT AGREEMENT REQUIREMENTS
No development permit shall be issued for a development in a VC-CDD Zone unless
the proposed development is in conformance with a development agreement which
has been approved by Council.
14B.2 USES PERMITTED
The following uses maybe permitted in any VC-CDD (Village Core Comprehensive
Development District Zone) Zone:
Commercial Uses
Retail Stores
Food stores
Service and Personal Service Uses
Offices
Health and Wellness Centres
Banks and Financial Institutions
Restaurants -Full Service and Take-out
Funeral Establishments, excluding crematoriums
Greenhouses and Nurseries
Medical, Dental and Veterinarian Clinics, outdoor kennels associated with veterinary
clinics are prohibited
Garden Centre
Pub, tavern, lounge
Craft Shops
Residential Uses
Multiple Unit Dwellings no greater than 3 units per gross acre
Shared housing (RC-Aug 9/22;E-Sep 15/22)
Community Uses
Open space uses
Institutional uses
Fraternal Halls and Centres
Transit Facilities
Planning Districts 14 and 17 LUB
Page 93
PART 14C: VMS (VILLAGE MAIN STREET) ZONE (RC-Oct 23/12;E-Jan 12/13)
14C.1 USES PERMITTED
No development permit shall be issued in any VMS (Village Mainstreet) Zone except
for the following:
Commercial Uses
Retail Stores
Service and Personal Service Uses
Offices
Wellness Centres
Banks and Financial Institutions,
Restaurants -Full Service, Take-out and Drive-in
Existing Service Stations pursuant to Section 4.6 (j)
Funeral Establishments, excluding crematoriums
Greenhouses and Nurseries
Medical, Dental and Veterinarian Clinics, outdoor kennels associated with veterinary
clinics are prohibited
Garden Centre
Pub, Tavern, lounge
Craft 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)
Home Businesses
Short-term Bedroom Rentals accessory to a residential use with up to 4 bedrooms
(RC-Feb 21/23;E-Sep 1/23)
Community Uses
Open space uses
Institutional uses
Fraternal Halls and Centres
Transit Facilities
14C.2 VMS ZONE REQUIREMENTS: RESIDENTIAL USES
In any VMS Zone, where uses are permitted as Residential Uses, no development
permit shall be issued except in conformity with the following:
Minimum Lot Area:
10,000 square feet (929 m2) where
central sewer services are provided
40,000 square feet (3716 m2) where
no central sewer services are
provided
Planning Districts 14 and 17 LUB
Page 94
Minimum Frontage:
75 feet (22.9 m) where central
services are provided 100 feet (30.4
m) where no central sewer services
are provided
Minimum Front or Flankage Yard:
30 feet (9.1 m)
Minimum Side Yard:
8 feet (2.4 m) where central sewer
services are provided 8 feet (4.5 m)
where no central sewer services are
provided
Minimum Rear Yard:
15 feet (4.5 m)
Maximum Lot Coverage:
35 per cent
Maximum Impervious Surface Coverage:
50 percent
Maximum Height of Main Building:
10.7 metres (35 ft.)
Maximum Building Width:
60 feet (18.2 m)
Minimum Landscaped Area:
25 percent
14C.3 OTHER REQUIREMENTS: COMMERCIAL USES
In any VMS Zone, where uses are permitted as Commercial Uses, no development
permit shall be issued except in conformity with the following:
Minimum Lot Area:
10,000 square feet (929 m2) where
central sewer services are provided
40,000 square feet (3716 m2) where
no central sewer services are
provided
Minimum Frontage:
75 feet (22.9 m) where central
services are provided 100 feet (30.4
m) where no central sewer services
are provided
Minimum Front or Flankage Yard:
30 feet (9.1 m)
Minimum Side Yard:
15 feet (4.5 m) where no central
sewer services are provided 8 feet
(2.4 m) where central
sewer
services are provided
Minimum Rear Yard:
15 feet (4.5 m)
Maximum Lot Coverage:
35 per cent
Maximum Impervious Surface Coverage:
50 percent
Maximum Height of Main Building:
10.7 metres (35 ft.)
Maximum Building Width:
60 feet (18.2 m)
Minimum Landscaped Area:
25 percent
14C.4 OTHER REQUIREMENTS - FLOOR AREA
(a)
The gross floor area of the main building on a lot in any VMS Zone, shall not
exceed 8,000 square feet (743.2 m5). In addition, no main building footprint
shall exceed 4,000 square feet (371.6 m5).
Planning Districts 14 and 17 LUB
Page 95
14C.5 OTHER REQUIREMENTS - INCREASED FLOOR AREA AND BUILDING
WIDTH
(a)
Notwithstanding Section 14C.3 (a), where uses are permitted as Commercial
or Community uses situated at 3182 Highway 2, as illustrated on Schedule I,
the following shall apply:
(i)
the gross floor area of the main building may be increased to 20,000
square feet (1858 m5);
(ii)
no main building footprint shall exceed 10,000 square feet (929 m5);
(iii)
all uses permitted as Commercial or Community uses, except Existing
Service Stations, in any VMS Zone may be extended throughout the
entirety of the building; and
(iv)
the width of the main building maybe increased to a maximum of 120
feet (36.5 m).
14C.6 OTHER REQUIREMENTS - BED AND BREAKFAST ESTABLISHMENTS (RC-
Feb 21/23;E-Sep 1/23)
14C.7 OTHER REQUIREMENTS - HOME BUSINESS USES
The following requirements shall apply for all home business uses:
(a)
Any business shall be wholly contained within the dwelling which is the
principal residence of the owner of the business. No more than one employee,
not living in the dwelling, shall be permitted.
(b)
No more than 500 square feet (46.5 m2) of the building or accessory building
shall be devoted to any business use.
(c)
Notwithstanding subsection (b), day care services for not more than 7 children
may be permitted in conjunction with single unit dwellings subject to the
remaining requirements for home business uses.
(d)
No mechanical equipment shall be used except that which is reasonably
consistent with the use of a dwelling and which is not obnoxious.
(e)
Excluding out play areas associated with a daycare facility, no storage or
display of materials, goods, supplies, or equipment related to the operation of
the business use shall be permitted outside on the property.
(f)
No more than one (1) sign shall be permitted advertising any such home
business and no such sign shall exceed 2 square feet (0.2 m2) in area.
(g)
One off-street parking space shall be required for every 150 square feet (13.9
m2) of floor space devoted to the Home Business.
14C.8 OTHER REQUIREMENT: COMMERCIAL PARKING
Within the VMS Zone, parking shall be located at the side and/or in the rear of the
building. Where parking is located in any required yard abutting a residential use,
an opaque fence of 5 feet (1.52 m) in height or a landscaped buffer, adequate to screen
the view from the adjacent residential property, shall be constructed along all
property boundaries abutting the residential use. The landscaped buffer may contain
Planning Districts 14 and 17 LUB
Page 96
evergreen trees, earth berms, fences, or shrubs provided it provided an effective
screen of the parking lot from the abutting residential property.
14C.9 OTHER REQUIREMENTS - STORAGE
Where uses are permitted as Commercial Uses in any VMS Zone, the following
requirements shall apply:
(a)
Except for Garden Centres, no storage or display of materials, goods, supplies,
or equipment related to the operation of the business use shall be permitted
outside of a building on the property; and
(b)
HVAC equipment, trash containers, electrical equipment, propane tanks and
other similar features shall not face the street and shall be screened with a
fence, berm or Landscaping that creates a visual barrier.
14C.10 COMMUNITY USES - ZONE REQUIREMENTS
In any VMS Zone, where uses are permitted as Community Uses, no development
permit shall be issued except in conformity with the provisions of Part 22.
14C.11 OTHER REQUIREMENTS: LANDSCAPING
Where uses are permitted as Commercial or Community uses in any VMS Zone, the
following requirements shall apply:
(a)
A 30 foot (9.1 m) wide landscape strip shall be provided along all street
property lines, exclusive of buildings, driveways and walkways and a 15 foot
(4.6 m) wide landscape strip shall be provided along all other property lines
exclusive of driveways and walkways. The required landscape strip along the
street property line shall incorporate a minimum of one (1) tree (minimum of
60 mm caliber) and three (3) shrubs per 15 feet (4.6 m) of street frontage. The
required landscape strip, may be installed in the form of groupings, provided
a minimum ratio of one (1) tree and three (3) shrubs are provided per 15 feet
(4.6 m) of street frontage.
(b)
In addition to clause (a), all landscaped areas shall include any one or a
combination ground covers of grass, natural ground covers such as water
features, washed or flat stone, decorative pavers, mulch, perennials, and
annuals.
(c)
Notwithstanding clauses (a) and (b), existing trees and shrubs may be
incorporated into the landscaped strip, and where possible may be calculated
as part of the one (1) tree and three (3) shrubs per 15 foot (4.6 m) requirement.
(d)
Notwithstanding clauses (a) and (b), existing trees that are in excess of 150 mm,
measured 150 mm above grade, shall be retained in the landscaped strip where
possible and shall be calculated as part of the one (1) tree and three (3) shrubs
per 15 foot (4.6 m) requirement.
Planning Districts 14 and 17 LUB
Page 97
14C.12 OTHER REQUIREMENTS: LIGHTING
Where uses are permitted as Commercial Uses in any VMS Zone, all lighting shall be
designed to meet the following requirements:
(a)
all lighting devices shall be designed to direct light to driveways, parking areas,
loading area, building entrances and walkways and arranged to divert the
light away from streets, adjacent lots and buildings;
(b)
have different purpose oriented lighting such as flush mount lighting for
building accent, ground-oriented lighting along pathways, shall be provided;
and
(c)
comprise full cut-off fixtures that are properly shielded to reduce the spillover
of lighting onto adjacent properties.
Planning Districts 14 and 17 LUB
Page 98
PART 14D: VG (VILLAGE GATEWAY) ZONE (RC-Oct 23/12;E-Jan 12/13)
14D.1 USES PERMITTED
No development permit shall be issued in any VG (Village Gateway) Zone except for
the following:
Commercial Uses
Retail Stores
Service and Personal Service Uses,
Offices
Health and Wellness Centres
Banks and Financial Institutions
Restaurants Full-Service, Take-out and Drive-in
Existing Service Stations pursuant to Section 4.6 (j)
Greenhouses and Nurseries
Funeral Establishments, excluding crematoriums
Medical, Dental and Veterinarian Clinics
Garden Centre
Pub, Tavern, lounge
Hotels, motels and motor-inns
Parking lots
Craft Shops
Short-term rentals (RC-Feb 21/23;E-Sep 1/23)
Short-term bedroom rentals (RC-Feb 21/23;E-Sep 1/23)
Residential Uses
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)
Community Uses
Open space uses
Institutional uses
Fraternal Halls and Centres
Transit Facilities
14D.2 VG ZONE REQUIREMENTS: ALL PERMITTED USES
In any VG Zone, no development permit shall be issued except in conformity with the
following:
Minimum Lot Area:
40,000 square feet (3716 m2)
Minimum Frontage:
100 feet (30.4 m)
Minimum Front or Flankage Yard:
30 feet (9.1 m)
Minimum Side Yard:
15 feet (4.5 m)
Minimum Rear Yard:
15 feet (4.5 m)
Maximum Lot Coverage:
35 per cent
Planning Districts 14 and 17 LUB
Page 99
Maximum Impervious Surface Coverage:
50 percent
Maximum Height of Main Building:
35 feet (10.7 m)
14D.3 VG ZONE REQUIREMENTS - COMMERCIAL FLOOR AREA
The gross floor area of the main buildings on a lot in any VG Zone, shall not exceed
20,000 square feet (1858 m5). In addition, no main building footprint shall exceed
10,000 square feet (929 m5).
14D.4 OTHER REQUIREMENTS - INCREASED FLOOR AREA
Notwithstanding Section 14D.3 (a), where uses are permitted as Commercial Uses at
3009 Highway 2, as illustrated on Schedule J, the following shall apply:
(i)
the gross floor area of the main building may be increased to 32,000 square
feet (2972 m5);
(ii)
no main building footprint shall exceed 16,000 square feet (1486 m5); and
(iii)
all uses permitted as Commercial Uses in any VG Zone, except existing Service
Stations, may be extended throughout the entirety of the building.
14D.5 OTHER REQUIREMENTS - INCREASED FLOOR AREA
Notwithstanding Section 14D.3 (a), where uses are permitted as Commercial Uses at
2998 Highway 2, as illustrated on Schedule K, the maximum gross floor area of all
buildings on the four lots combined shall be limited to 32,000 square feet (2972 m2)
with no building footprint exceeding 8,000 square feet (743.2 m2). The maximum
number of buildings permitted in the area shown on Schedule K shall be limited to 3.
14D.6 OTHER REQUIREMENT: COMMERCIAL PARKING
Within the VG Zone, parking lots shall be located at the side, rear or in a combination
of the side and rear of the building.
14D.7 OTHER REQUIREMENTS - STORAGE AND UTILITIES
Where uses are permitted as Commercial Uses in any VG Zone, the following
requirements shall apply:
(a)
Except for Garden Centres, no storage or display of materials, goods, supplies,
or equipment related to the operation of the business use shall be permitted
outside of a building on the property; and
(b)
HVAC equipment, trash containers, electrical equipment, propane tanks and
other similar features shall not face the street and shall be screened with a
fence; berm or landscaping that creates a visual barrier.
14D.8 COMMUNITY USES - ZONE REQUIREMENTS
In any VG Zone, where uses are permitted as Community Uses, no development
Planning Districts 14 and 17 LUB
Page 100
permit shall be issued except in conformity with Part 22.
14D.9 OTHER REQUIREMENTS: LANDSCAPING
Where uses are permitted as Commercial or Community uses in any VG Zone, the
following requirements shall apply:
(a)
A 30 foot (9.1 m) wide landscape strip shall be provided along all street
property lines, exclusive of buildings, driveways and walkways and a 15 foot
(4.6 m) wide landscape strip shall be provided along all other property lines
exclusive of driveways and walkways. The required landscape strip along the
street property line shall incorporate a minimum of one (1) tree (minimum of
60 mm caliber) and three (3) shrubs per 15 feet (4.6 m) of street frontage. The
required landscape strip, may be installed in the form of groupings, provided
a minimum ratio of one (1) tree and three (3) shrubs are provided 15 feet (4.6
m) of street frontage.
(b)
In addition to clause (a), all landscaped areas shall include any one or a
combination ground covers of grass, natural ground covers such as water
features, washed or flat stone, decorative pavers, mulch, perennials, and
annuals.
(c)
Notwithstanding clauses (a) and (b), existing trees and shrubs may be
incorporated into the landscaped strip, and where possible may be calculated
as part of the one (1) tree and three (3) shrubs 15 foot (4.6 m) requirement.
(d)
Notwithstanding clauses (a) and (b), existing trees that are in excess of 150 mm,
measured 150 mm above grade, shall be retained in the landscaped strip where
possible and shall be calculated as part of the one (1) tree and three (3) shrubs
per 15 foot (4.6 m) requirement.
14D.10 OTHER REQUIREMENTS: LIGHTING
Where uses are permitted as Commercial Uses in any VG Zone, all lighting shall be
designed to meet the following requirements:
(a)
all lighting devices shall be designed to direct light to driveways, parking areas,
loading area, building entrances and walkways and arranged to divert the
light away from streets, adjacent lots and buildings;
(b)
have different purpose oriented lighting such as flush mount lighting for
building accent, ground-oriented lighting along pathways, shall be provided;
and
(c)
comprise full cut-off fixtures that are properly shielded to reduce the spillover
of lighting onto adjacent properties.
Planning Districts 14 and 17 LUB
Page 101
PART 14E
FRB (FALL RIVER BUSINESS) ZONE (RC-Oct 23/12;E-Jan 12/13)
14E.1 USES PERMITTED
No development permit shall be issued in any FRB (Fall River Business) Zone except
for the following:
Commercial Uses
Light Manufacturing (including a cannabis production facility (RC-Sep 18/18;E-
Nov 3/18)) that is not obnoxious and is wholly contained and conducted within a
building
Offices
Health and Wellness Centres
Banks and Financial Institutions
Greenhouses and Nurseries
Commercial recreation uses
Funeral Establishments
Medical, Dental and Veterinarian Clinics
Existing Service Stations pursuant to Section 4.6 (j)
Building supply outlets
Pub, Tavern, lounge
Hotels, motels and motor-inns
Parking lots
Transportation terminals
Construction storage yards
Warehousing and wholesaling
Short-term rentals (RC-Feb 21/23;E-Sep 1/23)
Short-term bedroom rentals (RC-Feb 21/23;E-Sep 1/23)
Vehicle Services (NWCC-June 9/25;E-Jun 25/25)
Residential Uses
Single unit dwellings accessory to any permitted use
Shared housing use with 10 or fewer bedrooms accessory to any permitted use (RC-
Aug 9/22;E-Sep 15/22)
Community Uses
Open space uses
Institutional uses
Fraternal Halls and Centres
Transit Facilities
14E.2 FRB ZONE REQUIREMENTS: ALL PERMITTED USES
In any FRB Zone, no development permit shall be issued except in conformity with
the following:
Minimum Lot Area:
40,000 square feet (3716 m2)
Planning Districts 14 and 17 LUB
Page 102
Minimum Frontage:
100 feet (30.4 m)
Minimum Front or Flankage Yard:
30 feet (9.1 m)
Minimum Side Yard:
15 feet (4.5 m)
Minimum Rear Yard:
15 feet (4.5 m)
Maximum Lot Coverage:
35 per cent
Maximum Height of Main Building:
35 feet (10.7 m)
14E.3 FRB ZONE REQUIREMENTS - COMMERCIAL FLOOR AREA
The gross floor area of any building supply outlet on a lot in any FRB Zone, shall not
exceed 20,000 square feet (1858 m5).
14E.4 COMMUNITY USES - ZONE REQUIREMENTS
In any FRB Zone, where uses are permitted as Community Uses, no development
permit shall be issued except in conformity with Part 22.
14E.5 OTHER REQUIREMENTS: LANDSCAPING
(1)
Where uses are permitted as Commercial or Community uses in any FRB
Zone, the following requirements shall apply:
(a)
A 30 foot (9.1 m) wide landscape strip shall be provided along all street
property lines, exclusive of buildings, driveways and walkways and a
15 foot (4.6 m) wide landscape strip shall be provided along all other
property lines exclusive of driveways and walkways. The required
landscape strip along the street property line shall incorporate a
minimum of one (1) tree (minimum of 60 mm caliber) and three (3)
shrubs per 15 feet (4.6 m) of street frontage. The required landscape
strip, may be installed in the form of groupings, provided a minimum
ratio of one (1) tree and three (3) shrubs are provided per 15 feet (4.6
m) of street frontage.
(b)
In addition to clause (a), all landscaped areas shall include any one or
a combination ground covers of grass, natural ground covers such as
water features, washed or flat stone, decorative pavers, mulch,
perennials, and annuals.
(c)
Notwithstanding clauses (a) and (b), existing trees and shrubs may be
incorporated into the landscaped strip, and where possible may be
calculated as part of the one (1) tree and three (3) shrubs per 15 foot
(4.6 m) requirement.
(d)
Notwithstanding clauses (a) and (b), existing trees that are in excess of
150 mm, measured 150 mm above grade, shall be retained in the
landscaped strip where possible and shall be calculated as part of the
one (1) tree and three (3) shrubs per 15 foot (4.6 m) requirement.
(2)
Where any FRB Zone abuts any Residential or Community Facility Zone, the
abutting yard shall be landscaped so as to provide a visual buffer.
Planning Districts 14 and 17 LUB
Page 103
14E.6 OTHER REQUIREMENTS: LIGHTING
Where uses are permitted as Commercial Uses in any FRB Zone, all lighting shall be
designed to meet the following requirements:
(a)
all lighting devices shall be designed to direct light to driveways, parking areas,
loading area, building entrances and walkways and arranged to divert the
light away from streets, adjacent lots and buildings;
(b)
have different purpose oriented lighting such as flush mount lighting for
building accent, ground-oriented lighting along pathways, shall be provided;
and
(c)
comprise full cut-off fixtures that are properly shielded to reduce the spillover
of lighting onto adjacent properties.
14E.7 OTHER REQUIREMENTS: CANNABIS PRODUCTION FACILITIES (RC-Sep
18/18;E-Nov 3/18)
(a)
Where a lot containing a cannabis production facility abuts a lot
(i)
zoned or used for residential purposes, or
(ii)
that is used for a daycare, community centre, school, religious
institution, public park or playground,
such facility, including any building or outdoor area used as a cannabis production
facility, shall be set back a minimum 230 feet (70 metres) from the abutting lot line.
Planning Districts 14 and 17 LUB
Page 104
PART 14F:
RCDD (RESIDENTIAL COMPREHENSIVE DEVELOPMENT
DISTRICT) ZONE (RC-Oct 23/12;E-Jan 12/13)
14F.1 RCDD DEVELOPMENT AGREEMENT REQUIREMENTS
No development permit shall be issued for a development in a RCDD Zone unless the
proposed development is in conformance with a development agreement which has
been approved by Council.
14F.2 USES PERMITTED
The following uses maybe permitted in any RCDD (Village Core Comprehensive
Development District Zone) Zone:
Local Commercial Uses
Variety Stores
Restaurant - Take-out
Food Stores
Offices
Medical and dental offices and clinics
Service and Personal Uses
Craft Shops
Commercial Uses
Self Storage Facility
Residential Uses
Multiple Unit Dwellings
Townhouses
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)
14F.3 RCDD REQUIREMENTS - LOCAL COMMERCIAL FLOOR AREA
The gross floor area of any local commercial floor space on a lot in any RCDD Zone,
shall not exceed 371 square metres (4000 ft5) and the gross floor area of any self
storage facility shall not exceed 929 square metres (10,000 ft2)
Planning Districts 14 and 17 LUB
Page 105
PART 14G:
RLRC (RIVER-LAKES RESIDENTIAL CAMPUS) ZONE (RC-Mar 5/19;E-Apr
6/19)
14G.1 RLRC USES PERMITTED
(1)
No development permit shall be issued for a development within Area A of Schedule
O of the RLRC (River-Lakes Residential Campus) Zone unless the proposed
development is in conformance with an approved development agreement. (Minister
Of Housing-;E-Oct 6/26)
(1.5) Notwithstanding subsection (1), a driveway access to a permitted use within Area B
may be located within Area A without a development agreement. (Minister Of
Housing-;E-Oct 6/26)
(2)
The following uses are permitted within the RLRC (River-Lakes Residential Campus)
Zone:
Shared housing with special care (RC-Aug 9/22;E-Sep 15/22)
Uses accessory of the foregoing (Minister Of Housing-;E-Oct 6/26)
14.G2 deleted (Minister Of Housing-;E-Oct 6/26)
14G.3 DEVELOPMENT PERMIT IN RLRC ZONE
(a)
Deleted (Minister Of Housing-;E-Oct 6/26)
(b)
No development permit shall be issued for a development in the RLRC zone
unless the required uses and the requirements set out in sections 14G.4, 14G.5,
14G.7, 14G.8 are met. (Minister Of Housing-;E-Oct 6/26)
14G.4 RLRC ZONE REQUIREMENTS FOR AREA B (Minister Of Housing-;E-Oct 6/26)
In any RLRC Zone, a development WITHIN Area B of Schedule O shall meet the
following requirements: (Minister Of Housing-;E-Oct 6/26)
(a)
Minimum Lot Area:
5 acres (2.02 hectares)
Minimum Frontage:
100 feet (30.48 m)
Minimum Front or Flankage Yard:
30 feet (9.1 m)
Minimum Side Yard:
50 feet (15.24 m)
Minimum Rear Yard:
50 feet (15.24 m)
Maximum Height of Main Building
4 storeys
(b)
All proposed development within Area B shall be located centrally on the site
within the "General Area of Development" as shown on Schedule O. (Minister
Of Housing-;E-Oct 6/26)
Planning Districts 14 and 17 LUB
Page 106
14G.5 OTHER REQUIREMENTS: MAXIMUM BUILDING FOOTPRINT FOR AREA B
(Minister Of Housing-;E-Oct 6/26)
The gross footprint of any single main building WITHIN Area B of Schedule O shall not
exceed 45,000 square feet (4,180.5 m2). (Minister Of Housing-;E-Oct 6/26)
14G.6 deleted (Minister Of Housing-;E-Oct 6/26)
14G.7 OTHER REQUIREMENTS: SUPPORTING USES & ACCESSORY BUILDINGS FOR
Area B (Minister Of Housing-;E-Oct 6/26)
(a)
Deleted (Minister Of Housing-;E-Oct 6/26)
(b)
Accessory buildings located within Area B are permitted in the following number:
(i)
a maximum of one (1) accessory building for each Shared Housing with
Special Care building in accordance with Section 4.11; or
(ii)
notwithstanding Section 4.11 and subject to 14G.7(c), one (1) additional
stand alone building.
(c)
The accessory building provided for in accordance with 14G.7(b)(ii) shall not
contain Dwelling Units and shall not exceed 5,000 square feet (464.5 m2) in size.
14G.8 OTHER REQUIREMENTS: CONDITIONS FOR AREA B
(Minister Of Housing-;E-Oct 6/26)
(1)
No Development Permit within Area B of the RLRC Zone shall be issued unless
the following conditions have been met:
(a)
a Traffic Study is provided to the Municipality to determine the impacts the
development (full build out) may have on the surrounding road networks;
(b)
the required Traffic Study considers:
(i)
the Fall River Road and Highway 2 Intersection, the Highway
102/Highway 118 interchanges, and the Lockview Road and
MacPherson Road intersection, and
(ii)
the findings of the Fall River/Waverley/Wellington Transportation
Study; and
(c)
a Phosphorus Net Loading Study is provided to the Municipality to
determine if the development will export any greater amount of phosphorus
from the subject site during or after the construction than the amount of
phosphorus determined to be leaving the subject property shown on
Schedule O prior to the development taking place.
(2)
If the Traffic Study reveals that the development may have impact on the
surrounding road network, then the proposed development shall only be permitted
if the Development Officer is satisfied that methods/improvements have been taken
to reduce the impact.
(3)
If the Phosphorus Net Loading Study reveals that the phosphorus levels predicted
Planning Districts 14 and 17 LUB
Page 107
to be exported from the proposed development exceed the phosphorus levels
currently exported from the site, then the proposed development shall only be
permitted if the Development Officer is satisfied that the methods to be taken will
reduce phosphorus export levels to those levels that existed before the proposed
development, such as a reduction in density, or the building footprint.
(4)
Any stormwater management devices designed to treat phosphorus shall be located
on the development site.
(5)
A study necessary to meet the conditions in subsection 14G.8(1) shall be prepared
by a qualified professional and submitted to the Municipality when applying for a
development permit.
(6)
Within the non-disturbance area shown on Schedule O:
(a)
existing natural vegetation shall be retained; and
(b)
activity shall be limited to walkways and trails not exceeding 3 metres
in width, conservation uses, driveway crossings, and infrastructure
for wastewater, stormwater, and water, and water control structures.
(7)
All proposed walkways shall be:
(a)
located to provide safe and accessible pedestrian access to the
buildings from the parking area and from the street;
(b)
surfaced with a non-slip material, such as brick, concrete, or any
other suitable material to clearly delineate pedestrian walkways from
vehicle circulation areas; and
(c)
continuous, well-lit, free of obstruction, with low curbs, and
accommodate mobility devices such as walkers, wheelchairs and
scooters.
(8)
All lighting devices shall be designed to direct light to driveways, parking
areas, loading area, building entrances and walkways, and arranged to divert
the light away from streets, adjacent lots, and buildings.
(9)
Different purpose-oriented lighting shall be provided, such as flush mount
lighting for building accent, or ground-oriented lighting along pathways.
(10)
Lighting shall comprise full cut-off fixtures that are properly shielded to
reduce the spillover of lighting onto adjacent properties.
(11)
Any alteration of land, including the removal of topsoil, shall be undertaken
in a manner which does not impact negatively on the natural function of any
watercourse abutting the property or located on the property including
runoff and erosion.
Planning Districts 14 and 17 LUB
Page 108
(12)
Measures are identified for the effective drainage of stormwater within the
development site as well as any downstream or upstream areas which may be
affected by the development.
(13)
Site design and layout shall take into consideration the soil conditions and
shall minimize the amount of clearing and grubbing on steep slopes or
erosive soils.
14G.9 Deleted (Minister Of Housing-;E-Oct 6/26)
14.G.10 Deleted (Minister Of Housing-;E-Oct 6/26)
Planning Districts 14 and 17 LUB
Page 109
PART 15:
I-3 (LIGHT INDUSTRIAL) ZONE
15.1
I-3 USES PERMITTED
No development permit shall be issued in any I-3 (Light Industrial) Zone except for the
following:
Warehousing
Transportation terminals
Service industries
Building materials outlets
Light manufacturing assembly or processing operations (including cannabis production
facilities (RC-Sep 18/18;E-Nov 3/18)) which are not obnoxious and which are
conducted and wholly contained within a building
Greenhouses and nurseries
Wholesale operations
Office or retail uses accessory to any permitted use
Existing residential uses
Composting operations (see section 4.31) (MC-Feb 26/96;M-Mar 28/96)
15.2
I-3 ZONE REQUIREMENTS
Minimum Lot Area
40,000 square feet (3716 m2)
Minimum Frontage
120 feet (36.6 m)
Minimum Front Yard
50 feet (15.2 m)
Minimum Rear or Side Yard
25 feet (7.6 m)
Maximum Lot Coverage
50 per cent including Accessory
buildings and outdoor display areas
Outdoor storage - 25 per cent
15.3
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 or outdoor display shall be permitted in any required yard;
(b)
No open storage shall be permitted except where a fence or other visual barrier is
provided;
(c)
No open storage of scrap or other waste materials shall be permitted;
(d)
No materials shall be stored in any area set aside for open storage so as to exceed
the height of any fence or visual barrier;
(e)
No parking or loading area shall be permitted in any yard which abuts any
Residential or Community Facility Zone.
Planning Districts 14 and 17 LUB
Page 110
15.4
OTHER REQUIREMENTS: ENVIRONMENTAL
Notwithstanding Section 15.1, no person shall use any building in whole or in part, or use
any land in any I-3 Zone for any use which would be obnoxious as defined in Part 2.42 of
this By-law.
15.5
OTHER REQUIREMENTS: LANDSCAPING
The following landscaping provisions shall be required as conditions of any development
permit issued in any I-3 Zone:
(a)
where an I-3 Zone abuts either a public road or a Residential or Community Facility
Zone, a landscaped area of twenty (20) feet (6.1 m) in width shall be provided along
the property line abutting the public road or Residential or Community Facility
Zone;
(b)
lands within the required landscaped area shall be grassed and trees and/or shrubs
shall be planted at the rate of one (1) plant per each ten (10) feet (3.1 m) of the
length of the required yard;
(c)
where an I-3 Zone abuts a Residential or Community Facility Zone, no portion of
any driveway shall be located within any required landscaped area.
15.6 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 14 and 17 LUB
Page 111
PART 15A: CI (COMMERCIAL INDUSTRIAL) ZONE (RC-Feb 15/22;E-Apr 9/22)
15A.1 PERMITTED USE
No development permit shall be issues in any CI Zone except for the following uses:
Banks and financial institutions;
Brewery, winery and distillery uses;
Broadcast uses;
Caretaker units;
Day care facilities;
Emergency services uses;
Fitness centre uses;
Firewood mills;
Garden centres;
Heavy equipment sales and service uses;
Industrial training;
Industrial uses, except:
i.
Heavy industrial uses;
ii.
Salvage yards;
iii.
Composting operations; and
iv.
CD-1, CD-2, and CD-3 Zone uses
Kennels, pet daycare uses and veterinary clinics;
Light manufacturing assembly or processing operations (including cannabis
production facilities) which are not obnoxious and which are conducted and
wholly contained within a building;
Medical clinics;
Office or retail uses accessory to any permitted use;
Outdoor Display
Personal services;
Recreation uses, including commercial recreation;
Recreational vehicle sales;
Recycling depots;
Restaurant, drive-in; Restaurant, full-service; Restaurant, take-out;
Retail building suppliers and used building material retail outlets;
Retail uses;
Self-storage facilities;
Service uses;
Service stations;
(ab)
Transportation terminals;
(ac)
Utility uses;
(ad)
Vehicle services; and
(ae)
Accessory uses.
15A.2 ZONE REQUIREMENTS: ALL USES
Premises used for CI uses in a CI Zone shall comply with the following requirements:
Planning Districts 14 and 17 LUB
Page 112
Lot area minimum:
1.
10,000 sq. ft. (929 sq. m) where central sewer services are provided;
2.
80,000 sq. ft. (7,432 sq. m) where no central sewer services are provided.
Minimum frontage:
1.
100 feet (30.4 metres) where central sewer services are provided;
2.
150 feet (45.7 metres) where no central sewer services are provided.
Minimum yards and building separation:
i.
Front or flankage yard: 20 ft. (6.1 m);
ii.
Minimum rear or side yard: 20 feet (6.1 m); and
iii.
Minimum separation between buildings: 20 feet (6.1 m).
Maximum building height: 55 feet (16.7 m) for any building within 500 feet
(152.4 m) of a residential zone.
i.
Where a site abuts a residential, park or institutional zone, or an
existing residential use, the following shall apply: Any development
shall be setback at least 164 feet (50 m) and shall be effectively screened
by either a vegetated area or a berm; and
ii.
all welding, fabrication, sandblasting and similar potentially obnoxious
uses and operations located adjacent to a residential, park or
institutional zone shall be fully contained within a building or other
suitable structure designed to contain noise, odours, and dust.
For any development abutting Highway 107, a landscaped area consisting of
grass or existing vegetation shall be provided within the minimum required
yard setback between the development and the highway.
Exterior lighting, including security lighting, shall be directed to driveways,
parking areas, loading areas, building entrances and walkways and shall be
arranged to divert the light away from streets, adjacent lots and buildings.
Luminaries shall be shielded to prevent unnecessary glare.
15A.3 OTHER REQUIREMENTS: RETAIL USES.
Standalone retail uses shall not exceed a maximum gross floor area of 3000 sq. ft.
(278.7 sq. m) per retail premises. In a multi-tenant building, this requirement applies
to each retail premises within the building. This requirement shall not apply to:
garden centres;
heavy equipment sales and service uses;
recreational vehicle sales;
retail building suppliers;
used building material retail outlets;
vehicle services; or
retail uses accessory to a permitted industrial use.
15A.4 OTHER REQUIREMENTS: CANNABIS PRODUCTION FACILITIES
Cannabis production facilities in the CI Zone shall meet the following requirements:
Where a lot containing a cannabis production facility abuts a lot
i.
zoned or used for residential purposes, or
Planning Districts 14 and 17 LUB
Page 113
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.
15A.5 OTHER REQUIREMENTS: CARETAKER UNITS
Each industrial premises shall be permitted one caretaker unit. Caretaker units in
the CI Zone shall:
be located within a main building that contains a permitted industrial use;
include no more than two bedrooms; and
have a maximum floor area of 602.8 sq. ft. (56 sq. m.)
Planning Districts 14 and 17 LUB
Page 114
PART 15B: GI (GENERAL INDUSTRIAL) ZONE (RC-Feb 15/22;E-Apr 9/22)
15B.1 PERMITTED USE
No development permit shall be issues in any GI Zone except for the following uses:
(a)
All CI permitted uses;
(b)
Industrial uses, except:
i.
CD-3 Zone uses;
(c)
Accessory uses.
15B.2 ZONE REQUIREMENTS
Premises used for all GI uses in a GI Zone shall comply with the following
requirements:
Lot area minimum:
i.
10,000 sq. ft. (929 sq. m) where central sewer services are provided;
ii.
80,000 sq. ft. (7,432 sq. m) where no central sewer services are provided.
Minimum frontage:
i.
100 feet (30.4 metres) where central sewer services are provided;
ii.
150 feet (45.7 metres) where no central sewer services are provided.
Minimum yards and building separation:
i.
Front or flankage yard: 20 ft. (6.1 m);
ii.
Minimum rear or side yard: 20 feet (6.1 m); and
iii.
Minimum separation between buildings: 20 feet (6.1 m).
Exterior lighting, including security lighting, shall be directed to driveways,
parking areas, loading areas, building entrances and walkways and shall be
arranged to divert the light away from streets, adjacent lots and buildings.
Luminaries shall be shielded to prevent unnecessary glare.
15B.3 OTHER REQUIREMENTS: HEAVY INDUSTRIAL USES
Notwithstanding Clause (2)(a), Heavy industrial uses in the GI Zone shall contain a
minimum lot area of 107,639 sq. ft. (1.0 ha).
15B.4 OTHER REQUIREMENTS: SALVAGE YARDS
Salvage yards in the GI Zone shall meet both the requirements for heavy industrial
uses in Subsection 15B(3), and shall be screened from the view of any adjacent sites
or streets;
15B.5 OTHER REQUIREMENTS: CD-1 and CD-2 ZONE USES
CD-1 and CD-2 Zone uses in the GI Zone shall meet both the requirements of
subsection 15B(3) and the requirements of their respective zones.
Planning Districts 14 and 17 LUB
Page 115
15B.6 OTHER REQUIREMENTS: CANNABIS PRODUCTION FACILITIES
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 ft. (70 m) from the abutting lot line.
15B.7 OTHER REQUIREMENTS: CARETAKER UNITS
Each industrial premises shall be permitted one caretaker unit. Caretaker units in
the GI Zone shall:
be located within a main building that contains a permitted industrial use;
include no more than two bedrooms; and have a maximum gross floor area of
602.8 sq. ft. (56 sq. m).
Planning Districts 14 and 17 LUB
Page 116
PART 16: AE-1 (AEROTECH CORE) ZONE
16.1
AE-l USES PERMITTED
No development permit shall be issued in any AE-l (AeroTech Core) Zone except for the
following:
Industrial Uses
Aircraft and aerospace industries Research and development facilities and related
manufacturing
Scientific and professional equipment and products manufacturing and related uses
Electrical and electronic products manufacturing and related uses
Communications and information products manufacturing and related uses Industrial malls
Business Uses
Information processing and storage facilities
Communications facilities
Educational and training centres
All AE-3 permitted uses
16.2
AE-1 ZONE REQUIREMENTS
In any AE-1 Zone, no development permit shall be issued except in conformity with the
following:
Minimum Lot Area
120,000 square feet (11,148 m2)
Minimum Frontage
200 feet (61 m)
Minimum Front or Flankage Yard
75 feet (22.9 m)
Minimum Rear Yard
35 feet (10.7 m)
Minimum Side Yard
-
where structure is 35 feet
or less in height
35 feet
-
where structure is greater
than 35 feet in height
50 feet
Minimum Setback from any lot line
which is within 100 feet of Highway
#102 Right-of-way
75 feet (22.9 m)
Minimum Landscaped Area Exclusive
15 per cent of the area of the
of Required Yards
lot devoted to impervious surfaces
16.3
Deleted - DMA
16.4
OTHER REQUIREMENTS: ACCESSORY STRUCTURES
Within any AE-1 Zone, no accessory structure shall be located within any required yard
other than a security structure not exceeding 200 square feet (18.6 m2).
Planning Districts 14 and 17 LUB
Page 117
16.5
OTHER REQUIREMENTS: OUTDOOR STORAGE AND DISPLAY
Within any AE-1 Zone no outdoor storage or outdoor display area shall:
(a)
be located within any front or side yard;
(b)
be located within any yard which abuts lands abutting on Highway 102; or
(c)
be located except where a fence or other visual barrier is provided to completely
screen the use.
16.6
OTHER REQUIREMENTS: PARKING AND LOADING FACILITIES
Parking and loading areas within any AE-1 Zone shall be provided according to the
following:
(a)
General
(i)
No gasoline pumps or other service station equipment shall be located or
maintained on any parking area;
(ii)
No parking or loading space shall be located within any required yard;
(iii)
The minimum distance from a driveway to the limits of the rights-of-way at
any street intersection shall be seventy-five (75 feet) (22.9 m).
(iv)
On any lot where more than one access/egress is to be constructed, a
minimum separation of one hundred (100) feet (30.5 m) shall be maintained
between any two accesses/egresses;
(b)
Parking Areas
(i)
Parking areas shall be surfaced with asphalt and/or concrete and shall be
defined by a concrete curb, ornamental brick, planting or other landscape
feature;
(ii)
All parking areas shall be enhanced by means of trees, landscaped strips or
islands, or other features to provide visual relief and demarcate component
of the parking area;
(iii)
Parking areas shall be accessed/egressed by no more than two (2) driveways
and each driveway shall have a width of no less than sixteen (16) feet (4.9
m) and no wider than fifty (50) feet (15.2 m);
(iv)
A structure of not more than twenty (20) feet (6.1 m) in height and not more
than two hundred (200) square feet (18.6 m2) in area may be erected in the
parking area for the use of attendants and security personnel;
(v)
Lighting fixtures used for illumination of the parking area shall be so
arranged that no part of any fixture is more than thirty (30) feet (9.1 m)
above the finished grade of the parking area. Fixtures shall be designed and
installed so as to divert the light away from streets and adjacent lots and
buildings;
(vi)
No parking space shall be immediately adjacent to doors or passageways
from buildings;
(vii)
Notwithstanding Part 16.2, a minimum landscaped buffer of eight (8) feet
(2.4 m) shall be provided between the front or side wall of any main building
and an adjacent parking area or approach. The buffer may incorporate into
it a sidewalk, path or similar pedestrian feature in combination with
Planning Districts 14 and 17 LUB
Page 118
landscaping elements such as grass and plantings, and such area shall form
a part of the minimum required landscaped area;
(viii)
Each parking space shall be clearly demarcated and shall measure at least
eight (8) feet (2.4 m) by twenty (20) feet (6.1 m) or, in the case of spaces
provided for parallel parking, shall measure eight and one half (8.5) feet
(2.6 m) by twenty-two (22) feet (6.7 m); and
(ix)
The width of any driving aisle within the parking area shall be a minimum
width of ten (10) feet (3.5 m) for one-way traffic, and a minimum of twenty
(20) feet (6.1 m) for two-way traffic.
(c)
Loading and Docking Areas
(i)
No loading space shall be located in any required front or side yard nor in
any yard which abuts lands with frontage on Highway 102;
(ii)
Notwithstanding subsection (i), loading or docking areas may be located
within a side yard if concealed from view from a public road by means of
continuous screening which consists of plantings, masonry or
wood/wood-like products which are consistent with the design of the main
building and sufficient to screen the loading area;
(iii)
Access to loading spaces shall be by means of an unobstructed private
approach at least twelve (12) feet (3.6 m) in width if for one-way traffic and
twenty (20) feet (6.1 m) in width if for two-way traffic;
(iv)
Each loading space shall measure a minimum of twelve (12) feet (3.6 m) by
thirty (30) feet (9.1 m); and
(v)
Space shall be provided for standing vehicles awaiting access to loading
spaces.
16.7
OTHER REQUIREMENTS: ENVIRONMENTAL
(a)
No development permit shall be issued for any main building except where
municipal water, sewerage and storm drainage services are available.
(b)
No development shall be permitted which is obnoxious as defined in Part 2.42 of
this By-law.
16.8
OTHER REQUIREMENTS: AE-3 USES
In any AE-1 Zone, where uses are permitted as AE-3 uses, no development permit shall be
issued except in conformity with the provisions of Part 18.
Planning Districts 14 and 17 LUB
Page 119
PART 17:
AE-2 (GENERAL AIRPORT) ZONE
17.1
AE-2 USES PERMITTED
No development permit shall be issued in any AE-2 (General Airport) Zone except for the
following:
Airports and general airport facilities and services
Manufacturing, except primary processing warehousing and wholesaling
Construction industries
All AE -3 permitted uses
Outdoor display courts in conjunction with car rental services, a general airport
service (NWCC-Feb 12/18;E-Mar 3/18)
17.2
AE-2 ZONE REQUIREMENTS
Minimum Lot Area
80,000 square feet (45.7 m2)
Minimum Frontage
150 feet (45.7 m)
Minimum Front or Flankage Yard
50 feet (15.2 m)
Minimum Rear and Side Yard
15 feet (4.6 m)
Maximum Lot Coverage
40 percent
Minimum Separation
(any two buildings)
15 feet (4.6 m)
Minimum Yard Abutting Guysborough
Road or Highway #102
75 feet (22.9 m)
17.3
OTHER REQUIREMENTS: ACCESSORY STRUCTURES
Within any AE-2 Zone, no accessory structure except those provided for the purposes of
security or maintenance shall be located in any required yard nor built closer to the front
lot line than the main building.
17.4
OTHER REQUIREMENTS: LANDSCAPING
On any lot within any AE-2 Zone, landscaping shall be required as follows:
(a)
Where any AE-2 Zone abuts a public road or where it abuts any Residential,
Commercial, or Community Facility Zone, a landscaping area of thirty (30) feet
(9.1 m) in depth shall be provided along the property line abutting the public road,
Residential, Commercial, or Community Facility Zone;
(b)
Where any AE-2 Zone abuts Highway 102, lands within the abutting minimum rear
or side yard shall be maintained in the existing tree cover;
(c)
Where any AE-2 Zone abuts a Residential or Community Facility Zone, no portion
of any driveway or access shall be located within any landscaping area; and
(d)
Lands within any required landscaped area shall be grassed, and trees and/or shrubs
shall be planted or existing trees and/or shrubs shall be maintained at the minimum
rate of one (1) plant per each ten (10) feet (3.5 m) of the length of the required yard.
Planning Districts 14 and 17 LUB
Page 120
17.5
OTHER REQUIREMENTS: AE-3 USES
In any AE-2 Zone, where uses are permitted as AE-3 uses, no development permit shall be
issued except in conformity with the provisions of Part 18.
17.6 OTHER REQUIREMENTS: OUTDOOR DISPLAY COURT (NWCC-Feb 12/18;E-
Mar 3/18)
Within any AE-2 Zone, no outdoor display shall:
(a) be located within any front or side yard;
(b) be located within any yard abutting Highway 102; or
(c) occupy more than 10 percent of the area used to store rental cars.
Planning Districts 14 and 17 LUB
Page 121
PART 18:
AE-3 (AEROTECH COMMERCIAL) ZONE
18.1
AE-3 USES PERMITTED
No development permit shall be issued in any AE-3 (Aerotech Commercial) Zone except
for the following:
Accommodation Uses
Hotels
Executive suites and guest facilities
Dwelling units for management and security personnel
Short-term rentals (RC-Feb 21/23;E-Sep 1/23)
Short-term bedroom rentals (RC-Feb 21/23;E-Sep 1/23)
Business Uses
Multi-use centres
Retail Stores
Restaurants and general food services
Financial institutions
Entertainment uses
Service stations
Commercial schools and training centres
Offices
Manufacturing and service uses
Personal Service Uses (RC-Jun 17/03;E-Jun 20/03)
Cannabis production facilities (RC-Sep 18/18;E-Nov 3/18)
Institutional Uses
Hospitals and medical clinics
Emergency and protective services
Daycare facilities
Parks, plazas and open space uses
Government facilities
Utilities
Recreation uses
18.2
AE-3 ZONE REQUIREMENTS
In any AE-3 Zone, no development permit shall be issued except in conformity with the
following:
Minimum Lot Area
120,000 square feet (11,148 m2)
Minimum Frontage
200 feet (61 m)
Minimum Front or Flankage Yard
75 feet (22.9 m)
Minimum Rear Yard
35 feet (10.7 m)
Minimum Side Yard
-
where structure is 35 feet
Planning Districts 14 and 17 LUB
Page 122
or less in height
35 feet (10.7 m)
-
where structure is greater than
35 feet in height
50 feet (15.2 m)
Minimum Setback from Highway 102
Right-of-Way
75 feet (22.9 m)
Minimum Landscaped Area Exclusive
of Required Yards
15 per cent
18.3 Deleted - DMA
18.4
OTHER REQUIREMENTS: SERVICE STATIONS
Notwithstanding the provisions of Bart 18.2, where any service station is to be erected in
an AE-3 Zone, the following shall apply:
(a)
Minimum Lot Area:
60,000 square feet 5574 m2)
Minimum Lot Frontage:
200 feet (61 m)
(b)
No portion of any pump island shall be located closer than seventy-five (15) feet
(22.9 m) from any street line;
(c)
The minimum distance between ramps or driveways shall be thirty (30) feet (9.1
m);
(d)
The minimum distance from a ramp or driveway to a road intersection shall be fifty
(50) feet (15.2 m);
(e)
The minimum angle of intersection of a ramp to a road line shall be between
forty-five (45) and one hundred thirty-five (135) degrees;
(f)
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); and
(g)
No service bay door shall face any public street.
18.5
OTHER REQUIREMENTS: VEHICLE HOLDING AREAS
Where any permitted use within the AE-3 Zone involves a holding area for the storage of
vehicles, the following shall apply:
(a)
No vehicle holding area shall exceed three thousand (3,000) square feet (78.7 m)
and the perimeter of each such area shall be screened from public view; and
(b)
No vehicle holding area shall be permitted within any required yard.
18.6 OTHER REQUIREMENTS: PERSONAL SERVICE USES (RC-Jun 17/03;E-Jun
20/03)
Notwithstanding the provisions of Part 18.2, no development permit shall be issued for a
Personal Service Use (RC-Jun 17/03;E-Jun 20/03) except where such is an accessory
use to accommodation uses permitted, or is located within a multi-use centre, or is located
within a commercial or industrial building in conjunction with other uses.
Planning Districts 14 and 17 LUB
Page 123
18.7 OTHER REQUIREMENTS: CANNABIS PRODUCTION FACILITIES (RC-Sep
18/18;E-Nov 3/18)
(a)
Where a lot containing a cannabis production facility abuts a lot
(i)
zoned or used for residential purposes, or
(ii)
that is used for a daycare, community centre, school, religious
institution, public park or playground,
such facility, including any building or outdoor area used as a cannabis production
facility, shall be set back a minimum 230 feet (70 metres) from the abutting lot line.
Planning Districts 14 and 17 LUB
Page 124
PART 19:
AE-4 (AEROTECH BUSINESS) ZONE
19.1
AE-4 USES PERMITTED
No development permit shall be issued in any AE-4 (Aerotech Business) Zone except for
the following:
General Business Uses
Retail stores
Manufacturing
Service and Personal Service Uses (RC-Jun 17/03;E-Jun 20/03)
Offices
Banks and financial institutions
Restaurants
Outdoor display courts
Indoor commercial recreation uses
Service stations and automotive repair
Parking lots
Building supply outlets
Warehousing and wholesaling
Construction industries and contractors
Transportation terminals
Motels and hotels
All AE-1 and AE-3 permitted uses
Automobile race tracks
Harness racing tracks
Short-term rentals (RC-Feb 21/23;E-Sep 1/23)
Short-term bedroom rentals (RC-Feb 21/23;E-Sep 1/23)
19.2
AE-4 ZONE REQUIREMENTS
In any AE-4 Zone, 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
75 feet (22.9 m)
Minimum Rear or Side Yard
15 feet (4.6 m)
Minimum Rear or Side Yard abutting
Highway 102
50 feet (15.2 m)
Maximum Lot Coverage
35 per cent
Maximum Height of Main Building
excepting offices and hotels
35 feet (10.7 m)
Planning Districts 14 and 17 LUB
Page 125
19.3
OTHER REQUIREMENTS: ABUTTING YARDS
Where any AE-4 Zone abuts any Residential, Community Use or Resource Zone or the
right-of-way of Highway #102, a minimum side or rear yard of thirty (30) feet (9.1 m) shall
be required.
19.4
OTHER REQUIREMENTS: OPEN STORAGE AND OUTDOOR DISPLAY
Where any portion of any lot in an AE-4 Zone is to be used for open storage or outdoor
display, the following shall apply:
(a)
No open storage or outdoor display shall be permitted in any required yard.
(b)
No open storage shall be permitted in any front yard.
(c)
No open storage or outdoor display shall be permitted to the rear of any main
building where that building is located on a lot abutting Highway 102.
(d)
No open storage or outdoor display shall be permitted in any side yard of any lot
abutting Highway 102 except where a visual barrier is maintained.
19.5
OTHER REQUIREMENTS: SERVICE STATIONS
Notwithstanding the provisions of Part 19.2, where any service station is to be erected in
the AE-4 Zone, the following shall apply:
(a)
Minimum Lot Area
60,000 square feet (5574 m2)
Minimum Lot Frontage
150 feet (45.7 m)
(b)
No portion of any pump island shall be located closer than fifty (50) feet (15.2 m)
from any street line;
(c)
The minimum distance between ramps or driveways shall be thirty (30) feet (9.1
m);
(d)
The minimum distance from a ramp or driveway to a road intersection shall be fifty
(50) feet (15.2 m);
(e)
The minimum angle of intersection of a ramp to a road line shall be between
forty-five (45) and one hundred thirty-five (135) degrees;
(f)
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).
19.6
OTHER REQUIREMENTS: VEHICLE HOLDING AREAS
Where any permitted use within the AE-4 Zone involves a holding area for the storage of
vehicles, the following shall apply:
(a)
No vehicle holding area shall exceed three thousand (3,000) square feet (278.7 m)
and the perimeter of each such area shall be screened from public view; and
(b)
No vehicle holding area shall be permitted within any required yard.
19.7
OTHER REQUIREMENTS: LANDSCAPING
Planning Districts 14 and 17 LUB
Page 126
On any lot within any AE-4 Zone, landscaping shall be required as follows:
(a)
Where any AE-4 Zone abuts a public road except highway 102 or where it abuts
any Residential, Commercial, or Community Use Zone, a landscaping area of thirty
(30 feet (9.1 m) in depth shall be provided along the property line abutting the public
road, Residential, Commercial, or Community Use Zone; and
(b)
Where any AE-4 Zone abuts Highway #102, lands within the abutting minimum
rear or side yard shall be maintained in the existing tree cover and/or shall be
landscaped when the site is developed;
(c)
Where any AE-4 Zone abuts a Residential or Community Use Zone, no portion of
any driveway or access shall be located within any landscaping area; and
(d)
Lands within any required landscaping area shall be grassed, and treed and/or
shrubs shall be planted or existing trees and/or shrubs shall be maintained at the
minimum rate of one (1) plant per each ten (10) feet (3.1 m) of the length of the
required yard.
19.8
OTHER REQUIREMENTS: AE-l AND AE-3 USES
In any AE-4 Zone, where uses are permitted as either AE-1 or AE-3 uses, no development
permit shall be issued except in conformity with the provisions of Part 16 or Pert 18,
respectively.
19.9
OTHER USES PERMITTED: RACE TRACKS
Notwithstanding the provisions of Section 19.1, harness and automobile racing tracks may
be used for entertainment, retail and other temporary purposes and special events, including
markets, concerts and assembly.
19.10 AE-4 USES WITHIN THE BENNERY LAKE WATERSHED
(C-Apr 30/90;M-Jun 29/90)
The Development Officer shall forward a copy of all development per it applications
for any use located within the Bennery Lake Watershed Designation, to the Nova
Scotia Department of the Environment, Environment Canada, the Department of
Fisheries and Oceans, and any other department or agency deemed appropriate.
Planning Districts 14 and 17 LUB
Page 127
PART 20:
AE-H (HOLDING) ZONE
20.1
No development permit shall be issued in any AE-H (Holding) Zone except for the
following:
Government facilities;
Educational and training centres; and
Utilities
20.2
AE-H ZONE REQUIREMENTS
Minimum Lot Area
200,000 square feet (18,580 m2)
Minimum Frontage
250 feet (76.2 m)
Minimum Front or Flankage Yard
75 feet (22.9 m)
Minimum Rear Yard
35 feet (10.7 m)
Minimum Side Yard
50 feet (15.2 m)
Planning Districts 14 and 17 LUB
Page 128
PART 20A:
US-E (URBAN SETTLEMENT-EMPLOYMENT)
ZONE (RC-Dec 11/25;E-Feb 2/26)
20A.1 US-E USES PERMITTED
No development permit shall be issued in any US-E Zone except for the following:
Utilities
Conservation uses
Public parks and playgrounds
Planning Districts 14 and 17 LUB
Page 129
PART 21:
H-1 (HAZARD) ZONE
21.1
H-1 USES PERMITTED
No development permit shall be issued in any H-1 (Hazard) Zone except for the following:
Explosive storage facilities and related office, security and transportation facilities
21.2
H-1 ZONE REQUIREMENTS
In any H-1 Zone, no development permit shall be issued except in conformity with the
following:
Minimum Lot Area
80,000 square feet (7,432 m2)
Minimum Frontage
120 feet (36.6 m)
Minimum Front or Flankage Yard
50 feet (15.2 m)
Minimum Rear Yard
50 feet (15.2 m)
Minimum Side Yard
50 feet (15.2 m)
Maximum Height of Main Building
35 feet (16.7 m)
21.3
OTHER REQUIREMENTS: EXPLOSIVES STORAGE
Where any structure is to be used for the storage of explosives in any H-l Zone, the
following shall apply:
Weight of Blasting Explosives
Required Front, Rear and
And Related Explosive Accessories
Side Yards
Pound
(Kilograms)
Feet
(Metres)
110.23
(50)
75.46
(23)
220.46
(100)
75.46
(23)
440.92
(200)
85.30
(26)
551.15
(250)
98.43
(30)
661.38
(300)
111.55
(34)
881.83
(400)
134.51
(41)
1102.29
(500)
154.20
(47)
1322.75
(600)
173.88
(53)
1763.67
(800)
213.25
(65)
2204.59
(1000)
246.06
(75)
4409.17
(2000)
393.70
(120)
8818.34
(4000)
574.15
(175)
11022.93
(5000)
623.36
(190)
13227.51
(6000)
656.17
(200)
15432.10
(7000)
688.98
(210)
22045.86
(10000)
787.40
(240)
44091.71
(20000)
984.25
(300)
Planning Districts 14 and 17 LUB
Page 130
55114.64
(25000)
1049.87
(320)
66137.57
(30000)
1115.49
(340)
88183.42
(40000)
1246.72
(380)
110229.27
(50000)
1345.14
(410)
220458.55
(100000)
1722.44
(525)
330687.83
(150000)
1929.13
(588)
Planning Districts 14 and 17 LUB
Page 131
PART 22:
P-2 (COMMUNITY FACILITY) ZONE
22.1
P-2 USES PERMITTED
No development permit shall be issued in any P-2 (Community Facility) Zone except for
the following:
Institutional Uses
Educational institutions and uses
Denominational institutions and uses
Day care facilities
A single dwelling unit in conjunction with a day care facility
Fire and police stations
Government offices and public works
Hospitals and medical clinics public libraries, museums and galleries
Community centres and halls
Recreation uses
Shared housing use with 10 or fewer bedrooms (RC-Aug 9/22;E-Sep 15/22)
Shared housing with special care (RC-Aug 9/22;E-Sep 15/22)
Open Space Uses
Public and private parks and playgrounds
Cemeteries
Historic sites and monuments
22.2
P-2 ZONE REQUIREMENTS: INSTITUTIONAL USES
In any P-2 Zone, where uses are permitted as Institutional Uses, no development permit
shall be issued except in conformity with the following:
Minimum Lot Area:
Central Sewerage & Water Services
10,000 square feet (929 m2)
Other
40,000 square feet (3,716 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
50 per cent
22.3
P-2 ZONE REQUIREMENTS: OPEN SPACE USES
In any P-2 Zone, where uses are permitted as Open Space Uses, no development permit
shall be issued except in conformity with the provisions of Part 23.
Planning Districts 14 and 17 LUB
Page 132
PART 23:
P-3 (PARK) ZONE
23.1
P-3 USES PERMITTED
No development permit shall be issued ln any P-3 (Park) Zone except for the following:
Park Uses
Conservation uses
Recreation uses Public and private parks and playgrounds
Campgrounds
Commercial Uses
Restaurants
Guest homes
Inns
Retail outlets
Lodges
Craft shops (MC-Jul 26/93;SCC-Aug 10/93;E-Sep 4/93)
Resource Uses
Agricultural uses
Forestry uses
23.2
P-3 ZONE REQUIREMENTS
In any P-3 Zone, no development permit shall be issued except in conformity with the
following;
Minimum Lot Area
40,000 square feet (3716 m2)
Minimum Front or Flankage Yard
30 feet (9.14 m)
Minimum Rear and Side Yard
20 feet (6.1 m)
Maximum Lot Coverage
35 percent
Maximum Height of Main Building
35 feet (10.7 m)
Maximum Building Size
3,000 square feet (278.7 m2)
23.3
OTHER REQUIREMENTS: COMMERCIAL USES
In any P-3 Zone where commercial uses are permitted, no open storage or outdoor display
of goods shall be permitted.
Planning Districts 14 and 17 LUB
Page 133
PART 23A:
RPK (REGIONAL PARK) ZONE (RC-Jun 25/14;E-Oct 18/14)
23A.1 RPK USES PERMITTED
No development permit shall be issued in any RPK (Regional Park) Zone except for
the following:
Park Uses
Recreation uses
Campgrounds
Conservation uses
Commercial Uses
Restaurants
Guest homes
Inns
Retail outlets
Lodges
Craft shops
Resource Uses
Agricultural uses
Forestry uses
23A.2 RPK ZONE REQUIREMENTS
In any RPK Zone, no development permit shall be issued except in conformity with
the following:
Minimum Lot Area
3716m2
Minimum Front or Flankage Yard:
9.14m
Minimum Side or Rear Yard:
6.1m
Maximum Lot Coverage:
35%
Maximum Height of Main Building
10.7 m
Maximum Building Size
278.7m2
23A.3 OTHER REQUIREMENTS: COMMERCIAL USES
In any RPK Zone where commercial uses are permitted, no open storage or outdoor
display of goods shall be permitted.
Planning Districts 14 and 17 LUB
Page 134
PART 24:
PWS (PROTECTED WATER SUPPLY) ZONE (RC-Jun 25/14;E-Oct 18/14)
24.1
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
Public Parks
Uses accessory to the foregoing 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)
24.2
PWS ZONE REQUIREMENTS
In any PWS Zone, no development permit shall be issued except in conformity with
the following:
Minimum Lot Area
7432 m2
Minimum Frontage:
61 m
Minimum Front or Flankage Yard:
6.1 m
Minimum Side or Rear Yard:
2.4 m
Maximum Lot Coverage:
35%
Maximum Height of Main Building
10.7 m
24.3 OTHER REQUIREMENTS: SETBACKS FROM WATER SUPPLY SOURCES
(a)
No development permit shall be issued for any dwelling or accessory structure
within 30.5 metres of any lake or other watercourse within the PWS (Protected
Water Supply) Zone.
(b)
Nothwithstanding Section 4.17, water distribution or purification uses may be
built to the lot line where the line corresponds to the shore line.
Planning Districts 14 and 17 LUB
Page 135
PART 25:
MR (MIXED RESOURCE) ZONE
25.1
MR USES PERMITTED
No development permit shall be issued ln any MR (Mixed Resource) Zone except for the
following:
Resource Uses
Agricultural uses
Forestry uses
Accessory residential uses
Accessory retail uses
Composting operations (see section 4.31) (MC-Feb 26/96;M-Mar 28/96)
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)
25.2
MR ZONE REQUIREMENTS: RESOURCE USES
In any MR Zone, where uses are permitted as Resource Uses, no development permit shall
be issued except ln conformity with the following:
Minimum Lot Area
200,000 square feet (18,580 m2)
Minimum Lot Frontage
100 feet (30.5 m)
Minimum Yards
50 feet (15.2 m)
Maximum Lot Coverage
35 per cent
25.3
MR ZONE REQUIREMENTS: RESIDENTIAL USES
In any MR Zone, where uses are permitted as Residential Uses, no development permit
shall be issued except In conformity with the following:
Minimum Lot Area
40,000 square feet (3716 m2) per
dwelling unit
Minimum Lot Frontage
100 feet (30.5 m)
Minimum Front Yard
30 feet (9.1 m)
Minimum Rear Yard
10 feet (3.1 m)
Minimum Side Yard
10 feet (3.1 m)
Maximum Lot Coverage
35 per cent
Maximum Building Height
35 feet (10.7 m)
25.4
OTHER REQUIREMENTS: RESOURCE USES
Where uses are permitted as resource uses in any MR Zone, the following shall apply:
Planning Districts 14 and 17 LUB
Page 136
(a)
No sawmill or intensive livestock operation shall be located within two hundred
(200) feet (61 m) of any dwelling other than a permitted accessory dwelling.
(b)
No sawmill or Intensive livestock operation shall be located within one hundred
(100) feet (3.5 m) of any lake or watercourse.
25.5
OTHER REQUIREMENTS: ACCESSORY USES
Where residential or retail uses are permitted as uses accessory to resource uses within any
MR Zone, the following shall apply:
(a)
No more than two (Z) residential structures shall be permitted on any lot.
(b)
No retail use shall exceed two thousand (2,000) square feet (185.8 m2) of gross floor
area.
Planning Districts 14 and 17 LUB
Page 137
PART 25A: CD-1 (C&D MATERIALS TRANSFER STATIONS) ZONE (RC-Sep 10/02;E-
Nov 9/02)
25A.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
25A.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)
25A.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 25A.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 25A.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 14 and 17 LUB
Page 138
25A.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 25A.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-1A, R-1B, R-1C, R-1D, R-1E, R-6 and R-7) or
community use (P-2, P-3 and P-4); and
(g)
no portion of the operation shall be located within a 1:100 year floodplain.
25A.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;
Planning Districts 14 and 17 LUB
Page 139
c)
all off-street loading and unloading areas, stockpiles, processing areas, and
parking facilities shall be located on the site such that no aspect impacts upon
adjacent uses or streets and screening can be in the form of fencing, berms,
vegetation, or a combination of elements;
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 view 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 14 and 17 LUB
Page 140
PART 25B: CD-2 (C&D MATERIALS PROCESSING FACILITIES) ZONE (RC-Sep
10/02;E-Nov 9/02)
25B.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
25B.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)
25B.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.
25B.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 14 and 17 LUB
Page 141
(b)
notwithstanding Section 25B.4(a), where a building or structure is not to be
located within 250 metres of a residential or institutional use or building, the
building setback from any property line may be reduced to 10 metres (32.8
feet).
(c)
notwithstanding Section 25B.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).
25B.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 25A.4.
(b)
notwithstanding Sections 25B.2 to 25B.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.
25B.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 25A.5.
Planning Districts 14 and 17 LUB
Page 142
PART 25C: CD-3 (C&D MATERIALS DISPOSAL SITES) ZONE (RC-Sep 10/02; E-Nov
9/02)
25C.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
25C.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)
25C.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.
25C.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)
Planning Districts 14 and 17 LUB
Page 143
(ii)
from the nearest residential dwelling or
institutional use
90 metres (295.3 feet)
(iii)
from a watercourse
60 metres (196.8 feet)
25C.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
25A.4.
(b)
Notwithstanding Sections 25C.2 to 25C.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.
25C.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 25A.5.
Planning Districts 14 and 17 LUB
Page 144
PART 25D: ICH (INFRASTRUCTURE CHARGE HOLDING) ZONE (RC-Jul 2/02;E Aug
17/02)
25D.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
25D.2 ICH ZONE REQUIREMENTS
In any ICH Zone, no development permit shall be issued except in conformity with
the requirements of the R-1A Zone.
Planning Districts 14 and 17 LUB
Page 145
PART 25E: PA (PROTECTED AREA) ZONE (RC-Jun 25/14;E-Oct 18/14)
25E.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
25E.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
25E.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 14 and 17 LUB
Page 146
PART 25F:
UR (URBAN RESERVE) ZONE (RC-Jun 25/14;E-Oct 18/14)
25F.1 UR USES PERMITTED
No development permit shall be issued in any UR (Urban Reserve) Zone except for
the following:
Single unit dwellings, on existing lots provided that a private on-site sewage disposal
system and well are provided on the lot
Shared housing use with 10 or fewer bedrooms in conjunction with a permitted
dwelling unit (RC-Aug 9/22;E-Sep 15/22)
Passive recreation uses
Uses accessory to the foregoing uses
25F.2 UR ZONE REQUIREMENTS
In any UR Zone, no development permit shall be issued except in conformity with the
following:
Minimum Front or Flankage Yard:
9.1m
Minimum Side Yard:
2.5m
Minimum Rear Yard:
2.5m
Maximum Lot Coverage:
35%
Maximum Height of Main Building:
11m
Planning Districts 14 and 17 LUB
Page 147
PART 26:
ADMINISTRATION
26.1
ENFORCEMENT
This By-law shall be administered by the Development Officer.
26.2
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.
26.3
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 get 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.
26.4
PENALTY
Any person who violates a provision of this By-law shall be subject to prosecution as
provided for under Part XL of the Planning Act.
26.5
DATE OF BY-LAW
This By-law shall take effect when approved by the Minister of Municipal Affairs.
26.6
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 14 and 17 LUB
Page 148
Amendment to Land Use By-law
$100.00
Development Agreement
$100.00
Rezoning
$100.00
(C-May 28/90;E-Jun 23/90)
26.7
PUBLIC HEARING NOTIFICATION (Repealed: RC-Jun 20/23;E-Oct 13/23)
Planning Districts 14 and 17 LUB
Page 149
APPENDIX A:
NON-CONFORMING USES
NON-CONFORMING USE
90
(1)
Subject to this Act, a non-conforming structure or a non-conforming use of
land or a structure, existing at the date of the first publication of the notice of
intention to adopt a land use by-law or amend or revise a land use by-law, may
continue to exist.
EXISTING USE
(2)
For the purposes of subsection (1), a non-conforming structure or a
non-conforming use of land or a structure shall be deemed to be existing if
(a)
the non-conforming structure, or structure containing the
non-conforming use, was lawfully under construction; or
(b)
the permit for its construction or use was in force and effect, except
that this clause shall not apply unless the construction or use is commenced
within twelve months after the date of the issuance of the permit and is
completed in conformity with the permit within a reasonable time. 1983, c.
9, s. 83.
CANCELLATION OF PERMIT
91
(1)
A council may cancel any permit issued by the municipality in the
circumstances of clause (b) of subsection (2) of Section 90, where the
construction or use has not been commenced, and shall pay to the person on
whose behalf the permit was obtained such reasonable expenses for the
preparation of plans and promotion of the development as may be agreed upon
by the parties.
ARBITRATION
(2)
In the event the parties are unable to agree upon the amount to be paid, the
person on whose behalf the permit was obtained may, by written notice, require
that the municipality submit the claim to arbitration.
ARBITRATOR
(3)
The arbitration shall be by one arbitrator appointed by the parties, or
appointed by the Minister if they are unable to agree. 1983, c. 9, s. 84.
RESTRICTION ON NON-CONFORMING USE
92
(1)
No increase in volume of or any addition to a structure shall, except as
required by an enactment, be made while a non-conforming use therein is
continued, but such use may be extended throughout the structure.
NO EXTENSION OF NON-CONFORMING USE
(2)
For greater certainty, no extension of a non-conforming use not contained
within a structure shall be made beyond the limits that the use occupies.
Planning Districts 14 and 17 LUB
Page 150
APPENDIX "A"
- ii -
CHANGE IN USE
(3)
A non-conforming use shall not be changed to any other use unless the use
is permitted for that property by the land use by-law.
CHANGE OF OCCUPANT
(4)
A change of tenant, occupant or owner of any land or structure shall not of
itself be deemed to affect the use or structure for the purposes of this Section.
REPAIR OR MAINTENANCE
(5)
Subject to Section 93, this Act does not preclude the repair or maintenance
of a structure. 1983, c. 9, s. 85; 1987, c. 51, s. 81.
DESTRUCTION OR DAMAGE
93
(1)
If a non-conforming structure or a structure containing a non-conforming
use is destroyed or damaged by fire or otherwise
(a)
to an extent of less then seventy-five per cent of the market value of the
structure, it may be rebuilt, repaired or reoccupied if the structure is substantially
the same as it was before the destruction or damage and it is used for the same
non-conforming use; or
(b)
to an extent of seventy-five per cent or more of the market value of the
structure, it shall not be rebuilt, repaired or reoccupied except in conformity with
the requirements of the land use by-law applicable to the property.
DISCONTINUANCE
(2)
A non-conforming use of land or a structure shall not be recommenced if it
has been discontinued for a continuous period of six months, and in such event
the land or structure shall not thereafter be used except in conformity with the
requirements of the land use by-law applicable to the property. 1983, c. 9, s. 86.
VARIATION IN SECTION 92 OR 93 RESTRICTIONS
94
(1)
A municipal planning strategy may provide for the variation of the
provisions of Section 92 or 93, but no variation shall increase the restrictions in
Sections 92 and 93.
POLICIES
(2)
The policies adopted pursuant to subsection (1) may provide for:
(a)
the extension, enlargement or alteration of non-conforming structures or
structures containing non-conforming uses;
(b)
the extension of a non-conforming use of land;
(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.
Planning Districts 14 and 17 LUB
Page 151
APPENDIX "A"
- iii -
(e)
the change in use on a non-conforming structure to another use in the
non-conforming structure, or of a non-conforming use of land or a structure to
another non-conforming use.
IMPLEMENTATION
(3)
The policies adopted pursuant to this Section may be carried out through
the land use by-law, or by development agreement, and where the council has
provided for the latter, Sections 73 to 80 apply mutatis mutandis to any agreement
entered into pursuant to this Section. 1983, s. 9, s. 87; 1987, c. 51, s. 19.
Planning Districts 14 and 17 LUB
Page 152
APPENDIX B:
Deleted (Minister Of Housing-;E-Oct 6/26)
Planning Districts 14 and 17 LUB
Page 153
SCHEDULE C:
AREAS OF ELEVATED ARCHAEOLOGICAL POTENTIAL (RC-
Jun 25/14;E-Oct 18/14)
Planning Districts 14 and 17 LUB
Page 154
SCHEDULE D:
WETLANDS (RC-Jun 25/14;E-Oct 18/14)
Planning Districts 14 and 17 LUB
Page 155
SCHEDULE E:
WIND ENERGY ZONING (RC- Feb 15/22; E- Apr 9/22)
Planning Districts 14 and 17 LUB
Page 156
SCHEDULE F:
PROMINENT
SITE
FOR
INCREASED
COMMERCIAL
-
FLOORSPACE IN THE CANAL COURT ZONE (1480 FALL RIVER ROAD) (RC-Oct
23/12;E-Jan 12/13)
Planning Districts 14 and 17 LUB
Page 157
SCHEDULE G:
PROMINENT
SITE
FOR
INCREASED
COMMERCIAL
-
FLOORSPACE IN THE CANAL COURT ZONE (1470 FALL RIVER ROAD) (RC-Oct
23/12;E-Jan 12/13)
Planning Districts 14 and 17 LUB
Page 158
SCHEDULE H:
CANAL COURT DEVELOPMENT (Oct 23/12;E-Jan 12/13)
Planning Districts 14 and 17 LUB
Page 159
SCHEDULE I:
PROMINENT
SITE
FOR
INCREASED
COMMERCIAL
-
FLOORSPACE IN THE VILLAGE MAINSTREET ZONE (3182 HIGHWAY 2) (RC-Oct 23/12;E-
Jan 12/13)
Planning Districts 14 and 17 LUB
Page 160
SCHEDULE J:
PROMINENT
SITE
FOR
INCREASED
COMMERCIAL
-
FLOORSPACE IN THE VILLAGE GATEWAY ZONE (3009 HIGHWAY 2) (RC-Oct 23/12;E-
Jan 12/13)
Planning Districts 14 and 17 LUB
Page 161
SCHEDULE K:
PROMINENT
SITE
FOR
INCREASED
COMMERCIAL
-
FLOORSPACE IN THE VILLAGE GATEWAY ZONE (2998 HIGHWAY 2) (RC-Oct 23/12;E-
Jan 12/13)
Planning Districts 14 and 17 LUB
Page 162
SCHEDULE L:
SITE
FOR
MULTIPLE
UNIT
DWELLING
EXPANSION
PURSUANT TO SECTION 14A.5 (21 MACPHERSON ROAD) (RC-Oct 23/12;E-Jan 12/13)
Planning Districts 14 and 17 LUB
Page 163
SCHEDULE M:
PROMINENT
SITE
FOR
INCREASED
COMMERCIAL
-
FLOORSPACE IN THE CANAL COURT ZONE (11 FALLS RUN) (RC-Oct 23/12;E-Jan 12/13)
Planning Districts 14 and 17 LUB
Page 164
SCHEDULE N:
AIRPORT NOISE CONTOUR Overlay (RC-Jan 26/16;E-Apr 2/16)
Planning Districts 14 and 17 LUB
Page 165
SCHEDULE O:
SITE B (Minister Of Housing-;E-Oct 6/26)
Planning Districts 14 and 17 LUB
Page 166
LAND USE BY-LAW
AMENDMENTS - SHUBENACADIE LAKES (14/17)
Amendment
Number
Policies/Maps
Subject
Council
Adoption
Effective Date
1.
Part 4.2 (c) deleted
C - December 18,
1989
E - January 13,
1990
2.
Inserting AVariance of
Requirements by Development
Agreement@.
ZAP-F&S-05-
90
C - April 30, 1990
E - May 18, 1990
3.
Municipality - to allow a
rezoning of lands within the
Bennery Lake Watershed from
the Watershed Zone P-4 to the
Business Zone AE-4.
C - April 30, 1990
E - June 29, 1990
4.
Definition for Livestock; Part
4.11(a)(vii) was added.
C - August 27,
1990
E - September 22,
1990
5.
Definition for Restaurant - Take-
out; Part 4.25 amended
C - February 10,
1992
E - March 7, 1992
6.
Hall's Road - add Part 9A: R-1E
(Residential Estate) Zone.
ZAP-F&S-10-
90
C - June 29, 1992
E - August 6, 1992
7.
Ledwidge Lumber Company -
apply rural residential zoning
(Policy P-86) to the present
properties owned by Ledwidge
Lumber Company (zone will
contain specific provisions to
permit the use and expansion of
existing forestry uses, subject to
zone standards established in
conjunction with the Mixed
Resource Zone (Policy P-84).
ZAP-F&S-10-
92
C - August 17,
1992
E - October 2, 1992
8.
Definition for Agricultural Use
C - April 8, 1991
E - May 3, 1993
9.
Definition for Craft Shop
MC-July 26, 1993
SCC-August 10,
1993
E - September 4,
1993
10.
Definition of Private Road (a)
MC-March 14,
1994
SCC-April 12,
1994
E - May 7, 1994
11.
Part 4.6(i) was added
MC-December
19, 1994
SCC-Jan 10, 1995
E - February 4,
1995
12.
Definitions for Accessory
Building or Structure and
Accessory use; Part 4.10 was
added
C - June 26, 1995
E - July 22, 1995
13.
Composting Operations added to
Table of Contents, Definition for
Composting Operation; Part
4.31added
C - February 26,
1996
E - March 28, 1996
Planning Districts 14 and 17 LUB
Page 167
14.
Bed and breakfast uses; Part 3.6
(t) amended; Part 6.1 amended;
Part 6.5 added.
C - May 27, 1997
E - July 2, 1997
15.
Amended by adding Capital Cost
Contribution: Section 3.1 - add
AInfrastructure Charge Zone@;
add Part 25D.1.
Project No.
00423
C - July 2, 2002
E - August 17, 2002
16.
Amended by adding Section
2.11B, 2.11C, 2.11D, 2.11E,
2.65A; replace section 2.53 and
2.57; add AConstruction &
Demolition (C&D) Zones to
Section 3.1; replace Section
4.17; add Part 25A, Part 25B,
and Part 25C.
Project No.
00082
C - September 10,
2002
E - November 9,
2002
17.
Personal Services: Amended by
adding Section 2.27A of Part 2;
replacing Section 2.49 of Part 2;
replacing the words APersonal
Service Shop@ with the words
APersonal Service Uses@.
Case No.
00578
C - June 17, 2003
E - June 20, 2003
18.
Interim Growth Management -
Insert Part 4.1A after Part 4.1.
Project No.
00664
C - April 13, 2004
E - April 22, 2004
19.
Amend the zoning map to rezone
a portion of Lots 2 through 7
inclusive (portion of PID=s
41111675, 41111683, 41111691,
4111709, 41111717, and 41117125)
from P-3 (Park) Zone to R-1B
(Suburban Residential) Zone.
Case No. 00666
C - May 25, 2005
E - May 28, 2005
20.
Amend zoning map D-1 to
rezone Lot 4 (PID#41031691),
Old Guysborough Road, from R-
1BZone to C-2 Zone.
Case No. 00768
C - August 10,
2005
E - August 13, 2005
21
Add definition 2.13A:
Conservation Use, 2.9A:
Boathouse and replaced 2.61:
Recreation Use, 2.79:
Watercourse; Add RPK Zone,
PA Zone and CDD Zone to
Section 3.1; Replace P-4 Zone
with PWS Zone; Add to Part 3
Section 6(c); Delete 4.1A;
Replace Part 4 Section 17; Add
Part 4 Sections 32 and 33; Add
Part 23A, 25E, 25F, and 25G;
Replace Part 24; Add Part 4
Section 1B; Amend Zoning
Maps; and Add Schedules G and
H.
Regional Plan
C - June 27, 2006
E - August 26, 2006
22
Replace 2.74 - definition of a
Sign; Add 5.1A - Temporary
Signage
Case No. 00327
C - September 26,
2006
E- November 18,
2006
Planning Districts 14 and 17 LUB
Page 168
23
Add definition 2.36A - Human
Habitation.
Case No. 00844
HE/MDVCC -
November 2,
2006
E - November 18,
2006
24
Replace Section 2.51
(Obnoxious Use); Section
5.7(Facial Wall Signs); and
Section 5.9(a)(i).
Case No. 01045
MDVCCC - July
25, 2007
E - August 11, 2007
25
Replace Section 4.11(a)(iii)(1)
re: height.
Case No. 01022
MDVCCC -
December 6, 2007
E - December 22,
2007
26
Replace Section 4.25: 3 instead
of 5 parking spaces per
consulting room for medical
clinics and offices
Case No. 01093
MDVCCC &
HECC - January
10, 2008
E - January 26,
2008
27
Amend Section 4.12 re:
Temporary Construction Uses
Permitted
Case No. 01058
RC - January 20,
2009
E - February 7,
2009
28
Amend Section 2.20 re: Day
Care Facilities
Case No. 01074
RC - March 3,
2009
E - March 21, 2009
29
Amend Section 2.38 (Kennels);
Add Section 2.58(A); Add Pet
Care Facility to R-6 and R-7
Zone Permitted Residential
Uses; Add Section 10.8 and
Section 11.8
Case No. 01155
HE/MDVCCC -
August 6, 2009
E - August 22, 2009
30
Amend Sections 6.1 and 6.4, 7.1
and 7.4, 9.1 and 9.5, 10.1 and
10.4
Case No. 01266
HE/MDVCCC -
August 6, 2009
E - August 22, 2009
31
Amend Schedule A-1and A-2 to
remove land in Burnside
Business Park Plan Area.
Case No. 01287
RC - January 19,
2010
E - May 8, 2010
32
Amend Zoning Map to rezone
4316 Highway 2, Wellington,
from R-1A to C-2 Zone.
Case No. 16875
MDVCCC -
August 4, 2011
E - August 20,
2011
33
Deleted the word "windmills" in
Section 4.16; Added Section
4.34 Wind Energy Facilities in
Part 4: General Provisions for
All Zones; Add Schedule I -
Wind Energy Map.
Project No.
00953
RC - August 16,
2011
E - October 29,
2011
34
Amend Part 4, Section 34 IV by
adding b) and c) after a): Wind
Energy Facilities.
Project No.
00953
RC - October 18,
2011
E - October 29,
2011
35
Add Definition: 2.36B - Indoor
Riding Barn, Private; Amend
Section 10.1; Amend Section
10.5(c), (d), (e), (f) and add
10.5(g) and (h); Add Section
10.9: Other Requirements:
Indoor Riding Arena, Private;
Amend Section 11.1; Amend
Section 11.5(c), (d), (e), (f) and
add 11.5(g) and (h); Add Section
11.9: Other Requirements:
Indoor Riding Arena, Private;
Case No. 17056
MDVCCC -
January 25, 2012
E - February 11,
2012
36
Amend Zoning map by rezoning
Case No. 17510
MDVCCC - July
E - July 21, 2012
Planning Districts 14 and 17 LUB
Page 169
3440 Highway 2 from R-1b to
C-1 Zone; Amend Section
12.3(a) by replacing two
thousand square feet (186m2)
with three thousand five hundred
(3,500) square feet (325m2)
4, 2012
37
Implementation of the River-
lakes Land Use By-law.
River-lakes
Secondary
Planning
Strategy and
Land Use By-
law
RC-October 23,
2012
E - January 12,
2013
38
Amend Zoning Map by rezoning
a portion of 6757 Highway No.
2, Enfield, from the R1-B to C-2
Zone.
Case 18517
NWCC - January
20, 2014
E - February 8,
2014
39
Add Part 3, Section 3.6(c)(iii)
Case 18620
NWCC - May 26,
2014
E - June 14, 2014
40
Repeal/Readopt Section 2.9A,
2.13A, 2.79; parts of 3.1, 3.6,
4.1B, 4.17, 4.32, 4.33, 4.34; Part
23A; 24; 25E; 25F; Schedule A,
B, C, D, E; Delete Part 25G;
Add Section 2.10B, 2.78A; 4.35;
Amend Section 3.6; 4.17, 4.34;
Part 24; Schedule A, B, C, D, E.
RP+5
RC-June 25, 2014
E-October 18, 2014
41
Amend Section 3.6(ca); Part 6,
Section 6.2; Part 7, Section 7.1,
7.2; Part 9, Section 9.1, 9.2; Part
9A, Section 9.1A, 9.2A, 9.2B;
Part 10, Section 10.1, 10.2,
10.2A; Part 11, Clause 11.1,
11.2; Amend Zoning Map -
Noise Exposure Forecast 30 and
various zones rezoned to P-3
Zone; Add Schedule N.
Case 01192
RC-January 26,
2016
E-April 2, 2016
42
Add Section 4.6A(b) - Reduced
Frontage or Area
25 Acre Lots
RC - January 10,
2017
E - February 25,
2017
43
Amend section 17.1; add use of
Outdoor display courts; Add
section 17.6 - Outdoor Display
Courts
Case 18475
NWCC -
February 12, 2018
E - March 3, 2018
44
Amend several sections to add
Cannabis related uses
Case 21331
RC - September
18, 2018
E- November 3,
2018
45
Added Part 14G: RLRC (River-
lakes Residential Campus) Zone;
Appendix B: Form and
Requirements for Site Plan
Approval Application; and
Schedule O: Site B / Amend
Part 3, Section 3.1, 3.6; Part 4,
Section 4.4, 4.11, 4.26; Part 5,
Section 5.1AA, 5.7, 5.8, 5.8A,
5.9, 5.10, ; Schedule B (Zoning
Map) by rezoning 1109, 1075
and 1085 Fall River Rd from R-
1B to RLRC Zone.
Case 20594
RC - March 5,
2019
E - April 6, 2019
Planning Districts 14 and 17 LUB
Page 170
46
Add Part 2, Section 2.77A -
Backyard & Secondary Suite;
Part 4, Section 4.11A -
Secondary Suites and Backyard
Suites
Case 21162 -
Secondary /
Backyard Suites
RC - September
1, 2020
E - November 7,
2020
47
Add Part 14G.1(2) - Nursing
Homes
Case 23086
NWCC - March
8, 2021
E - March 27, 2021
48
Amended Part 2 and Part 4 to
include definitions and
stipulations for Accessory Hen
Use.
Case 22227 -
Accessory Hen
Use
RC - October 5,
2021
E - January 8, 2022
49
Amended Schedule B to rezone
and designate lands; Schedule E
to include zoning requirements
for wind energy; Sections 3.1,
4.4(a), 5.8 and 5.8(2)(a)(i) to
include the CI and GI Zone.
Added Part 2A to include CI and
GI Zone definitions; Parts 15A
(CI Zone) and 15B (GI Zone)
Case 22670 -
Conrad Quarry
RC - February 15,
2022
E - April 9, 2022
50
Amended Part 3, Zones and
Zoning Map - Section 3.6(d);
Part 4, General Provisions -
Section 4.25, 4.34I(a); Part 6, R-
1A Zone - Section 6.1; Part 7,
R-1B Zone - Section 7.1; Part 8,
R-1C Zone - Section 8.1; Part 9,
R-1D Zone - Section 9.1; Part
9A, R-1E Zone - Section 9A.1;
Part 10, R-6 Zone - Section
10.1; Part 11, R-7 Zone -
Section 11.1; part 12, C-1 Zone
- Section 12.1; Part 13, C-2
Zone - Section 13.1; Part 14A,
CC Zone - Section 14A.1; Part
14B, VC-CDD Zone - Section
14B.1; Part 14C, VMS Zone -
Section 14C.1; Part 14D, VG
Zone - Section 14D.1; Part 14E,
FRB Zone - Section 14E.1; Part
14F, RCDD Zone - Section
14F.2; Part 14G, RLRC Zone -
Section 14G.1(2); Part 22, P-2
Zone - Section 22.1; Part 24,
PWS Zone - Section 24.1; Part
25, MR Zone - Section 25.1;
Part 25D, ICH Zone - Section
25D.1; Part 25F, UR Zone -
Section 25F.1
Deleted Part 2, Definitions -
Section 2.9, 2.63, 2.70
Added Part 2, Definitions -
Section 2.73A, 2.73B, Part 3,
Zones and Zoning Map - Section
3.6(cc)
Case RP16-16
(Shared
Housing)
RC - August 9,
2022
E - September 15,
2022
51
Amended Clause 2.24(c);
Case 22257
RC- October 11,
E - November 16,
Planning Districts 14 and 17 LUB
Page 171
Subsection 3.6(ca); Section 4.35;
Repealed Subclause (vi) Section
11 of Part 2A; Subsection
3.6(i)(cb)(i)(ii)
Added Section 3.6(cc); Section
3.6A
(Regional Plan-
Phase 3)
2022
2022
52
Amend Section 10.7, Schedule
A - Zoning Map by rezoning
PID: 40450934 & 00
93608 from R-1B to R-6
Case 24242
RC - July 11,
2023
E - August 11,
2023
53
Amended Part 3, Section 3.6(t);
Part 4, Section 4.25; Part 6,
Section 6.1; Part 7, Section 7.1;
Part 14, Section 14.1; Part 14A,
Section 14A.1; Part 14C, Section
14C.1; Part 14D, Section 14D.1;
Part 14E, Section 14E.1; Part 18,
Section 18.1; Part 19, Section
19.1
Added Part 2, Section 2.73C,
2.73D; Part 4, Section 4.1D,
4.1E, 4.37
Deleted Part 2, Section 2.8A;
Part 6, Section 6.5; Part 7,
Section 7.5; Part 14, Sections
14A.6 and 14C.6
Case 24526
(Short Term
Rentals)
RC - February 21,
2023
E - September 1,
2023
54
Repealed Part 26, Section 26.7
Case 2023-002
(Public
Participation)
RC - June 20,
2023
E - October 13,
2023
55
Amended Part 2, section 2.76;
Part 4, section 4.11(iv),
4.11A(a)(i)(v), 4.11A(b),
4.11A(b)(i)(iv)(vi)(viii)
Added Part 4, section 4.11(c),
4.11A(b)(ix)
MINORREV
2023-01065
(Housing
Accelerator
Fund (HAF)
RC - May 23,
2024
E - June 13, 2024
56
Add: definition 2.78.1
Amending: Section 14E.1 to add
Vehicle Services
PLANAPP
2024-02788
NWCC - June 9,
2025
E - June 25, 2025
57
Amended Part 2-Section 2.10;
Part 3-Subsection 3.6(cc); Part 4-
Section 4.11, 4.11A, 4.13,
4.34(b); Part 14-Section 14G.4;
Schedule B-Zoning Map
Added Part 2-Section 2.49A,
2.73BA, 2.74A, 2.77B; Part 3-
Section 3.1; Part 4-Section
4.11AA, 4.12(ab), 4.25(ca),
4.37(c), 4.38; Part 20A
MINORREV
2025-02922
RC - December
11, 2025
E - February 2,
2026
58
Amended: Part 14G.1, 14G.3,
14G.4, 14G.5, 14G.7, 14G.8,
Schedule O
Deleted: Part: 14G.2, 14G.6,
14G.9, 14G.10, Appendix B
PLANAPP
2024-02796
Minister of
Housing -
October 6, 2026
E-October 6, 2026