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LAND USE BY-LAW
PLANNING DISTRICTS
8 & 9
(LAKE ECHO/PORTERS LAKE)
THIS COPY IS A
REPRINT OF THE
LAND USE BY-LAW FOR
PLANNING DISTRICTS 8 & 9
WITH AMENDMENTS TO
FEBRUARY 2, 2026
LAND USE BY-LAW
FOR
PLANNING DISTRICTS 8 & 9
THIS IS TO CERTIFY that this is a true copy of the Land Use By-
law for Planning Districts 8 & 9 which was passed by a majority vote of
the former Halifax County Municipality at a duly called meeting held on
the 20th day of December, 1988, and approved by the Minister of
Municipal Affairs on the 10th day of March, 1989, which includes all
amendments thereto which have been adopted by the Halifax Regional
Municipality and are in effect as of the 2nd day of February, 2026.
GIVEN UNDER THE HAND of the Municipal Clerk and under the
seal
of
Halifax
Regional
Municipality
this
_____
day
of
________________________, 20___.
__________________________
Municipal Clerk
Table of Contents
PART 1: TITLE ........................................................................................................................... 1
PART 2: DEFINITIONS ............................................................................................................. 1
PART 3: ZONES AND ZONING MAPS ................................................................................. 13
PART 4: GENERAL PROVISIONS FOR ALL ZONES.......................................................... 17
4.1
DEVELOPMENT PERMITS ........................................................................ 17
4.2
LICENCES PERMITS AND COMPLIANCE WITH OTHER BY-LAWS . 17
4.3
SEWAGE DISPOSAL SYSTEMS ................................................................ 17
4.4
REDUCED FRONTAGE OR AREA ............................................................ 18
4.5
ROAD ENTRANCE RESERVES ................................................................. 18
4.6
ONE DWELLING ON A LOT. ..................................................................... 18
4.7
SEPARATION BETWEEN MAIN BUILDINGS ........................................ 18
4.8
EXISTING UNDERSIZED LOTS ................................................................ 19
4.8A LAND TITLES CLARIFICATION AREAS (RC-Dec 11/25;E-Feb 2/26)
19
4.9
EXISTING BUILDINGS ............................................................................... 19
4.10
EXISTING USES .......................................................................................... 19
4.11
ACCESSORY USES AND BUILDINGS (MC-Jun 26/95;E-Jul 22/95) .. 20
4.11A ACCESSORY HEN USE (RC- Oct 05/21; E-Jan 08/22) ........................... 20
4.12
ACCESSORY BUILDINGS.......................................................................... 20
4.12AA SHIPPING CONTAINERS (RC-Dec 11/25;E-Feb 2/26) .................... 21
4.12A SECONDARY SUITES AND BACKYARD SUITES (RC-Sep 1/20;E-
Nov 7/20) ....................................................................................................... 21
4.13
TEMPORARY CONSTRUCTION USES PERMITTED (HECC-Jan
20/09;E-Feb 07/09) ....................................................................................... 22
4.14 VEHICLE BODIES ....................................................................................... 23
4.15 RESTORATION TO A SAFE CONDITION ................................................ 23
4.16 BUILDING TO BE MOVED ........................................................................ 24
4.17 HEIGHT REGULATIONS ............................................................................ 24
4.18
WATERCOURSE SETBACKS AND BUFFERS (RC-Jun 25/14;E-Oct
18/14) ............................................................................................................. 24
4.18A COASTAL AREAS (RC-Jun 25/14;E-Oct 18/14) ..................................... 25
4.19 REDUCED FRONTAGE ON A CURVE ..................................................... 25
4.20 PERMITTED ENCROACHMENTS ............................................................. 25
4.21 YARD EXCEPTION ..................................................................................... 26
4.22 ILLUMINATION .......................................................................................... 26
4.23 COMMERCIAL MOTOR VEHICLES ......................................................... 26
4.24 PARKING REQUIREMENTS ...................................................................... 26
4.25 STANDARDS FOR PARKING LOTS ......................................................... 29
4.26
COMPOSTING OPERATIONS (MC-Feb 26/96;E-Mar 28/96) ............. 29
4.27
SCHEDULE B - AREAS OF ELEVATED ARCHAEOLOGICAL
POTENTIAL (RC-Jun 25/14;E-Oct 18/14) ............................................... 29
4.28
SCHEDULE C - WETLANDS (RC-Jun 25/14;E-Oct 18/14)................... 30
4.29 WIND ENERGY FACILITIES (RC-Jun 25/14;E-Oct 18/14) ................. 30
4.30
PUBLIC TRANSIT FACILITIES (RC-Jun 25/14;E-Oct 18/14) ............. 34
4.31 CANNABIS-RELATED USES (RC-Sep 18/18;E-Nov 3/18) .................... 34
4.32 SHORT-TERM RENTALS (RC-Feb 21/23;E-Sep 1/23) ......................... 34
4.33 DEVELOPMENT AGREEMENTS FOR ADAPTIVE REUSES IN
RURAL HRM (RC-Dec 11/25;E-Feb 2/26) ............................................... 35
PART 5: SIGNS ......................................................................................................................... 36
PART 6: R-1 (SINGLE UNIT DWELLING) ZONE ................................................................ 39
PART 7: R-1A (AUXILIARY DWELLING UNIT) ZONE ..................................................... 41
PART 8: R-B (RESIDENTIAL B) ZONE................................................................................. 43
PART 9: R-BA (AUXILIARY DWELLING UNIT) ZONE .................................................... 46
PART 10: R-2 (TWO UNIT DWELLING) ZONE ..................................................................... 49
PART 11: R-A (RESIDENTIAL A) ZONE ................................................................................ 51
PART 12: R-3 (MOBILE DWELLING SUBDIVISION) ZONE ............................................... 54
PART 13: R-6 (RURAL RESIDENTIAL) ZONE ...................................................................... 56
PART 14: RE (RURAL ENTERPRISE) ZONE ......................................................................... 59
PART 15: MR (MIXED RESOURCE) ZONE ............................................................................ 63
PART 16: C-1 (COMMUNITY COMMERCIAL) ZONE .......................................................... 67
PART 17: C-2 (GENERAL BUSINESS) ZONE ........................................................................ 71
PART 18: I-2 (SALVAGE YARD) ZONE ................................................................................. 74
PART 19: I-3 (GENERAL INDUSTRY) ZONE ........................................................................ 75
PART 20: RPK (REGIONAL PARK) ZONE (RC-Jun 25/14;E-Oct 18/14) ......................... 77
PART 21: PWS (PROTECTED WATER SUPPLY) ZONE (RC-Jun 25/14;E-Oct 18/14) . 78
PART 22: D-l (DND) ZONE ....................................................................................................... 79
PART 22A: CD-1 (C&D MATERIALS TRANSFER STATIONS) ZONE (RC-Sep
10/02;E-Nov 9/02) ................................................................................................ 80
PART 22B: CD-2 (C&D MATERIALS PROCESSING FACILITIES) ZONE (RC-Sep
10/02;E-Nov 9/02) ................................................................................................ 83
PART 22C: CD-3 (C&D MATERIALS DISPOSAL SITES) ZONE (RC-Sep 10/02;E-Nov
9/02) ...................................................................................................................... 85
PART 22D: ICH (INFRASTRUCTURE CHARGE HOLDING) ZONE (RC-Jul 2/02;E-
Aug 17/02) ............................................................................................................ 87
PART 22E: PA (PROTECTED AREA) ZONE (RC-Jun 25/14;E-Oct 18/14) ................... 88
PART 22F: CDD (COMPREHENSIVE DEVELOPMENT DISTRICT) ZONE (RC-Jun
25/14;E-Oct 18/14) ............................................................................................... 89
PART 23: ADMINISTRATION.................................................................................................. 90
APPENDIX "A" ............................................................................................................................ 92
Schedule A-1:
Wind Energy Zoning (RC-Jun 25/14;E-Oct 18/14) .................................. 93
Schedule B: Areas of Elevated Archaeological Potential (RC-Jun 25/14;E-Oct 18/14) ..... 94
Schedule C: Wetlands (RC-Jun 25/14;E-Oct 18/14) .............................................................. 95
Schedule A: Porters Lake/Lake Echo Zoning Map
Separate
Planning Districts 8 and 9 Land Use By-law
Page 1
PART 1: TITLE
This By-law shall be cited as the "Land Use By-law for Planning Districts 8 and 9" within the
Municipality of the County of Halifax.
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-
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-Jun 26/95;E-Jul 22/95)
2.3
ADULT ENTERTAINMENT USE means a cabaret or massage parlour.
2.4
AGRICULTURAL USE means the use of land and buildings for the production of food,
fibre or flora or the breeding or handling of animals and includes retail or market outlets
for agricultural products and animals.
2.5
AGRICULTURAL USE - INTENSIVE means the use of land and buildings organized to
maximize production in a confined area including the commercial breeding or handling of
animals, the cultivation of mushrooms, and feed lots, broiler plants and slaughter houses.
2.6
ALTERATION means any change in the structural component or any increase in the
volume of a building or structure.
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.
Planning Districts 8 and 9 Land Use By-law
Page 2
2.8
BOARDING OR ROOMING HOUSE (Deleted: RC-Aug 9/22;E-Sep 15/22)
2.9
BUILDING means any structure whether temporary or permanent, used or built for the
shelter, accommodation or enclosure of persons, animals, materials or equipment and
includes any vessel or shipping (RC-Dec 11/25;E-Feb 2/26) container used for any of the
foregoing purposes.
2.9A 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)
2.9B 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)
2.9C 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)
2.9D 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)
2.10
COMMERCIAL RECREATION USE means a building, structure or lot or part of a
building, structure or lot used for commercial recreation or sport purposes and without
limiting the generality of the foregoing, may include animal or vehicle racing tracks, riding
arenas, rifle ranges, golf courses, miniature golf courses, amusement parks and centres, and
drive-in theatres and campgrounds.
2.11
COMMERCIAL VEHICLE means any vehicle which is licensed as a commercial carrier
Planning Districts 8 and 9 Land Use By-law
Page 3
as determined by the Registrar of Motor Vehicles.
2.11A COMPOSTING OPERATION means a public or private solid waste management
facility where the waste is processed using composting technology which may include
physical turning, windrowing, in-vessel, static pile aeration or other mechanical
handling of organic matter and where the annual production of compost material
exceeds 60 cubic metres. (MC-Feb 26/96;E-Mar 28/96)
2.11B CONSTRUCTION AND DEMOLITION MATERIALS, hereinafter referred to as
C&D Materials, means materials which are normally used in the construction of
buildings, structures, roadways, walls and landscaping features, and includes, but is
not limited to, soil, asphalt, brick, concrete, ceramics, porcelain, window glass,
mortar, drywall, plaster, cellulose, fiberglass fibres, lumber, wood, asphalt shingles
and metals. (RC-Sep 10/02;E-Nov 9/02)
2.11C CONSTRUCTION
AND
DEMOLITION
MATERIALS
DISPOSAL
SITE,
hereinafter referred to as a C&D Disposal Site, means land and /or buildings or part
of a building where C&D Materials, or Residue remaining from C&D Processing
Facilities, are disposed of by land application or burying, and shall not include the
use of inert C&D materials, approved by Provincial Department of the Environment
and Labour, for site rehabilitation within gravel pits and quarry operations licensed
by the Province of Nova Scotia. (RC-Sep 10/02;E-Nov 9/02)
2.11D CONSTRUCTION AND DEMOLITION MATERIALS PROCESSING FACILITY,
hereinafter referred to as a C&D Processing Facility, means lands and/or buildings
or part of a building used to sort, alter, grind, or otherwise process, C&D Materials
for reuse or recycling into new products, and shall not include a Used Building
Material Retail Outlet, an operation that processes inert C&D Materials on the site
of generation and the material processed does not leave the site except for inert C&D
Materials described in Sub-Section 9(3) of HRM C&D License By-law (L-200 and L-
201), de-construction of a building on site, a municipal processing facility for used
asphalt and concrete, or facilities associated with reclamation of a gravel pit or quarry
operations licensed by the Province of Nova Scotia or forestry manufacturing
processes. (RC-Sep 10/02;E-Nov 9/02)
2.11E 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)
2.12
COUNCIL means the Council of the Municipality of the County of Halifax.
2.13
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 five (5)
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
Planning Districts 8 and 9 Land Use By-law
Page 4
Primary to VII. (HECC-Mar 3/09;E-Mar 21/09)
2.14
DEVELOPMENT OFFICER means the Officer appointed by Council to administer the
provisions of this By-law.
2.15
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, hostel,
and travel trailer or trailer otherwise described.
(b)
Dwelling Unit means one or more habitable rooms designed, occupied or intended
for use by one or more persons as an independent and separate housekeeping
establishment in which kitchen, sleeping and sanitary facilities are provided for the
exclusive use of such persons.
(c)
Dwelling Unit, Auxiliary means a dwelling unit no greater in size than forty-five
(45) per cent of the dwelling in which it is located, and in which interior access
between the two dwelling units is unrestricted.
(d)
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)
(e)
Dwelling, Mobile means a single or multiple section manufactured dwelling unit
designed to be transportable whether or not it is equipped with wheels, and having
any main wall with a width of less than twenty (20) feet (6.1 m).
(f)
Dwelling, Two Unit means a building containing two dwelling units.
(g)
Dwelling, Multiple Unit means a building containing three or more dwelling units.
2.16 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 lounge or beverage room, a video or amusement centre and a pool
or billiard hall, but does not include an adult entertainment use.
2.17 ERECT means to build, construct, reconstruct, alter or relocate, and without limiting the
generality of the foregoing, shall be taken to include any preliminary physical operation
such as excavating, grading, piling, cribbing, filling or draining and structurally altering
any existing building or structure by an addition, deletion, enlargement or extension but
does not include work done in connection with the subdivision approval process or for the
temporary storage of fill.
2.18 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 public street or highway
or private road means the elevation of the public street, highway or private road approved
by the Municipality or other designated authority.
2.18A 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)
Planning Districts 8 and 9 Land Use By-law
Page 5
2.19 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.
2.20 EXISTING means in existence on the effective date of this By-Law.
2.21 FISH AND BOAT SHED means a building used exclusively for storing or repairing fishing
equipment and boats and which is not used for seasonal or permanent residential purposes
or any other use, and which has waterfrontage on the Atlantic Ocean proper, inlets of the
Atlantic Ocean, or Porters Lake south of Middle Porters Lake Road.
2.22 FISH PROCESSING PLANT means a building or part of a building which is used for the
cleaning, filleting, curing, packing, canning, freezing, salting and cooking, pickling, drying
or preparing fish for market in any other manner, but does not include a smokehouse or an
operation where a fisherman himself or his crew processes his own catch provided that all
applicable federal and provincial requirements are satisfied.
2.23 FISHERY USE means commercial aquaculture and uses associated with a fishery use
including boat and equipment storage and maintenance buildings and yards, retail and
wholesale outlets for fish and fish products, and fish processing plants but does not include
fish waste processing plants.
2.24 FORESTRY USE means commercial silviculture and the production of saw logs or pulp
logs 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, but does not include pulp mills employing chemical processes.
2.25 GROSS FLOOR AREA means the aggregate of the floor areas of a building above and
below grade, measured between the exterior faces of the exterior walls of the building at
each floor level but excluding car parking areas within the building and, for the purpose of
this definition, the walls of an inner court shall be deemed to be exterior walls.
2.26 HEIGHT means the vertical distance of a building between the established grade and
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.
2.26A HEN means adult female chicken. For the purposes of this by-law hens associated
with an accessory hen use are not livestock (RC- Oct 05/21; E-Jan 08/22).
2.27 INSTITUTIONAL USE means any educational or denominational use, day care facility,
shared housing with special care (RC-Aug 9/22;E-Sep 15/22), fire or police station,
government office or public works, hospital or medical clinic, public library, museum or
gallery, fraternal centre or hall and community centre or hall, but does not mean a penal
institution or detention facilities within a hospital.
2.28 KENNEL means a building or structure used for the enclosure of a total of five (5) or more
Planning Districts 8 and 9 Land Use By-law
Page 6
adult dogs which are kept for the purposes of commercial breeding or showing or for
commercial boarding with or without veterinary care.
2.28A LIVESTOCK means horses, cows, pigs, sheep, goats and fowl, whether or not they
are kept for commercial purposes. (C-Aug 27/90;E-Sept 22/90)
2.29 LOT
(a)
Lot means any area of land or parcel described in a deed filed in the Office of the
Registrar of Deeds for Halifax County on or before the 16th day of April, 1987, or
is described in a plan or (RC-Dec 11/25;E-Feb 2/26) deed approved (RC-Dec
11/25;Feb 2/26) pursuant to the Land Titles Clarification Act or is approved on a
plan of subdivision endorsed and filed in the Office of the Registrar of Deeds for
Halifax County or is created under Section 93(2) of the Planning Act.
(b)
Corner Lot means a lot situated at the intersection of, and abutting on, two or more
streets or private roads.
(c)
Through Lot means a lot bounded on two opposite sides by streets or private roads
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.
2.30 LOT AREA means the total horizontal area within the lot lines of a lot.
2.31 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 except for irregular shaped lots where lot depth shall
be determined according to the provincial Department of Health regulations.
2.32 LOT FRONTAGE means the horizontal distance between the side lot lines as measured
along the front lot line.
2.33 LOT LINE
(a)
Lot Line means a boundary or exterior line of a lot.
(b)
Front Lot Line means the line, including any curved line dividing the lot from the
public street or highway or private road; and
(i)
in the case of a corner lot, the shorter boundary line abutting the street or
private road shall be deemed to be the front lot line and the longer boundary
line abutting the street or private road shall be deemed to be the flankage lot
line and where such lot lines are of equal length, the front lot line shall be
either of the lot lines and the other lot line shall be the flankage lot line; or
(ii)
in the case of a lot where the shore line of a lake or the sea or the bank of a
river forms one of its boundaries, the lot line facing the access street or
private road shall be deemed to be the front lot line.
(c)
Rear Lot Line means the lot line farthest from or opposite to the front lot line.
(d)
Side Lot Line means a lot line other than a front or rear lot line.
(e)
Flankage Lot Line means a side lot line which abuts the street or private road on a
corner lot.
2.34 LRIS means the Land Registration and Information Service whose property identification
numbering system is used in Appendix A of this By-law to identify particular land parcels.
Planning Districts 8 and 9 Land Use By-law
Page 7
(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 maritime provinces.)
2.35 MAIN BUILDING means the building in which is carried on the principal purpose or
purposes for which the building lot is used.
2.36 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.
2.37 MASSAGE PARLOUR means a building or part of a building where a massage, body rub,
alcohol rub, bath or similar activity is performed, offered, advertised or solicited in
pursuance of trade, calling, or arranged so as to provide such activity, but does not mean a
building or part of a building where treatment is routinely offered or performed for the
purpose of medical or therapeutic treatment and which is performed or offered by or under
the supervision or direction of a physician, chiropractor, osteopath, physiotherapist,
occupational therapist, or nurse licensed or registered under the laws of the Province of
Nova Scotia.
2.38 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.
2.38A 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)
2.39 MUNICIPALITY means the Municipality of the County of Halifax.
2.40 OBNOXIOUS USE means a use which, from its nature or operation, creates a nuisance or
is offensive by reason of noise, vibration, glare or objectionable odour, by the emission of
gas, fumes, dust, oil or by the unsightly storage of goods, wares, merchandise, salvage,
refuse matter, waste or other materials and shall include operations which produce wastes
that cannot be treated by an approved on-site sewage disposal system or which involve, as
the primary function, the handling of hazardous materials.
2.41 OFFICE means a room or rooms where business may be transacted, a service performed
or consultation given but does not include the manufacturing of any product.
2.42 OPEN SPACE USE means the use of land for public and private parks and playgrounds,
athletic fields, tennis courts, lawn bowling greens, outdoor skating rinks, picnic areas,
cemeteries, day camps, historic sites or monuments, and similar uses to the foregoing,
together with the necessary accessory buildings and structures, but does not include
camping grounds, golf courses or tracks for the racing of animals or motorized vehicles.
2.43 OUTDOOR STORAGE means the storage of merchandise, goods, inventory, materials or
Planning Districts 8 and 9 Land Use By-law
Page 8
equipment or other items which are not intended for immediate sale, by locating them on
a lot exterior to a building.
2.44 PARKING LOT means a building or structure or part of a building or structure or an open
area containing parking spaces, other than a street, for two (2) or more motor vehicles,
available for public use or as an accommodation for clients, customers or residents and
which has adjacent access to permit ingress or egress of motor vehicles to a street or private
road by means of driveways, aisles or manoeuvring areas where no parking or storage of
motor vehicles is permitted.
2.45 PARKING SPACE means an area of not less than one hundred sixty (160) square feet
(14.9 m2), measuring eight (8) feet (2.4 m) by twenty (20) feet (6.1 m), for the temporary
parking or storage of motor vehicles, and which has adequate access to permit ingress and
egress of a motor vehicle to and from a street or private road by means of driveways, aisles
or manoeuvring areas.
2.46 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.
2.47 PERSONAL SERVICE SHOP means a building or part of a building in which persons are
employed in furnishing direct services and otherwise directly administering to the
individual and personal needs of persons, and without limiting the generality of the
foregoing, may include such establishments as barber shops, beauty parlours, automatic
laundry shops, hairdressing shops, shoe repair and shoe shining, and tailoring, laundry and
dry cleaning collection depots and shops, but excludes the manufacturing or fabrication of
goods for retail or wholesale distribution.
2.48 PRIVATE ROAD means any street or road which is not public, as defined in the
Subdivision By-law, and which is shown as a private road on an approved plan of
subdivision and the right-of-way, alignment, and gradient is approved by the Department
of Transportation and Communications.
2.49 PUBLIC PARK means a park owned or controlled by a public authority or by any board,
commission or other authority established under any statute of the Province of Nova Scotia.
2.50 RECREATION USE means the use of land, buildings or structures for active or
passive recreational purposes and may include indoor recreation facilities, sports
fields, sports courts, playgrounds, multi-use trails, picnic areas, scenic view points
and similar uses to the foregoing, together with the necessary accessory buildings and
structures, but does not include commercial recreation uses. (RC-Jun 25/14;E-Oct
18/14)
2.50A RECYCLING DEPOT means a building which is used for the deposit, collection and
handling of waste paper, rags, tires, bottles or other materials (excluding construction
and demolition materials or hazardous materials) which are to be delivered wholesale
to other operations for reclamation, processing or salvage, but shall not include any
such salvage or processing on the same lot or within any building used as a re-cycling
depot. (RC-Sep 10/02;E-Nov 9/02)
Planning Districts 8 and 9 Land Use By-law
Page 9
2.51
RESIDENTIAL CARE FACILITY (Deleted: RC-Aug 9/22;E-Sep 15/22)
2.51A RESTAURANT - FULL SERVICE means a building or part of a building wherein
food is prepared and offered for sale to the public primarily for consumption within
the building and may include a take-out area which does not exceed 10% of the gross
floor area of the full service restaurant. A full service restaurant is characterized by
the provision of table service, including buffet service and may also be licensed to
serve alcoholic beverages.
2.51B 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.
2.51C 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 nay include a seating area which does not exceed 25% of the gross floor area of
the take-out restaurant. A take-out restaurant does not provide the service of
delivery to or waiting on tables nor is it licensed to sell alcoholic beverages. Take-
out restaurants, however, may provide a home delivery service. (C-Feb 10/92;E-Mar
7/92)
2.52 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.
2.53 ROAD ENTRANCE RESERVE means the frontage which provides access to a public
street or highway or private road from an area of land consisting of a minimum of five (5)
acres (2.0 ha) and which entrance has been approved by the department of Transportation
for the purposes of a public road or private road entrance reserve.
2.54
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)
2.55 SENIOR CITIZEN HOUSING (Deleted: RC-Aug 9/22;E-Sep 15/22)
2.56 SERVICE INDUSTRY means a building or part of a building in which the primary
function is to provide services such as assembly maintenance or limited fabrication, and
which may include, as a minor or accessory function, the provision of supplies,
merchandise or wares directly related to the services provided, and without limiting the
generality of the foregoing, may include a public garage including an engine and body
repair shop, a printing establishment, a laundry or cleaning establishment, a wholesale
bakery, a paint shop, a plumbing shop, a sheet metal shop, a truck depot, a construction
yard, and similar uses.
Planning Districts 8 and 9 Land Use By-law
Page 10
2.57 SERVICE SHOP means a building or part of a building used for the sale and repair of
household articles and may include radio, television and appliance repair shops but shall
not include industrial or manufacturing plants, or motor vehicle repair shops.
2.58 SERVICE STATION means a building or part of a building or a clearly defined space on
a lot used for the retail sale of gasolines and which may be used for the sale of automobile
accessories and the servicing and general repairing of motorized vehicles and may include
washing facilities.
2.58A 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)
2.58B 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)
2.58BA 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)
2.58C 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)
2.58D 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)
2.59 SIGN means any structure, device, light, painting or other representation or natural
object which is used to identify, advertise or attract attention to any object, place,
activity, person, institution, organization, firm, group, commodity, profession,
enterprise, industry or business, or which display or include any letter, work, model,
flag, pennant, insignia, device or representation used as an announcement, direction
or advertisement, and which is intended to be seen from off the premises or from a
parking lot, except any "sign" regulated under HRM By-law S-800 and signs which
are affixed to the inside of a window or glass door.
(a)
Ground Sign means a sign supported by one or more uprights, poles or braces,
Planning Districts 8 and 9 Land Use By-law
Page 11
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)
2.59A 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)
2.60 STREET OR ROAD means the whole and entire right-of-way of every highway, road or
road allowance vested in the Province of Nova Scotia or the Municipality of the County of
Halifax.
2.61 STREET LINE means the boundary line of a street or private road.
2.62 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.
2.62.5 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.
2.62A USED BUILDING MATERIAL RETAIL OUTLET means land and/or buildings or
part of a building where C&D Materials are sorted and available for resale with
incidental and minimal alteration of the materials and where activity primarily
occurs inside a building. (RC-Sep 10/02;E-Nov 9/02)
2.63 VIDEO ARCADE means any commercial facility which contains more than three (3)
amusement machines and, without limiting the generality of the foregoing, includes pinball
machines and electronic or mechanical game machines operated by depositing coins or
tokens.
2.63A 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,
Planning Districts 8 and 9 Land Use By-law
Page 12
flow splitters, dispersion beds, energy dissipation, baffles, pipes, inlet/outlet
structures, weirs and/or check dams. (RC-Jun 25/14;E-Oct 18/14)
2.64
WATERCOURSE means a lake, river, stream, ocean or other natural body of
water. (RC-Jun 25/14;E-Oct 18/14)
2.65 YARD means an open, uncovered space on a lot appurtenant to a building, except a court
bounded on two (2) or more sides by buildings. In determining yard measurements, the
minimum horizontal distance from the respective lot lines shall be used.
(a)
Front Yard means a yard extending across the full width of a lot and between the
front lot line and the nearest wall of any main building or structure on the lot; and
required front yard or minimum front yard means the minimum depth required by
this By-law of a front yard on a lot between the front lot line and the nearest main
wall of any building or structure on the lot.
(b)
Rear Yard means a yard extending across the full width of a lot and between the
rear lot line and the nearest wall of any main building or structure on the lot; and
required rear yard or minimum rear yard means the minimum depth required by
this By-law of a rear yard on a lot between a rear lot line and the nearest main wall
of any building or structure on the lot.
(c)
Side Yard means a yard extending between the front yard and the rear yard and
between a side lot line and the nearest main wall of any building on the lot; and
required side yard or minimum side yard means the minimum breadth required by
this By-law of a side yard on a lot between a side yard line and the nearest main
wall of any building or structure on the lot.
(d)
Flankage Yard means the side yard of a corner lot, which side yard abuts a street,
and required flankage yard or minimum flankage yard means the minimum side
yard required by this By-law where such yard abuts a street or private road.
Planning Districts 8 and 9 Land Use By-law
Page 13
PART 3: ZONES AND ZONING MAPS
3.1
ZONES
For the purpose of this By-law, the Planning Districts 8 & 9 Plan Area is divided into the
following zones, the boundaries of which are shown on the attached zoning schedules.
Such zones may be referred to by the appropriate symbols:
Symbol
Zone
Residential Zones
R-1
Single Unit Dwelling Zone
Lake Echo Community
R-1A
Auxiliary Dwelling Unit Zone
Designation
R-2
Two Unit Dwelling Zone
R-3
Mobile Dwelling Subdivision Zone
R-6
Rural Residential Zone
Residential Zones
R-B
Residential B Zone
Mixed Use Designation
R-BA
Auxiliary Dwelling Unit Zone
R-A
Residential A Zone
Mixed Use Zones
RE
Rural Enterprise Zone
CDD
Comprehensive Development
District Zone (RC-Jun 25/14;E-
Oct 18/14)
Commercial Zones
C-1
Community Commercial Zone
C-2
General Business Zone
Industrial Zones
I-2
Salvage Yard Zone
I-3
General Industrial Zone
Construction & Demolition
(C&D) Zones
CD-1
C&D Materials Transfer Stations
(RC-Sep 10/02;E-Nov 9/02)
Zone
CD-2
C&D Materials Processing
Facilities Zone
CD-3
C&D Materials Disposal Sites
Zone
Infrastructure Charge Zone
ICH
Infrastructure Charge Holding
(RC-Jul 2/02;E-Aug 17/02)
Zone
Resource Zones
MR
Mixed Resource Zone
Community Uses Zones
RPK
Regional Park Zone
(RC-Jun 25/14;E-Oct 18/14)
PWS
Protected Water Supply Zone
(RC-Jun 25/14;E-Oct 18/14)
Planning Districts 8 and 9 Land Use By-law
Page 14
D-1
DND Zone
PA
Protected Area Zone
(RC-Jun 25/14;E-Oct 18/14)
3.2
ZONING MAPS
(a)
Schedules A2 to A3, B1 to B4, C1 to C4, D2 to D4, E2 to E4, and F3, attached
hereto, may be cited as the Planning Districts 8 and 9 Zoning Maps and are hereby
declared to form part of this By-law.
(b)
The extent and boundaries of all zones are shown on Schedules A2 to A3, B1 to
B4, C1 to C4, D2 to D4, E2 to E4, and F3, and for all such zones the provisions of
this By-law shall respectively apply.
(c)
The symbols used on Schedules A2 to A3, B1 to B4, C1 to C4, D2 to D4, E2 to E4,
and F3, refer to the appropriate zones established by Section 3.1.
3.3
INTERPRETATION OF ZONING BOUNDARIES
Boundaries between zones shall be determined as follows:
(a)
where a zone boundary is indicated as following a street or highway, the boundary
shall be the centre line of such street or highway;
(b)
where a zone boundary is indicated as approximately following lot lines, the
boundary shall follow such lot lines;
(c)
where a public street or highway, railroad or railway right-of-way, electrical
transmission line right-of-way or watercourse is included on the zoning maps, it
shall, unless otherwise indicated, be included in the zone of the adjoining property
on either side thereof;
(d)
where a railroad or railway right-of-way, electrical transmission line right-of-way
or watercourse is included on the zoning maps and serves as a boundary between
two or more different zones, a line midway on such right-of-way or watercourse
and extending in the general direction of the long division thereof shall be
considered the boundary between zones unless specifically indicated otherwise;
and
(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 any such zone has previously appeared on any zoning map. Such
amendments shall be carried out in accordance with the requirements of the Planning Act
and shall be in conformity with the policies of the Municipal Planning Strategy for
Planning Districts 8 and 9.
3.5
USES PERMITTED
Uses permitted within any zone shall be determined as follows:
(a)
Any use not listed as a use permitted within any zone shall be deemed to be
Planning Districts 8 and 9 Land Use By-law
Page 15
prohibited in that zone;
(b)
Notwithstanding Section 3.5(a) above, unless a use is specifically prohibited within
the RE (Rural Enterprise) Zone, it shall be deemed to be a permitted use in that
zone;
(c)
Any use listed as subject to any special conditions or requirements shall be
permitted subject to the fulfilling of such conditions or requirements;
(d)
Where a use permitted within any zone is defined in Part 2.0, the uses permitted
within that zone shall be deemed to include any similar use which satisfied such
definition except where any definition is specifically limited to exclude any use;
and
(e)
Except where limited by Section 4.1 or specifically prohibited elsewhere in this By-
law, any use permitted within any zone may be located in conjunction with, whether
contained within the same building of located on the same lot as, any other use
permitted within that zone.
3.6
OTHER USES CONSIDERED BY DEVELOPMENT AGREEMENT
Notwithstanding Section 3.5, certain uses which may not be uses permitted in any zone
may be considered in accordance with Sections 55, 66 and 67 of the Planning Act. As
provided for by the Municipal Planning Strategy for Planning Districts 8 and 9, such uses
are as follows:
(a)
Expansion of existing mobile home parks within the Lake Echo Community
Designation, according to Policy P-64; and
(b)
Hotels, Motels and Motor Inns on lands abutting Highway No. 7 or Old Lake Echo
Road within the Lake Echo Community Designation, according to Policy P-68.
(c)
New or expanded community commercial uses in excess of 2,000 square feet of
gross floor area within the Lake Echo Community Designation, according to
Policy P-65A. (MC-Aug 9/93;E-Sep 20/93)
As provided for in the Regional Municipal Planning Strategy for Halifax
Regional Municipality, the following uses may be considered by development
agreement on lands designated Rural Commuter: (RC-Jun 25/14;E-Oct
18/14)
(i)
Conservation Design Developments in accordance with policies S-14A,
S-14B, S-15A, S-15B, S-16A, S-17A (RC-Oct 11/22;E-Nov 16/22), S-
17B, and S-17C (RC-Dec 11/25;E-Feb 2/26) of the Regional Municipal
Planning Strategy, as applicable; (RC-Jun 25/14;E-Oct 18/14)
(ii)
a mix of residential, commercial and institutional uses under the CDD
(Comprehensive Development District) Zone, as per policy S-10 of the
Regional Municipal Planning Strategy; and (RC-Jun 25/14;E-Oct
18/14)
(iii)
residential development on islands, as per policy S-18 of the Regional
Municipal Planning Strategy. (RC-Jun 25/14;E-Oct 18/14)
(d)
Pursuant to Policy P-102, 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)
Planning Districts 8 and 9 Land Use By-law
Page 16
3.7
LARGER CANNABIS PRODUCTION FACILITIES BY DEVELOPMENT
AGREEMENT (RC-Sep 18/18;E-Nov 3/18)
Cannabis production facilities that are permitted in a zone that exceed the maximum
gross floor area requirements of the zone may be permitted by development
agreement in accordance with Policy EC-22 of the Regional Municipal Planning
Strategy.
3.8
DEVELOPMENT
AGREEMENTS
FOR
REGISTERED
HERITAGE
PROPERTIES (RC-Oct 11/22;E-Nov 16/22)
Development that is not otherwise permitted in this By-law may be permitted by
development agreement on a registered heritage property, in accordance with Policy
CH-7A of the Halifax Regional Municipal Planning Strategy.
Planning Districts 8 and 9 Land Use By-law
Page 17
PART 4:
GENERAL PROVISIONS FOR ALL ZONES
4.1 DEVELOPMENT PERMITS
(a)
No development shall be permitted unless a development permit has been issued
and no development permit shall be issued unless all the provisions of this By-law
are satisfied.
(b)
Any development permit shall be in force for a period of one (1) year from the date
of issue and any permit may be re-issued upon request and subject to review by the
Development Officer provided that the request is received before the expiry of the
current permit.
(c)
Where any development permit is issued, such permit may include permission 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 more than one (1) lot.
(d)
Notwithstanding Section 4.1(a) above, no development permit shall be required for
the following:
(i)
any open space use which does not involve a building or structure;
(ii)
any accessory building or structure which has less than three hundred (300)
square feet (27.9 m2) of gross floor area; and
(iii)
any sign which is less than one hundred (100) square feet (9.3 m ) in area,
or any other sign permitted under Section 5.3.
(iv)
An accessory hen use (RC- Oct 05/21; E-Jan 08/22)
(v)
A short-term rental of an entire dwelling unit in an operator's primary
residence is exempt from the requirement to obtain a development
permit. (RC-Feb 21/23;E-Sep 1/23)
(vi)
Provided the rental is not a short-term bedroom rental, a rental of 3 or
fewer bedrooms in a dwelling unit shall not require a development
permit. (RC-Feb 21/23;E-Sep 1/23)
4.1A (Deleted: RC-Jun 27/06;E-Aug 26/06)
4.2 LICENCES PERMITS AND COMPLIANCE WITH OTHER BY-LAWS
(a)
Nothing in this By-law shall exempt any person from complying with the
requirements of the Building By-law or any other by-law in force within the
Municipality, or to obtain any licence, permission, permit, authority or approval
required by any other by-law of the Municipality or statute and regulation of the
Province of Nova Scotia.
(b)
Where the provisions in this By-law conflict with those of any other municipal or
provincial regulations, by-laws or codes, the higher or more stringent requirements
shall prevail except where the reduced lot frontage provisions of the Subdivision
By-law have been applied.
4.3 SEWAGE DISPOSAL SYSTEMS
Where any lot is developed with a septic tank and disposal field after the adoption of this
By-law, the minimum on-site requirements of this By-law shall apply for the purpose of
Planning Districts 8 and 9 Land Use By-law
Page 18
obtaining a development permit; for the purpose of obtaining a permit for the installation
of a septic tank, the regulations of the Nova Scotia Department of Health shall prevail.
4.4
REDUCED FRONTAGE OR AREA
(a)
Any lot created in accordance with Section 98 of the Planning Act may be used for
any purpose permitted in the zone in which the lot is located, and a development
permit may be issued provided that all other applicable provisions of this By-law
are satisfied.
(b)
Notwithstanding the lot frontage requirements found elsewhere in this By-law, lots
may be created in accordance with the provisions of Part 14 of the Subdivision By-
law, and a development permit may be issued provided that all other applicable
provisions of this By-law are satisfied.
(c)
Notwithstanding the lot frontage and area requirements found elsewhere in this By-
law, fish and boat shed lots may be created in accordance with the provisions of the
Subdivision By-law, and a development permit may be issued provided that all
other applicable provisions of this By-law are satisfied.
(d)
Notwithstanding the lot frontage requirements found elsewhere in this By-law,
residential uses that are located on lots that do not meet lot frontage
requirements and received development permits on or before April 1, 2016 are
permitted provided all other applicable provisions of this By-law are satisfied.
(RC-Jan 10/17;E-Feb 25/17)
4.5 ROAD ENTRANCE RESERVES
Notwithstanding the lot frontage provisions contained in this By-law, a portion of a lot
identified as a road entrance reserve on any public road shall meet the requirements of the
provincial Department of Transportation.
4.6 ONE DWELLING ON A LOT.
(a)
Not more than one (1) dwelling shall be erected on a lot.
(b)
Notwithstanding Section 4.6(a) above, two dwellings may be erected on a lot within
an RE (Rural Enterprise) or MR (Mixed Resource) Zone provided that each
dwelling is located on an area of land that is capable of meeting subdivision
requirements and a preliminary subdivision examination has been completed in
accordance with the municipal Subdivision By-law and provided that all other
applicable provisions of this By-law are satisfied.
(c)
Notwithstanding Sections 4.6(a) (Deletion: HEMDCC-Mar 4/21;E-Mar 27/21)
& 4.6(b) (Deletion: HEMDCC-Mar 4/21;E-Mar 27/21), a single unit dwelling
and a backyard suite or a mobile dwelling and a backyard suite may be located
on the same lot. (RC-Sep 1/20;E-Nov 7/20)
4.7 SEPARATION BETWEEN MAIN BUILDINGS
The minimum separation distance between main buildings on the same lot shall be sixteen
(16) feet (4.8 m).
Planning Districts 8 and 9 Land Use By-law
Page 19
4.8 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 or a minor variance granted.
(b)
Further to Section 4.8(a) above, the Development Officer may issue a development
permit for a lot approved according to Part 14 of the Subdivision By-law, where an
undersized lot has had its boundaries altered. (C-Dec 18/89;E-Jan 13/90)
4.8A LAND TITLES CLARIFICATION AREAS (RC-Dec 11/25;E-Feb 2/26)
(a)
Notwithstanding the lot area and frontage requirements in this By-law, any
area of land or parcel located within a Land Titles Clarification Area as
defined by the Land Titles Clarification Act, having less than the minimum
frontage or area required by this By-law may be used for any purpose
permitted in the zone in which the lot is located and a building may be erected
on the lot, provided that all other applicable provisions in the By-law are
satisfied.
(b)
Further to subsection (a) above, the Development Officer may issue a
development permit for a lot approved pursuant to Section 68A of the Regional
Subdivision By-law.
4.9
EXISTING BUILDINGS
Where a building has been erected on or before the effective date of this By-law, on a lot
having less than the minimum frontage, area, or depth, or having less than the minimum
setback or side yard or rear yard required by this By-law, the building may be enlarged,
reconstructed, repaired or renovated provided that:
(a)
the enlargement, reconstruction, repair or renovation does not further reduce the
front yard or side yard that does not conform to this By-law; and
(b)
all other applicable provisions of this By-law are satisfied or a minor variance
granted.
4.10 EXISTING USES
(a)
All existing uses are permitted uses and as such are permitted to expand, resume
operation if discontinued or be replaced or rebuilt if destroyed, on the lot which
they occupied on the effective date of this By-law, subject to the requirements of
the zone in which it is located, with the exception of uses identified in Subsection
3.6(a), which shall only be permitted by development agreement; and
(b)
Notwithstanding anything else in this By-law, an existing use listed in Appendix A
of this By-law may expand on the lot which it occupied on the effective date of this
By-law subject to the applicable provisions of the zone indicated.
Planning Districts 8 and 9 Land Use By-law
Page 20
4.11 ACCESSORY USES AND BUILDINGS (MC-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.
4.11A ACCESSORY HEN USE (RC- Oct 05/21; E-Jan 08/22)
An accessory hen use is permitted in conjunction with a residential use in all zones
subject to the following provisions:
(a) The maximum number of hens permitted on a lot shall be:
i. a maximum of 10 hens on lots less than 4,000 square metres in size;
ii. a maximum of 15 hens on lots 4,000 square metres and over but less
than 6,000 square metres in size;
iii. a maximum of 20 hens on lots 6,000 square metres and over but less
than 10,000 square metres in size;
iv. a maximum of 25 hens on lots 10,000 square metres or greater in size;
(b) Hens shall be contained within an accessory building or a fenced area that:
i. is located in a rear yard;
ii. is setback the minimum distance that is required for a main building, on
the subject lot, from a wetland or watercourse;
iii. subject to 4.11A(b)(iv), meets the requirements for accessory buildings
under this by-law; and
iv. is setback a minimum of 1 metre from any side or rear lot line.
(c) The following are not permitted:
i. On-site slaughtering or euthanizing of hens; and
ii. The sale of eggs, meat or hens.
4.12 ACCESSORY BUILDINGS
(a)
Accessory uses, buildings and structures shall be permitted in any zone but shall
not:
(i)
be used for human habitation except where a dwelling is a permitted
accessory use;
(ii)
be built closer to the front lot line than the minimum distance required for
the main building or be built closer than four (4) feet (1.2 m) to any other lot
line except that:
1.
common semi-detached garages may be centred on the mutual side
lot line;
Planning Districts 8 and 9 Land Use By-law
Page 21
2.
boat houses and boat docks may be built to the lot line when the line
corresponds to the high water mark;
3.
where an area of land is proposed to be subdivided and an existing
accessory building is less than one hundred and four (104) feet (31.7
m) from any side or rear lot line forming a boundary of the proposed
lot, the minimum side yard requirement for the accessory building
may be reduced to two (2) feet (0.6 m);
(iii)
exceed twenty-five (25) feet (7.7 m) (RC-May 23/24;E-June 13/24) in
height in any residential zone;
(iv)
exceed a footprint of (RC-Dec 11/25;E-Feb 2/26) one thousand (1000)
square feet (93 square metres)(RC-May 23/24;E-June 13/24) in any
residential zone; nor
(v)
be built within eight (8) feet (2.4 m) of the main building.
(vi)
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 and retaining walls shall be exempted from the
requirements of Section 4.12(a) above.
(c)
Notwithstanding anything else in this by-law, an enclosed or internal staircase
or elevator leading to a dwelling unit within an accessory structure is exempted
from the maximum gross floor area requirements for backyard suites (RC-Dec
11/25;E-Feb 2/26). (RC-May 23/24;E-June 13/24)
4.12AA SHIPPING CONTAINERS (RC-Dec 11/25;E-Feb 2/26)
(a)
Shipping containers shall be prohibited.
(b)
Notwithstanding subsection (a), non-residential temporary construction
shipping containers are permitted subject to Section 4.13.
(c)
Notwithstanding subsection (a), temporary residential shipping containers
are permitted subject to Section 4.13.
(d)
Notwithstanding subsection (a), shipping containers are permitted as a
dwelling subject to the applicable zone standards for dwellings.
(e)
Notwithstanding subsection (a), shipping containers are permitted as a
backyard suite subject to the applicable requirements for backyard suites.
4.12A SECONDARY SUITES AND BACKYARD SUITES (RC-Sep 1/20;E-Nov 7/20)
(a)
SECONDARY SUITES
Secondary suites shall be permitted accessory to a single unit dwelling, a
mobile dwelling, (RC-Dec 11/25;E-Feb 2/26) or a two unit dwelling subject to
the following provisions:
(i)
No more than one secondary suite(RC-May 23/24;E-June 13/24) or
auxiliary dwelling (RC-Dec 11/25;E-Feb 2/26) shall be permitted on a
lot;
(ii)
The floor area of a secondary suite shall not exceed 80.0 square metres;
(iii)
A two unit dwelling that contains a secondary suite shall not be
considered a multiple unit dwelling;
(iv)
Notwithstanding the parking requirements of Section 4.24, additional
off-street parking shall not be required; and
Planning Districts 8 and 9 Land Use By-law
Page 22
(v)
A secondary suite shall be permitted accessory to a non-conforming
structure for residential use, except where no residential uses are
permitted in the zone.(RC-May 23/24;E-June 13/24)
(b)
BACKYARD SUITES
Backyard suites shall be permitted accessory to a single unit dwelling, a mobile
dwelling, (RC-Dec 11/25;E-Feb 2/26) or a two unit dwelling, or a multiple unit
dwelling containing only 3 dwelling units (RC-May 23/24;E-June 13/24)
subject to the following provisions:
(i)
No more than one(RC-May 23/24;E-June 13/24) backyard suite shall be
permitted on a lot;
(ii)
A backyard suite is not considered a separate main building or main
dwelling;
(iii)
The backyard suite shall meet the accessory buildings requirements as
set out in Sections 4.11 and 4.12;
(iv)
The gross floor area of a backyard suite shall not exceed 1000 square
feet (93.0 square metres)(RC-May 23/24;E-June 13/24);
(v)
Notwithstanding the parking requirements of Section 4.24, additional
off-street parking shall not be required;
(vi)
A backyard suite shall be permitted accessory to a non-conforming
structure for residential use, except where no residential uses are
permitted in the zone; (RC-May 23/24;E-June 13/24)
(vii)
A backyard suite must be located on the same lot as the main dwelling
unit;
(viii) A backyard suite shall have unobstructed access that
(A)
connects the backyard suite to a street or private road,
(B)
is located on the same lot on which the backyard suite is located,
and
(C)
has a minimum width of 1.1 metres; (RC-May 23/24;E-June
13/24) and
(ix)
A non-conforming accessory building may be converted to a backyard
suite if the gross (RC-Dec 11/25;E-Feb 2/26) floor area of the backyard
suite does not exceed 1,000 square feet (93 square metres). (RC-May
23/24;E-June 13/24)
4.13 TEMPORARY CONSTRUCTION USES PERMITTED (HECC-Jan 20/09;E-Feb
07/09)
(a)
Nothing in this By-law shall prevent the use of land or the use or erection of a
temporary building or structure which is necessary and accessory to
construction in progress, such as a work camp or construction camp, mobile
home, sales or rental office, tool or maintenance shed or scaffold, including a
shipping container which serves as one of the foregoing, except as a mobile
home, sales or rental offices, provided that a development permit has been
issued.
(ab)
Temporary buildings or structures for a work camp or construction camp are
permitted on the worksite or on a lot which directly abuts or is directly across
a public street or highway, private road or private right-of-way from the
worksite. Any other temporary construction uses must be located on the
Planning Districts 8 and 9 Land Use By-law
Page 23
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.
4.14 VEHICLE BODIES
No truck, bus, coach, motor home, camper trailer (RC-Dec 11/25;E-Feb 2/26) or
streetcar body, nor a structure of any kind, other than a dwelling unit erected and used in
accordance with this and all other By-laws of the Municipality, shall be used for human
habitation, and no vehicle body shall be used as a commercial building except in an RE
(Rural Enterprise) Zone. For clarity, a shipping container is not considered a vehicle
body. (RC-Dec 11/25;E-Feb 2/26)
4.15 RESTORATION TO A SAFE CONDITION
Nothing in this By-law shall prevent the strengthening or restoring to a safe condition of
any building or structure.
Planning Districts 8 and 9 Land Use By-law
Page 24
4.16 BUILDING TO BE MOVED
No building, residential or otherwise, shall be moved within or into the area covered by
this By-law without obtaining a development permit from the Development Officer.
4.17 HEIGHT REGULATIONS
The height regulations of this By-law shall not apply to church spires, water tanks, elevator
enclosures, silos, flagpoles, television or radio antennae, telecommunication towers, space
centres, ventilators, skylights, barns, chimneys, clock towers, windmills (RC-Aug
16/11;E-Oct 29/11) or solar collectors.
4.18 WATERCOURSE SETBACKS AND BUFFERS (RC-Jun 25/14;E-Oct 18/14)
(1)
(a)
No development permit shall be issued for any development within 20
m of the ordinary highwater mark of any watercourse.
(b)
Where the average positive slopes within the 20m buffer are greater
than 20%, the buffer shall be increased by 1 metre for each additional
2% of slope, to a maximum of 60m.
(c)
Within the required buffer pursuant to clauses (a) and (b), no
excavation, infilling, tree, stump and other vegetation removal or any
alteration of any kind shall be permitted in relation to a development.
(d)
Within the required buffer pursuant to clauses (a) and (b), activity shall
be limited to the placement of one accessory structure or one attached
deck not exceeding a footprint of 20 m² or a combination of an accessory
structure and attached deck not exceeding 20 m², fences, boardwalks,
walkways and trails not exceeding 3 metres in width, wharfs, boat
ramps, marine dependent uses, fisheries uses, conservation uses, parks
on public lands, historic sites and monuments, and public road
crossings, driveway crossings and wastewater, storm and water
infrastructure, and water control structures.
(e)
Notwithstanding clause (a), the required buffer for construction and
demolition operations shall be as specified under the applicable CD
Zone.
(f)
Within the buffer required pursuant to clause (e), no excavation,
infilling, tree, stump and other vegetation removal or any alteration of
any kind shall be permitted in relation to a development.
(2)
Notwithstanding subsection (1), where an existing residential main building is
located within the required buffer, accessory structures, subject to meeting
other requirements of this by-law, shall be permitted provided they are
located no closer to the watercourse than the existing main building.
(3)
Where the configuration of any existing lot, including lots approved as a result
of completed tentative and final subdivisions applications on file prior to
August 26, 2006, is such that no main building could be located on the lot, the
buffer distance shall be reduced in a manner which would provide the greatest
possible separation from a watercourse having regard to other yard
requirements.
Planning Districts 8 and 9 Land Use By-law
Page 25
(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.
4.18A COASTAL AREAS (RC-Jun 25/14;E-Oct 18/14)
(1)
No development permit shall be issued for any dwelling on a lot abutting the
coast of the Atlantic Ocean, including its inlets, bays and harbours, within a
3.8 metre elevation above Canadian Geodetic Vertical Datum (CGVD 28).
(2)
Subsection (1) does not apply to any residential accessory structures which do
not contain (Deletion: HEMDCC-Mar 4/21;E-Mar 27/21) a backyard suite
(RC-Sep 1/20;E-Nov 7/20), marine dependant uses, open space uses, parking
lots and temporary uses permitted in accordance with this by-law.
(3)
Notwithstanding subsection (1), any existing dwelling situated less than the
required elevation may expand provided that such expansion does not further
reduce the existing elevation.
(4)
Every application for a development permit for a building or structure to be
erected pursuant to this section, shall be accompanied by plans drawn to an
appropriate scale showing the required elevations, contours and lot grading
information to determine that the proposed building or structure will meet the
requirements of this section.
4.19 REDUCED FRONTAGE ON A CURVE
Where the front lot line of any lot is a curved line, a minimum lot width which is equal to
the minimum lot frontage required by this By-law shall be required in lieu of such
minimum lot frontage. For the purpose of this section, such minimum lot width shall be
measured along a horizontal line between the side lot lines, thirty (30) feet (2.8 m) from
the front lot line.
4.20 PERMITTED ENCROACHMENTS
Every part of any yard required by this By-law shall be open and unobstructed by any
Planning Districts 8 and 9 Land Use By-law
Page 26
structure except to permit uses or encroachments subject to the following provisions:
(a)
Uncovered patios, walkways or steps may be located in any yard;
(b)
There may be erected or maintained in any yard, the usual projections of sill,
cornices, eaves, gutters, chimneys, pilasters, canopies or other architectural
features, provided that no such structure or feature shall project more than two (2)
feet (0.6 m) into any required yard;
(c)
Window bays and solar collectors may be permitted to project not more than three
(3) feet (0.9 m) from the main wall into a required front, rear or flankage yard;
(d)
Exterior staircases, balconies, porches, verandas, sun decks and solariums shall not
be permitted to project into any required yard;
(e)
The provisions of this Section shall not restrict the location of ornamental planting
or landscaping in any yard unless otherwise indicated in this By-law; and
(f)
Access ramps for the mobility disabled may be located in any yard.
4.21 YARD EXCEPTION
(a)
Where, in this By-law, a front, side or rear yard is required and part of the area of
the lot is usually covered by water or marsh or is beyond the high water mark of a
watercourse, or between the top and toe of a cliff or embankment having a slope of
fifteen (15) percent or more from the horizontal, then the required yard shall be
measured from the main wall of the main building or structure on the lot to the edge
of the said area covered by water or marsh, or to the top of the said cliff or
embankment if such area is closer than the lot lines.
(b)
Where two unit dwellings are permitted, the side yard common to both units of a
semi-detached dwelling shall not be required.
(c)
Where the proposed creation of a lot, in accordance with Section 14.4(d) of the
Subdivision By-law, entails encroachment into a required yard for an accessory
building or structure, any new lot line may be located within the required yard, but
in no case shall be located within one (1) foot (0.3 m) of the accessory building.
4.22 ILLUMINATION
No illuminated sign shall be erected or no area illuminated outside any building unless such
illumination is directed away from adjoining properties and any adjacent streets.
4.23 COMMERCIAL MOTOR VEHICLES
No more than two (2) commercial vehicles exceeding twenty eight thousand (28,000)
pounds (12 700 kg) gross vehicle weight shall be kept on a lot within any R-l, R-1A, R-2,
R-3, RB, or R-BA Zone and no such commercial vehicle shall be kept less than ten (10)
feet (3.1 m) from any front lot line.
4.24 PARKING REQUIREMENTS
(a)
For every building or structure to be erected or enlarged, off-street parking located
within the same zone as the use and having unobstructed access to a public street
or highway or private road shall be provided and maintained in conformity with the
following schedule, except where any parking requirement is specifically included
Planning Districts 8 and 9 Land Use By-law
Page 27
elsewhere in this By-law. Where the total required spaces for any use is not a whole
number, the total spaces required by this section or by other specific sections shall
be the next largest whole number.
USE
PARKING REQUIREMENT
Any dwelling except as specified
1 space per dwelling unit
below
Multiple unit dwellings
1.5 spaces per dwelling unit
Shared housing use
0 spaces
(RC-Aug 9/22;E-Sep 15/22)
Retail stores, service and personal
service shops:
(a)
exceeding 5,000 square feet
5.5 spaces per 1,000 square feet
(464.5 m2)
(92.9 m2) of gross floor area
(b)
not exceeding 5,000 square feet
3.3 spaces per 1,000 square feet
(464.5 m2)
(92.9 m2) of gross floor area
Banks, financial institutions and
3.3 spaces per 1,000 square feet
offices
(92.9 m2) of gross floor area
Motels, hotels, and short-term bedroom
1 space per sleeping unit plus requirements
rentals (RC-Feb 21/23;E-Sep 1/23)
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
10 spaces per 1,000 square feet
(92.9 sq. m.) of net floor area (HEMDCC-
Jul 23/15;E-Aug 8/15)
Restaurants - Take-Out:
(a)
exceeding 300 square
16 spaces per 1000 square feet
feet (28 m2) of gross
(92.9 m2) of gross floor area
floor area
(b)
not exceeding 300 square
5 spaces
feet (28 m2) of gross floor
area
Lounges, taverns and beverage rooms
the greater of 1 space per 3 seats of 1 space
per 100 square feet
(92.9 m2) of gross floor area
Theatres
1 space per 5 seats
Institutional uses except as
where there are fixed seats,
otherwise specified
the greater of 1 spacer per 100 square feet
(RC-Aug 9/22;E-Sep 15/22)
(9.3 m2) of gross floor area;
where there are no fixed seats the greater of 1
space per 100 square feet (9.3 m2) of gross
floor area or 1 space per 4 persons which can
be accommodated at any one time
Government offices
4.5 spaces per 1,000 square feet (92.9 m2) of
gross floor area
Schools
3 spaces per classroom plus 1 space per 20
senior high school students
Hospitals
2 spaces per bed
Day care facilities
1.5 spaces per 400 square feet (37.2 m2) of
Planning Districts 8 and 9 Land Use By-law
Page 28
USE
PARKING REQUIREMENT
gross floor area
Medical clinics and offices of any
2 spaces per consulting room
health practitioner
(RC-Aug 5/08;E-Aug 23/08)
Funeral homes
15 spaces
Warehouses, transport terminals and
the greater of 2 spaces per 1,000
general industrial uses
square feet (92.9 m2) of gross floor area or 1
space per 4 employees
Any use not specified above
3.3 spaces per 1,000 square feet
(92.9 m2) of gross floor area
(b)
Reserved Spaces for the Mobility Disabled
Notwithstanding Section 4.24(a) above, reserved parking spaces for the mobility disabled shall be
provided in addition to the required spaces in conformity with the following schedule:
USE
PARKING REQUIREMENT
Medical clinics and offices of 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 churches, fire
1 reserved parking space for the
stations and any industrial use which
mobility disabled per 15-100
does not have a retail function
parking spaces required;
1 additional space for each additional 100
required spaces or part thereof, to a maximum
of 10
(c)
Standards for Mobility Disabled Parking Spaces
(i)
each reserved parking space shall contain an area of not less than two hundred and
forty (240) square feet (22.3 m2) measuring twelve (12) feet (3.7 m) by twenty (20)
feet (6.1 m);
(ii)
where the limits of the parking lot are defined by a curb, the parking lot shall be
provided with a ramped curb as close as possible to the location which it is intended
to serve and in no case shall it be further than three hundred (300) feet (91.4 m)
from the location which it is intended to serve;
(iii)
each reserved parking space shall be located as close as possible to the location it
is intended to serve; and
(iv)
each reserved parking space shall be clearly identified by a ground sign.
Planning Districts 8 and 9 Land Use By-law
Page 29
4.25 STANDARDS FOR PARKING LOTS
Where a parking lot for more than four (4) vehicles is required or permitted, the following
shall apply:
(a)
entrance and exit ramps to the lot shall not exceed two (2) in number and each such
ramp shall be a width of twenty-five (25) feet (7.6 m) at the street line and edge of
pavement;
(b)
the width of a driveway leading to a parking lot or loading space, or of a driveway
or aisle in a parking lot, shall be a minimum width of ten (10) feet (3.1 m) if for
one-way traffic and a minimum width of twenty (20) feet (6.1 m) if for two-way
traffic, and the maximum width of a driveway shall be twenty-five (25) feet (7.6
m); and
(c)
the lot shall be within 300 feet (91.4 metres) of the location which it is intended
to serve and shall be situated in the same zone. (HEMDCC-Jul 23/15;E-Aug
8/15)
4.26 COMPOSTING OPERATIONS (MC-Feb 26/96;E-Mar 28/96)
No development permit shall be issued for a composting operation except in
compliance with the following provisions:
(a)
the use shall not be obnoxious or create a nuisance;
(b)
a composting operation shall meet the following separation distances:
(i)
from any property line
328 feet (100 m)
(ii)
from the nearest:
1.
residential dwelling
1,640 feet (500 m)
2.
community facility use
1,640 feet (500 m)
3.
commercial or industrial building
984 feet (300 m)
(iii)
from a watercourse
328 feet (100 m)
(c)
notwithstanding any other provisions of this by-law, composting operations
may occur either inside or outside of a building;
(d)
a composting operation shall not have direct access to either a local or
subdivision road, as determined by the Municipality's Engineering and Works
Department and any access road for such operations shall not occur through
lands zoned for residential use (R-1, R-1A, R-B, R-BA, R-2, R-A, and R-3
Zones).
4.27 SCHEDULE B - 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
B attached to this by-law, a development permit may be issued and the application
may be referred to the Nova Scotia Department of Communities, Culture and
Heritage, Heritage Division for any action it deems necessary with respect to the
preservation of archaeological resources in accordance with provincial requirements.
Planning Districts 8 and 9 Land Use By-law
Page 30
4.28 SCHEDULE C - WETLANDS (RC-Jun 25/14;E-Oct 18/14)
Every application for a development permit shall be accompanied by plans, drawn to
an appropriate scale, showing the location of all wetlands identified on Schedule C
attached to this by-law, within and adjacent to the lot. Notwithstanding any other
provision of this by-law, no development of any kind shall be permitted within any
such wetland.
4.29 WIND ENERGY FACILITIES (RC-Jun 25/14;E-Oct 18/14)
The use of windmills or wind turbines to produce electricity or for any other purpose
shall be regulated in accordance with the provisions of this Section.
I
DEFINITIONS
For the purposes of this Section, certain terms are defined as follows:
a)
"Habitable Building" means a dwelling unit, hospital, hotel, motel, shared
housing use (RC-Aug 9/22;E-Sep 15/22) or other building where a person lives
or which contains overnight accommodations.
b)
"Nacelle" means the frame and housing at the top of the tower that encloses
the gearbox and generator.
c)
"Nameplate Capacity" means the manufacturer's maximum rated output of
the electrical generator found in the nacelle of the wind turbine;
d)
"Total Rated Capacity" means the maximum rated output of all the electrical
generators found in the nacelles of the wind turbines used to form a wind
energy facility;
e)
"Tower Height" means the distance measured from grade at the established
grade of the tower to the highest point of the turbine rotor or tip of the turbine
blade when it reaches its highest elevation, or in the case of a roof mounted
wind turbine the distance measured from the lowest point of established grade
at the building's foundation to the highest point of the turbine rotor or tip of
the turbine blade when it reaches its highest elevation;
f)
"Turbine" means a wind energy conversion system, the purpose of which is to
produce electricity, consisting of rotor blades, associated control or conversion
electronics, and other accessory structures.
g)
"Wind Energy Facility" means a wind energy conversion system, the purpose
of which is to produce electricity, consisting of one or more roof mounted
turbines or turbine towers, with rotor blades, associated control or conversion
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
Planning Districts 8 and 9 Land Use By-law
Page 31
supported by guy wires, is not roof mounted, and the tower of which is
not more than 35 metres (115 feet) in height.
iii)
"Medium Facility" means a wind energy facility which has a total rated
capacity of more than 30 kW but not greater than 300 kW. A Medium
Facility has a stand alone design, on its own foundation, or may be
supported by guy wires, is not roof mounted, and the towers of which
are not more than 60 metres (197 feet) in height.
iv)
"Large Facility" means a wind energy facility which has a total rated
capacity of more than 300 kW. A Large Facility has a stand alone
design, on its own foundation, or may be supported by guy wires, is not
roof mounted, and the towers of which are greater than 60 metres (197
feet) in height.
II
ZONES
For the purpose of this section the following zones apply as shown on the attached
Schedule A-1 - Wind Energy Zoning. Such zones are:
(UW-1) Urban Wind Zone
(RW-2) Rural Wind Zone
(R) Restricted Zone
a)
URBAN WIND ZONE (UW-1)
i)
All Wind Energy Facilities, except Large Facilities, are permitted in the
Urban Wind Zone (UW-1).
ii)
All turbine towers in the UW-1 Zone shall have a minimum distance
between turbines equal to the height of the tallest tower.
iii)
All turbine towers in the UW-1 Zone shall be set back a minimum
distance of 1.0 times the tower height from any adjacent property
boundary,
iv)
Turbine towers of Micro Facilities in the UW-1 Zone shall be set back
a minimum distance of 3.0 times the tower height from any habitable
building on an adjacent property.
v)
Turbine towers of Small Facilities in the UW-1 Zone shall be set back
a minimum distance of 180 metres (590 feet) from any habitable
building on an adjacent property.
vi)
Turbine towers of Medium Facilities in the UW-1 Zone shall be set back
a minimum distance of 250 metres (820 feet) from any habitable
building on an adjacent property.
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.
Planning Districts 8 and 9 Land Use By-law
Page 32
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.
2)
A minimum distance of 1.0 times the tower height from any
adjacent property boundary.
c)
RESTRICTED ZONE (R)
i)
Wind Energy Facilities shall not be permitted in the Restricted Zone.
III
PERMIT APPLICATION REQUIREMENTS
All Wind Energy Facilities require a development permit. The permit application
shall contain the following:
a)
a description of the proposed Wind Energy Facility, including an overview of
the project, the proposed total rated capacity of the Wind Energy Facility;
b)
the proposed number, representative types, and height or range of heights of
wind turbines towers to be constructed, including their generating capacity,
dimensions, respective manufacturers, and a description of accessory
facilities;
c)
identification and location of the properties on which the proposed Wind
Energy Facility will be located;
d)
at the discretion of the Development Officer, a survey prepared by a Nova
Scotia Land Surveyor, a surveyor's certificate, or a site plan showing the
planned location of all wind turbines towers, property lines, setback lines,
access roads, turnout locations, substation(s), electrical cabling from the Wind
Energy Facility to the substation(s), ancillary equipment, building(s),
transmission and distribution lines. The site plan must also include the location
of all structures and land parcels, demonstrating compliance with the setbacks
and separation distance where applicable;
Planning Districts 8 and 9 Land Use By-law
Page 33
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 and,
ii)
attached to an accessory building in excess of 215 square feet and is not
connected to the power grid.
b)
A minimum of 60 days before the date a development permit application is
submitted, an applicant shall send a notice to all assessed property owners of
property that is within the following distances from the boundary of the
property upon which any Micro, Small, Medium and Large wind energy
facility is proposed:
i)
Micro
140 metres (460 ft)
ii)
Small
360 metres (1180 ft)
iii)
Medium
500 metres (1640 ft)
iv)
Large
2000 metres (6560 ft)
c)
The notice pursuant to section b) shall include the following information:
i)
a site plan that includes property boundaries and the location of the
proposed wind energy facility;
ii)
a description of the type of wind energy facility; and
iii)
the applicant's contact information which shall include a mailing
address.
V
EXCEPTIONS
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
Districts 8 & 9 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.
Planning Districts 8 and 9 Land Use By-law
Page 34
b)
All structural, electrical and mechanical components of the Wind Energy
Facility shall conform to relevant and applicable local, provincial and national
codes.
c)
All electrical wires shall, to the maximum extent possible, be placed
underground.
d)
The visual appearance of the Wind Energy Facility shall at a minimum:
i)
be a non-obtrusive colour such as white, off-white or gray;
ii)
not be artificially lit, except to the extent required by the Federal
Aviation Act or other applicable authority that regulates air safety;
and,
iii)
not display advertising (including flags, streamers or decorative items),
except for identification of the turbine manufacturer, facility owner
and operator.
VIII MISCELLANEOUS
a)
Micro Wind Facilities shall be permitted on buildings subject the
requirements in Section II a) Urban Wind Requirements and Section II b)
Rural Wind Requirements.
b)
The siting of Wind Energy Facilities is subject to the requirements for
Watercourse Setbacks and Buffers as set out in the Land Use By-law.
c)
The siting of all accessory buildings are subject to the general set back
provisions for buildings under this By-law
IX
SCHEDULES
a)
Schedule A-1 - Wind Energy Zoning
4.30 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.
4.31 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).
4.32 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;
Planning Districts 8 and 9 Land Use By-law
Page 35
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)
4.33 DEVELOPMENT AGREEMENTS FOR ADAPTIVE REUSES IN RURAL HRM
(RC-Dec 11/25;E-Feb 2/26)
Pursuant to Policy G-15B of the Halifax Regional Municipal Planning Strategy, internal
conversions of residential buildings, institutional buildings, utility buildings, or commercial
buildings for the purpose of creating residential dwelling units that are not otherwise
permitted in the Land Use By-law, may be considered by development agreement.
Planning Districts 8 and 9 Land Use By-law
Page 36
PART 5:
SIGNS
5.1
GENERAL
(a)
Where this part is inconsistent with the regulations respecting advertising signs on
or near public highways, made or administered by the Nova Scotia Department of
Transportation, the more stringent regulations shall apply.
(b)
No sign shall be erected unless all the sign provisions of this By-law are satisfied.
(c)
For the purposes of this Part, the area of a sign shall be considered to be the area of
the smallest rectangle, triangle or circle which can circumscribe the face of the sign
and, in the case of signs having more than one face, shall be the total area of all
faces.
5.1A
TEMPORARY SIGNAGE (RC-Sep 26/06;E-Nov 18/06)
(a) This By-law shall not apply to any sign regulated under HRM By-law S-800
(A By-law Respecting Requirements for the Licensing of Temporary Signs);
and
(b) Any sign provision within this By-law referring to temporary signage, as
regulated under HRM By-law S-800, is superceded.
5.2
SAFETY
Every sign and all parts thereof, including framework, supports, background, anchors and
wiring systems shall be constructed in conformity with the Building Code Act Regulations
and any fire prevention and electrical codes.
5.3
SIGNS PERMITTED IN RESIDENTIAL ZONES
The following signs shall be permitted in any R-1, R-1A, R-2, R-3, R-6, R-B, or R-BA
Zones:
(a)
Any sign which has an area of no more than four (4) square feet (0.4 m) and which
identifies the name and address of a resident;
(b)
Any sign which has an area of no more than two (2) square feet (0.2 m') and which
regulates the use of property, such as No Trespassing signs;
(c)
Any real estate sign which has an area of no more than eight (8) square feet (0.7
m);
(d)
Any sign which has an area of no more than five (5) square feet (0.5 m) and which
regulates or denotes the direction or function of various parts of a building or
premises, including parking and traffic areas;
(e)
Any sign which has an area of no more than fifty (50) square feet (4.6 m2) and
which is incidental to construction;
(f)
Any sign erected by, or under the direction of, a government body such as signs
identifying public buildings, giving public information or regulating traffic or
safety;
(g)
Any flag, insignia, notice or advertising of any charitable, religious or fraternal
organization; and
(h)
Any memorial sign, plaque or tablet.
Planning Districts 8 and 9 Land Use By-law
Page 37
5.4
COMMERCIAL SIGN RESTRICTION
Where uses are permitted as commercial, industrial or resource uses in any R-6 or C-l Zone,
the following shall apply:
(a)
there shall be no more than three (3) signs advertising any commercial, industrial
or resource uses or products on any lot; and
(b)
the area of any sign shall not be more than one hundred (100) square feet (9.3 m2).
5.5
SIGNS PROHIBITED IN ALL ZONES
The following signs shall not be permitted in any zone:
(a)
Any sign or sign structure which constitutes a hazard to public safety or health;
(b)
Any sign which, for any reason, obstructs the vision of drivers leaving a roadway
or driveway, or detracts from the visibility or effectiveness of any traffic sign or
control device on public street or highway;
(c)
Any sign which obstructs free ingress to or egress from a fire escape door, window
or other required exit;
(d)
Any sign located at or near a sharp road curve or below the crest of a hill, except a
sign erected by a government body;
(e)
Any sign which is not erected by, or under the direction of, a government body and
which makes use of words such as "STOP", "LOOK", "DANGER", "ONE WAY"
or "YIELD" or any similar words, phrases, symbols, lights or characters used in a
manner which may mislead, confuse or otherwise interfere with traffic along a
public road;
(f)
Any sign which advertises a bona fide business which no longer conducts business,
or sells a product. Such signs are deemed to be obsolete and shall be removed by
the owner or occupant of the property upon which they are erected, within sixty
(60) days of the date of discontinuance of the business or product;
(g)
Any sign painted on a tree, stone, cliff or other natural object; and
(h)
Any sign which incorporates any flashing or any sign which has any visible moving
part or mechanical movement whether achieved by natural or artificial means or
any searchlight, except for any such sign erected in any RE Zone.
5.6
PROJECTING SIGNS
Where a projecting sign is permitted in any R-1, R-1A, R-2, R-3, R-6, R-B, R-BA, C-l and
C-2 Zone, no projecting sign shall:
(a)
project over a public right of way or lot line;
(b)
be erected below a height of ten (10) feet (3.1 m); or
(c)
be permitted to swing freely on its supports.
Planning Districts 8 and 9 Land Use By-law
Page 38
5.7
GROUND SIGNS
Where a ground sign is permitted in any R-1, R-1A, R-2, R-3, R-6, R-B, R-BA, C-1 and
C-2 Zone, no ground sign shall:
(a)
extend beyond a property line or project over a public right-of-way or lot line; or
(b)
be less than ten (10) feet (3.1 m) from any street line or one (1) foot (0.3 m) from
any abutting lot line.
Planning Districts 8 and 9 Land Use By-law
Page 39
PART 6:
R-1 (SINGLE UNIT DWELLING) ZONE
6.1
R-1 USES PERMITTED
No development permit shall be issued in any R-1 (Single Unit Dwelling) Zone except for
the following:
Residential Uses
Single unit dwellings;
Shared housing use with 10 or fewer bedrooms in conjunction with a permitted
dwelling unit; (RC-Aug 9/22;E-Sep 15/22)
Day care facilities for not more than fourteen (14) children in conjunction with permitted
dwellings; and
Business uses except kennels in conjunction with permitted dwellings.
Community Uses
Open space uses; and
Shared housing with special care (RC-Aug 9/22;E-Sep 15/22)
6.2
R-l ZONE REQUIREMENTS: RESIDENTIAL USES
In any R-1 Zone where uses are permitted as Residential Uses, no development permit shall
be issued except in conformity with the following:
Minimum Lot Area
20,000 square feet (1858.1 m2)
Minimum Frontage
100 feet (30.5 m)
Minimum Front or Flankage Yard
20 feet (6.1 m)
Minimum Rear or Side Yard
8 feet (2.4 m)
Maximum Lot Coverage
35 per cent
Maximum Height of Main Building
35 feet (10.7 m)
6.3
OTHER REQUIREMENTS: BUSINESS USES
Where business uses are permitted in any R-1 Zone, the following shall apply:
(a)
Any dwelling and accessory building which is used for such purposes shall be the
principal residence of the operator of the business;
(b)
No more than twenty-five (25) per cent of the combined gross floor area of any
dwelling and accessory building shall be devoted to any business use;
(c)
No obnoxious uses shall be permitted;
(d)
No permanent open storage or outdoor display shall be permitted;
(e)
No more than one (1) sign shall be permitted for any business and no such sign
shall exceed four (4) square feet (0.4 m2) in area; and
(f)
One 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.
Planning Districts 8 and 9 Land Use By-law
Page 40
6.4
OTHER REQUIREMENTS: DAY CARE FACILITIES
Where day care facilities are permitted in any R-1 Zone, the following shall apply:
(a)
any dwelling and accessory building which is used for such purposes shall be the
principal residence of the operator of the facility;
(b)
no more than one (1) sign shall be permitted for any facility and no sign shall exceed
four (4) square feet (0.4 m2) in area; and
(c)
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 facility.
6.5
R-1 ZONE REQUIREMENTS: SHARED HOUSING WITH SPECIAL CARE (RC-
Aug 9/22;E-Sep 15/22)
In any R-1 Zone, where shared housing with special care (RC-Aug 9/22;E-Sep 15/22)
is permitted, no development permit shall be issued except in conformity with the
following:
Minimum Lot Area
30,000 square feet (2787.1 m2) and 10,000
square feet (929.0 m2) for each bedroom
(RC-Aug 9/22;E-Sep 15/22) in excess of
three (3)
Minimum Frontage
100 feet (30.5 m)
Minimum Front or Flankage Yard
30 feet (9.1 m)
Minimum Rear or Side Yard
½ height of the main building
Maximum Lot Coverage
35 per cent
Maximum Height of Main Building
35 feet (10.7 m)
6.6
R-1 ZONE REQUIREMENTS: OPEN SPACE USES
In any R-1 Zone where uses are permitted as Open Space Uses, no development permit
shall be issued except in conformity with the following:
Minimum Frontage or Flankage Yard
30 feet (9.1 m)
Minimum Rear or Side Yard
30 feet (9.1 m)
Planning Districts 8 and 9 Land Use By-law
Page 41
PART 7:
R-1A (AUXILIARY DWELLING UNIT) ZONE
7.1
R-1A USES PERMITTED
No development permit shall be issued in any R-1A (Auxiliary Dwelling Unit) Zone except
for the following:
Residential Uses
Single unit dwellings;
Auxiliary dwelling units;
Shared housing use with 10 or fewer bedrooms in conjunction with a permitted
dwelling unit; (RC-Aug 9/22;E-Sep 15/22)
Day care facilities for not more than fourteen (14) children in conjunction with permitted
dwellings; and
Business uses except kennels in conjunction with permitted dwellings.
Community Uses
Open space uses; and
Shared housing with special care (RC-Aug 9/22;E-Sep 15/22)
7.2
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
20,000 square feet (1858.1 m2)
Minimum Frontage
100 feet (30.5 m)
Minimum Front or Flankage Yard
20 feet (6.1 m)
Minimum Rear or Side Yard
8 feet (2.4 m)
Maximum Lot Coverage
35 per cent
Maximum Height of Main Building
35 feet (10.7 m)
7.3
OTHER REQUIREMENTS: AUXILIARY DWELLING UNITS
Where auxiliary dwelling units are permitted in any R-1A Zone, the following shall apply:
(a)
no more than forty-five (45) per cent of the gross floor area of any dwelling shall
be devoted to an auxiliary dwelling unit;
(b)
there shall be unrestricted access between the dwelling units; and
(c)
one (1) off-street parking space shall be provided for any auxiliary dwelling unit.
7.4
OTHER REQUIREMENTS: BUSINESS USES
Where business uses are permitted in any R-1A Zone, the following shall apply:
(a)
Any dwelling and accessory building which is used for such purposes shall be the
principal residence of the operator of the business;
(b)
No more than twenty-five (25) per cent of the combined gross floor area of any
Planning Districts 8 and 9 Land Use By-law
Page 42
dwelling and accessory building shall be devoted to any business use;
(c)
No obnoxious uses shall be permitted;
(d)
No permanent open storage or outdoor display shall be permitted;
(e)
No more than one (1) sign shall be permitted for any business and no such sign
shall exceed four (4) square feet (0.4 m2) in area; and
(f)
One 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.
7.5
OTHER REQUIREMENTS: DAY CARE FACILITIES
Where day care facilities are permitted in any R1-A Zone, the following shall apply:
(a)
any dwelling and accessory building which is used for such purposes shall be the
principal residence of the operator of the facility;
(b)
no more than one (1) sign shall be permitted for any facility and no sign shall exceed
four (4) square feet (0.4 m2) in area; and
(c)
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 facility.
7.6
R-1A ZONE REQUIREMENTS: SHARED HOUSING WITH SPECIAL CARE (RC-
Aug 9/22;E-Sep 15/22)
In any R-1A Zone, where shared housing with special care (RC-Aug 9/22;E-Sep 15/22)
is permitted, no development permit shall be issued except in conformity with the
following:
Minimum Lot Area
30,000 square feet (2787.1 m2) and
10,000 square feet (929.0 m2) for
each bedroom (RC-Aug 9/22;E-Sep
15/22) in excess of three (3)
Minimum Frontage
100 feet (30.5 m)
Minimum Front or Flankage Yard
30 feet (9.1 m)
Minimum Rear or Side Yard
½ height of the main building
Maximum Lot Coverage
35 per cent
Maximum Height of Main Building
35 feet (10.7 m)
7.7
R-1A ZONE REQUIREMENTS: OPEN SPACE USES
In any R-1A Zone where uses are permitted as Open Space Uses, no development permit
shall be issued except in conformity with the following:
Minimum Frontage or Flankage Yard
30 feet (9.l m)
Minimum Rear or Side Yard
30 feet (9.1 m)
Planning Districts 8 and 9 Land Use By-law
Page 43
PART 8:
R-B (RESIDENTIAL B) ZONE
8.1
R-B USES PERMITTED
No development permit shall be issued in any R-B (Residential B) Zone except for the
following:
Residential Uses
Single unit dwellings;
Shared housing use with 10 or fewer bedrooms in conjunction with a permitted
dwelling unit; (RC-Aug 9/22;E-Sep 15/22)
Day care facilities for not more than fourteen (14) children in conjunction with permitted
dwellings; and
Business uses except kennels in conjunction with permitted dwellings.
Community Uses
Open space uses; and
Shared housing with special care (RC-Aug 9/22;E-Sep 15/22)
8.2
R-B ZONE REQUIREMENTS: RESIDENTIAL USES
In any R-B Zone where uses are permitted as Residential Uses, no development permit
shall be issued except in conformity with the following:
Minimum Lot Area
20,000 square feet (1858.1 m2)
Minimum Frontage:
100 feet (30.5 m)
Minimum Front or Flankage Yard
20 feet (6.1 m)
Minimum Rear or Side Yard
8 feet (2.4 m)
Maximum Lot Coverage
35 per cent
Maximum Height of Main Building
35 feet (10.7 m)
8.3
OTHER REQUIREMENTS: RESIDENTIAL USES
Where residential uses or shared housing with special care (RC-Aug 9/22;E-Sep 15/22)
are permitted in any R-B Zone abutting any RE (Rural Enterprise) Zone, MR (Mixed
Resource) Zone, or I-2 (Salvage Yard) Zone, no dwelling or shared housing with special
care (RC-Aug 9/22;E-Sep 15/22) shall be located less than:
(a)
Twenty (20) feet (6.1 m) from any RE, MR, or I-2 Zone;
(b)
Fifty (50) feet (15.1 m) from any sawmill or other woodworking mill having a gross
floor area of less than one thousand (1,000) square feet (92.9 m2);
(c)
One hundred (100) feet (30.5 m) from any building or structure having a gross floor
area of one hundred (100) square feet (9.3 m2) or more that shelters animals;
(d)
One hundred and fifty (150) feet (45.7 m) from any sawmill or other woodworking
mill having a gross floor area of one thousand (1,000) square feet (92.9 m2) or more;
(e)
One hundred and fifty (150) feet (45.7 m) from any commercial or industrial use
covering more than fifty (50) per cent of the lot area; and
(f)
Three hundred (300) feet (91.4 m) from any intensive agricultural use, fish
processing plant, pulp mill or extractive facility.
Planning Districts 8 and 9 Land Use By-law
Page 44
8.4
OTHER REQUIREMENTS: BUSINESS USES
Where business uses are permitted in any R-B Zone, the following shall apply:
(a)
Any dwelling and accessory building which is used for such purposes shall be the
principal residence of the operator of the business;
(b)
No more than twenty-five (25) per cent of the combined gross floor area of any
dwelling and accessory building shall be devoted to any business use;
(c)
No obnoxious uses shall be permitted;
(d)
No permanent open storage or outdoor display shall be permitted;
(e)
No more than one (1) sign shall be permitted for any business and no such sign
shall exceed four (4) square feet (0.4 m2) in area; and
(f)
One 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 m) of floor area
devoted to any business.
8.5
OTHER REQUIREMENTS: DAY CARE FACILITIES
Where day care facilities are permitted in any R-B Zone, the following shall apply:
(a)
any dwelling and accessory building which is used for such purposes shall be the
principal residence of the operator of the facility;
(b)
no more than one (1) sign shall be permitted for any facility and no sign shall exceed
four (4) square feet (0.4 m2) in area; and
(c)
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 facility.
8.6
R-B ZONE REQUIREMENTS: SHARED HOUSING WITH SPECIAL CARE (RC-
Aug 9/22;E-Sep 15/22)
In any R-B Zone, where senior citizen housing is permitted, no development permit shall
be issued except in conformity with the following:
Minimum Lot Area
30,000 square feet (2787.1 m2) and 10,000
square feet (929.0 m2) for each bedroom
(RC-Aug 9/22;E-Sep 15/22) in excess of
three (3)
Minimum Frontage
100 feet (30.5 m)
Minimum Front or Flankage Yard
30 feet (9.1 m)
Minimum Rear or Side Yard
½ height of the main building
Maximum Lot Coverage
35 per cent
Maximum Height of Main Building
35 feet (10.7 m)
8.7
R-B ZONE REQUIREMENTS: OPEN SPACE USES
In any R-B Zone where uses are permitted as Open Space Uses, no development permit
shall be issued except in conformity with the following:
Planning Districts 8 and 9 Land Use By-law
Page 45
Minimum Frontage or Flankage Yard
30 feet (9.1 m)
Minimum Rear or Side Yard
30 feet (9.1 m)
8.8
FRONTAGE ON A STREET
No development permit shall be issued in an R-B Zone 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.
Planning Districts 8 and 9 Land Use By-law
Page 46
PART 9:
R-BA (AUXILIARY DWELLING UNIT) ZONE
9.1
R-BA USES PERMITTED
No development permit shall be issued in any R-BA (Auxiliary Dwelling Unit) Zone
except for the following:
Residential Uses
Single unit dwellings;
Auxiliary dwelling units;
Shared housing use with 10 or fewer bedrooms in conjunction with a permitted
dwelling unit; (RC-Aug 9/22;E-Sep 15/22)
Day care facilities for not more than fourteen (14) children in conjunction with permitted
dwellings; and
Business uses except kennels in conjunction with permitted dwellings.
Existing aqua farm operations (MDVCCC-Jul 19/00;E-Aug 6/00)
Community Uses
Open space uses; and
Shared housing with special care (RC-Aug 9/22;E-Sep 15/22)
9.2
R-BA ZONE REQUIREMENTS: RESIDENTIAL USES
In any R-BA Zone where uses are permitted as Residential Uses, no development permit
shall be issued except in conformity with the following:
Minimum Lot Area
20,000 square feet (1858.1 m2)
Minimum Frontage
100 feet (30.5 m)
Minimum Front or Flankage Yard
20 feet (6.1 m)
Minimum Rear or Side Yard
8 feet (2.4 m)
Maximum Lot Coverage
35 per cent
Maximum Height of Main Building
35 feet (10.7 m)
9.3
OTHER REQUIREMENTS: RESIDENTIAL USES
Where residential uses or shared housing with special care (RC-Aug 9/22;E-Sep 15/22)
are permitted in any R-BA Zone abutting any RE (Rural Enterprise) Zone, MR (Mixed
Resource) Zone, or I-2 (Salvage Yard) Zone, no dwelling or or shared housing with
special care (RC-Aug 9/22;E-Sep 15/22) shall be located less than:
(a)
Twenty (20) feet (6.1 m) from any RE, MR, or I-2 Zone;
(b)
Fifty (50) feet (15.1 m) from any sawmill or other woodworking mill having a gross
floor area of less than one thousand (1,000) square feet (92.9 m2);
(c)
One hundred (100) feet (30.5m) from any building or structure having a gross floor
area of one hundred (100) square (9.3 m2) or more that shelters animals.
(d)
One hundred and fifty (150) feet (45.7 m) from any sawmill or other woodworking
mill having a gross floor area of one thousand (1,000) square feet (92.9 m2) or more;
(e)
One hundred and fifty (150) feet (45.7 m) from any commercial or industrial use
Planning Districts 8 and 9 Land Use By-law
Page 47
covering more than fifty (50) per cent of the lot area; and
(f)
Three hundred (300) feet (91.4 m) from any intensive agricultural use, fish
processing plant, pulp mill or extractive facility.
9.4
OTHER REQUIREMENTS: AUXILIARY DWELLING UNITS
Where auxiliary dwelling units are permitted in any R-BA Zone, the following shall apply:
(a)
no more than thirty-five (35) per cent of the gross floor area of any dwelling shall
be devoted to an auxiliary dwelling unit;
(b)
there shall be unrestricted access between the dwelling units; and
(c)
one (1) off-street parking space shall be provided for any auxiliary dwelling unit.
9.5
OTHER REQUIREMENTS: BUSINESS USES
Where business uses are permitted in any R-BA Zone, the following shall apply:
(a)
Any dwelling which is used for such purposes shall be the principal residence of
the operator of the business;
(b)
No more than twenty-five (25) per cent of the combined gross floor area of any
dwelling and accessory building shall be devoted to any business use;
(c)
No obnoxious uses shall be permitted;
(d)
No permanent open storage or outdoor display shall be permitted;
(e)
No more than one (1) sign shall be permitted for any business and no such sign
shall exceed four 4) square feet (0.4 m2) in area; and
(f)
One 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 m ) of floor area
devoted to any business.
9.6
OTHER REQUIREMENTS: DAY CARE FACILITIES
Where day care facilities are permitted in any R-BA Zone, the following shall apply:
(a)
any dwelling and accessory building which is used for such purposes shall be the
principal residence of the operator of the facility;
(b)
no more than one (1) sign shall be permitted for any facility and no sign shall exceed
four (4) square feet (0.4 m2) in area; and
(c)
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 facility.
9.7
R-BA ZONE REQUIREMENTS: SHARED HOUSING WITH SPECIAL CARE (RC-
Aug 9/22;E-Sep 15/22)
In any R-BA Zone, where shared housing with special care (RC-Aug 9/22;E-Sep 15/22)
is permitted, no development permit shall be issued except in conformity with the
following:
Minimum Lot Area
30,000 square feet (2787.1 m2) and 10,000
square feet (929.0 m2) for each bedroom
Planning Districts 8 and 9 Land Use By-law
Page 48
(RC-Aug 9/22; E-Sep 15/22) in excess of
three (3)
Minimum Frontage
100 feet (30.5 m)
Minimum Front or Flankage Yard
30 feet (9.1 m)
Minimum Rear or Side Yard
½ height of the main building
Maximum Lot Coverage
35 per cent
Maximum Height of Main Building
35 feet (10.7 m)
9.8
R-BA ZONE REQUIREMENTS: OPEN SPACE USES
In any R-BA Zone where uses are permitted as Open Space Uses, no development permit
shall be issued except in conformity with the following:
Minimum Frontage or Flankage Yard
30 feet (9.1 m)
Minimum Rear or Side Yard
30 feet (9.1 m)
9.9
FRONTAGE ON A STREET
No development permit shall be issued in an R-BA Zone 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.
9.10
EXISTING AQUA FARM OPERATIONS (MDVCCC-Jul 19/00;E-Aug 6/00)
(g)
Notwithstanding Section 2.20 and 4.10, "Existing" means that the use was
lawfully permitted on the lot prior to the date of the first publication of the
notice of intention to rezone the lot to the R-BA Zone.
(h)
Where existing aqua farm operations are permitted within the R-BA Zone the
following shall apply:
Minimum Lot Area
20,000 square feet (1858.1 m2)
Minimum Frontage
100 feet (30.5 m)
Minimum Front or Flankage Yard
30 feet (6.1 m)
Minimum Rear or Side Yard
10 feet (2.4 m)
Maximum Lot Coverage
35 per cent
Maximum Height of Main Building
35 feet (10.7 m)
(i)
Further to Subsection 9.10(b), an aqua farm operation shall conform to the
requirements of Section 14.6 and Section 14.7, as applicable.
Planning Districts 8 and 9 Land Use By-law
Page 49
PART 10: R-2 (TWO UNIT DWELLING) ZONE
10.1
R-2 USES PERMITTED
No development permit shall be issued in any R-2 (Two Unit Dwelling) zone except for
the following:
Residential Uses
Two unit dwellings;
Single unit dwellings;
Shared housing use with 10 or fewer bedrooms in conjunction with a permitted
dwelling unit; (RC-Aug 9/22;E-Sep 15/22)
Day care facilities for not more than fourteen (14) children in conjunction with permitted
dwellings; and
Business uses except kennels in conjunction with permitted dwellings.
Community Uses
Open space uses; and
Shared housing with special care (RC-Aug 9/22;E-Sep 15/22)
10.2 R-2 ZONE REQUIREMENTS
In any R-2 Zone where uses are permitted as Residential Uses, no development permit
shall be issued except in conformity with the following:
Minimum Lot Area
30,000 square feet (2787.1 m2)
Minimum Frontage
100 feet (30.5 m)
Maximum Front or Flankage Yard
20 feet (6.1 m)
Minimum Rear or Side Yard
8 feet (2.4 m)
Minimum Lot Coverage
35 per cent
Maximum Height of Main Building
35 feet (10.7 m)
10.3 OTHER REQUIREMENTS: BUSINESS USES
Where business uses are permitted in any R-2 Zone, the following shall apply:
(a)
Any dwelling and accessory building which is used for such purposes shall be the
principal residence of the operator of the business;
(b)
No more than twenty-five (25) per cent of the gross floor area of any dwelling and
accessory building shall be devoted to any business use;
(c)
No obnoxious uses shall be permitted;
(d)
No permanent open storage or outdoor display shall be permitted;
(e)
No more than one (1) sign shall be permitted for any business and no such sign
shall exceed four (4) square feet (0.4 m2) in area; and
(f)
One 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 m') of floor area
devoted to any business.
Planning Districts 8 and 9 Land Use By-law
Page 50
10.4 OTHER REQUIREMENTS: DAY CARE FACILITIES
Where day care facilities are permitted in any R-2 Zone, the following shall apply:
(a)
any dwelling and accessory building which is used for such purposes shall be the
principal residence of the operator of the facility;
(b)
no more than one (1) sign shall be permitted for any facility and no sign shall exceed
four (4) square feet (0.4 m2) in area; and
(c)
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 facility.
10.5 R-2 ZONE REQUIREMENTS: SHARED HOUSING WITH SPECIAL CARE (RC-
Aug 9/22;E-Sep 15/22)
In any R-2 Zone where senior citizen housing is permitted, no development permit shall
be issued except in conformity with the following:
Minimum Lot Area
30,000 square feet (2787.1 m2) and 10,000
square feet (929.0 m2) for each bedroom
(RC - Aug 9/22;E-Sep 15/22) in excess
of three (3)
Minimum Frontage
100 feet (30.5 m)
Minimum Front or Flankage Yard
30 feet (9.1 m)
Minimum Rear or Side Yard
½ height of the main building
Maximum Lot Coverage
35 per cent
Maximum Height of Main Building
35 feet (10.7 m)
10.6 OTHER REQUIREMENTS: CONVERSION OF DWELLING
Notwithstanding Section 10.2, where a single unit dwelling is converted to a two unit
dwelling, the minimum lot area may not be less than twenty thousand (20,000) square feet
(1858.1 m2).
10.7 R-2 ZONE REQUIREMENTS: OPEN SPACE USES
In any R-2 Zone where uses are permitted as Open Space Uses, no development permit
shall be issued except in conformity with the following:
Minimum Frontage or Flankage Yard
30 feet (9.l m)
Minimum Rear or Side Yard
30 feet (9.1 m)
Planning Districts 8 and 9 Land Use By-law
Page 51
PART 11: R-A (RESIDENTIAL A) ZONE
11.1 R-A USES PERMITTED
No development permit shall be issued in any R-A (Residential A) Zone except for the
following:
Residential Uses
Single unit dwellings;
Two unit dwellings;
Shared housing use; (RC-Aug 9/22;E-Sep 15/22)
Day care facilities for not more than fourteen (14) children in conjunction with permitted
dwellings; and
Business uses except kennels in conjunction with permitted dwellings.
Resource Uses
Agricultural uses;
Fishery uses except fish and fish waste processing plants; and
Forestry uses except sawmills and other woodworking mills over one thousand (1,000)
square feet (92.9 m2) of gross floor area.
Community Uses
Open space uses; and
Institutional uses.
11.2 R-A ZONE REQUIREMENTS: RESIDENTIAL AND INSTITUTIONAL USES
In any R-A Zone where uses are permitted as Residential and Institutional Uses, no
development permit shall be issued except in conformity with the following:
Minimum Lot Area
20,000 square feet (1858.1 m2)
Minimum Frontage
100 feet (30.5 m)
Minimum Front or Flankage Yard
20 feet (6.1 m)
Minimum Rear Yard or Side Yard
8 feet (2.4 m)
Maximum Lot Coverage
50 per cent
Maximum Height of Main Building
35 feet (10.7 m)
11.3 OTHER REQUIREMENTS: RESIDENTIAL USES
Where residential uses are permitted in any R-A Zone abutting any RE (Rural Enterprise)
Zone, MR (Mixed Resource) Zone, or I-2 (Salvage Yard) Zone no dwelling shall be located
less than:
(a)
Twenty (20) feet (6.1 m) from any RE, MR, or I-2 Zone;
(b)
Fifty (50) feet (15.1 m) from any sawmill or other woodworking mill having a gross
floor area of less than one thousand (1,000) square feet (92.9 m2);
(c)
One hundred (100) feet (30.5 m) from any building or structure having a gross floor
area of more than one hundred (100) square feet (9.3 m2) that shelters animals;
Planning Districts 8 and 9 Land Use By-law
Page 52
(d)
One hundred and fifty (150) feet (45.7 m) fran any sawmill or other woodworking
mill having a gross floor area of one thousand (1,000) square feet (92.9 m2) or more;
(e)
One hundred and fifty (150) feet (45.7 m) from any commercial or industrial use
covering more than fifty (50) per cent of the lot area; and
(f)
Three hundred (300) feet (91.4 m) from any intensive agricultural use, fish
processing plant, pulp mill or extractive facility.
11.4 OTHER REQUIREMENTS: BUSINESS USES
Where business uses are permitted in any R-A Zone, the following shall apply:
(a)
Any dwelling and accessory building which is used for such purposes shall be the
principal residence of the operator of the business;
(b)
No more than fifty (50) per cent of the combined gross floor area of any dwelling
and accessory structures shall be devoted to any business use;
(c)
No obnoxious use shall be permitted;
(d)
No permanent open storage or outdoor display shall be permitted.
(e)
No more than (1) sign shall be permitted for any business and no such sign shall
exceed eight (8) square feet (0.7 m2) in area; and
(f)
One (1) off-street parking space, other than that required for the dwelling, shall be
provided for every two hundred and fifty (250) square feet (23.2 m2) of floor area
devoted to any business.
11.5 OTHER REQUIREMENTS: DAY CARE FACILITIES
Where day care facilities are permitted in any R-A Zone, the following shall apply:
(a)
any dwelling and accessory building which is used for such purposes shall be the
principal residence of the operator of the facility;
(b)
no more than one (1) sign shall be permitted for any facility and no sign shall exceed
eight (8) square feet (0.7 m2) in area; and
(c)
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 facility.
11.6 R-A ZONE REQUIREMENTS: SENIOR CITIZEN HOUSING (Deleted: RC-Aug
9/22;E-Sep 15/22)
11.7 R-A ZONE REQUIREMENTS: AGRICULTURAL AND FORESTRY USES
In any R-A Zone where buildings or structures except greenhouses and smokehouses are
permitted as agricultural and forestry uses, no development permit shall be issued except
in conformity with the following:
Minimum Lot Area
2 acres (0.8 ha)
Minimum Lot Frontage
100 feet (30.5 m)
Minimum Front or Flankage Yard
30 feet (9.1 m)
Minimum Rear Yard or Side Yard
50 feet (15.2 m)
Maximum Lot Coverage
35 per cent
Maximum Height of Main Building 35 feet (10.7 m)
Planning Districts 8 and 9 Land Use By-law
Page 53
11.8 OTHER REQUIREMENTS: AGRICULTURAL AND FORESTRY USES
Where agricultural and forestry uses except greenhouses and smokehouses are permitted
in any R-A Zone, the following shall apply:
(a)
No building or other structure intended for the sheltering of animals and no sawmill
or other woodworking mill shall be located less than:
(i)
one hundred (100) feet (30.5 m) from any dwelling except a dwelling located
on the same lot; and
(ii)
three hundred (300) feet (91.4 m) from any watercourse or well except a well
located on the same lot.
(b)
Notwithstanding Section 11.8(a)(ii) above, where a proposed sawmill or other
woodworking mill on an existing lot cannot meet the separation requirements, the
minimum separation distance may be less than three hundred (300) feet (91.4 m)
but shall not be less than one hundred and fifty (150) feet (45.7 m).
11.9 R-A ZONE REQUIREMENTS: OPEN SPACE USES
In any R-A Zone where uses are permitted as Open Space Uses, no development permit
shall be issued except in conformity with the following:
Minimum Frontage or Flankage Yard
30 feet (9.1 m)
Minimum Rear or Side Yard
30 feet (9.1 m)
Planning Districts 8 and 9 Land Use By-law
Page 54
PART 12: R-3 (MOBILE DWELLING SUBDIVISION) ZONE
12.1 R-3 USES PERMITTED
No development permit shall be issued in any R-3 (Mobile Dwelling Subdivision) Zone
except for the following:
Residential Uses
Single unit dwellings;
Shared housing use with 10 or fewer bedrooms in conjunction with a permitted
dwelling unit; (RC-Aug 9/22;E-Sep 15/22)
Day care facilities for not more than fourteen (14) children in conjunction with permitted
dwellings; and
Business uses except kennels in conjunction with permitted dwellings.
Community Uses
Open space uses; and
Shared housing with special care (RC-Aug 9/22;E-Sep 15/22)
12.2 R-3 ZONE REQUIREMENTS: RESIDENTIAL USES
In any R-3 Zone where uses are permitted as Residential Uses, no development permit
shall be issued except in conformity with the following:
Minimum Lot Area:
20,000 square feet (1858.1 m2)
Minimum Frontage:
100 feet (30.5 m)
Minimum Front or Flankage Yard
20 feet (6.1 m)
Minimum Rear or Side Yard
8 feet (2.4 m)
Maximum Lot Coverage
35 per cent
Maximum Height of Main Building
35 feet (10.7 m)
12.3 OTHER REQUIREMENTS: BUSINESS USES
Where business uses are permitted in any R-3 Zone, the following shall apply:
(a)
Any dwelling and accessory building which is used for such purposes shall be the
principal residence of the operator of the business;
(b)
No more than twenty five (25) per cent of the gross floor area of any dwelling and
accessory building shall be devoted to any business use;
(c)
No obnoxious uses shall be permitted;
(d)
No permanent open storage or outdoor display shall be permitted;
(e)
No more than one (1) sign shall be permitted for any business and no such sign
shall exceed four (4) square feet (0.4 m2) in area; and
(f)
One (1) off-street parking space, other than that required for the dwelling, shall be
provided for every one hundred and fifty (150) square feet (13.9 m2) of floor area
devoted to any business.
Planning Districts 8 and 9 Land Use By-law
Page 55
12.4 OTHER REQUIREMENTS: DAY CARE FACILITIES
Where day care facilities are permitted in any R-3 Zone, the following shall apply:
(a)
any dwelling and accessory building which is used for such purposes shall be the
principal residence of the operator of the facility;
(b)
no more than one (1) sign shall be permitted for any facility and no sign shall exceed
four (4) square feet (0.4 m2) in area; and
(c)
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 facility.
12.5 R-3 ZONE REQUIREMENTS: SHARED HOUSING WITH SPECIAL CARE (RC-
Aug 9/22;E-Sep 15/22)
In any R-3 Zone where shared housing with special care (RC-Aug 9/22;E-Sep 15/22) is
permitted, no development permit shall be issued except in conformity with the following:
Minimum Lot Area
30,000 square feet (2787.1 m2) and 10,000
square feet (929.0 m2) for each bedroom
(RC-Aug 9/22;E-Sep 15/22) in excess of
three (3)
Minimum Frontage
100 feet (30.5 m)
Minimum Front or Flankage Yard
30 feet (9.1 m)
Minimum Rear or Side Yard
½ height of the main building
Maximum Lot Coverage
35 per cent
Maximum Height of Main Building
35 feet (10.7 m)
12.6 R-3 ZONE REQUIREMENTS: OPEN SPACE USES
In any R-3 Zone where uses are permitted as Open Space Uses, no development permit
shall be issued except in conformity with the following:
Minimum Frontage or Flankage Yard
30 feet (9.l m)
Minimum Rear or Side Yard
30 feet (9.1 m)
Planning Districts 8 and 9 Land Use By-law
Page 56
PART 13: R-6 (RURAL RESIDENTIAL) ZONE
13.1 R-6 USES PERMITTED
No development permit shall be issued in any R-6 (Rural Residential) Zone except for the
following:
Residential Uses
Single unit dwellings;
Two unit dwellings;
Shared housing use; (RC-Aug 9/22;E-Sep 15/22)
Day care facilities for not more than fourteen (14) children in conjunction with permitted
dwellings; and
Business uses except kennels in conjunction with permitted dwellings.
Resource Uses
Agricultural uses;
Fishery uses except fish and fish waste processing plants; and
Forestry uses except sawmills and other woodworking mills over one thousand (1,000)
square feet (92.9 m2) of gross floor area.
Community Uses
Open space uses
13.2 R-6 ZONE REQUIREMENTS: RESIDENTIAL USES
In any R-6 Zone where uses are permitted as Residential Uses, no development permit
shall be issued except in conformity with the following:
Minimum Lot Area
50,000 square feet (4645.2 m2)
Minimum Frontage
100 feet (30.5 m)
Minimum Front or Flankage Yard
20 feet (6.1 m)
Minimum Rear Yard or Side Yard
8 feet (2.4 m)
Maximum Lot Coverage
50 per cent
Maximum Height of Main Building
35 feet (10.7 m)
13.3 OTHER REQUIREMENTS: BUSINESS USES
Where business uses are permitted in any R-6 Zone, the following shall apply:
(a)
Any dwelling which is used for such purposes shall be the principal residence of
the operator of the business;
(b)
No more than fifty (50) per cent of the combined gross floor area of any dwelling
and accessory structures shall be devoted to any business use;
(c)
No obnoxious uses shall be permitted;
(d)
No more than (1) sign shall be permitted for any business and no such sign shall
exceed eight (8) square feet (0.7 m2) in area; and
(e)
One (l) off-street parking space, other than that required for the dwelling, shall be
provided for every two hundred and fifty (250) square feet (23.2 m2) of floor area
Planning Districts 8 and 9 Land Use By-law
Page 57
devoted to any business.
13.4 OTHER REQUIREMENTS: DAY CARE FACILITIES
Where day care facilities are permitted in any R-6 Zone, the following shall apply:
(a)
any dwelling and accessory building which is used for such purposes shall be the
principal residence of the operator of the facility;
(b)
no more than one (1) sign shall be permitted for any facility and no sign shall exceed
eight (8) square feet (0.7 m2) in area; and
(c)
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 facility.
13.5 R-6 ZONE REQUIREMENTS: SENIOR CITIZEN HOUSING (Deleted: RC-Aug
9/22;E-Sep 15/22)
13.6 R-6 ZONE REQUIREMENTS: AGRICULTURAL AND FORESTRY USES
In any R-6 Zone where buildings or structures except greenhouses and smokehouses are
permitted as agricultural and forestry uses, no development permit shall be issued except
in conformity with the following:
Minimum Lot Area
3 acres (1.2 ha)
Minimum Lot Frontage
100 feet (30.5 m)
Minimum Front or Flankage Yard
30 feet (9.1 m)
Minimum Rear Yard or Side Yard
50 feet (15.2 m)
Maximum Lot Coverage
35 per cent
Maximum Height of Main Building
35 feet (10.7 m)
13.7 OTHER REQUIREMENTS: AGRICULTURAL AND FORESTRY USES
Where agricultural and forestry uses except greenhouses and smokehouses are permitted
in any R-6 Zone, the following shall apply:
(a)
No building or other structure intended for the sheltering of animals and no sawmill
or other woodworking mill shall be located less than:
(i)
one hundred (100) feet (30.5 m) from any dwelling except a dwelling located
on the same lot; and
(ii)
three hundred (300) feet (91.4 m) from any watercourse or well except a well
located on the same lot.
(b)
Notwithstanding Section 13.7(a)(ii) above, where a proposed sawmill or other
woodworking mill on an existing lot cannot meet the separation requirements, the
minimum separation distance may be less than three hundred (300) feet (91.4 m)
but shall not be less than one hundred and fifty (150) feet (45.7 m).
13.8 R-6 ZONE REQUIREMENTS: OPEN SPACE USES
In any R-6 Zone where uses are permitted as Open Space Uses, no development permit
shall be issued except in conformity with the following:
Planning Districts 8 and 9 Land Use By-law
Page 58
Minimum Frontage or Flankage Yard
30 feet (9.1 m)
Minimum Rear or Side Yard
30 feet (9.1 m)
Planning Districts 8 and 9 Land Use By-law
Page 59
PART 14: RE (RURAL ENTERPRISE) ZONE
14.1 RE USES PERMITTED
A development permit shall be issued for all uses in an RE (Rural Enterprise) Zone except
for the following:
Fish waste processing plants;
Salvage Yards;
Adult entertainment uses;
Beverage rooms and lounges over one thousand and five hundred (1,500) sq. ft. (139.4
m2); Mobile home parks; and
Any industrial or commercial use which is obnoxious
Composting operations (refer to Section 4.26) (MC-Feb 26/96;Minister-Mar 28/96)
C&D Materials Transfer Stations, C&D Materials Processing Facilities and C&D
Materials Disposal Sites (RC-Sep 10/02;E-Nov 9/02)
14.2 RE ZONE REQUIREMENTS: RESIDENTIAL USES
In any RE Zone, where uses are permitted as Residential Uses, no development permit
shall be issued except in conformity with the following:
Minimum Lot Area
20,000 square feet (1858.1 m2)
Minimum Frontage:
100 feet (30.5 m)
Minimum Front or Flankage Yard
20 feet (6.1 m)
Minimum Rear or Side Yard
8 feet (2.4 m)
Maximum Lot Coverage
35 per cent
Maximum Height of Main Building
35 feet (10.7 m)
14.3 RE ZONE REQUIREMENTS: MULTI-UNIT DWELLINGS
In any RE Zone, where multi-unit dwellings are permitted, no development permit shall
be issued except in conformity with the following:
Minimum lot area
30,000 sq.ft. (2,787.1 m2) and 10,000 sq.ft.
(929.0 m2) for each unit in excess of three (3)
Minimum frontage
100 ft. (30.5 m)
Minimum front or flankage yard
30 ft. (9.1 m)
Minimum rear or side yard
½ height of the main building
Maximum lot coverage
35 per cent
Maximum height of main building
35 ft. (10.7 m) (RC-Dec 14/21;E-Feb 05/22)
Maximum height of Multiple Unit
Dwelling with more than 4 units
3 Storeys (RC-Dec 11/25;E-Feb 2/26)
14.4 RE ZONE REQUIREMENTS: FISH AND BOAT SHEDS
Notwithstanding the provisions of Section 14.2, in any RE Zone where any fish and boat
shed is permitted, no development permit shall be issued except in conformity with the
Planning Districts 8 and 9 Land Use By-law
Page 60
following:
Minimum Front or Side Yard
4 feet (1.2 m)
Maximum Lot Coverage
50 per cent
Maximum Height of Building 25 feet (7.6 m)
14.5 RE ZONE REQUIREMENTS: OTHER USES
In any RE Zone where uses are permitted other than Residential Uses and Fish and Boat
Sheds, no development permit shall be issued except in conformity with the following:
Minimum Lot Area
20,000 square feet (1858.1 m2)
Minimum Frontage
100 feet (30.5 m)
Minimum Front or Flankage Yard
30 feet (9.1 m)
Minimum Rear or Side Yard
10 feet (3.1 m) (C-Sep 23/90;E-Oct 20/90)
Maximum Lot Coverage
50 per cent
Maximum Height of Main Building
35 feet (10.7 m)
14.6 OTHER REQUIREMENTS: COMMERCIAL AND INDUSTRIAL USES
(a)
Where any portion of any lot in any RE Zone is to be used for commercial or
industrial uses, no parking and open storage or outdoor display or sign shall be
permitted within any side or rear yard where such yard abuts any lot containing a
dwelling or any residential zone, except where a fence or other visual and physical
barrier is provided within the abutting yard;
(b)
Notwithstanding Section 14.6(a) above, where the abutting property is under the
same ownership, no fence or other visual and physical barrier shall be required
within the abutting yard.
14.7
OTHER REQUIREMENTS: NON-RESIDENTIAL USES
Where non-residential uses are permitted in any RE Zone, the following shall apply:
(a)
Minimum separation distances shall be as follows:
USE
DISTANCE IN FEET (METRES)
From any
lot line
From any
dwelling
except a
dwelling
located on the
same lot
From any
residential
zone
From any
watercourse
From any
well except a
well located
on the same
lot
Buildings and structures
sheltering animals
20 (6.1)
50 (15.1)
50 (15.1)
100 (30.5)
100. (30.5)
Intensive agricultural uses
300
(91.4)
300 (91.4)
300 (91.4)
300 (91.4)
300 (91.4)
Planning Districts 8 and 9 Land Use By-law
Page 61
Sawmills and other
woodworking mills under
1,000 sq.ft. (92.9 m2) gross
floor area
20 (6.1)
50 (15.1)
50 (15.1)
300 (91.4)
300 (91.4)
Sawmills and other
woodworking mills 1,000
sq.ft. (92.9 m2) and over
gross floor area
50 (15.2)
150 (45.7)
150 (45.7)
300 (91.4)
300 (91.4)
Extractive facilities
100
(30.5)
300 (91.4)
300 (91.4)
300 (91.4)
300 (91.4)
Fish processing plants 1,000
sq.ft. (92.9 m2) and over
gross floor area
50 (15.1)
300 (91.4)
300 (91.4)
0 (0.0)
50 (15.1)
Commercial and industrial
buildings and structures
2,000 sq.ft. (185.8 m2) and
over gross floor area
15 (4.6)
20 (6.1)
20 (6.1)
25 (7.5)
25 (7.5)
Outdoor commercial
recreation uses
Entertainment uses and
kennels
20 (6.1)
50 (15.2)
50 (15.2)
100 (30.5)
100 (30.5)
(C-Sep 24/90;E-Oct 20/90)
(b)
Notwithstanding the provisions of Section 14.7(a) above, where a sawmill or other
woodworking mill on an existing lot cannot meet the separation requirement from
a watercourse, the minimum separation distance may be less than three hundred
(300) feet (91.4 m) but shall not be less than one hundred and fifty (150) feet (45.7
m); and
(c)
Notwithstanding Section 14.7(a) above, fish and boat sheds, marinas, or any
building or structures related to the fishery or to boat building or repair may be
located within the required separation distance from a watercourse.
14.8 OTHER REQUIREMENTS: SERVICE STATIONS
Notwithstanding the provisions of Section 14.5, where any service station is erected in any
RE Zone, the following shall apply:
(a)
The minimum lot area shall be 30,000 square feet (2787.1 m2) and the minimum
frontage shall be 200 feet (61.0 m);
(b)
No portion of any pump island shall be located closer than twenty (20) feet (6.1 m)
from any street line.
(c)
The minimum distance between ramps or driveways shall not be less than 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 m).
Planning Districts 8 and 9 Land Use By-law
Page 62
(e)
The minimum angle of intersection of a ramp to a road line shall not be less than
forty-five (45) 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).
14.9 OTHER REQUIREMENTS: SECOND DWELLING ON A LOT
In addition to the requirements of Section 4.6(b), where a second dwelling is erected on a
lot in any RE Zone, the second dwelling and any accessory buildings shall be located on
the lot in accordance with all the applicable requirements of this by-law, and a plot plan,
certified by a Nova Scotia Land Surveyor, shall be submitted before a Development Permit
is issued.
14.10 RE ZONE REQUIREMENTS: OPEN SPACE USES
In any RE Zone where uses are permitted as Open Space Uses, no development permit
shall be issued except in conformity with the following:
Minimum Frontage or Flankage Yard
30 feet (9.1 m)
Minimum Rear or Side Yard
30 feet (9.1 m)
14.11 OTHER REQUIREMENTS: RECYCLING DEPOTS (C-Jul 9/90;E-Aug 4/90)
In any RE Zone, where recycling depots are permitted, no open storage related to the
operation of a recycling depot shall be permitted.
14.12 OTHER REQUIREMENTS: CANNABIS PRODUCTION FACILITIES (RC-Sep
18/18;E-Nov 3/18)
(a)
A cannabis production facility shall comply with the requirements of Section
14.5 and 14.6.
(b)
Where a lot containing a cannabis production facility abuts a lot
(i)
zoned or used for residential purposes, or
(ii)
that is used for a daycare, community centre, school, religious
institution, public park or playground, such facility, including any building or
outdoor area used as a cannabis production facility, shall be set back a
minimum 230 feet (70 metres) from the abutting lot line.
14.13 OTHER REQUIREMENTS: PID 40302507 (RC-Dec 14/21;E-Feb 05/22)
(a)
Notwithstanding the minimum lot area requirement in Section 14.3, a
development permit may be issued for a multi-unit dwelling on PID 40302507.
(b)
Notwithstanding Section 4.24, a minimum of 10 parking spaces in total are
required on PID 40302507 for a multiple unit dwelling use and a boarding and
rooming house use.
(c)
Notwithstanding Sections 4.6 and 14.9, two dwellings are permitted on PID
40302507.
Planning Districts 8 and 9 Land Use By-law
Page 63
PART 15: MR (MIXED RESOURCE) ZONE
15.1 MR USES PERMITTED
No development permit shall be issued in any MR (Mixed Resource) Zone except for the
following:
Residential Uses
Single unit dwellings;
Two unit dwellings;
Shared housing use; (RC-Aug 9/22;E-Sep 15/22)
Day care facilities for not more than fourteen (14) children in conjunction with permitted
dwellings; and
Business uses in conjunction with permitted dwellings.
Resource Uses
Agricultural uses;
Intensive agricultural uses;
Fishing Uses;
Forestry uses; and
Extractive facilities
Composting operations (refer to Section 4.26) (MC-Feb 26/96;E-Mar 28/96)
Commercial Uses
Hunting and fishing lodges;
Riding arenas; and
Kennels
Industrial Uses
Telecommunication transmission uses.
Community Uses
Open space uses.
Other Uses (RC-Sep 18/18;E-Nov 3/18)
Cannabis production facilities
15.2 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
20,000 square feet (1858.1 m2)
Minimum Frontage
100 feet (30.5 m)
Minimum Front or Flankage Yard
20 feet (6.1 m)
Minimum Rear or Side Yard
8 feet (2.4 m)
Maximum Lot Coverage
35 per cent
Maximum Height of Main Building
35 feet (10.7 m)
Planning Districts 8 and 9 Land Use By-law
Page 64
15.3 MR ZONE REQUIREMENTS: COMMERCIAL, RESOURCE AND INDUSTRIAL
USES
In any MR Zone, where uses are permitted as Commercial, Resource, and Industrial Uses,
no development permit shall be issued except in conformity with the following:
Minimum Lot Area
20,000 square feet (1858.1 m2)
Minimum Frontage
100 feet (30.5 m)
Minimum Front or Flankage Yard
30 feet (9.1 m)
Minimum Rear or Side Yard
15 feet (4.6 m)
Maximum Lot Coverage
50 per cent
Maximum Height of Main Building
35 feet (10.7 m)
15.4 MR ZONE REQUIREMENTS: FISH AND BOAT SHEDS
Notwithstanding the provisions of Section 15.3, in any MR Zone where any fish and boat
shed is permitted, no development permit shall be issued except in conformity with the
following:
Minimum Front or Side Yard
4 feet (1.2 m)
Maximum Lot Coverage 50 per cent
Maximum Height of Building 25 feet (7.6 m)
15.5 OTHER REQUIREMENTS: BUSINESS USES
Where business uses are permitted in any MR Zone, the following shall apply:
(a)
Any dwelling and accessory building which is used for such purposes shall be the
principal residence of the operator of the business;
(b)
No more than fifty (50) per cent of the combined gross floor area of any dwelling
and accessory structures shall be devoted to any business use; and
(c)
One (1) off-street parking space, other than that required for the dwelling, shall be
provided for every two hundred and fifty (250) square feet (23.2 m2) of floor area
devoted to any business.
15.6 OTHER REQUIREMENTS: DAY CARE FACILITIES
Where day care facilities are permitted in any MR Zone, the following shall apply:
(a)
any dwelling and accessory building which is used for such purposes shall be the
principal residence of the operator of the facility; and
(b)
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 facility.
15.7
OTHER REQUIREMENTS: NON-RESIDENTIAL USES
Where non-residential uses are permitted in any MR Zone, the following shall apply:
(a)
Minimum separation distances shall be as follows;
Planning Districts 8 and 9 Land Use By-law
Page 65
USE
DISTANCE IN FEET (METRES)
From any
lot line
From any
dwelling except
a dwelling
located on the
same lot
From any
residential
zone
From any
watercourse
From any
well except a
well located
on the same
lot
Buildings and structures
sheltering animals
20 (6.1)
50 (15.1)
50 (15.1)
100 (30.5)
100. (30.5)
Intensive agricultural uses
300 (91.4)
300 (91.4)
300 (91.4)
300 (91.4)
300 (91.4)
Sawmills and other
woodworking mills under
1,000 sq.ft. (92.9 m2) gross
floor area
20 (6.1)
50 (15.1)
50 (15.1)
300 (91.4)
300 (91.4)
Sawmills and other
woodworking mills 1,000
sq.ft. (92.9 m2) and over
gross floor area
50 (15.2)
150 (45.7)
150 (45.7)
300 (91.4)
300 (91.4)
Extractive facilities
100 (30.5)
300 (91.4)
300 (91.4)
300 (91.4)
300 (91.4)
Fish processing plants
1,000 sq.ft. (92.9 m2) and
over gross floor area
50 (15.1)
300 (91.4)
300 (91.4)
0 (0.0)
50 (15.1)
Commercial and industrial
buildings and structures
2,000 sq.ft. (185.8 m2) and
over gross floor area
10 (3.1)
20 (6.1)
20 (6.1)
25 (7.5)
25 (7.5)
Outdoor commercial
recreation uses
20 (6.1)
50 (15.2)
50 (15.2)
100 (30.5)
100 (30.5)
(b)
Notwithstanding the provisions of Section 15.7(a) above, where a sawmill or other
woodworking mill on an existing lot cannot meet the separation requirement from
a watercourse, the minimum separation distance may be less than three hundred
(300) feet (91.4 m) but shall not be less than one hundred and fifty (150) feet (45.7
m); and
(c)
Notwithstanding Section 15.7(a) above, fish and boat sheds or any building or
structure related to the fishery may be located within the required separation
distance from a watercourse.
15.8 OTHER REQUIREMENTS: SECOND DWELLING ON A LOT
In addition to the requirements of Section 4.5(b), where a second dwelling is erected on a
lot in any MR Zone, the second dwelling and any accessory buildings shall be located on
the lot in accordance with all applicable provisions of this By-law, and a plot plan, certified
Planning Districts 8 and 9 Land Use By-law
Page 66
by a Nova Scotia Land Surveyor shall be submitted before a Development Permit is issued.
15.9 OTHER REQUIREMENTS: COMMERCIAL USES
(a)
Where any portion of any lot in any MR Zone is to be used for commercial uses,
no parking and open storage or outdoor display or signs shall be permitted within
any side or rear yard where such yard abuts any lot containing a dwelling or any
residential zone, except where a fence or other visual and physical barrier is
provided within the abutting yard.
(b)
Notwithstanding Section 15.9(a) above, where the abutting property is under the
same ownership, no fence or other visual and physical barrier is required in the
abutting yard.
15.10 ZONE REQUIREMENTS: OPEN SPACE USES
In any MR Zone where uses are permitted as Open Space Uses, no development permit
shall be issued except in conformity with the following:
Minimum Frontage or Flankage Yard
30 feet (9.1 m)
Minimum Rear or Side Yard
30 feet (9.1 m)
15.11 OTHER REQUIREMENTS: CANNABIS PRODUCTION FACILITIES (RC-Sep
18/18;E-Nov 3/18)
(a)
A cannabis production facility shall comply with the requirements of Section
15.3.
(b)
A cannabis production facility shall not exceed 5,000 square feet (464.5 square
metres) in gross floor area.
(c)
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 8 and 9 Land Use By-law
Page 67
PART 16: C-1 (COMMUNITY COMMERCIAL) ZONE
16.1
C-1 USES PERMITTED
No development permit shall be issued in any C-1 (Community Commercial) Zone except
for the following:
Commercial Uses
Retail stores;
Rental outlets;
Service and personal service shops;
Banks and financial institutions;
Offices;
Restaurants;
Athletic and health clubs;
Outdoor display courts;
Funeral establishments;
Service stations;
Taxi and bus depots;
Greenhouses and nurseries;
Veterinary hospitals and indoor kennels; and
Recycling Depots (C-Jul 9/90;E-Aug 4/90)
Industrial Service Uses
Service industry uses;
Vehicle repair and body shops;
Trucking, excavation, landscaping and paving services;
Welding, plumbing and heating, electrical, carpentry and other trade contracting services
and shops;
Cement works services and manufacturing; and
General contracting, storage yards and services
Community Uses
Open space uses;
Institutional uses; and
Recreation uses.
Residential Uses
Single unit dwellings;
Two unit dwellings;
Single dwelling units in conjunction with permitted commercial, industrial or institutional
uses;
Shared housing use; (RC-Aug 9/22;E-Sep 15/22)
Day care facilities for not more than fourteen (14) children in conjunction with permitted
dwellings; and
Business uses except kennels in conjunction with permitted dwellings.
Planning Districts 8 and 9 Land Use By-law
Page 68
16.2 C-1 ZONE REQUIREMENTS: COMMERCIAL, INDUSTRIAL SERVICE AND
INSTITUTIONAL USES
In any C-1 Zone, where uses are permitted as Commercial, Industrial service or
Institutional Uses, no development permit shall be issued except in conformity with the
following:
Minimum Lot Area
20,000 square feet (1858.1 m2)
Minimum Frontage
100 feet (30.5 m)
Minimum Front or Flankage Yard
30 feet (9.1 m)
Minimum Rear or Side Yard
20 feet (6.1 m)
Maximum Lot Coverage
35 per cent
Maximum Height of Main Building
35 feet (10.7 m)
16.3 OTHER REQUIREMENTS: COMMERCIAL AND INDUSTRIAL SERVICE USES
Where uses are permitted as Commercial or Industrial Service Uses in any C-l Zone, the
following shall apply:
(a)
No more than two thousand square feet (185.8 m2) of any main building shall be
devoted to any commercial or industrial service use;
(b)
No building or structure shall be located more than two hundred (200) feet (61.0
m) from the front lot line;
(c)
No building or structure shall be located less than twenty-five (25) feet (7.5 m) from
any watercourse;
(d)
No portion of any lot shall be used for the collection and storage of refuse unless
the refuse containers are screened from public view; and
(e)
Access to a lot shall only be from Highway No. 7, Mineville Road, Bell Street and
Old Lake Echo Road except where access is not permitted by the provincial
Department of Transportation, and shall be by either a two lane driveway or
separate entrance and exit driveways.
16.4 C-l ZONE REQUIREMENTS: SENIOR CITIZEN HOUSING (Deleted: RC-Aug
9/22;E-Sep 15/22)
16.5 OTHER REQUIREMENTS: INSTITUTIONAL AND RECREATION USES
Where uses are permitted as Institutional Uses and Recreation Uses in any C-1 Zone the
following shall apply:
(a)
No main building or accessory building shall be located more than two hundred
(200) feet (61.0 m) from the front lot line; and
(b)
Access to a lot shall only be from Highway No. 7, Mineville Road, Bell Street and
Old Lake Echo Road except where access is not granted by the provincial
Department of Transportation and shall be by either a two lane driveway or separate
entrance and exit driveways.
16.6 OTHER REQUIREMENTS: SERVICE STATIONS
Notwithstanding the provisions of Section 16.2, where any service station is erected in any
Planning Districts 8 and 9 Land Use By-law
Page 69
C-1 Zone, the following shall apply:
(a)
The minimum lot area shall be 30,000 square feet (2787.1 m2) and the minimum
frontage shall be 200 feet (61.0 m);
(b)
No portion of any pump island shall be located closer than twenty (20) feet (6.1 m)
from any street line;
(c)
The minimum distance between ramps or driveways shall not be less than 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 not be less than
forty-five (45) degrees; and
(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).
16.7 OTHER REQUIREMENTS: OPEN STORAGE AND OUTDOOR DISPLAY
Where any portion of any lot in any C-1 Zone is to be used for open storage or outdoor
display, the following shall apply:
(a)
Any area devoted to open storage or outdoor display shall not exceed fifty (50) per
cent of the lot area;
(b)
No permanent open storage shall be permitted within any required front yard;
(c)
No outdoor display shall be located within ten (10) feet (3.1 m) of any front lot line;
and
(d)
No permanent open storage or outdoor display shall be permitted within any yard
in a C-l Zone where such yard abuts any residential zone, except where a fence or
other visual and physical barrier is provided within the abutting yard.
16.8
OTHER REQUIREMENTS: PARKING LOTS
Where parking lots are permitted in any C-1 Zone in conjunction with other uses, the
following shall apply:
(a)
Where any C-1 Zone abuts any residential zone, no portion of any parking space
within the C-1 Zone shall be permitted within ten (10) feet (3.1 m) of any side or
rear lot line; and
(b)
No portion of any parking space within any C-l Zone shall be located within ten
(10) feet (3.1 m) of any front lot line.
16.9 C-1 ZONE REQUIREMENTS: RESIDENTIAL USES
In any C-1 Zone, where uses are permitted as Residential Uses, no development permit
shall be issued except in conformity with the following:
Minimum Lot Area
20,000 square feet (1858.1 m2)
Minimum Frontage
100 feet (30.5 m)
Minimum Front or Flankage Yard
20 feet (6.1 m)
Minimum Rear or Side Yard
8 feet (2.4 m)
Maximum Lot Coverage
35 per cent
Planning Districts 8 and 9 Land Use By-law
Page 70
Maximum Height of Main Building
35 feet (10.7 m)
16.10 OTHER REQUIREMENTS: BUSINESS USES
Where business uses are permitted as residential uses in any C-1 Zone, the following shall
apply:
(a)
Any dwelling which is used for such purposes shall be the principal residence of
the operator of the business;
(b)
No more than fifty (50) per cent of the gross floor area of any dwelling and any
accessory structure shall be devoted to any business use;
(c)
No obnoxious uses shall be permitted;
(d)
No permanent open storage or outdoor display shall be permitted; and
(e)
One (l) 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;
16.11 OTHER REQUIREMENTS: DAY CARE FACILITIES
Where day care facilities are permitted in any C-1 Zone, the following shall apply:
(a)
any dwelling and accessory building which is used for such purposes shall be the
principal residence of the operator of the facility; and
(b)
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 facility.
16.12 C-1 ZONE REQUIREMENTS: OPEN SPACE USES
In any C-1 Zone, where uses are permitted as Open Space Uses, no development permit
shall be issued except in conformity with the following:
Minimum Frontage or Flankage Yard
30 feet (9.1 m)
Minimum Rear or Side Yard
30 feet (9.1 m)
16.13 OTHER REQUIREMENTS: RECYCLING DEPOTS
(C-Jul 9/90;E-Aug 4/90)
In any C-1 Zone, where recycling depots are permitted, no open storage related to
the operation of a recycling depot shall be permitted.
Planning Districts 8 and 9 Land Use By-law
Page 71
PART 17: C-2 (GENERAL BUSINESS) ZONE
17.1
C-2 USES PERMITTED
No development permit shall be issued in any C-2 (General Business) Zone except for the
following:
Commercial Uses
All commercial uses permitted in the C-1 (Community Commercial) Zone;
Shopping centres and malls;
Indoor commercial recreation facilities except video arcades;
Drive-in and take-out restaurants;
Theatres and cinemas except drive-in theatres;
Building supply outlets;
Motels, hotels and motor inns;
Automotive sales and service;
Recycling Depots (C-Jul 9/90;E-Aug 4/90); and
Short-term rentals (RC-Feb 21/23;E-Sep 1/23)
Short-term bedroom rentals (RC-Feb 21/23;E-Sep 1/23)
Light Industrial Uses
All industrial service uses permitted in the C-1 (Community Commercial) Zone;
Smokehouses;
Truck terminals;
Warehouses; and
Incubator malls.
Community Uses
Open space uses; and
Institutional uses
17.2 C-2 ZONE REQUIREMENTS
In any C-2 Zone no development permit shall be issued except in conformity with the
following:
Minimum Lot Area
20,000 square feet (1858.1 m2)
Minimum Frontage
100 feet (30.5 m)
Minimum Front or Flankage Yard
30 feet (9.1 m)
Minimum Rear or Side Yard
20 feet (4.6 m)
Maximum Lot Coverage
50 per cent
Maximum Height of Main Building
35 feet (10.7 m)
17.3 C-2 ZONE REQUIREMENTS: SENIOR CITIZEN HOUSING (Deleted: RC-Aug
9/22;E-Sep 15/22)
17.4 OTHER REQUIREMENTS: SERVICE STATIONS
Notwithstanding the provisions of Section 17.2, where any service station is erected in any
Planning Districts 8 and 9 Land Use By-law
Page 72
C-2 Zone the following shall apply:
(a)
The minimum lot area 30,000 square feet (2787.1 m2) and the minimum frontage
shall be 150 feet (45.7 m);
(b)
No portion of any pump island shall be located closer than twenty (20) feet (6.1 m)
from any street line;
(c)
The minimum distance between ramps or driveways shall not be less than 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 m);
(e)
The minimum angle of intersection of a ramp to a road line shall not be less than
forty-five (45) degrees; and
(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).
17.5 OTHER REQUIREMENTS: OPEN STORAGE AND OUTDOOR DISPLAY
Where any portion of any lot in any C-2 Zone is to be used for open storage or outdoor
display, the following shall apply:
(a)
Any area devoted to open storage or outdoor display shall not exceed fifty (50) per
cent of the lot area;
(b)
No open storage shall be permitted within any required front yard;
(c)
No outdoor display shall be located within ten (10) feet (3.1 m) of any front lot line;
and
(d)
No open storage or outdoor display shall be permitted within any yard in a C-2
Zone where such yard abuts any residential zone except where a fence or other
visual and physical barrier is provided within the abutting yard.
17.6 OTHER REQUIREMENTS: PARKING LOTS
Where parking lots are permitted in any C-2 Zone, either in conjunction with other uses or
as a separate use of land, the following shall apply:
(a)
Where any C-2 Zone abuts any residential zone, no portion of any parking space
within the C-2 Zone shall be permitted within ten (10) feet (3.1 m) of any side or
rear lot line; and
(b)
No portion of any parking space within any C-2 Zone shall be located within ten
(10) feet (3.1 m) of any front lot line.
17.7 OTHER REQUIREMENTS: ACCESS
Access to any lot in any C-2 Zone shall only be from the Mineville Road, or from any local
road designed only to serve non-residential areas.
17.8 C-2 ZONE REQUIREMENTS: OPEN SPACE USES
In any C-2 Zone, where uses are permitted as open space uses, no development permit
shall be issued except in conformity with the following:
Planning Districts 8 and 9 Land Use By-law
Page 73
Minimum Rear Yard 30 feet (9.1 m)
17.9 OTHER REQUIREMENTS: RECYCLING DEPOTS
(C-Jul 9/90;E-Aug 4/90)
In any C-2 Zone, where recycling depots are permitted, no open storage related to
the operation of a recycling depot shall be permitted.
Planning Districts 8 and 9 Land Use By-law
Page 74
PART 18: I-2 (SALVAGE YARD) ZONE
18.1 I-2 USES PERMITTED
No development permit shall be issued in any I-2 (Salvage Yard) Zone except for the
following:
Salvage yards;
Auto repair shops accessory to a salvage yard.
18.2 I-2 ZONE REQUIREMENTS
In any I-2 Zone no development permit shall be issued except in conformity with the
following:
Minimum Lot Area
80,000 square feet (7432.2 m2)
Minimum Frontage
100 feet (30.5 m)
Minimum Front or Flankage Yard
50 feet (15.2 m)
Minimum Rear or Side Yard
50 feet (15. 2 m)
Maximum Lot Coverage
75 per cent
Maximum Height of Main Building
35 feet (10.7 m)
18.3 OTHER REQUIREMENTS: SEPARATION AND SCREENING
(a)
No building or structure shall be located less than three hundred (300) feet (91.4 m)
from any existing dwelling, except a dwelling located on the same lot, or residential
zone or community facility use, or less than one hundred (100) feet (30.5 m) from
any watercourse.
(b)
No outdoor storage shall be located within any required yard or within three
hundred (300) feet (91.4 m) of a watercourse.
(c)
Any materials associated with any salvage yard or accessory auto body shop shall
be contained within a building or otherwise enclosed by a fence or other visual and
physical barrier.
18.4 OTHER REQUIREMENTS
Access to any lot in any I-2 Zone shall only be from a collector highway.
Planning Districts 8 and 9 Land Use By-law
Page 75
PART 19: I-3 (GENERAL INDUSTRY) ZONE
19.1 I-3 USES PERMITTED
No development permit shall be issued in any I-3 (General Industry) Zone except for the
following:
Industrial Uses
All industrial uses; and
Offices, research facilities and wholesale and retail uses accessory to permitted industrial
uses.
Composting operations (refer to Section 4.26) (MC-Feb 26/96;E-Mar 28/96)
Cannabis production facilities (RC-Sep 18/18;E-Nov 3/18)
19.2 I-3 ZONE REQUIREMENTS: INDUSTRIAL USES
In any I-3 Zone no development permit shall be issued except in conformity with the
following:
Minimum Lot Area: Central Services
6,000 square feet (557.4 m2)
On-Site Services
20,000 square feet (1858.1 m2)
Minimum Frontage: Central Services
60 feet (18.3 m)
On-Site Services
100 feet (30.5 m)
Minimum Front or Flankage Yard
30 feet (9.1 m)
Minimum Rear or Side Yard
15 feet (4.6 m)
Maximum Lot Coverage
70 per cent
19.3 OTHER REQUIREMENTS: INDUSTRIAL USES
(a)
Notwithstanding the provisions of Section 19.2, where uses are permitted as
industrial uses, no building or structure or outdoor storage within any I-3 Zone shall
be located less than one hundred (100) feet (30.5 m) from any existing dwelling or
residential zone or watercourse.
(b)
Where any yard within an I-3 Zone abuts any property containing an existing
dwelling or any residential zone, a fence or other visual barrier shall be provided
within the abutting yard.
19.4 OTHER REQUIREMENTS: ACCESSORY USES
Where uses are permitted as accessory to industrial uses, the proportion of the total
building or structure space which may be used for accessory uses shall not exceed fifty
(50) per cent of the gross floor area.
19.5 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
Planning Districts 8 and 9 Land Use By-law
Page 76
(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 8 and 9 Land Use By-law
Page 77
PART 20: RPK (REGIONAL PARK) ZONE (RC-Jun 25/14;E-Oct 18/14)
20.1
RPK USES PERMITTED
No development permit shall be issued in any RPK (Regional Park) Zone except for
the following:
Park Uses
Recreation uses
Conservation uses
Commercial uses accessory to a public park use
Uses accessory to the foregoing uses
20.2 RPK ZONE REQUIREMENTS
In any RPK Zone, no development permit shall be issued except in conformity with
the following:
Minimum Front or Flankage Yard:
20m
Minimum Side or Rear Yard:
20m
Maximum Lot Coverage:
50% for lots less than 4 ha in area, or
5%
for lots 4 ha or more in area
Maximum Height of Main Building
10.7 m
Planning Districts 8 and 9 Land Use By-law
Page 78
PART 21: PWS (PROTECTED WATER SUPPLY) ZONE (RC-Jun
25/14;E-Oct 18/14)
21.1
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
21.2 PWS ZONE REQUIREMENTS
In any PWS Zone, no development permit shall be issued except in conformity with
the following:
Minimum Front or Flankage Yard:
9.1m
Minimum Rear or Side Yard:
4.6m
Planning Districts 8 and 9 Land Use By-law
Page 79
PART 22: D-l (DND) ZONE
22.1 D-l USES PERMITTED
No development permit shall be issued in any D-l (DND) Zone except for the following:
DND Uses
Canadian military installation; and
Space centres.
Planning Districts 8 and 9 Land Use By-law
Page 80
PART 22A:
CD-1 (C&D MATERIALS TRANSFER STATIONS)
ZONE (RC-Sep 10/02;E-Nov 9/02)
22A.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
22A.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)
22A.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 22A.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 22A.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 8 and 9 Land Use By-law
Page 81
22A.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 22A.4(c), if the front yard area is treed, the
landscaped area is not required but all vegetation within 10 metres of the
front lot line shall be retained and maintained;
(e)
no portion of the operation shall be located within any side, rear, or front
yard setback;
(f)
no operation shall have direct access to either a local or subdivision road, as
determined by the Municipality's Traffic and Transportation Services
Division and any access road for such operations shall not occur through
lands zoned for residential (R-1, R-1A, R-2, R-3, R-B, R-BA, R-A and R-6)
or community use (P-3 and P-4); and
(g)
no portion of the operation shall be located within a 1:100 year floodplain.
22A.5
GENERAL REQUIREMENTS: SITE PLAN APPROVAL
All C&D operations are subject to approval of a site plan. The Development
Officer shall approve a site plan where the following matters have been addressed:
a)
driveway access to the site shall be located in such a manner to minimize
land use impacts on adjacent land uses;
b)
separation distances shall be provided from any structure on the site and
abutting residential or community facility properties to ensure the
development does not negatively impact upon surrounding properties;
c)
all off-street loading and unloading areas, stockpiles, processing areas, and
parking facilities shall be located on the site such that no aspect impacts
upon adjacent uses or streets and screening can be in the form of fencing,
Planning Districts 8 and 9 Land Use By-law
Page 82
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 8 and 9 Land Use By-law
Page 83
PART 22B:
CD-2 (C&D MATERIALS PROCESSING FACILITIES)
ZONE (RC-Sep 10/02;E-Nov 9/02)
22B.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
22B.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)
22B.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.
22B.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 8 and 9 Land Use By-law
Page 84
(b)
notwithstanding Section 22B.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 22B.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).
22B.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 22A.4.
(b)
notwithstanding Sections 22B.2 to 22B.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.
22B.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 22A.5
Planning Districts 8 and 9 Land Use By-law
Page 85
PART 22C:
CD-3 (C&D MATERIALS DISPOSAL SITES) ZONE
(RC-Sep 10/02;E-Nov 9/02)
22C.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
22C.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)
22C.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.
22C.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;
(a)
any building or structure used in conjunction with a disposal operation shall
meet the following separation distances:
(i)
from any property line
50 metres (164 feet)
(ii)
from the nearest residential dwelling or
Planning Districts 8 and 9 Land Use By-law
Page 86
institutional use
90 metres (295.3 feet)
(iii)
from a watercourse
60 metres (196.8 feet)
22C.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 22A.4.
(b)
Notwithstanding Sections 22C.2 to 22C.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.
22C.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 22A.5.
Planning Districts 8 and 9 Land Use By-law
Page 87
PART 22D:
ICH (INFRASTRUCTURE CHARGE HOLDING)
ZONE (RC-Jul 2/02;E-Aug 17/02)
22D.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
22D.2
ICH ZONE REQUIREMENTS
In any ICH Zone, no development permit shall be issued except in conformity with
the requirements of the RA Zone.
Planning Districts 8 and 9 Land Use By-law
Page 88
PART 22E:
PA (PROTECTED AREA) ZONE (RC-Jun 25/14;E-Oct
18/14)
22E.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
22E.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
22E.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 8 and 9 Land Use By-law
Page 89
PART 22F:
CDD (COMPREHENSIVE DEVELOPMENT
DISTRICT) ZONE (RC-Jun 25/14;E-Oct 18/14)
22F.1
CDD USES PERMITTED
No development permit shall be issued in any CDD (Comprehensive Development
District) Zone except for the following:
Residential uses
Commercial uses
Institutional uses
Recreation uses
Parking facilities and transit stations or transit stops
Existing uses
Uses accessory to the foregoing uses
22F.2
CDD REQUIREMENTS
(1)
In any CDD (Comprehensive Development District) Zone no development
permit shall be issued except in conformity with the development agreement
provisions of the Halifax Regional Municipality Charter.
(2)
Notwithstanding subsection (1), existing uses within any CDD zone shall be
considered as fully conforming uses and as such are permitted to expand,
resume operation if discontinued, or be replaced, or rebuilt if destroyed on
the lot which they occupied on the effective date of this by-law, subject to
the following requirements:
Minimum Front or Flankage Yard:
9.1m
Minimum Side Yard:
2.5m
Minimum Rear Yard:
2.5m
Maximum Lot Coverage:
35%
Maximum Height of Main Building:
11m
Planning Districts 8 and 9 Land Use By-law
Page 90
PART 23: ADMINISTRATION
23.1
ENFORCEMENT
This By-law shall be administered by the Development Officer.
23.2
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 or partly erected
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.
23.3
SIGNATURE FOR APPLICATION
The application shall be signed by the registered owner of the lot or by the owner's agent,
duly authorized in writing and shall set forth in detail the current and proposed use of
the lot and each building or structure, or part of each building or structure, together with
all information necessary to determine whether or not every such proposed use of land,
building or structure conforms with the requirements of this By-law.
23.4
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.
23.5
DATE OF BY-LAW
This By-law shall take effect when approved by the Minister of Municipal Affairs.
23.6
SCHEDULE OF FEES (C-May 28/90;E-Jun 23/90)
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 8 and 9 Land Use By-law
Page 91
Amendment to Land Use By-law
$100.00
Development Agreement
$100.00
Rezoning
$100.00
23.7
PUBLIC HEARING NOTIFICATION (Repealed: RC-Jun 20/23;E-Oct 13/23)
Planning Districts 8 and 9 Land Use By-law
Page 92
APPENDIX "A"
In accordance with Section 4.9(b) of this By-law, the following existing uses shall be permitted
to be expanded subject to the appropriate provisions of the applicable zone but shall not be
permitted to be changed to any other use other than a use permitted in the zone in which they are
located.
LRIS INDEX NUMBER
EXISTING USE
APPLICABLE ZONE
Item deleted
(C-Sep 22/90;E-Oct 20/90)
40265654
Seasonal Rental Cottages
RE (Rural
(C-Feb 25/91;E-Mar 23/91)
Enterprise)
Planning Districts 8 and 9 Land Use By-law
Page 93
Schedule A-1: Wind Energy Zoning (RC-Jun 25/14;E-Oct 18/14)
Planning Districts 8 and 9 Land Use By-law
Page 94
Schedule B:
Areas of Elevated Archaeological Potential (RC-Jun
25/14;E-Oct 18/14)
Planning Districts 8 and 9 Land Use By-law
Page 95
Schedule C:
Wetlands (RC-Jun 25/14;E-Oct 18/14)
Planning Districts 8 and 9 Land Use By-law
Page 96
PLANNING DISTRICTS 8 & 9
AMENDMENT INDEX
Amendment
Number
Policies/Maps
Subject
Council
Adoption
Effective
1
4.8 (b)
Subdivision By-
law
December 18, 1989
January 13, 1990
2
13.6
Schedule of fees
for zoning by-law
amendments,
rezonings and
development
agreements (ZA-
8&9-12-89)
May 28, 1990
June 23, 1990
3
2.50A, 14.11, 16.1, 16.13,
17.1, 17.9
Adding definition
of recycling depot
(ZA-8&9-15-90)
July 9, 1990
August 4, 1990
4
2.28A, 4.12(vi)
Adding definition
of livestock (ZA-
8&9-35-89)
August 27, 1990
September 22,
1990
5
14.5, 14.7
To correct an
error
September 23, 1990
October 20, 1990
6
Appendix "A"
Add Season
Rental Cottages to
existing uses
February 25, 1991
March 23, 1991
7
2.51A, 2.51B, 2.59C
Adding
definitions
regarding parking
requirements (ZA-
8&9-12-91)
February 10, 1992
March 7, 1992
8
23.7
Establish public
hearing
notification
procedure relative
to rezonings and
development
agreements (ZA-
8&9-11-92)
December 7, 1992
February 13,
1993
9
3.6(a)
New or expanded
community
commercial uses
in excess of 2,000
square feet (ZA-
8&9-05-93)
August 9, 1993
September 20,
1993
10
2.1, 2.2, 4.11
Add definition of
accessory
buildings and
provisions (ZA-
ALL-21-94)
June 26, 1995
July 22, 1995
11
2.11A, 4.26, 14.1, 15.1, 19.1
Permit additional
opportunities for
the establishment
of composting
operations (ZA-
ALL-31-95)
February 26, 1996
March 28, 1996
Planning Districts 8 and 9 Land Use By-law
Page 97
12
9.1, 9.10
Existing aqua
farm operations
(Case No. 00221)
July 19, 2000
August 6, 2000
13
3.1, 22D
Infrastructure
Charges (Project
No. 00423)
July 2, 2002
August 17, 2002
14
Definitions, 3.1, 14.1, 22A,
22B, 22C
Construction and
Demolition Waste
Management
Strategy (Project
No. 00082)
September 10, 2002
November 9,
2002
15
4.1A
Interim Growth
Management
(Project No.
00664)
April 13, 2004
April 22, 2004
16
Adding Schedules B & C.
Adding Definitions 2.18A &
2.50. Replacing Sec 2.64,
Adding clause 3.6 (i),
(ii),(iii)&(iv). Deleting Sec
4.1A. Replacing Sec 4.18 &
Adding Sec 4.18A, Sec 4.27 &
4.28. Replacing Part 20 & 21.
Adding Part 22E & 22F.
Regional Plan
June 27, 2006
August 26, 2006
17
Add Sec 5.1A following 5.1;
Delete Sec 2.59 replace/w new
Sec 2.59
Case 00327
RC-September 26,
2006
E-November 18,
2006
18
Amend Section 4.24 (Parking
Requirements)
Case 01119
RC - August 5,
2008
E - August 23,
2008
19
Amend Section 4.13;
Temporary Construction Uses
Permitted
Case 01058
HECC - January 20,
2009
E- February 7,
2009
20
Replace Section 2.13; Day
Care Facility
Case 01074
HECC - March 3,
2009
E - March 21,
2009
21
Amendment to Schedule A
zoning map
Case 15782
MDVCC- April 1,
2010
E - April 24 2010
22
Deleted the word "windmills"
in Section 4.17; Added
Section 4.29 Wind Energy
Facilities in Part 4: General
Provisions for All Zones;
Added Schedule A-1: Wind
Energy Zoning Map
Project No. 00953
RC - August 16,
2011
E - October 29,
2011
23
Amend Part 4, Section 29 IV
by adding b) and c) after a):
Wind Energy Facilities.
Project No. 00953
RC - October 18,
2011
E - October 29,
2011
24
Repeal/Readopt Section
2.18A, 2.50, 2.64; part of 3.1,
3.6; 4.18, 4.18A, 4.27, 4.28,
4.29; Part 20, 21, 22E, 22F;
Schedule A, A-1, B, C; Add
Section 2.9A, 2.63A; 4.30;
Amend parts of Section3.6,
4.18, 4.18A, Schedule A, A-1,
B, C.
RP+5
RC-June 25, 2014
E-October 18,
2014
Planning Districts 8 and 9 Land Use By-law
Page 98
25
Amend Section 4.24 - Parking
for Full Service Restaurants;
Add Section 4.25(c) -
Standards for Parking Lots.
Case 19399
HEMDCC-July 23,
2015
E-August 8, 2015
26
Add Section 4.4(d)
25 Acre Lots
RC - January 10,
2017
E - February 25,
2017
27
Amend several sections to add
Cannabis related uses Nov
3/18
Case 21331
RC - September 18,
2018
E - November 3,
2018
28
Amend: Schedule A by
rezoning PID: 40740276 from
RE (Rural Enterprise) to CD-2
(Construction and Demolition
Materials Processing Facility)
Case 19800
HEMDCC -
Refused April 4,
2019
Overturned by
NSURB - March
23, 2020
E - March 23,
2020
29
Add Part 2, Section 2.62.5 -
Backyard & Secondary Suite;
Part 4, Section 4.12A -
Secondary Suites and
Backyard Suites; Amend Part
4, Section 4.6 - One Dwelling
on a Lot; Part 4, Section 4.18A
- Coastal Areas
Case 21162 -
Secondary /
Backyard Suites
RC - September 1,
2020
E - November 7,
2020
30
Deleted the '.2' in Part 4,
Section 4.2 to make it 4.6(a)
and 4.6(b).
Deleted 'ing' from
'containing' in section 4.18A
(2).
Case 23274 -
Secondary
Backyard Suites
Housekeeping
Amendments
HEMDCC-March
4, 2021
E - March 27,
2021
19
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
20
Amended Part 14.3; Added
Part 14.13
Case 23856 -
Hwy 207 West
Chezzetcook and
PID: 40302507
RC - December 14,
2021
E- February 5,
2022
Planning Districts 8 and 9 Land Use By-law
Page 99
21
Amended Part 2, Definitions -
Section 2,27; Part 4, General
Provisions - Section 4.24,
4.29I(a); Part 6, R-1 Zone -
Section 6.1, 6.5; Part 7, R-1A
Zone - Section 7.1, 7.6; Part 8,
R-B Zone - Section 8.1, 8.3,
8.6; Part 9, R-BA Zone -
Section 9.1, 9.3, 9.7; Part 10,
R-2 Zone - Section 10.1, 10.5;
Part 11, R-A Zone - Section
11.1, 11.3; Part 12, R-3 Zone -
Section 12.1, 12.5; Part 13, R-
6 Zone - Section 13.1; Part 15,
MR Zone - Section 15.1; Part
16, C-1 Zone - Section 16.1,
16.5; Part 22D, ICH Zone -
Section 22D.1
Deleted Part 2, Definitions -
Section 2.8, 2.51, 2.55; Part
11, R-A Zone - Section 11.6;
Part 13, R-6 Zone - Section
13.5; Part 16, C-1 Zone -
Section 16.4; Part 17, C-2
Zone - Section 17.3
Added Part 2, Definitions -
Section 2.58A, 2.58B; Part 3,
Zones and Zoning Map -
Section 3.6(d)
Case RP16-16
(Shared Housing)
RC - August 9,
2022
E - September
15, 2022
22
Amended Clause 2.15(d);
Clause 3.6(c)(i); Section 4.30;
Section 12.1; Section 15.1
Added Section 3.8
Case 22257
(Regional Plan -
Phase 3)
RC - October 11,
2022
E - November 16,
2022
23
Amended Part 4, Section 4.24;
Part 17, Section 17.1
Added Part 2, Section 2.58C,
2.58D; Part 4, Section
4.1(d)(v), 4.1(d)(vi), 4.32
Case 24526 (Short
Term Rentals)
RC - February 21,
2023
E - September 1,
2023
24
Repealed Part 23, Section
23.7
Case 2023-002
(Public
Participation)
RC - June 20, 2023
E - October 13,
2023
21
Amended Part 4, Section
4.12(iii0(iv); Part 4 Clause
4.12A(a)(i)(v); Part 4, clause
4.12A(b)(i)(iv)(vi)(viii)
Added Part 4, Section 4.12(c);
Part 4 Clause 4.12A(a); Part 4,
Clause 4.12A(b)(ix)
Case 2023-01065
- Housing
Accelerator Fund
RC - May 23, 2024
E - June 13, 2024
22
Amended Part 2-Section 2.9,
2.29; Part 3-Section 3.6(c)(i);
Part 4-Section 4.12(a)(iv),
4.12A, 4.14, 4.29(b)(vi); Part
14-Section 14.3
Added Part 2-Section 2.38A,
2.58BA, 2.59A; Part 4-Section
4.8A, 4.12AA, 4.13(ab),
4.32(c), 4.33
MINORREV
2025-02922
(Minimum
Planning
Requirements)
RC - December 11,
2025
E - February 2,
2026