Plan Inverness — Land Use By-Law (effective September 11, 2025)
Inverness, Nova Scotia
· adopted 2025-09-11
This is the exact embedded text of the captured official document.
Snapshot ef965829555b · verified 2026-06-05 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
Municipality of the County of Inverness
Land Use Bylaw
September 11, 2025
Municipality of the County of Inverness
Land Use By-law
2025
First Reading: 2025.03.20
Second Reading: 2025.05.22
Ministerial Approval:
2025.08.22
Effective
Date:
2025.09.11
With Amendments to: N/A
Table of Contents
1
Title, Purpose, Authority, and Applicability
1
1.1
Title
1
1.2
Purpose
1
1.3
Authority
1
1.4
Applicability
1
2
Interpretation
2
2.1
Certain Words
2
2.2
Conflicts
2
2.3
Definitions
2
2.4
Units of Measurement
3
2.5
Interpretation of Zone Boundaries
3
2.6
Severability
3
3
Administration
4
3.1
Administration of Land Use By-law
4
3.2
Inspection
4
3.3
Enforcement and Penalty
4
3.4
Compliance with Other Legislation
4
3.5
Restoring to a Safe Condition
4
3.6
Effective Date
5
3.7
Existing Structures and Uses
5
4
Development Permitting
6
4.1
Development Permit
6
4.2
Development Not Requiring a Development Permit
6
4.3
No Exemption from Requirements
7
4.4
Application Requirements
7
4.5
Lot Plan Requirements
8
4.6
Additional Plan Information
9
4.7
Additional Studies and Plans
9
4.8
Variances
10
4.9
Site Plan Approval
10
4.10
Site Plan Approval Exemptions
11
4.11
Site Plan Approval Review
11
4.12
Site Plan Approval Notification
12
5
Zones and Zoning Maps
13
5.1
Zones
13
5.2
Zoning Maps
14
5.3
Zones Not on the Zoning Maps
14
6
General Provisions
15
6.1
Application of General Provisions
15
6.2
Accessory Agricultural Uses
15
6.3
Accessory Buildings and Structures
15
6.4
Accessory Uses
15
6.5
Building Height Exception
16
6.6
Building to be Moved
16
6.7
Electric Vehicle Charging - Accessory
16
6.8
Encroachment into Setbacks
16
6.9
Existing Undersized Lots
17
6.10
Flag Lots
17
6.11
Frontage on a Road
17
6.12
Home-based Businesses
19
6.13
Home Offices
21
6.14
Illumination
21
6.15
Instruction of One Student at a Time
21
6.16
Habitation of Vehicles
21
6.17
Kennels
21
6.18
Marine Industrial Uses
22
6.19
Monument and Cairn Lots
22
6.20
Multiple Main Buildings
22
6.21
Multiple Land Uses on Property
22
6.22
Non-conforming Structures
22
6.23
Non-conforming Uses
22
6.24
Self-Storage Facilities
23
6.25
Side Yard Requirement - Exception
23
6.26
Shipping Containers
23
6.27
Solar Collector Systems
23
6.28
Utilities
24
6.29
Vending Stalls for Farm, Fish, and Forestry
24
6.30
Visibility at Intersections
24
6.31
Watercourse Buffer
25
7
Wind Turbines
26
7.1
Wind Turbine Development
26
8
Parking
27
8.1
Application of Parking Requirements
27
8.2
Minimum Number of Automobile Parking Spaces
27
8.3
Location of Automobile Parking
29
8.4
Parking Exemption on Main Streets
29
8.5
Automobile Parking Area Standards
29
9
Signage
30
9.1
Signage Provisions for All Zones
30
9.2
Signs Prohibited in All Zones
30
9.3
Signs Permitted in all Zones
31
9.4
Signage Provisions for the Serviced Areas and Hamlet Areas
32
9.5
Illumination
33
10
Main Street (MS) Zone
35
10.1
Permitted Uses
35
10.2
Permitted Uses with Conditions
36
10.3
Permitted Uses by Site Plan Approval
36
10.4
Permitted Uses by Development Agreement
36
10.5
Main Street (MS) Zone Development Standards
37
10.6
Design Standards in the Main Street (MS) Zone
38
11
General Centre (GC) Zone
40
11.1
Permitted Uses
40
11.2
Permitted Uses with Conditions
41
11.3
Permitted Uses by Site Plan Approval
41
11.4
Permitted Uses by Development Agreement
42
11.5
General Centre (GC) Zone Development Standards
42
11.6
Light Industrial Uses in the General Centre (GC) Zone
42
12
Residential Centre (R) Zone
43
12.1
Permitted Uses
43
12.2
Permitted Uses with Conditions
43
12.3
Permitted Uses by Site Plan Approval
43
12.4
Permitted Uses by Development Agreement
44
12.5
Residential Centre (R) Zone Development Standards
44
13
Light Industrial Centre (MI) Zone
45
13.1
Permitted Uses
45
13.2
Permitted Uses with Conditions
46
13.3
Permitted Uses by Site Plan Approval
46
13.4
Permitted Uses by Development Agreement
47
13.5
Light Industrial Centre (MI) Zone Development Standards
47
14
Hamlet Residential (HR) Zone
48
14.1
Permitted Uses
48
14.2
Permitted Uses with Conditions
48
14.3
Permitted Uses by Site Plan Approval
49
14.4
Permitted Uses by Development Agreement
49
14.5
Hamlet Residential (HR) Zone Development Standards
49
14.6
Solar Collectors in the Hamlet Residential (HR) Zone
49
15
Hamlet Core (HC) Zone
50
15.1
Permitted Uses
50
15.2
Permitted Uses with Conditions
52
15.3
Permitted Uses by Site Plan Approval
52
15.4
Hamlet Core (HC) Zone Development Standards
52
15.5
Light Industrial Uses in the Hamlet Core (HC) Zone
53
15.6
Solar Collectors in the Hamlet Core (HC) Zone
53
16
Rural General (RG) Zone
54
16.1
Permitted Uses
54
16.2
Permitted Uses with Conditions
55
16.3
Rural General (RG) Zone Development Standards
56
16.4
Retail Stores Uses in the Rural General (RG) Zone
56
17
Rural Commercial (RC) Zone
57
17.1
Permitted Uses
57
17.2
Permitted Uses with Conditions
59
17.3
Permitted Uses by Site Plan Approval
59
17.4
Permitted Uses by Development Agreement
59
17.5
Rural Commercial (RC) Zone Development Standards
60
17.6
Light Industrial Uses in the Rural Commercial (RC) Zone
60
18
Rural Industrial (RM) Zone
61
18.1
Permitted Uses
61
18.2
Permitted Uses with Conditions
62
18.3
Permitted Uses by Site Plan Approval
62
18.4
Permitted Uses by Development Agreement
62
18.5
Rural Industrial (RM) Zone Development Standards
63
19
Agriculture Potential (AP) Zone
64
19.1
Permitted Uses
64
19.2
Permitted Uses with Conditions
65
19.3
Permitted Uses by Development Agreement
65
19.4
Agriculture Potential (AP) Zone Development Standards
65
19.5
Retail Stores Uses in the Agriculture Potential (AP) Zone
65
20
Lakeshore (RL) Zone
66
20.1
Permitted Uses
66
20.2
Permitted Uses with Conditions
66
20.3
Permitted Uses by Development Agreement
66
20.4
Lakeshore (RL) Zone Development Standards
67
21
Fishing (RF) Zone
68
21.1
Permitted Uses
68
21.2
Permitted Uses with Conditions
69
21.3
Fishing (RF) Zone Development Standards
69
22
Parks and Open Space (PO) Zone
70
22.1
Permitted Uses
70
22.2
Permitted Uses with Conditions
70
22.3
Parks and Open Space (PO) Zone Development Standards
71
22.4
Special Requirements - Take-out Restaurants
71
23
Highway Commercial (HWY) Zone
72
23.1
Permitted Uses
72
23.2
Permitted Uses with Conditions
73
23.3
Highway Commercial (HWY) Zone Development Standards
73
24
Commercial Recreation (CR) Zone
74
24.1
Permitted Uses
74
24.2
Permitted Uses with Conditions
75
24.3
Permitted Uses by Site Plan Approval
75
24.4
Permitted Uses by Development Agreement
75
24.5
Commercial Recreation (CR) Zone Development Standards
76
25
Institutional (I) Zone
77
25.1
Permitted Uses
77
25.2
Permitted Uses with Conditions
78
25.3
Permitted Uses by Development Agreement
78
25.4
Institutional (I) Zone Development Standards
78
26
Source Water Protection (WP) Zone
79
26.1
Permitted Uses
79
26.2
Permitted Uses by Site Plan Approval
79
26.3
Source Water Protection (WP) Zone Development Standards
79
27
Watershed Protection (WP-2) Zone
80
27.1
Permitted Uses
80
27.2
Permitted Uses with Conditions
81
27.3
Watershed Protection (WP-2) Zone Development Standards
81
27.4
Retail Stores Uses in the Watershed Protection (WP-2) Zone
81
28
Conservation (C) Zone
82
28.1
Permitted Uses
82
28.2
Conservation (C) Zone Development Standards
82
29
Comprehensive Development District (CDD) Zone
83
29.1
Permitted Uses
83
29.2
Permitted Uses by Development Agreement
83
30
Floodway (FW) Zone
84
30.1
Permitted Uses
84
30.2
Permanent Structures
84
30.3
No Disturbance to Bank of Watercourse
84
30.4
No Off-Site Fill
84
31
Floodway Fringe (FW-2) Indicator Zone
85
31.1
Application
85
31.2
Permitted Uses
85
31.3
Floodproofing
85
32
Site Plan Approval
87
32.1
Introduction to Approval Criteria
87
32.2
Residential Site Plan Approval
87
32.3
Automobile Shop and Drive-through Site Plan Approval
89
32.4
Campground Site Plan Approval
91
32.5
Scrap Yard Site Plan Approval
93
33
Definitions
94
34
Schedules
114
Schedule 'A' - Zoning Map
114
Schedule 'B' - Margaree River Flood Line Mapping - Final (Inland and Coastal Climate Change Flood
Extents)
114
_______
114
Appendix 'A' - Enabling Planning Application Policy Overview
115
1
1 Title, Purpose, Authority, and Applicability
1.1 Title
1.1.1
This By-law shall be known as, and may be cited as, the Land Use By-
law for the Municipality of the County of Inverness ("Municipality").
1.2 Purpose
1.2.1
The purpose of this By-law is to facilitate the sustainable, orderly,
economical, and beneficial development and use of land and buildings
within the Municipality, and for that purpose the By-law, among other
things:
(a)
divides the Municipality into zones;
(b)
prescribes and regulates for each zone the purposes for which
land and buildings may be used;
(c)
establishes standards for the dimensions of land within each
zone and the positioning of buildings upon those lands;
(d)
establishes a method of making decisions on applications for
development permits, including the issuing of development
permits; and
(e)
establishes a method for making decisions on applications for
site plan approval.
1.3 Authority
1.3.1
This By-law shall be applied in a manner consistent with the Municipal
Planning Strategy and the Municipal Government Act ("Act"), as
amended from time to time.
1.4 Applicability
1.4.1
This By-law shall apply to all lands within the Municipality, excepting
those lands subject to Secondary Municipal Planning Strategies, as
identified on Schedule 'A', the Zoning Map.
2
2
Interpretation
2.1 Certain Words
2.1.1
In this By-law:
(a)
the word "shall" means mandatory compliance;
(b)
the word "may" means discretionary compliance or a choice in
applying a policy or regulation;
(c)
words used in the plural include the singular, and words in the
singular include the plural; and
(d)
gendered words shall be interpreted to mean any gender.
2.1.2
Words not otherwise defined in this By-law shall have the meaning
assigned to them in the Act.
2.2 Conflicts
2.2.1
In the case of any conflict between the text of this By-law and any maps
or drawings used to illustrate any aspect of this By-law, the text shall
prevail.
2.2.2
Colour coding throughout this By-law and the Zoning Maps is for ease of
reference only and the text of the By-law shall take priority.
2.2.3
In case of conflict between the colour coding of the main Zoning Map for
the entire County and individual inset maps for smaller geographic areas,
the main map for the entire County shall prevail.
2.2.4
In the case of any conflict between a number written in numerals and a
number written in letters, the number written in numerals shall prevail.
2.2.5
In the case of conflict between a written zone name and a zone symbol,
the written zone name shall prevail.
2.2.6
In the case of a conflict between two requirements of this by-law, the
higher or more stringent standard shall prevail.
2.3 Definitions
2.3.1
For the purposes of this By-law, words shall have the meaning or
meanings assigned to them in Part 33 - Definitions. Where a word is not
defined in Part 33 or the Act, the word shall have the meaning or
meanings assigned by accepted Canadian English dictionaries.
3
2.4 Units of Measurement
2.4.1
This By-law uses the metric system of measurement. Numerical
measurements in this document may also be presented in other units;
however, this is for convenience only. If a metric measurement conflicts
with its conversion in another unit, the metric measurement shall take
precedence.
2.5 Interpretation of Zone Boundaries
2.5.1
Boundaries between zones shall be determined as follows:
(a)
where a zone boundary is indicated as following a survey line as
recorded at the Land Registration Office, the boundary shall
follow that line;
(b)
where a zone boundary is indicated as following a street, private
road, or controlled access highway the centerline of the street,
private road, or controlled access highway shall be the boundary
unless otherwise indicated;
(c)
where a zone boundary is indicated as following a railway or
utility right-of-way, the centreline of the right-of-way shall be the
boundary unless otherwise indicated;
(d)
where the zone boundary is indicated as approximately following
lot lines, the boundary shall follow the lot lines;
(e)
where the zone boundary is indicated as following the shoreline
of a river, watercourse, lake, or salt water body, the ordinary high
watermark shall be the boundary;
(f)
where the zone boundary is indicated as following a geographic
feature, such as a mountain ridge or wetland, the edge of the
geographic feature shall be the boundary; and
(g)
where none of the above provisions apply, the Development
Officer shall scale the zone boundary from the zoning map.
2.6 Severability
2.6.1
If any provision of this By-law is held to be invalid by a decision of a court
of competent jurisdiction, that decision shall not affect the validity of the
remaining portions of this By-law.
4
3
Administration
3.1 Administration of Land Use By-law
3.1.1
Council shall appoint one or more Development Officer(s) for the
Municipality.
3.1.2
The Development Officer shall be responsible for the administration of
this By-law.
3.2 Inspection
3.2.1
Subject to Section 267 of the Municipal Government Act, the
Development Officer or authorized agent of the Development Officer is
authorized to enter, at all reasonable times, into or upon any property
within the Municipality for the purpose of any inspections necessary to
administer this By-law.
3.3 Enforcement and Penalty
3.3.1
In the event of any contravention of the provisions of this By-law, the
Municipality may act as provided for in Section 266 of the Municipal
Government Act.
3.4 Compliance with Other Legislation
3.4.1
Nothing in this By-law shall exempt any person from complying with the
requirements of any other by-law in force within the Municipality, or from
obtaining any license, permission, permit, authority, or approval required
by any other by-law of the Municipality or statute or regulation of the
Province of Nova Scotia or the Government of Canada.
3.4.2
Where the provisions in this By-law conflict with those of any other by-law
of the Municipality or statute or regulation of the Province of Nova Scotia
or the Government of Canada, the higher or more stringent provision
shall prevail.
3.5 Restoring to a Safe Condition
3.5.1
Nothing in this By-law shall prevent the restoration of any building or
structure to a safe condition when so required by a municipal order
issued against a property.
5
3.6 Effective Date
3.6.1
Upon adoption by the Council of the Municipality of the County of
Inverness and approval by the Minister of Municipal Affairs, this By-law
shall take effect on the date a notice is published in a newspaper,
circulating in the Municipality, informing the public that the Land Use By-
law is in effect.
3.7 Existing Structures and Uses
3.7.1
A structure or use of land shall be deemed to exist on the effective date
of this By-law if:
(a)
it has lawfully been constructed;
(b)
it has lawfully commenced;
(c)
it is lawfully under construction; or
(d)
all required permits for its construction or uses were in force and
effect, except that this shall not apply unless the construction or
use is commenced within 12 months after the date of the latest
issuance of the required permits.
6
4
Development Permitting
4.1 Development Permit
4.1.1
Unless otherwise stated in this By-law, no person shall undertake a
development within the Municipality of the County of Inverness without
first obtaining a development permit from the Development Officer.
4.1.2
The Development Officer shall only issue a development permit in
conformance with this By-law and any development agreement or site
plan agreement in effect on the site, except where a variance is granted
or in the case of an existing nonconforming use or structure, in which
case a development permit shall be issued in conformance with the Act.
4.1.3
A development permit shall expire within the following time periods from
the date issued if the development has not commenced:
(a)
Two years for development in industrial zones.
(b)
One year for all other uses.
4.1.4
The Development Officer may revoke a development permit where
information provided on the application is found to be inaccurate or the
permit was issued in error.
4.1.5
The Development Officer shall, at the applicant's request and subject to
the payment of fees in conformance with the fee schedule adopted by
resolution of Council, renew a development permit for one additional year
if:
(a)
the development permit has not been renewed previously; and
(b)
the Development Officer is satisfied the development permit is
consistent with the current Land Use By-law and any proposed
amendments to the Land Use By-law for which Council has
provided public notification regarding their intent to adopt.
4.2 Development Not Requiring a Development Permit
4.2.1
The following developments shall not require a development permit:
(a)
Interior or exterior renovations or alterations to a structure that do
not result in a change in volume or gross floor area, number of
dwelling units, or a change in use of the structure.
(b)
Fences that do not exceed 1.9 metres (6.23 feet) in height or
fences within the Rural General Zone or the Agriculture Potential
Zone.
7
(c)
Signs smaller than 0.2 square metres (2.15 square feet) in sign
area, where signs are permitted.
(d)
Temporary buildings or structures erected for a period not
exceeding 60 days.
(e)
Temporary buildings or structures incidental to construction and
community events.
(f)
Public and private utilities located within the street right-of-way.
(g)
Temporary greenhouses, cloches, crop hoops, or other such
temporary crop structures.
(h)
Accessory electric vehicle charging stations.
(i)
Farm, fish, and forest stalls meeting the requirements of
Section 6.29.
(j)
Personal offices or studios meeting the requirements of
Section 6.12.
(k)
The teaching of one student at a time, meeting the requirements
of Section 6.12.
(l)
Any accessory building with a footprint of 19.97 square metres
(215 square feet) or less, provided all other requirements of this
By-law are met.
(m)
Signs permitted in all zones, as listed in Part 9.
4.2.2
For greater clarity, a building permit or other form of license may still be
required for developments that are exempt from requiring a development
permit. Applicants should inquire with the Development Officer prior to
undertaking any development.
4.2.3
Municipal infrastructure projects developed by the Municipality and to be
owned and operated by the Municipality do not require a development
permit.
4.3 No Exemption from Requirements
4.3.1
Every development shall be subject to the requirements of this By-law
whether or not a Development Permit is required.
4.4 Application Requirements
4.4.1
Every application for a development permit shall be made in writing on an
approved form and shall include:
(a)
the signature of the registered land owner(s) or their duly
authorized agent;
8
(b)
application fees in conformance with the fee schedule adopted
by resolution of Council;
(c)
a statement of the proposed use of the land; and
(d)
any other information required by this Land Use By-law.
4.4.2
In addition to 4.4.1, development involving new structures or expansion
of existing structures shall include a lot plan, as detailed in Section 4.5;
4.4.3
In addition to 4.4.1 and 4.4.2, applications for commercial or industrial
development with a footprint of 1,000 square metres (10,763.9 square
feet) or greater shall include a stormwater management plan prepared by
a Professional Engineer or Landscape Architect licensed to practice in
Nova Scotia.
4.5 Lot Plan Requirements
4.5.1
Every application for a development permit shall be accompanied by a lot
plan of the proposed development, drawn to an appropriate scale and
showing:
(a)
the true shape and dimensions of all lots to be used based on
provincial property lines, a land survey, or a location certificate;
(b)
the proposed location, height and dimensions of the building,
structure, or work for which the permit is applied;
(c)
information on the presence of any easements and their
approximate location within the subject property;
(d)
the location of every building or structure already erected on or
partly erected on such lot;
(e)
the proposed location and dimensions of parking spaces, loading
spaces, driveways, solid waste storage areas, and landscaping
areas where applicable;
(f)
the location of all watercourses on the property; and
(g)
other such information as necessary to determine whether or not
every development conforms to the requirements of this By-law.
9
4.6 Additional Plan Information
4.6.1
Where the Development Officer is unable to determine whether the
proposed development conforms to this By-law or other by-laws and
regulations in force, they may require that the plan submitted under
Section 4.5 additionally shows:
(a)
the location of every building erected upon any abutting lot;
(b)
the location of existing and proposed walkways;
(c)
the type and location of existing and proposed outdoor lighting;
(d)
the type, location and height of any existing and/or proposed
retaining walls, fences, hedges, trees, shrubs or groundcover, as
well as any retained natural vegetation;
(e)
the location and type of any amenity area or facilities provided for
users of the development; and/or,
(f)
existing and proposed service connections or on-site services.
4.7 Additional Studies and Plans
4.7.1
Where necessary to determine conformance with this Land Use By-law,
the Development Officer may require the applicant to provide additional
information at the necessary level of detail and, if necessary, prepared by
the appropriate professional at the applicant's cost. Such additional
information may include, but is not limited to:
(a)
site survey and/or location certificate prepared and stamped by a
Nova Scotia Land Surveyor;
(b)
topography and soil conditions of the subject site;
(c)
watercourse and/or wetland delineation study;
(d)
stormwater management plan;
(e)
floor plans and elevation drawings of any proposed structures;
(f)
geotechnical study;
(g)
site grading plan;
(h)
traffic impact statement, assessment, or study;
(i)
groundwater supply study;
(j)
municipal servicing study; and/or,
(k)
any other information deemed necessary by the Development
Officer.
10
4.8 Variances
4.8.1
Notwithstanding anything in this By-law, the Development Officer may
grant a variance subject to Section 235 of the Municipal Government Act.
Specifically, the Development Officer may vary:
(a)
the percentage of land that may be built upon;
(b)
the size or other requirements relating to yards;
(c)
lot frontage;
(d)
lot area;
(e)
location and number of parking spaces and loading spaces
required;
(f)
ground area of a structure;
(g)
height of a structure;
(h)
floor area occupied by a home-based business; and/or
(i)
height and area of a sign.
4.8.2
In accordance with the Municipal Government Act, the Development
Officer shall not grant a variance if:
(a)
the variance violates the intent of the Land Use By-law;
(b)
the difficulty experienced is general to properties in the area; or
(c)
the difficulty experienced results from an intentional disregard for
the requirements of this Land Use By-law.
4.9 Site Plan Approval
4.9.1
This By-law states the types of land uses that are subject to Site Plan
Approval through permitted use tables and/or lists for each zone.
4.9.2
The approval and appeal procedures for Site Plan Approval shall follow
the requirements of the Municipal Government Act.
4.9.3
All other applicable criteria of this Land Use By-law shall still apply to any
development proposed and undertaken through site plan approval,
except for the following, which may be varied by the Development
Officer:
(a)
requirements related to yards;
(b)
lot coverage; and,
(c)
minimum parking requirements.
11
4.9.4
In addition to the requirements of Sections 4.5, 4.6, and 4.7, applications
for site plan approval shall meet the following requirements:
(a)
The application shall be accompanied by a written request,
including a rationale and any necessary supporting illustrations
addressing each of the applicable criteria - to the satisfaction of
the Development Officer - outlined in Part 32.
(b)
The application shall be accompanied by a fee, in the amount
prescribed by Council, for advertising and notification costs.
4.10 Site Plan Approval Exemptions
4.10.1 Notwithstanding zone requirements for site plan approval, the following
developments shall be exempt from site plan approval, provided all other
requirements of this By-law are met:
(a)
Interior building reconfigurations.
(b)
Additions up to 25.0 square metres (269.1 square feet) of gross
floor area.
(c)
Installation, replacement, or repair of building features and
building repairs or additions that neither change the footprint of
the building nor increase parking requirements.
(d)
Accessory structures with a footprint of less than 25.0 square
metres (269.1 square feet) on a property which is not subject to a
previously approved site plan, or where accessory structures are
not indicated on a previously approved site plan.
(e)
Changes to signage on a property which is not subject to a
previously approved site plan, or where signage was not
indicated on a previously approved site plan.
(f)
Temporary uses.
4.11 Site Plan Approval Review
4.11.1 The Development Officer shall review applications for new developments
permitted by site plan approval, and amendments to existing site plan
approvals, against all applicable criteria of this Land Use By-law and the
applicable criteria in Part 32.
12
4.12 Site Plan Approval Notification
4.12.1 Where the Development Officer has granted a site plan approval,
notification of the approval shall be served upon all assessed properties
that lie within:
(a)
30.0 metres (98.42 feet) of the property subject to the site plan
approval within the Main Street (MS) Zone, the General Centre
(GC) Zone, the Residential Centre (R) Zone, the Light Industrial
Centre (MI) Zone, and the Institutional (I) Zone.
(b)
60.0 metres (196.85 feet) of the property subject to the site plan
approval in the Hamlet Residential (HR) Zone and Hamlet Core
(HC) Zone; and
(c)
100.0 metres (328.08 feet) of the property subject to the site plan
approval in any other zone.
13
5
Zones and Zoning Maps
5.1 Zones
5.1.1
For the purposes of this By-law, the Municipality is divided into the
following zones, the boundaries of which are shown on the attached
Schedule 'A'. Such zones may be referred to by the appropriate symbols:
Zone Name
Zone Symbol
Agriculture Potential Zone
AP
Commercial Recreation Zone
CR
Comprehensive Development District Zone
CDD
Conservation Zone
C
Fishing Zone
RF
General Centre Zone
GC
Hamlet Core Zone
HC
Hamlet Residential Zone
HR
Highway Commercial Zone
HWY
Institutional Zone
I
Lakeshore Zone
RL
Light Industrial Centre Zone
MI
Main Street Zone
MS
Parks and Open Space Zone
PO
Residential Centre Zone
R
Rural Commercial Zone
RC
Rural General Zone
RG
Rural Industrial Zone
RM
Source Water Protection Zone
WP
Watershed Protection Zone
WP-2
Floodway Zone
FW
Floodway Fringe Indicator Zone
FW-2
14
5.2 Zoning Maps
5.2.1
Schedule 'A' attached hereto may be cited as the "Zoning Maps".
5.2.2
The Zoning Maps form part of this By-law.
5.3 Zones Not on the Zoning Maps
5.3.1
The Zoning Maps and Overlay Zoning Maps of this By-law may be
amended, in conformance with the Municipal Planning Strategy, to utilize
any zone or overlay zone in this By-law, regardless of whether or not
such zone had previously appeared on the maps.
15
6
General Provisions
6.1 Application of General Provisions
6.1.1
The provisions of this Part shall, unless otherwise specified, apply to all
uses and zones and shall prevail over zone requirements.
6.2 Accessory Agricultural Uses
6.2.1
Where an accessory agricultural use includes the keeping of livestock,
the use may be permitted one (1) accessory structure, with a gross floor
area no greater than 20.0 square metres (215.27 square feet), for the
keeping of livestock. Please note that larger livestock structures are
possible as an "agricultural uses" land use in zones that permit that use.
6.2.2
Where an accessory agricultural use includes the keeping of livestock,
the Fences and Detention of Stray Livestock Act requires fencing
adequate to prevent the escape of livestock.
6.2.3
Any accessory structure used for an accessory agricultural use shall be
subject to the requirements of Section 6.3.
6.3 Accessory Buildings and Structures
6.3.1
Accessory buildings shall be located on the same lot as the main use.
6.3.2
The combined footprint for all accessory structures shall not exceed 40
percent of the lot area.
6.3.3
Notwithstanding the minimum rear setback for accessory buildings, boat
houses, docks, wharves, or piers may be built across the lot line when
said lot line corresponds to the water's edge.
6.3.4
Notwithstanding lot standards for accessory buildings, accessory
buildings legally existing on the date of this By-law's adoption with less
than the required setback shall be permitted to be replaced or rebuilt in
the same location provided the accessory building does not increase its
non-conformity.
6.3.5
Notwithstanding the minimum rear and side setback for accessory
buildings, accessory buildings without windows or perforations on the
side of the building facing the abutting lot line may be built 0.6 metres
(2.0 feet) from said lot line.
6.4 Accessory Uses
6.4.1
Uses accessory to a permitted use shall be permitted in all zones.
16
6.5 Building Height Exception
6.5.1
Notwithstanding building height requirements in this By-law, maximum
height requirements shall not apply to church spires, observation towers,
silos, gondolas, water tanks, elevator enclosures, flag poles, television or
radio antennae, ventilators, skylights, chimneys, clock towers, guard
rails, telecommunication towers, and other similar structures.
6.6 Building to be Moved
6.6.1
No person shall move any building onto a lot without first obtaining a
development permit from the Development Officer.
6.7 Electric Vehicle Charging - Accessory
6.7.1
Electric vehicle charging stations shall be permitted as an accessory use
in all zones and a development permit shall not be required.
6.8 Encroachment into Setbacks
6.8.1
Notwithstanding the zone standards in this By-law, the follow
encroachments into minimum required setbacks shall be permitted:
Feature
Required
Setback in which
Encroachment is
Permitted
Permitted
Encroachment
Distance
Balconies, decks (> 0.3 m [0.98 ft] high),
patios, steps, verandas, porches (open)
not exceeding one storey in height,
terraces (uncovered)
Any
To lot line
Barrier free access structures
Any
To lot line
Carports
Any
0.6 m (1.96 ft)
from lot line
Exterior insulation retrofitted to an existing
building
Any
0.3 m (0.98 ft)
Fire escapes and exterior staircases
Rear and Side
1.5 m (4.92 ft)
Sills, belt courses, cornices, eaves,
gutters, chimneys, pilasters, or similar
architectural features
Any
0.6 m (1.96 ft)
Window bays up to 3.0 metres (9.8 ft)
wide
Front, Rear, and
Flankage
1.0 m (3.28 ft)
17
6.9 Existing Undersized Lots
6.9.1
Any lot legally in existence on or before the effective date of this By-law,
or approved by the Development Officer before the effective date of this
By-law, having less than the required minimum lot frontage or area, may
be:
(a)
used for a purpose permitted in the zone on the lot and a building
may be erected on such lot, provided that all other applicable
provisions of this By-law are satisfied; and
(b)
increased in area and/or frontage as a result of an approved plan
of subdivision and still be considered an existing undersized lot
under this by-law.
6.9.2
Any lot legally created after the effective date of this By-law through a
provision of the Act that specifically exempts lots from compliance with
municipal minimum lot area or minimum lot frontage requirements or
through Sections 17,18,19 and 20 of the Subdivision By-law of the
Municipality of the County of Inverness shall be considered an existing
undersized lot.
6.10 Flag Lots
6.10.1 Where development is permitted on a flag lot, zone standards for
minimum lot area shall be satisfied within the main portion of the flag lot
and the lot area contained within the prolongation shall not count towards
satisfying that requirement.
6.11 Frontage on a Road
6.11.1 In the Agriculture Potential Zone, lot frontage shall only be counted
towards meeting the minimum requirement of the Zone if the lot fronts on
an existing private road, an existing public road, or a private road with
bona fide access for up to six lots.
6.11.2 In the Watershed Protection Zone, lot frontage shall only be counted
towards meeting the minimum requirement of the Zone if the lot fronts on
an existing private road or an existing public road.
6.11.3 In the following Zones, lot frontage shall only be counted towards
meeting the minimum requirement of the Zone if the lot fronts on a
private road or an existing public road:
(a)
Commercial Recreation Zone
(b)
Conservation Zone
(c)
Fishing Zone
(d)
Highway Commercial Zone
(e)
Institutional Zone
18
(f)
Lakeshore Zone
(g)
Parks and Open Space Zone
(h)
Rural Commercial Zone
(i)
Rural General Zone
(j)
Rural Industrial Zone
(k)
Source Water Protection Zone
6.11.4 In the following Zones, lot frontage shall only be counted towards
meeting the minimum requirement of the Zone if the lot fronts on a public
road or private road:
(a)
General Centre Zone
(b)
Main Street Zone
(c)
Residential Centre Zone
(d)
Light Industrial Centre Zone
6.11.5 In any zone of this By-law, a lot may be exempt from lot frontage
requirements if it was legally created based on Sections 17,18,19 or 20
of the Subdivision By-law of the Municipality of the County of Inverness
and such lot may be used for a purpose permitted in the zone and a
building may be erected on such lot.
19
6.12 Home-based Businesses
6.12.1 Level I home-based businesses shall meet the following requirements:
(a) Permitted Uses in any
Zone
(i) Accommodations - 1 or 2 rental
units
(ii) Animal care
(iii) Art Gallery / Studio
(iv) Business or Professional Office
(v) Commercial School - 6 or fewer
students
(vi) Craft Product Workshop
(vii) Daycare Centre
(viii) Medical Clinic
(ix) Personal Service Shop
(x) Service and Repair Shop,
excluding Small Engine Repair.
(b) Maximum number of on-
site, non-resident employees
in an MS, GC, R, HR or HC
Zone
Where the use is on a lot below
4100 square metres (1.0 acres) of lot
area, or within 100 metres (328.08
feet) of a property line:
(i)
Two (2)
Otherwise:
(ii) no limitation
(c) Maximum Floor Area of
Home-based business in an
MS, GC, R, HR or HC Zone
Where the use is on a lot below
4100 square metres (1.0 acres) of lot
area, or within 100 metres (328.08
feet) of a property line:
(i) The equivalent of 25 percent of
the gross floor area of the
dwelling unit to which it is
accessory, or 50 square metres
(538.19 square feet), whichever
is less.
Otherwise:
(ii) no limitation
(d) Outdoor Storage and
Display in any Zone
(i) Outdoor storage and display
shall not be permitted.
(e) Retail Sales in any Zone
(i) Retail sales shall be limited to
the sale of products made,
assembled, refined, or repaired
on the premises; and the sale of
goods or materials associated
with the business.
(f) Permitted Signage in any
Zone
(i) One (1) non-illuminated wall sign
not exceeding 1.0 square metres
(10.76 square feet) in sign area.
20
6.12.2 Level II home-based businesses shall meet the following requirements:
(a) Permitted Uses in any
Zone
(i) Accommodations - up to 5 rental
units
(ii) Animal care
(iii) Art Gallery / Studio
(iv) Automobile Repair Shop - 3 or
fewer automobiles at a time
(v) Business or Professional Office
(vi) Commercial School - 10 or fewer
students
(vii) Craft Product Workshop
(viii) Daycare Centre
(ix) Forestry Use
(x) Medical Clinic
(xi) Personal Service Shop
(xii) Service and Repair Shop
(xiii) Take-out Restaurant
(b) Maximum number of on-
site, non-resident employees
in an MS, GC, R, HR or HC
Zone
Where the use is on a lot below
4100 square metres (1.0 acres) of lot
area, or within 100 metres (328.08
feet) of a property line:
(i)
Three (3)
Otherwise:
(ii) no limitation
(c) Maximum Floor Area of
Home-based business in an
MS, GC, R, HR or HC Zone
Where the use is on a lot below
4100 square metres (1.0 acres) of lot
area, or within 100 metres (328.08
feet) of a property line:
(i) 150 square metres (1,614.59
square feet), but when located
within a dwelling unit, the home-
based business shall not occupy
more than 40 percent of the
gross floor area of the dwelling
unit.
Otherwise:
(ii) no limitation
(d) Outdoor Storage and
Display in any Zone
(i) The total area of outdoor storage
and outdoor display (combined)
shall not exceed the maximum
permitted floor area of the home-
based business.
(ii) Outdoor storage and outdoor
display shall not be permitted in
the front or flankage yard or in
minimum require side and rear
setbacks.
21
6.13 Home Offices
6.13.1 Nothing in this By-law shall prevent, and no development permit shall be
required for, the use of a portion of any dwelling or building accessory to
a dwelling as a personal office or studio for residents of the dwelling if the
personal office or studio is not intended to be visited by members of the
public.
6.14 Illumination
6.14.1 Exterior lighting on any lot shall be directed away from, and shall not
cause glare on, adjoining properties or adjacent streets.
6.15 Instruction of One Student at a Time
6.15.1 Nothing in this By-law shall prevent, and no development permit shall be
required for, the use of a portion of any dwelling or building accessory to
a dwelling for the instruction of one student at a time.
6.16 Habitation of Vehicles
6.16.1 Trucks, trailers, buses or coach bodies, or similar structures shall not be
used for human habitation.
6.16.2 Where a lot contains one or more lawfully erected building(s) connected
to municipal wastewater collection or a lawfully installed septic disposal
system, up to three recreational vehicles may be located and used on the
same lot as an accessory use to the main building(s).
6.17 Kennels
6.17.1 Notwithstanding minimum lot area and minimum side and rear yard
setback requirements, kennels, where permitted, shall be subject to the
following requirements:
(a)
Kennel uses shall have a minimum lot area of 10,000 square
metres (107,639.1 square feet).
(b)
Side and rear yard setbacks shall be a minimum of 15.24 metres
(50.0 feet).
(e) Retail Sales in any Zone
(i) Retail sales shall be limited to
the sale of products made,
assembled, refined, or repaired
on the premises; and the sale of
goods or materials associated
with the business
(f) Permitted Signage in any
Zone
(i) One (1) non-illuminated wall sign
not exceeding 1.0 square metres
(10.76 square feet) in sign area.
22
6.18 Marine Industrial Uses
6.18.1 Notwithstanding the provisions of this By-law, the storage of equipment
associated with a marine industrial use shall be permitted as an
accessory use in all zones.
6.19 Monument and Cairn Lots
6.19.1 Notwithstanding the lot area requirements of this By-law, the
Development Officer may approve a lot on a plan of subdivision which:
(a)
does not contain an on-site sewage disposal system or any part
thereof; and,
(b)
has a maximum area of 465 square metres (5005.3 square feet).
6.20 Multiple Main Buildings
6.20.1 Unless otherwise prohibited in this By-law, any number of main buildings
may be located on the same lot, subject to applicable zone requirements.
6.21 Multiple Land Uses on Property
6.21.1 In any zone, where any land or building is used for more than one
purpose, all the provisions of this By-law relating to each use shall be
satisfied. Where there is a conflict, such as in the case of lot area or lot
frontage, the higher or more stringent standard shall prevail.
6.22 Non-conforming Structures
6.22.1 Notwithstanding lot area, lot frontage, and minimum setback
requirements of this By-law, the use of a non-conforming structure may
be changed to any other use permitted in that zone, provided all other
requirements of this By-law are met.
6.22.2 Non-conforming structures may be replaced, reconstructed, enlarged,
renovated, and/or repaired, provided:
(a)
any such construction does not further infringe on the By-law
requirements(s) that created the non-conformity; and
(b)
all other requirements of this By-law are met.
6.23 Non-conforming Uses
6.23.1 Non-conforming uses shall be subject to the provisions for non-
conforming uses of the Municipal Government Act, except the use may
be recommenced if discontinued for a continuous period of 12 months.
23
6.24 Self-Storage Facilities
6.24.1 Where permitted, and notwithstanding minimum side and rear yard
setback requirements, self-storage facilities shall adhere to the following
provisions:
(a)
Self-storage facility units accessed from the external building
walls shall not be permitted to be located facing the front lot line
of any self-storage facility.
(b)
Side and rear yard setbacks shall be a minimum of 15.24 metres
(50.0 feet).
6.25 Side Yard Requirement - Exception
6.25.1 Notwithstanding anything else in the By-law, where buildings on adjacent
lots share a common wall, the applicable side yard requirements shall be
waived.
6.26 Shipping Containers
6.26.1 Shipping containers shall be permitted as an accessory structure, and
they shall be subject to the accessory structure provisions of Section 6.3.
6.27 Solar Collector Systems
6.27.1 Accessory solar collector systems:
(a)
shall be permitted as an accessory use in all zones and may be
mounted as free-standing structures or on buildings;
(b)
when mounted on buildings may exceed the maximum building
height in the zone by up to 2.0 metres; and
(c)
when mounted as free-standing structures shall:
i.
not exceed a height of 2.0 metres;
ii.
not be located in any front or flankage yard; and
iii.
not exceed a combined panel surface of 10 percent of
the lot area.
24
6.28 Utilities
6.28.1 Unless otherwise stated, any public utility that is essential for the actual
provision of a service, not including energy generation systems, wind
turbines, and commercial solar collector systems, shall be permitted in
any zone and shall be exempt from zone standards. These utilities
include, but are not limited to, telephone switching centres, electrical
substations, sewage treatment facilities, and water supply facilities.
6.28.2 For greater clarity, uses not directly related to the provision of utility
service shall not be included in the exemptions of this Section, and shall
only be permitted in accordance with zone requirements. Such uses
include, but are not limited to, administrative offices and utility
maintenance depots.
6.29 Vending Stalls for Farm, Fish, and Forestry
6.29.1 Nothing in this By-law shall prevent the direct sale of fish or other
seafood; farm products such as, but not limited to, flowers, fruit, and
vegetables; and forestry products such as, but not limited to, Christmas
trees, wreaths, and maple products by individuals or companies engaged
in the harvesting of such, subject to the following provisions:
(a)
any associated structures shall be limited to a maximum total
footprint of 10.0 square metres (107.63 square feet) on a lot;
(b)
associated structures shall meet zone requirements for minimum
side and rear setbacks, but shall not be required to meet
minimum front setbacks; and no development permit shall be
required.
6.30 Visibility at Intersections
6.30.1 Notwithstanding anything else in this By-law, on a corner lot, no building,
structure, fence, sign, hedge, shrub, bush or tree, or any other structure
or vegetation shall be erected or permitted to grow to a height greater
than 0.6 metres (1.96 feet) above grade within the corner vision triangle.
25
6.31 Watercourse Buffer
6.31.1 All development shall be prohibited within 30 metres (98.43 feet) of the
ordinary high watermark of any watercourse, except for the following
developments, which are exempt from this prohibition:
(a)
Boat houses, fishing gear sheds, docks, wharves, piers, and
slipways.
(b)
Marine industrial uses.
(c)
Boardwalks, walkways, and trails with a maximum width of 3.0
metres (9.84 feet).
(d)
Pumphouses.
(e)
Scientific research structures.
(f)
Public streets and infrastructure.
(g)
Development in the Source Water Protection (WP) Zone.
(h)
Development in the Fishing Zone (RF) Zone.
26
7
Wind Turbines
7.1 Wind Turbine Development
7.1.1
Wind turbine development shall be subject to the Inverness County
Municipal Planning Strategy and Land Use By-law Concerning the
Regulation of Wind Turbines.
27
8
Parking
8.1 Application of Parking Requirements
8.1.1
The requirements of this Part shall apply to the:
(a)
General Centre (GC) Zone;
(b)
Hamlet Core (HC) Zone;
(c)
Hamlet Residential (HR) Zone;
(d)
Light Industrial Centre Zone;
(e)
Main Street (MS) Zone; and
(f)
Residential Centre (R) Zone.
8.1.2
The requirements of this Part shall not apply to any land use that was in
existence on the effective date of this By-law.
8.1.3
Where a change in use would require parking that could not be
accommodated on the lot without the demolition, in whole or in part, of an
existing main building, the Development Officer may vary the number of
parking spaces that cannot be accommodated on the lot using the
variance provisions of Section 4.8.
8.2 Minimum Number of Automobile Parking Spaces
8.2.1
Where a lot contains more than one use, the number of required parking
spaces shall be the sum of the number of parking spaces required for
each use.
8.2.2
Where the number of automobile parking spaces required includes a
fraction or fractions of whole spaces, the number of spaces for all uses
shall be totaled before any rounding, and then the total shall be rounded
to the nearest whole number. Half spaces shall be rounded down.
8.2.3
Required automobile parking spaces shall be:
(a)
a minimum of 2.5 metres (8.20 feet) wide by 5.5 metres (18.04
feet) long for 90-degree spaces;
(b)
a minimum of 3.6 metres (11.81 feet) wide by 5.7 metres (18.70
feet) long for angled spaces; and
(c)
except for dwellings with fewer than four units, shall be capable
of being accessed without travelling through another parking
space.
28
8.2.4
Parking shall be provided and maintained in conformity with the following
table. If a use is not listed in this table, no parking minimums shall apply:
Table 7-1
Use
Parking Spaces Required
Accommodation
1 space per suite or rental
Art Gallery / Studio
1 space
Animal Care
3 spaces
Automobile Body or Repair Shop
2 spaces per service bay
Banks and Financial Institutions
1 space per 50 m2 (538.19 ft2) GFA
Boarding House
1 space per sleeping unit
Business or Professional Office
1 space per 50 m2 (538.19 ft2) GFA
Commercial Recreation - Indoor
1 space per 50 m2 (538.19 ft2) GFA
Convenience Store
3 spaces
Dwellings up to 4 units per lot
1.5 spaces per dwelling unit
Dwelling over 4 units per lot
1 space per dwelling unit
Funeral Home
1 space per 25 m2 (269.10 ft2) GFA, not
including area dedicated to crematoria
Light Industrial Uses
1 space per 100 m2 (1076.39 ft2) GFA
Personal Service Shop
1 space per 50 m2 (538.19 ft2) GFA
Post Office
4 spaces
Private Club
1 space per 50 m2 (538.19 ft2) GFA
Restaurant - Eat-in
1 space per 25 m2 (269.10 ft2) GFA
Restaurant - Drive-through
1 space per 50 m2 (538.19 ft2) GFA
Restaurant - Take out
3 spaces
Retail Store
1 space per 30 m2 (322.91 ft2) GFA
School - Commercial
1 space per 50 m2 (538.19 ft2) GFA
Service and Repair Shop
3 spaces
All other commercial uses
1 space per 50 m2 (538.19 ft2) GFA
29
8.3 Location of Automobile Parking
8.3.1
Parking shall not be located in the front yard in the Main Street (MS)
Zone.
8.3.2
No more than three (3) parking spaces shall be located in the front yard
of any dwelling.
8.4 Parking Exemption on Main Streets
8.4.1
Notwithstanding Section 8.2, all minimum automobile parking space
requirements shall be waived in the Main Street (MS) Zone.
8.5 Automobile Parking Area Standards
8.5.1
Where parking facilities for more than four (4) automobiles are required
or voluntarily provided, the facilities shall meet the following
requirements:
(a)
The parking area shall be maintained with a stable surface that is
treated to prevent dust and loose particles.
(b)
The lights used for illumination of the parking lot or parking
station shall be so arranged as to divert the light away from
streets, adjacent lots, and buildings.
(c)
A structure, not more than 4.6 metres (15.09 feet) in height and
not more than 5.0 square metres (53.81 square feet) in area may
be erected in the parking area for the use of attendants or for the
placement of payment machines.
(d)
The parking area shall be within 100.0 metres (328.08 feet) of
the location it is intended to serve, and shall be situated in the
same zone.
(e)
When the parking area is of a permanent hard surface, each
parking space shall be clearly marked and maintained as such.
30
9
Signage
9.1 Signage Provisions for All Zones
9.1.1
All signs and all parts thereof, including copy, framework, supports,
background, and anchors shall be kept in a good state of repair and
working order.
9.1.2
Any sign that no longer advertises a bona fide business conducted or a
product sold is deemed to be obsolete and shall be removed once the
use has been discontinued for a period of 60 days. In the case of
seasonal businesses, the use shall be considered discontinued on
December 31st of a calendar year if the use was not operated in that
calendar year.
9.1.3
Where this Part is inconsistent with the regulations made or administered
by the Province of Nova Scotia respecting advertising signs on or near
public highways, the more restrictive regulations shall apply.
9.2 Signs Prohibited in All Zones
9.2.1
Notwithstanding any other provision of this By-law, the following signs
shall not be permitted in any zone:
(a)
Signs or sign structures that constitute a hazard to public health
or safety;
(b)
Signs that obstruct free ingress to or egress from a fire escape
door, window or other required exit way;
(c)
Signs that obstruct access to any fire hydrant or firefighting hose
connection;
(d)
Signs that have any visible moving part or mechanical movement
of any description;
(e)
Flashing or animated signs;
(f)
Signs not erected by a public authority which make use of words
such as "STOP", "LOOK", "ONE WAY", "DANGER", "YIELD", or
other similar words, phrases, symbols, lights, or characters
displayed in such a manner as to interfere with, mislead, or
confuse traffic along a public road;
(g)
Signs on public property or within a public right-of-way, unless
erected by a government body or unless written permission to do
so has been obtained from the governmental body;
(h)
Signs painted on, attached to, or supported by a tree, stone, cliff,
or other natural object;
31
(i)
Signs that, by reason of size, location, content, colouring or
manner of illumination, obstruct the vision of automobile drivers
or obstruct or detract from the visibility or effectiveness of any
traffic sign or control device on public streets and roads;
(j)
Signs located on the roof of any structure.
9.3 Signs Permitted in all Zones
9.3.1
Notwithstanding any other provisions of this By-law, the following signs
are permitted in all zones without the requirement for a development
permit:
(a)
"No Trespassing" signs or other such signs regulating the use of
a property, and of not more than 0.2 square metres (2.15 square
feet) in sign area.
(b)
Signs erected by a governmental body, or under the direction of
such a body, and bearing no commercial advertising, such as
traffic signs, safety signs, signs identifying public schools, public
election lists, signs giving legal notice, planning application signs,
and public identification and information signs.
(c)
Election signs.
(d)
Memorial signs or tablets and signs denoting the date of erection
of a structure.
(e)
A maximum of two (2) real estate signs on a property, each one
not exceeding 0.5 square metres (5.38 square feet) in sign area,
which advertise the sale, rental, or lease of the premise.
(f)
Signs identifying the name and occupation of the resident, and of
not more than 0.2 square metres (2.15 square feet) in sign area.
(g)
Signs bearing the name or civic number of a building, and of not
more than 0.2 square metres (2.15 square feet) in sign area.
(h)
Signs mounted on the interior surface of sporting facilities such
as, but not limited to, signs mounted on baseball diamond
fences.
(i)
Signs regulating or denoting on-premise traffic, or parking or
other signs denoting the direction or function of various parts of a
building or premise, provided that such signs are less than 0.5
square metres (5.38 square feet) in sign area.
(j)
The flag, pennant, or insignia of any nation, province, or state or
of any religious, charitable, or fraternal organization.
(k)
Interpretive panels describing the history, science, or cultural
relevance of a location.
32
(l)
A sign incidental to the construction of a residential, commercial,
or industrial building, which is located on the same lot as the
structure under construction. Such sign shall have a sign area of
no more than 6.0 square metres (64.58 square feet) and shall be
removed within sixty days following the completion of
construction.
(m)
Temporary signs associated with a specific event, which does
not exceed 1.5 square metres (16.14 square feet) in sign area.
Such signs shall not be placed more than 14 calendar days
before an event and shall be removed within seven (7) of the
event's conclusion.
(n)
Signs erected in compliance with any Municipality of the County
of Inverness signage program and holding a valid permit as may
be required by any by-law or Council policy applicable to any
such program.
9.4 Signage Provisions for the Serviced Areas and Hamlet Areas
9.4.1
The signage provisions of this Section shall apply to those lands located
within the following zones:
(a)
General Centre (GC) Zone;
(b)
Hamlet Core (HC) Zone;
(c)
Hamlet Residential (HR) Zone;
(d)
Main Street (MS) Zone; and
(e)
Residential Centre (R) Zone.
9.4.2
No person shall erect or relocate any signs, except those permitted under
Section 9.3, without first obtaining a development permit from the
Development Officer, and no development permit shall be issued to erect
a sign unless all the sign provisions of this By-law are satisfied.
9.4.3
A development permit shall not be required for:
(a)
a changeable copy sign with a valid development permit, where
the changeable portion of the sign is altered so long as the sign
or sign structure is not modified in any other way; or
(b)
the repainting, cleaning, or repairing of a sign or sign structure,
for which has a valid development permit, so long as the sign or
sign structure is not modified in any other way.
33
9.4.4
In addition to the provisions of Section 4.4 of this By-law, the following
information shall be provided by the applicant for a development permit
for a sign:
(a)
the name and address of the owner of the sign;
(b)
the name and address of owner or person in possession of the
premises where the sign is to be located;
(c)
clear and legible drawings showing the exact location of the sign
that is the subject of the permit and all other existing signs on the
same premises; and
(d)
drawings showing the dimensions, supports, sizes, materials of
sign and the method of attachment and the character of
structural members to which attachments are to be made.
9.4.5
Permitted signage shall be outlined in the following table. All
requirements are maximums:
9.5 Illumination
9.5.1
Backlit signage or lightbox signs shall be prohibited in the Main Street
(MS) Zone.
Table 8-1
Main Street
Zone
General
Centre
Zone
Residential
Centre
Zone
Hamlet
Residential
Zone
Hamlet
Core Zone
Ground Sign
6 m (19.68
ft) tall / 4 m2
(43.05 ft2)
sign area
6 m (19.68
ft) tall / 4 m2
(43.05 ft2)
sign area
Not
Permitted
Not
Permitted
6 m (19.68
ft) tall / 4 m2
(43.05 ft2)
sign area
Wall Sign
10% of wall
20% of wall
5% of wall
5% of wall
15% of wall
Projecting Sign
1 m (3.28
feet)
projection /
1 m2 (10.76
ft2) sign
area
1.5 m (4.92
feet)
projection /
2 m2 (21.52
ft2) sign
area
1 m (3.28
feet)
projection /
1 m2 (10.76
ft2) sign
area
1 m (3.28
feet)
projection /
1 m2 (10.76
ft2) sign
area
1.5 m (4.92
feet)
projection /
2 m2 (21.52
ft2) sign
area
Mobile Sign
Not
permitted
One per
property
Not
permitted
Not
permitted
One per
property
Sandwich Board
Signs
One per
business
One per
business
One per
business
One per
business
One per
business
Roof Signs
Not
permitted
Not
permitted
Not
permitted
Not
permitted
Not
permitted
Third Party
Signs
Not
permitted
Not
permitted
Not
permitted
Not
permitted
Not
permitted
34
9.5.2
In all other Zones, signs may be internally-illuminated or illuminated
through the use of shielded downlighting but such illumination shall not
flash.
35
10 Main Street (MS) Zone
10.1 Permitted Uses
10.1.1 The following main uses shall be permitted in the Main Street (MS) Zone
subject to the requirements of this By-law:
(a)
Dwelling - up to 12 dwelling units per lot
(b)
Accommodations
(c)
Animal Care
(d)
Banks and Financial Institutions
(e)
Boarding (Rooming) House - up to 6 sleeping units per lot
(f)
Commercial Recreation - Indoor
(g)
Community Centre
(h)
Craft Food and Beverage Production
(i)
Cultural Facilities
(j)
Daycare Centre
(k)
Drinking Establishment
(l)
Electric Vehicle Charging - Commercial
(m)
Farmers' Market
(n)
Funeral Home
(o)
Government Uses
(p)
Interpretive Centre
(q)
Marina
(r)
Medical Clinic
(s)
Nursing Home
(t)
Office
(u)
Parks and Playgrounds
(v)
Personal Service Shop
(w)
Place of Worship
(x)
Private Club
(y)
Public Recreation
(z)
Public Transportation
(aa)
Residential Care Facility
(bb)
Restaurant - Eat-in
36
(cc)
Restaurant - Take-out
(dd)
Retail Store
(ee)
School - Academic
(ff)
School - Commercial
(gg)
School - Post-secondary
(hh)
Service and Repair Shop
(ii)
Small Options Home
(jj)
Trails and Conservation
(kk)
Water Access
(ll)
Workshop
10.2 Permitted Uses with Conditions
10.2.1 The following main uses shall be permitted in the Main Street (MS) Zone
subject to the requirements of this By-law and any conditions noted:
(a)
Accessory Agricultural Uses - Section 6.2
(b)
Home-based Business - Level I - Section 6.12
(c)
Home-based Business - Level II - Section 6.12
10.3 Permitted Uses by Site Plan Approval
10.3.1 The following main uses shall be permitted in the Main Street (MS) Zone
by Site Plan Approval subject to the requirements of this By-law:
(a)
Dwelling - over 12 dwelling units per lot
10.4 Permitted Uses by Development Agreement
10.4.1 The following main uses shall be considered in the Main Street (MS)
Zone by Development Agreement, subject to the applicable policies in
the Municipal Planning Strategy:
(a)
Any land use permitted by this zone but not in compliance with
the design standards of Section 10.6
37
10.5 Main Street (MS) Zone Development Standards
10.5.1 In the Main Street (MS) Zone, no development permit shall be issued
except in conformance with the following requirements:
Minimum Lot Area
-
Serviced Lot
200 m2
2152.80 ft2
-
Unserviced Lot
2,700 m2
29062.80 ft2
Minimum Lot Frontage
6 m
19.69 ft
Minimum Front/Flankage Setback
1.5 m
4.92 ft
Maximum Front/Flankage Setback
4 m
13.12 ft
Minimum Side Setback
-
Main Building
0 m
0.00 ft
-
Accessory Building
1 m
3.28 ft
Minimum Rear Setback
-
Main Building
6 m
19.69 ft
-
Accessory Building
6 m
19.69 ft
Maximum Building Height
-
Main Building
12.7 m
41.67 ft
-
Accessory Building
8 m
26.25 ft
10.5.2 Where an easement in the front or flankage yard prevents construction
within the maximum setback, the maximum setback shall apply to the
edge of the easement instead.
10.5.3 The maximum front setback shall only apply to one (1) main building per
lot, i.e. the main building closest to the street line.
10.5.4 The party wall of attached, side-by-side dwellings or commercial uses
may be centred on mutual side lot lines and shall be exempt from the
minimum side setback requirements. This exemption may be applied to
up to six dwelling or three commercial or mixed-use buildings which are
attached to each other.
38
10.6 Design Standards in the Main Street (MS) Zone
10.6.1 Main buildings developed or enlarged within the Main Street (MS) Zone
shall comply with the requirements of this Section.
Building Composition
10.6.2 A minimum of 50 percent of the lot width, along a line parallel to the
street line and at a distance of the maximum front and flankage setback,
shall be occupied by a building.
10.6.3 The minimum building height shall be 6.0 metres (19.68 feet).
10.6.4 The minimum floor-to-floor height of the ground floor shall be 3.5 metres
(11.48 feet).
10.6.5 Above a height of 8.0 metres (26.24 feet):
(a)
buildings shall have a stepback of a minimum 2.5 metres (8.20
feet) away from the front and flankage lot line; or
(b)
all floor area above that elevation shall be developed within the
attic of a sloped roof.
10.6.6 Flat roofs are prohibited, and roofs shall have a minimum slope of 4:12
10.6.7 If the building exceeds 12.0 metres (39.37 feet) in width, the facades
shall be broken into sections no larger than 12.0 metres (39.37 feet) in
width using architectural elements such as projections, recesses,
awnings, colour, texture, pilasters, and columns, to break up the
continuous massing of the front and flankage elevations.
10.6.8 Utilities such as vents, mechanical rooms/equipment, and elevator
penthouses should be integrated with the architectural treatment of the
roof, be located so as to be inconspicuous from any sidewalk, or be
screened with materials and finishes compatible with the buildings
design.
Wall Openings
10.6.9 Doors to commercial uses shall be partially or fully glazed.
10.6.10 In the first storey, blank walls without any articulation or windows may not
exceed a horizontal length of 5.0 metres (16.40 feet).
10.6.11 At least 50 percent of the surface area of building's ground floor wall
facing the street line shall be glazed.
10.6.12 All new developments shall provide a clearly defined pedestrian
entrance. The main pedestrian entrance shall be visually distinct from
other openings in the street wall.
10.6.13 All main entrances should be ornamented by one of the following:
(a)
awnings;
39
(b)
emphasized door lintels;
(c)
a portico or otherwise cantilevered roof;
(d)
pilasters on the sides of the entrance; or
(e)
none of the above if the entire ground floor is visually separated
from upper floors by projecting string courses or a difference in
cladding.
10.6.14 On corner lots, the building shall have entrances on the corner within a
bevel or within both walls facing a street line.
10.6.15 Vehicular entrances to buildings within a wall facing a street line shall be
set back by at least 2.0 metres (6.56 feet) from the facade.
Site design
10.6.16 Pedestrian priority areas shall be clearly defined and allow for a
comfortable and safe pedestrian movement. This may be achieved
through the use of landscaping, surface materials, or other design
features.
10.6.17 Large areas of uninterrupted parking shall be avoided. The parking lots
shall not have more than 20 stalls in any direction without an interruption
by landscaping of at least 2.0 metres (6.56 feet) width.
Accessory buildings
10.6.18 In addition to the provisions of Section 6.3, accessory buildings shall not
be located in the front or flanking yard.
40
11 General Centre (GC) Zone
11.1 Permitted Uses
11.1.1 The following main uses shall be permitted in the General Centre (GC)
Zone subject to the requirements of this By-law:
(a)
Dwelling - up to 6 dwelling units per lot
(b)
Accommodations
(c)
Animal Care
(d)
Banks and Financial Institutions
(e)
Boarding (Rooming) House - up to 6 sleeping units per lot
(f)
Building Supply and Equipment Depot
(g)
Cemetery
(h)
Commercial Recreation - Indoor
(i)
Commercial Recreation - Outdoor
(j)
Community Centre
(k)
Craft Food and Beverage Production
(l)
Cultural Facilities
(m)
Daycare Centre
(n)
Drinking Establishment
(o)
Electric Vehicle Charging - Commercial
(p)
Emergency Services
(q)
Farmers' Market
(r)
Funeral Home
(s)
Government Uses
(t)
Hospital
(u)
Interpretive Centre
(v)
Marina
(w)
Marine Recreation Provider
(x)
Medical Clinic
(y)
Nursing Home
(z)
Office
(aa)
Parking Structures and Surface Parking Lots
(bb)
Parks and Playgrounds
41
(cc)
Personal Service Shop
(dd)
Place of Worship
(ee)
Private Club
(ff)
Public Recreation
(gg)
Public Transportation
(hh)
Recycling Depot
(ii)
Residential Care Facility
(jj)
Restaurant - Eat-in
(kk)
Restaurant - Take-out
(ll)
Retail Store
(mm)
School - Academic
(nn)
School - Commercial
(oo)
School - Post-secondary
(pp)
Service and Repair Shop
(qq)
Small Options Home
(rr)
Trails and Conservation
(ss)
Water Access
(tt)
Wholesale
(uu)
Workshop
11.2 Permitted Uses with Conditions
11.2.1 The following main uses shall be permitted in the General Centre (GC)
Zone subject to the requirements of this By-law and any conditions
noted:
(a)
Accessory Agricultural Uses - Section 6.2
(b)
Light Industrial - Section 11.6
(c)
Home-based Business - Level I - Section 6.12
(d)
Home-based Business - Level II - Section 6.12
11.3 Permitted Uses by Site Plan Approval
11.3.1 The following main uses shall be permitted in the General Centre (GC)
Zone by Site Plan Approval subject to the requirements of this By-law:
(a)
Dwelling - 7 to 12 dwelling units per lot
(b)
Automobile Body Shop
42
(c)
Automobile Service Station
(d)
Automobile Washing
(e)
Automobile Repair
(f)
Automobile Sales
(g)
Boarding (Rooming) House - up to 12 sleeping units per lot
(h)
Restaurant - Drive-through
11.4 Permitted Uses by Development Agreement
11.4.1 The following main uses shall be considered in the General Centre (GC)
Zone by Development Agreement, subject to the applicable policies in
the Municipal Planning Strategy:
(a)
Dwelling - over 12 units per lot
(b)
Boarding (Rooming) House - over 12 sleeping units per lot
11.5 General Centre (GC) Zone Development Standards
11.5.1 In the General Centre (GC) Zone, no development permit shall be issued
except in conformance with the following requirements:
Minimum Lot Area
- Serviced Lot
350 m2
3767.40 ft2
- Unserviced Lot
2,700 m2
29062.80 ft2
Minimum Lot Frontage
6 m
19.69 ft
Minimum Front/Flankage Setback
3 m
9.84 ft
Minimum Side Setback
- Main Building
2 m
6.56 ft
- Accessory Building
1 m
3.28 ft
Minimum Rear Setback
- Main Building
6 m
19.69 ft
- Accessory Building
6 m
19.69 ft
Maximum Building Height
- Main Building
15.2 m
49.87 ft
- Accessory Building
8 m
26.25 ft
11.6 Light Industrial Uses in the General Centre (GC) Zone
11.6.1 Within the General Centre (GC) Zone, any use permitted in the Light
Industrial Centre (MI) Zone may be permitted up to 120.0 square metres
(1,291.69 square feet) of gross floor area.
43
12 Residential Centre (R) Zone
12.1 Permitted Uses
12.1.1 The following main uses shall be permitted in the Residential Centre (R)
Zone subject to the requirements of this By-law:
(a)
Dwelling - up to 4 dwelling units per lot
(b)
Boarding (Rooming) House - up to 4 sleeping units per lot
(c)
Cemetery
(d)
Community Centre
(e)
Government Uses
(f)
Medical Clinic
(g)
Nursing Home
(h)
Parks and Playgrounds
(i)
Place of Worship
(j)
Private Club
(k)
Public Recreation
(l)
Residential Care Facility
(m)
School - Academic
(n)
Small Options Home
(o)
Trails and Conservation
(p)
Water Access
12.2 Permitted Uses with Conditions
12.2.1 The following main uses shall be permitted in the Residential Centre (R)
Zone subject to the requirements of this By-law and any conditions
noted:
(a)
Accessory Agricultural Uses - Section 6.2
(b)
Home-based Business - Level I - Section 6.12
12.3 Permitted Uses by Site Plan Approval
12.3.1 The following main uses shall be permitted in the Residential Centre (R)
Zone by Site Plan Approval subject to the requirements of this By-law:
(a)
Dwelling - 5 to 6 dwelling units per lot
44
12.4 Permitted Uses by Development Agreement
12.4.1 The following main uses shall be considered in the Residential Centre
(R) Zone by Development Agreement, subject to the applicable policies
in the Municipal Planning Strategy:
(a)
Dwelling - over 6 dwelling units per lot
12.5 Residential Centre (R) Zone Development Standards
12.5.1 In the Residential Centre (R) Zone, no development permit shall be
issued except in conformance with the following requirements:
Minimum Lot Area
- Serviced Lot
350 m2
3767.40 ft2
- Unserviced Lot
2,700 m2
29062.80 ft2
Minimum Lot Frontage
10 m
32.81 ft
Minimum Front/Flankage Setback
3 m
9.84 ft
Minimum Side Setback
- Main Building
2 m
6.56 ft
- Accessory Building
1 m
3.28 ft
Minimum Rear Setback
- Main Building
8 m
26.25 ft
- Accessory Building
8 m
26.25 ft
Maximum Building Height
- Main Building
12.2 m
40.03 ft
- Accessory Building
8 m
26.25 ft
45
13 Light Industrial Centre (MI) Zone
13.1 Permitted Uses
13.1.1 The following main uses shall be permitted in the Light Industrial Centre
(MI) Zone subject to the requirements of this By-law:
(a)
Aggregate Related Industries
(b)
Agricultural Uses
(c)
Animal Care
(d)
Automobile Body Shop
(e)
Automobile Repair
(f)
Automobile Sales
(g)
Automobile Service Station
(h)
Automobile Washing
(i)
Banks and Financial Institutions
(j)
Building Supply and Equipment Depot
(k)
Commercial Recreation - Indoor
(l)
Commercial Recreation - Outdoor
(m)
Craft Food and Beverage Production
(n)
Drinking Establishment
(o)
Electric Vehicle Charging - Commercial
(p)
Emergency Services
(q)
Farmers' Market
(r)
Forestry Related Uses
(s)
Funeral Home
(t)
Government Uses
(u)
Hospital
(v)
Light Industrial
(w)
Marina
(x)
Marine Industrial Uses
(y)
Marine Recreation Provider
(z)
Medical Clinic
(aa)
Office
(bb)
Parking Structures and Surface Parking Lots
46
(cc)
Parks and Playgrounds
(dd)
Personal Service Shop
(ee)
Private Club
(ff)
Public Recreation
(gg)
Public Transportation
(hh)
Recycling Depot
(ii)
Restaurant - Eat-in
(jj)
Restaurant - Take-out
(kk)
Retail Store
(ll)
School - Commercial
(mm)
Service and Repair Shop
(nn)
Trails and Conservation
(oo)
Transportation and Logistics
(pp)
Warehousing
(qq)
Water Access
(rr)
Wholesale
(ss)
Workshop
13.2 Permitted Uses with Conditions
13.2.1 The following main uses shall be permitted in the Light Industrial Centre
(MI) Zone subject to the requirements of this By-law and any conditions
noted:
(a)
Home-based Business Level I - 6.12
(b)
Home-based Business Level II - 6.12
(c)
Kennel - Section 6.17
(d)
Self-storage Facilities - Section 6.24
13.3 Permitted Uses by Site Plan Approval
13.3.1 The following main uses shall be permitted in the Light Industrial Centre
(MI) Zone by Site Plan Approval subject to the requirements of this By-
law:
(a)
Restaurants - Drive-through
47
13.4 Permitted Uses by Development Agreement
13.4.1 The following main uses shall be considered in the Light Industrial Centre
(MI) Zone by Development Agreement, subject to the applicable policies
in the Municipal Planning Strategy:
(a)
Helipads
13.5 Light Industrial Centre (MI) Zone Development Standards
13.5.1 In the Light Industrial Centre (MI) Zone, no development permit shall be
issued except in conformance with the following requirements:
13.5.2 Where a light industrial use in the Light Industrial Centre (MI) Zone abuts
a lot containing a residential use or a residential land use zone and, in
the opinion of the Development Officer, has the potential to create
nuisances for neighbouring uses, the Development Officer may increase
the minimum rear and side yard setbacks to 15.24 metres (50 feet).
Minimum Lot Area
- Serviced Lot
1800 m2
19375.20 ft2
- Unserviced Lot
-
-
Minimum Lot Frontage
15 m
49.21 ft
Minimum Front/Flankage Setback
8 m
26.25 ft
Minimum Side Setback
- Main Building
8 m
26.25 ft
- Accessory Building
8 m
26.25 ft
Minimum Rear Setback
- Main Building
8 m
26.25 ft
- Accessory Building
8 m
26.25 ft
Maximum Building Height
- Main Building
15.2 m
49.87 ft
- Accessory Building
8 m
26.25 ft
48
14 Hamlet Residential (HR) Zone
14.1 Permitted Uses
14.1.1 The following main uses shall be permitted in the Hamlet Residential
(HR) Zone subject to the requirements of this By-law:
(a)
Dwelling - up to 4 dwelling units per lot
(b)
Agricultural Uses
(c)
Boarding (Rooming) House - up to 4 sleeping units per lot
(d)
Cemetery
(e)
Community Centre
(f)
Forestry Related Uses
(g)
Government Uses
(h)
Medical Clinic
(i)
Nursing Home
(j)
Parks and Playgrounds
(k)
Places of Worship
(l)
Private Club
(m)
Public Recreation
(n)
Residential Care Facility
(o)
School - Academic
(p)
Small Options home
(q)
Trails and Conservation
(r)
Water Access
14.2 Permitted Uses with Conditions
14.2.1 The following main uses shall be permitted in the Hamlet Residential
(HR) Zone subject to the requirements of this By-law and any conditions
noted:
(a)
Accessory Agricultural Uses - Section 6.2
(b)
Home-based Business Level I - Section 6.12
(c)
Home-based Business Level II - Section 6.12
(d)
Solar Collector System - Commercial - Section 14.6
49
14.3 Permitted Uses by Site Plan Approval
14.3.1 The following main uses shall be permitted in the Hamlet Residential
(HR) Zone by Site Plan Approval subject to the requirements of this By-
law:
(a)
Dwelling - 5 to 6 dwelling units per lot
(b)
Boarding (Rooming) House - 5 to 6 sleeping units per lot
14.4 Permitted Uses by Development Agreement
14.4.1 The following main uses shall be considered in the Hamlet Residential
(HR) Zone by Development Agreement, subject to the applicable policies
in the Municipal Planning Strategy:
(a)
Dwellings - over 6 dwelling units per lot
(b)
Boarding (Rooming) Houses - over 6 sleeping units per lot
14.5 Hamlet Residential (HR) Zone Development Standards
14.5.1 In the Hamlet Residential (HR) Zone, no development permit shall be
issued except in conformance with the following requirements:
14.6 Solar Collectors in the Hamlet Residential (HR) Zone
14.6.1 Commercial solar collector systems in the Hamlet Residential (HR) Zone
shall be limited to a nameplate capacity of 1.0 megawatts per lot.
Minimum Lot Area
- Serviced Lot
-
-
- Unserviced Lot
2,700 m2
29062.80 ft2
Minimum Lot Frontage
10 m
32.81 ft
Minimum Front/Flankage Setback
3 m
9.84 ft
Minimum Side Setback
- Main Building
3 m
9.84 ft
- Accessory Building
3 m
9.84 ft
Minimum Rear Setback
- Main Building
6 m
19.69 ft
- Accessory Building
3 m
9.84 ft
Maximum Building Height
- Main Building
12.2 m
40.03 ft
- Accessory Building
8 m
26.25 ft
50
15 Hamlet Core (HC) Zone
15.1 Permitted Uses
15.1.1 The following main uses shall be permitted in the Hamlet Core (HC) Zone
subject to the requirements of this By-law:
(a)
Dwelling - up to 6 dwelling units per lot
(b)
Accommodations
(c)
Agricultural Uses
(d)
Animal Care
(e)
Automobile Body Shop
(f)
Automobile Repair
(g)
Automobile Service Station
(h)
Automobile Washing
(i)
Banks and Financial Institutions
(j)
Boarding (Rooming) Houses - up to 6 sleeping units per lot
(k)
Building Supply and Equipment Depot
(l)
Cemetery
(m)
Commercial Recreation - Indoor
(n)
Commercial Recreation - Outdoor
(o)
Community Centre
(p)
Craft Food and Beverage Production
(q)
Cultural Facilities
(r)
Daycare Centre
(s)
Drinking Establishment
(t)
Electric Vehicle Charging - Commercial
(u)
Emergency Services
(v)
Farmers' Market
(w)
Forestry Related Uses
(x)
Funeral Home
(y)
Government Uses
(z)
Hospital
(aa)
Interpretive Centre
(bb)
Marina
51
(cc)
Marine Industrial Uses
(dd)
Marine Recreation Provider
(ee)
Medical Clinic
(ff)
Nursing Home
(gg)
Office
(hh)
Parking Structures and Surface Parking Lots
(ii)
Parks and Playgrounds
(jj)
Personal Service Shop
(kk)
Place of Worship
(ll)
Private Club
(mm)
Public Recreation
(nn)
Public Transportation
(oo)
Recycling Depot
(pp)
Residential Care Facility
(qq)
Restaurant - Eat-in
(rr)
Restaurant - Take-out
(ss)
Retail Store
(tt)
School - Academic
(uu)
School - Commercial
(vv)
School - Post-secondary
(ww)
Service and Repair Shop
(xx)
Small Options Home
(yy)
Trails and Conservation
(zz)
Transportation and Logistics
(aaa)
Warehousing
(bbb)
Water Access
(ccc)
Wholesale
(ddd)
Workshop
52
15.2 Permitted Uses with Conditions
15.2.1 The following main uses shall be permitted in the Hamlet Core (HC) Zone
subject to the requirements of this By-law and any conditions noted:
(a)
Accessory Agricultural Uses - Section 6.2
(b)
Home-based Business - Level I - Section 6.12
(c)
Home-based Business - Level II - Section 6.12
(d)
Kennel - Section 6.17
(e)
Light Industrial - Section 15.5
(f)
Self-Storage Facility - Section 6.24
(g)
Solar Collector System - Commercial - Section 15.6
15.3 Permitted Uses by Site Plan Approval
15.3.1 The following main uses shall be permitted in the Hamlet Core (HC) Zone
by Site Plan Approval subject to the requirements of this By-law:
(a)
Dwellings - over 6 dwelling units per lot
(b)
Automobile Sales
(c)
Boarding (Rooming) Houses - 7 to 12 sleeping units per lot
(d)
Restaurants - Drive-through
15.4 Hamlet Core (HC) Zone Development Standards
15.4.1 In the Hamlet Core (HC) Zone, no development permit shall be issued
except in conformance with the following requirements:
Minimum Lot Area
- Serviced Lot
-
-
- Unserviced Lot
2,700 m2
29062.80 ft2
Minimum Lot Frontage
10 m
32.81 ft
Minimum Front/Flankage Setback
3 m
9.84 ft
Minimum Side Setback
- Main Building
3 m
9.84 ft
- Accessory Building
3 m
9.84 ft
Minimum Rear Setback
- Main Building
6 m
19.69 ft
- Accessory Building
3 m
9.84 ft
Maximum Building Height
- Main Building
12.2 m
40.03 ft
- Accessory Building
8 m
26.25 ft
53
15.5 Light Industrial Uses in the Hamlet Core (HC) Zone
15.5.1 Within the Hamlet Core (HC) Zone, light industrial uses are permitted up
to 500.0 square metres (5,381.95 square feet) of gross floor area.
15.6 Solar Collectors in the Hamlet Core (HC) Zone
15.6.1 Commercial solar collector systems in the Hamlet Core (HC) Zone shall
be limited to a nameplate capacity of 1.0 megawatts per lot.
54
16 Rural General (RG) Zone
16.1 Permitted Uses
16.1.1 The following main uses shall be permitted in Rural General (RG) Zone
subject to the requirements of this By-law:
(a)
Dwellings - up to 4 dwelling units per lot
(b)
Agricultural Uses
(c)
Animal Care
(d)
Automobile Body Shop
(e)
Automobile Repair
(f)
Automobile Washing
(g)
Boarding (Rooming) Houses - up to 12 sleeping units per lot
(h)
Building Supply and Equipment Depot
(i)
Cemetery
(j)
Commercial Recreation - Outdoor
(k)
Community Centre
(l)
Craft Food and Beverage Production
(m)
Cultural Facilities
(n)
Daycare Centre
(o)
Electric Vehicle Charging - Commercial
(p)
Emergency Services
(q)
Farmers' Market
(r)
Forestry Related Uses
(s)
Funeral Home
(t)
Government Uses
(u)
Interpretive Centre
(v)
Marina
(w)
Medical Clinic
(x)
Nursing Home
(y)
Parking Structures and Surface Parking Lots
(z)
Parks and Playgrounds
(aa)
Personal Service Shop
(bb)
Places of Worship
55
(cc)
Private Club
(dd)
Public Recreation
(ee)
Public Transportation
(ff)
Residential Care Facility
(gg)
Restaurant - Eat-in
(hh)
Restaurant - Take-out
(ii)
School - Academic
(jj)
Service and Repair Shop
(kk)
Small Options Home
(ll)
Solar Collector System - Commercial
(mm)
Renewable Energy Generation Systems
(nn)
Trails and Conservation
(oo)
Water Access
(pp)
Workshop
16.2 Permitted Uses with Conditions
16.2.1 The following main uses shall be permitted in the Rural General (RG)
Zone subject to the requirements of this By-law and any conditions
noted:
(a)
Accessory Agricultural Uses - Section 6.2
(b)
Home-based Business - Level I - Section 6.12
(c)
Home-based Business - Level II - Section 6.12
(d)
Kennel - Section 6.17
(e)
Retail Store - Section 16.4
56
16.3 Rural General (RG) Zone Development Standards
16.3.1 In the Rural General (RG) Zone, no development permit shall be issued
except in conformance with the following requirements:
Minimum Lot Area
- Serviced Lot
-
-
- Unserviced Lot
3,700 m2
39826.80 ft2
Minimum Lot Frontage
15 m
49.21 ft
Minimum Front/Flankage Setback
8 m
26.25 ft
Minimum Side Setback
- Main Building
5 m
16.40 ft
- Accessory Building
5 m
16.40 ft
Minimum Rear Setback
- Main Building
8 m
26.25 ft
- Accessory Building
4 m
13.12 ft
Maximum Building Height
- Main Building
12.2 m
40.03 ft
- Accessory Building
8 m
26.25 ft
16.4 Retail Stores Uses in the Rural General (RG) Zone
16.4.1 Within the Rural General (RG) Zone, retail stores may be permitted up to
250.0 square metres (2,690.98 square feet) in gross floor area.
57
17 Rural Commercial (RC) Zone
17.1 Permitted Uses
17.1.1 The following main uses shall be permitted in Rural Commercial (RC)
Zone subject to the requirements of this By-law:
(a)
Dwelling - up to 6 dwelling units per lot
(b)
Accommodations
(c)
Agricultural Uses
(d)
Animal Care
(e)
Automobile Body Shop
(f)
Automobile Repair
(g)
Automobile Sales
(h)
Automobile Service Station
(i)
Automobile Washing
(j)
Banks and Financial Institutions
(k)
Boarding (Rooming) Houses - up to 12 sleeping units per lot
(l)
Building Supply and Equipment Depot
(m)
Cemetery
(n)
Commercial Recreation - Indoor
(o)
Commercial Recreation - Outdoor
(p)
Community Centre
(q)
Craft Food and Beverage Production
(r)
Cultural Facilities
(s)
Daycare Centre
(t)
Drinking Establishment
(u)
Electric Vehicle Charging - Commercial
(v)
Emergency Services
(w)
Farmers' Market
(x)
Forestry Related Uses
(y)
Funeral Home
(z)
Government Uses
(aa)
Interpretive Centre
(bb)
Marina
58
(cc)
Medical Clinic
(dd)
Nursing Home
(ee)
Office
(ff)
Parking Structures and Surface Parking Lots
(gg)
Parks and Playgrounds
(hh)
Personal Service Shop
(ii)
Places of Worship
(jj)
Private Club
(kk)
Public Recreation
(ll)
Public Transportation
(mm)
Recycling Depot
(nn)
Renewable Energy Generation Systems
(oo)
Residential Care Facility
(pp)
Restaurant - Eat-in
(qq)
Restaurant - Take-out
(rr)
Retail Store
(ss)
School - Academic
(tt)
School - Commercial
(uu)
Service and Repair Shop
(vv)
Small Options Home
(ww)
Solar Collector System - Commercial
(xx)
Trails and Conservation
(yy)
Transportation and Logistics
(zz)
Warehousing
(aaa)
Water Access
(bbb)
Wholesale
(ccc)
Workshop
59
17.2 Permitted Uses with Conditions
17.2.1 The following main uses shall be permitted in the Rural Commercial (RC)
Zone subject to the requirements of this By-law and any conditions
noted:
(a)
Accessory Agricultural Uses - Section 6.2
(b)
Home-based Business - Level I - Section 6.12
(c)
Home-based Business - Level II - Section 6.12
(d)
Kennel - Section 6.17
(e)
Light Industrial - Section 17.6
(f)
Self-Storage Facility - Section 6.24
17.3 Permitted Uses by Site Plan Approval
17.3.1 The following main uses shall be permitted in the Rural Commercial (RC)
Zone by Site Plan Approval subject to the requirements of this By-law:
(a)
Dwellings - over 6 dwelling units per lot
(b)
Boarding (Rooming) Houses - over 12 sleeping units per lot
(c)
Restaurants - Drive-through
17.4 Permitted Uses by Development Agreement
17.4.1 The following main uses shall be considered in the Rural Commercial
(RC) Zone by Development Agreement, subject to the applicable policies
in the Municipal Planning Strategy:
(a)
Helipad
60
17.5 Rural Commercial (RC) Zone Development Standards
17.5.1 In the Rural Commercial (RC) Zone, no development permit shall be
issued except in conformance with the following requirements:
Minimum Lot Area
- Serviced Lot
-
-
- Unserviced Lot
3,700 m2
39826.80 ft2
Minimum Lot Frontage
15 m
49.21 ft
Minimum Front/Flankage Setback
8 m
26.25 ft
Minimum Side Setback
- Main Building
5 m
16.40 ft
- Accessory Building
5 m
16.40 ft
Minimum Rear Setback
- Main Building
8 m
26.25 ft
- Accessory Building
4 m
13.12 ft
Maximum Building Height
- Main Building
12.2 m
40.03 ft
- Accessory Building
8 m
26.25 ft
17.6 Light Industrial Uses in the Rural Commercial (RC) Zone
17.6.1 Within the Rural Commercial (RC) Zone, light industrial uses shall be
permitted up to 500.0 square metres (5,381.95 square feet) of gross floor
area.
61
18 Rural Industrial (RM) Zone
18.1 Permitted Uses
18.1.1 The following main uses shall be permitted in Rural Industrial (RM) Zone
subject to the requirements of this By-law:
(a)
Aggregate Related Industries
(b)
Agricultural Uses
(c)
Automobile Body Shop
(d)
Automobile Repair
(e)
Automobile Sales
(f)
Automobile Service Station
(g)
Automobile Washing
(h)
Building Supply and Equipment Depot
(i)
Craft Food and Beverage Production
(j)
Electric Vehicle Charging - Commercial
(k)
Emergency Services
(l)
Farmers' Market
(m)
Forestry Related Uses
(n)
Funeral Home
(o)
Government Uses
(p)
Light Industrial Uses
(q)
Marine Industrial Uses
(r)
Office
(s)
Parking Structures and Surface Parking Lots
(t)
Parks and Playgrounds
(u)
Place of Worship
(v)
Public Recreation
(w)
Public Transportation
(x)
Recycling Depot
(y)
Renewable Energy Generation Systems
(z)
School - Commercial
(aa)
Service and Repair Shop
(bb)
Solar Collector System - Commercial
62
(cc)
Trails and Conservation
(dd)
Transportation and Logistics
(ee)
Warehousing
(ff)
Water Access
(gg)
Wholesale
(hh)
Workshop
18.2 Permitted Uses with Conditions
18.2.1 The following main uses shall be permitted in the Rural Industrial (RM)
Zone subject to the requirements of this By-law and any conditions
noted:
(a)
Kennel - Section 6.17
(b)
Self-Storage Facility - 6.24
18.3 Permitted Uses by Site Plan Approval
18.3.1 The following main uses shall be permitted in the Rural Industrial (RM)
Zone by Site Plan Approval subject to the requirements of this By-law:
(a)
Scrap Yard
18.4 Permitted Uses by Development Agreement
18.4.1 The following main uses shall be considered in the Rural Industrial (RM)
Zone by Development Agreement, subject to the applicable policies in
the Municipal Planning Strategy:
(a)
Heavy Industrial (on lots 10,000 square metres in area or
greater)
(b)
Helipad
(c)
Solid Waste Disposal Facility (on lots 10,000 square metres in
area or greater)
63
18.5 Rural Industrial (RM) Zone Development Standards
18.5.1 In the Rural Industrial (RM) Zone, no development permit shall be issued
except in conformance with the following requirements:
Minimum Lot Area
- Serviced Lot
-
-
- Unserviced Lot
3,700 m2
39826.80 ft2
Minimum Lot Frontage
15 m
49.21 ft
Minimum Front/Flankage Setback
8 m
26.25 ft
Minimum Side Setback
- Main Building
5 m
16.40 ft
- Accessory Building
8 m
26.25 ft
Minimum Rear Setback
- Main Building
8 m
26.25 ft
- Accessory Building
4 m
13.12 ft
Maximum Building Height
- Main Building
12.2 m
40.03 ft
- Accessory Building
8 m
26.25 ft
64
19 Agriculture Potential (AP) Zone
19.1 Permitted Uses
19.1.1 The following main uses shall be permitted in Agriculture Potential (AP)
Zone subject to the requirements of this By-law:
(a)
Dwellings - up to 4 dwelling units per lot
(b)
Agricultural Uses
(c)
Animal Care
(d)
Boarding (Rooming) Houses - up to 12 sleeping units per lot
(e)
Community Centre
(f)
Craft Food and Beverage Production
(g)
Cultural Facilities
(h)
Daycare Centre
(i)
Emergency Services
(j)
Farmers' Market
(k)
Forestry Related Uses
(l)
Government Uses
(m)
Interpretive Centre
(n)
Medical Clinic
(o)
Parks and Playgrounds
(p)
Places of Worship
(q)
Public Recreation
(r)
Restaurant - Eat-in
(s)
Restaurant - Take-out
(t)
School - Academic
(u)
Service and Repair Shop
(v)
Small Options Home
(w)
Solar Collector System - Commercial
(x)
Trails and Conservation
(y)
Water Access
(z)
Workshop
65
19.2 Permitted Uses with Conditions
19.2.1 The following main uses shall be permitted in the Agriculture Potential
(AP) Zone subject to the requirements of this By-law and any conditions
noted:
(a)
Home-based Business - Level I - Section 6.12
(b)
Home-based Business - Level II - Section 6.12
(c)
Kennel - Section 6.17
(d)
Retail Store - Section 19.5
19.3 Permitted Uses by Development Agreement
19.3.1 The following main uses shall be considered in the Agriculture Potential
(AP) Zone by Development Agreement, subject to the applicable policies
in the Municipal Planning Strategy:
(a)
Renewable Energy Generation Systems
19.4 Agriculture Potential (AP) Zone Development Standards
19.4.1 In the Agriculture Potential (AP) Zone, no development permit shall be
issued except in conformance with the following requirements:
Minimum Lot Area
- Serviced Lot
-
-
- Unserviced Lot
7,200 m2
77500.80 ft2
Minimum Lot Frontage
15 m
49.21 ft
Minimum Front/Flankage Setback
8 m
26.25 ft
Minimum Side Setback
- Main Building
5 m
16.40 ft
- Accessory Building
5 m
16.40 ft
Minimum Rear Setback
- Main Building
8 m
26.25 ft
- Accessory Building
4 m
13.12 ft
Maximum Building Height
- Main Building
12.2 m
40.03 ft
- Accessory Building
8 m
26.25 ft
19.5 Retail Stores Uses in the Agriculture Potential (AP) Zone
19.5.1 Within the Agriculture Potential (AG) Zone, retail stores may be permitted
up to 250.0 square metres (2,690.98 square feet) in gross floor area.
66
20 Lakeshore (RL) Zone
20.1 Permitted Uses
20.1.1 The following main uses shall be permitted in Lakeshore (RL) Zone
subject to the requirements of this By-law:
(a)
Dwellings - up to 4 dwelling units per lot
(b)
Agricultural Uses
(c)
Cemetery
(d)
Community Centre
(e)
Government Uses
(f)
Interpretive Centres
(g)
Marine Recreation Provider
(h)
Parks and Playgrounds
(i)
Places of Worship
(j)
Public Recreation
(k)
Small Options Home
(l)
Trails and Conservation
(m)
Water Access
20.2 Permitted Uses with Conditions
20.2.1 The following main uses shall be permitted in the Lakeshore (RL) Zone
subject to the requirements of this By-law and any conditions noted:
(a)
Accessory Agricultural Uses - Section 6.2
(b)
Home-based Business - Level I - Section 6.12
(c)
Home-based Business - Level II - Section 6.12
20.3 Permitted Uses by Development Agreement
20.3.1 The following main uses shall be considered in the Lakeshore (RL) Zone
by Development Agreement, subject to the applicable policies in the
Municipal Planning Strategy:
(a)
Marina
67
20.4 Lakeshore (RL) Zone Development Standards
20.4.1 In the Lakeshore (RL) Zone, no development permit shall be issued
except in conformance with the following requirements:
Minimum Lot Area
- Serviced Lot
-
-
- Unserviced Lot
3,700 m2
39826.80 ft2
Minimum Lot Frontage
15 m
49.21 ft
Minimum Front/Flankage Setback
8 m
26.25 ft
Minimum Side Setback
- Main Building
5 m
16.40 ft
- Accessory Building
5 m
16.40 ft
Minimum Rear Setback
- Main Building
8 m
26.25 ft
- Accessory Building
4 m
13.12 ft
Maximum Building Height
- Main Building
12.2 m
40.03 ft
- Accessory Building
8 m
26.25 ft
68
21 Fishing (RF) Zone
21.1 Permitted Uses
21.1.1 The following main uses shall be permitted in Fishing (RF) Zone subject
to the requirements of this By-law:
(a)
Agricultural Uses
(b)
Community Centre
(c)
Craft Food and Beverage Production
(d)
Cultural Facilities
(e)
Farmers' Market
(f)
Government Uses
(g)
Interpretive Centre
(h)
Light Industrial Uses
(i)
Marina
(j)
Marine Industrial Uses
(k)
Marine Recreation Provider
(l)
Parking Structures and Surface Parking Lots
(m)
Parks and Playgrounds
(n)
Place of Worship
(o)
Private Club
(p)
Public Recreation
(q)
Restaurant - Eat-in
(r)
Restaurant - Take-out
(s)
Service and Repair Shop
(t)
Solar Collector System - Commercial
(u)
Trails and Conservation
(v)
Warehousing
(w)
Water Access
(x)
Workshop
69
21.2 Permitted Uses with Conditions
21.2.1 The following main uses shall be permitted in the Fishing (RF) Zone
subject to the requirements of this By-law and any conditions noted:
(a)
Accessory Agricultural Uses - Section 6.2
21.3 Fishing (RF) Zone Development Standards
21.3.1 In the Fishing (RF) Zone, no development permit shall be issued except
in conformance with the following requirements:
Minimum Lot Area
- Serviced Lot
-
-
- Unserviced Lot
3,700 m2
39826.80 ft2
Minimum Lot Frontage
15 m
49.21 ft
Minimum Front/Flankage Setback
0 m
0.00 ft
Minimum Side Setback
- Main Building
0 m
0.00 ft
- Accessory Building
6 m
19.69 ft
Minimum Rear Setback
- Main Building
0 m
0.00 ft
- Accessory Building
12 m
39.37 ft
Maximum Building Height
- Main Building
15.2 m
49.87 ft
- Accessory Building
8 m
26.25 ft
70
22 Parks and Open Space (PO) Zone
22.1 Permitted Uses
22.1.1 The following main uses shall be permitted in Parks and Open Space
(PO) Zone subject to the requirements of this By-law:
(a)
Cemetery
(b)
Community Centre
(c)
Cultural Facilities
(d)
Farmers' Market
(e)
Government Uses
(f)
Interpretive Centre
(g)
Marine Recreation Provider
(h)
Parking Structures and Surface Parking Lots
(i)
Parks and Playgrounds
(j)
Public Recreation
(k)
Solar Collector System - Commercial
(l)
Trails and Conservation
(m)
Water Access
22.2 Permitted Uses with Conditions
22.2.1 The following main uses shall be permitted in the Parks and Open Space
(PO) Zone subject to the requirements of this By-law and any conditions
noted:
(a)
Accessory Agricultural Uses - Section 6.2
(b)
Restaurant - Take-out - Section 22.4
71
22.3 Parks and Open Space (PO) Zone Development Standards
22.3.1 In the Parks and Open Space (PO) Zone, no development permit shall
be issued except in conformance with the following requirements:
Minimum Lot Area
- Serviced Lot
2,700 m2
29062.80 ft2
- Unserviced Lot
2,700 m2
29062.80 ft2
Minimum Lot Frontage
15 m
49.21 ft
Minimum Front/Flankage Setback
6 m
19.69 ft
Minimum Side Setback
- Main Building
6 m
19.69 ft
- Accessory Building
6 m
19.69 ft
Minimum Rear Setback
- Main Building
6 m
19.69 ft
- Accessory Building
6 m
19.69 ft
Maximum Building Height
- Main Building
15.2 m
49.87 ft
- Accessory Building
8 m
26.25 ft
22.4 Special Requirements - Take-out Restaurants
22.4.1 Take-out restaurants in the Parks and Open Space (PO) Zone shall be
limited to a gross floor area of 20 square metres.
72
23 Highway Commercial (HWY) Zone
23.1 Permitted Uses
23.1.1 The following main uses shall be permitted in Highway Commercial
(HWY) Zone subject to the requirements of this By-law:
(a)
Accommodations
(b)
Automobile Body Shop
(c)
Automobile Repair
(d)
Automobile Sales
(e)
Automobile Service Station
(f)
Automobile Washing
(g)
Banks and Financial Institutions
(h)
Commercial Recreation - Indoor
(i)
Commercial Recreation - Outdoor
(j)
Community Centre
(k)
Cultural Facilities
(l)
Electric Vehicle Charging - Commercial
(m)
Emergency Services
(n)
Farmers' Market
(o)
Government Uses
(p)
Interpretive Centre
(q)
Light Industrial Uses
(r)
Medical Clinic
(s)
Parking Structures and Surface Parking Lots
(t)
Parks and Playgrounds
(u)
Place of Worship
(v)
Private Club
(w)
Public Recreation
(x)
Public Transportation
(y)
Restaurant - Drive-through
(z)
Restaurant - Eat-in
(aa)
Restaurant - Take-out
(bb)
Retail Store
73
(cc)
Service and Repair Shop
(dd)
Solar Collector System - Commercial
(ee)
Trails and Conservation
(ff)
Transportation and Logistics
(gg)
Warehousing
(hh)
Water Access
(ii)
Wholesale
23.2 Permitted Uses with Conditions
23.2.1 The following main uses shall be permitted in the Highway Commercial
(HWY) Zone subject to the requirements of this By-law and any
conditions noted:
(a)
Self-Storage Facility - Section 6.24
23.3 Highway Commercial (HWY) Zone Development Standards
23.3.1 In the Highway Commercial (HWY) Zone, no development permit shall
be issued except in conformance with the following requirements:
Minimum Lot Area
- Serviced Lot
925 m2
9956.70 ft2
- Unserviced Lot
2,700 m2
29062.80 ft2
Minimum Lot Frontage
15 m
49.21 ft
Minimum Front/Flankage Setback
3 m
9.84 ft
Minimum Side Setback
- Main Building
6 m
19.69 ft
- Accessory Building
6 m
19.69 ft
Minimum Rear Setback
- Main Building
6 m
19.69 ft
- Accessory Building
6 m
19.69 ft
Maximum Building Height
- Main Building
15.2 m
49.87 ft
- Accessory Building
8 m
26.25 ft
74
24 Commercial Recreation (CR) Zone
24.1 Permitted Uses
24.1.1 The following main uses shall be permitted in Commercial Recreation
(CR) Zone subject to the requirements of this By-law:
(a)
Dwellings - up to 6 dwelling units per lot
(b)
Accommodations
(c)
Boarding (Rooming) Houses - up to 12 sleeping units per lot
(d)
Commercial Recreation - Indoor
(e)
Commercial Recreation - Outdoor
(f)
Community Centre
(g)
Craft Food and Beverage Production
(h)
Cultural Facilities
(i)
Daycare Centre
(j)
Farmers' Market
(k)
Government Uses
(l)
Interpretive Centre
(m)
Drinking Establishment
(n)
Marina
(o)
Marine Recreation Provider
(p)
Parking Structures and Surface Parking Lots
(q)
Parks and Playgrounds
(r)
Private Club
(s)
Public Recreation
(t)
Public Transportation
(u)
Restaurant - Eat-in
(v)
Restaurant - Take-out
(w)
Retail Store
(x)
Small Options Home
(y)
Solar Collector System - Commercial
(z)
Trails and Conservation
(aa)
Water Access
(bb)
Workshop
75
24.2 Permitted Uses with Conditions
24.2.1 The following main uses shall be permitted in the Commercial Recreation
(CR) Zone subject to the requirements of this By-law and any conditions
noted:
(a)
Accessory Agricultural Uses - Section 6.2
24.3 Permitted Uses by Site Plan Approval
24.3.1 The following main uses shall be permitted in the Commercial Recreation
(CR) Zone by Site Plan Approval subject to the requirements of this By-
law:
(a)
Campground (on lots 9,000 square metres in area or greater)
24.4 Permitted Uses by Development Agreement
24.4.1 The following main uses shall be considered in the Commercial
Recreation (CR) Zone by Development Agreement, subject to the
applicable policies in the Municipal Planning Strategy:
(a)
Dwelling - over 6 dwelling units per lot
(b)
Boarding (Rooming) Houses - over 12 sleeping units per lot
(c)
Helipad
(d)
Race Track (on lots 10,000 square metres in area or greater)
(e)
Shooting Range (on lots 10,000 square metres in area or
greater)
76
24.5 Commercial Recreation (CR) Zone Development Standards
24.5.1 In the Commercial Recreation (CR) Zone, no development permit shall
be issued except in conformance with the following requirements:
Minimum Lot Area
- Serviced Lot
2,700 m2
29062.80 ft2
- Unserviced Lot
2,700 m2
29062.80 ft2
Minimum Lot Frontage
15 m
49.21 ft
Minimum Front/Flankage Setback
3 m
9.84 ft
Minimum Side Setback
- Main Building
6 m
19.69 ft
- Accessory Building
6 m
19.69 ft
Minimum Rear Setback
- Main Building
6 m
19.69 ft
- Accessory Building
6 m
19.69 ft
Maximum Building Height
- Main Building
15.2 m
49.87 ft
- Accessory Building
8 m
26.25 ft
77
25 Institutional (I) Zone
25.1 Permitted Uses
25.1.1 The following main uses shall be permitted in Institutional (I) Zone
subject to the requirements of this By-law:
(a)
Dwelling - up to 4 dwelling units per lot
(b)
Cemetery
(c)
Community Centre
(d)
Cultural Facilities
(e)
Daycare Centre
(f)
Emergency Services
(g)
Farmers' Market
(h)
Funeral Home
(i)
Government Uses
(j)
Hospital
(k)
Interpretive Centre
(l)
Medical Clinic
(m)
Nursing Home
(n)
Office
(o)
Parking Structures and Surface Parking Lots
(p)
Parks and Playgrounds
(q)
Place of Worship
(r)
Private Club
(s)
Public Recreation
(t)
Public Transportation
(u)
Residential Care Facility
(v)
School - Academic
(w)
School - Commercial
(x)
School - Post-secondary
(y)
Small Options Home
(z)
Trails and Conservation
(aa)
Water Access
78
25.2 Permitted Uses with Conditions
25.2.1 The following main uses shall be permitted in the Institutional (I) Zone
subject to the requirements of this By-law and any conditions noted:
(a)
Accessory Agricultural Uses - Section 6.2
25.3 Permitted Uses by Development Agreement
25.3.1 The following main uses shall be considered in the Institutional (I) Zone
by Development Agreement, subject to the applicable policies in the
Municipal Planning Strategy:
(a)
Dwelling - over 4 dwelling units per lot
25.4 Institutional (I) Zone Development Standards
25.4.1 In the Institutional (I) Zone, no development permit shall be issued except
in conformance with the following requirements:
Minimum Lot Area
- Serviced Lot
925 m2
9956.70 ft2
- Unserviced Lot
2,700 m2
29062.80 ft2
Minimum Lot Frontage
15 m
49.21 ft
Minimum Front/Flankage Setback
3 m
9.84 ft
Minimum Side Setback
- Main Building
3 m
9.84 ft
- Accessory Building
3 m
9.84 ft
Minimum Rear Setback
- Main Building
6 m
19.69 ft
- Accessory Building
6 m
19.69 ft
Maximum Building Height
- Main Building
15.2 m
49.87 ft
- Accessory Building
8 m
26.25 ft
79
26 Source Water Protection (WP) Zone
26.1 Permitted Uses
26.1.1 The following main uses shall be permitted in Source Water Protection
(WP) Zone subject to the requirements of this By-law:
(a)
Accommodations - up to 3 units per lot
(b)
Dwelling - up to 1 dwelling unit per lot
(c)
Forestry Uses - excluding buildings or structures
(d)
Government Uses
(e)
Parks and Playgrounds
(f)
Public Recreation - excluding buildings or structures
(g)
Trails and Conservation
(h)
Water Access
26.2 Permitted Uses by Site Plan Approval
26.2.1 The following main uses shall be permitted in the Source Water
Protection (WP) Zone by Site Plan Approval subject to the requirements
of this By-law:
(a)
Dwelling - 2 to 4 units per lot
26.3 Source Water Protection (WP) Zone Development Standards
26.3.1 In the Source Water Protection (WP) Zone, no development permit shall
be issued except in conformance with the following requirements:
Minimum Lot Area
- Serviced Lot
350 m2
3,767.40 ft2
- Unserviced Lot
2,700 m2
29,062.80 ft2
Minimum Lot Frontage
10 m
32.81 ft
Minimum Front/Flankage Setback
3 m
9.84 ft
Minimum Side Setback
- Main Building
2 m
6.56 ft
- Accessory Building
1 m
3.28 ft
Minimum Rear Setback
- Main Building
8 m
26.25 ft
- Accessory Building
8 m
26.25 ft
Maximum Building Height
- Main Building
12.2 m
40.03 ft
- Accessory Building
8
26.25
80
27 Watershed Protection (WP-2) Zone
27.1 Permitted Uses
27.1.1 The following main uses shall be permitted in Watershed Protection (WP-
2) Zone subject to the requirements of this By-law:
(a)
Dwellings - up to 4 dwelling units per lot
(b)
Agricultural Uses
(c)
Animal Care
(d)
Boarding (Rooming) House - up to 4 sleeping units per lot
(e)
Community Centre
(f)
Craft Food and Beverage Production
(g)
Farmers' Market
(h)
Forestry Related Uses
(i)
Government Uses
(j)
Medical Clinic
(k)
Parks and Playgrounds
(l)
Place of Worship
(m)
Public Recreation
(n)
Restaurant - Eat-in
(o)
Restaurant - Take-out
(p)
Small Options Home
(q)
Solar Collector System - Commercial
(r)
Trails and Conservation
(s)
Water Access
(t)
Workshop
81
27.2 Permitted Uses with Conditions
27.2.1 The following main uses shall be permitted in the Watershed Protection
(WP-2) Zone subject to the requirements of this By-law and any
conditions noted:
(a)
Accessory Agricultural Uses - Section 6.2
(b)
Home-based Business - Level I - Section 6.12
(c)
Home-based Business - Level II - Section 6.12
(d)
Kennel - Section 6.17
(e)
Retail Store - Section 27.4
27.3 Watershed Protection (WP-2) Zone Development Standards
27.3.1 In the Watershed Protection (WP-2) Zone, no development permit shall
be issued except in conformance with the following requirements:
Minimum Lot Area
- Serviced Lot
-
-
- Unserviced Lot
7,200 m2
77500.80 ft2
Minimum Lot Frontage
15 m
49.21 ft
Minimum Front/Flankage Setback
8 m
26.25 ft
Minimum Side Setback
- Main Building
5 m
16.40 ft
- Accessory Building
5 m
16.40 ft
Minimum Rear Setback
- Main Building
8 m
26.25 ft
- Accessory Building
4 m
13.12 ft
Maximum Building Height
- Main Building
12.2 m
40.03 ft
- Accessory Building
8 m
26.25 ft
27.4 Retail Stores Uses in the Watershed Protection (WP-2) Zone
27.4.1 Within the Watershed Protection (WP-2) Zone, retail stores may be
permitted up to 250.0 square metres (2,690.98 square feet) in gross floor
area.
82
28 Conservation (C) Zone
28.1 Permitted Uses
28.1.1 The following main uses shall be permitted in Conservation (C) Zone
subject to the requirements of this By-law:
(a)
Interpretive Centre
(b)
Parks and Playgrounds
(c)
Public Recreation
(d)
Trails and Conservation
(e)
Water Access
28.2 Conservation (C) Zone Development Standards
28.2.1 In the Conservation (C) Zone, no development permit shall be issued
except in conformance with the following requirements:
Minimum Lot Area
- Serviced Lot
0 m2
0.00 ft2
- Unserviced Lot
0 m2
0.00 ft2
Minimum Lot Frontage
0 m
0.00 ft
Minimum Front/Flankage Setback
0 m
0.00 ft
Minimum Side Setback
- Main Building
0 m
0.00 ft
- Accessory Building
0 m
0.00 ft
Minimum Rear Setback
- Main Building
0 m
0.00 ft
- Accessory Building
0 m
0.00 ft
Maximum Building Height
- Main Building
15.2 m
49.87 ft
- Accessory Building
8 m
26.25 ft
83
29 Comprehensive Development District (CDD) Zone
29.1 Permitted Uses
29.1.1 The following main uses shall be permitted in Comprehensive
Development District Zone subject to the requirements of this By-law:
(a)
Dwelling - Existing
29.2 Permitted Uses by Development Agreement
29.2.1 Uses within the Comprehensive Development District Zone shall be
permitted only by Development Agreement subject to the applicable
policies in the Municipal Planning Strategy.
Minimum Front/Flankage Setback
Per DA
Per DA
Maximum Front/Flankage Setback
Per DA
Per DA
Minimum Side Setback
- Main Building
Per DA
Per DA
- Accessory Building
Per DA
Per DA
Minimum Rear Setback
- Main Building
Per DA
Per DA
- Accessory Building
Per DA
Per DA
Maximum Building Height
- Main Building
Per DA
Per DA
- Accessory Building
Per DA
Per DA
84
30 Floodway (FW) Zone
30.1 Permitted Uses
30.1.1 The following main uses shall be permitted in Comprehensive
Development District Zone subject to the requirements of this By-law:
(a)
Agricultural Uses
(b)
Farmers' Market
(c)
Forestry Related Uses
(d)
Government Uses
(e)
Parks
(f)
Trails and Conservation
(g)
Water Access
30.2 Permanent Structures
30.2.1 No permanent structures shall be permitted in the Floodway (FW) Zone
except for infrastructure owned and operated by any level of government.
30.3 No Disturbance to Bank of Watercourse
30.3.1 Where development occurs, no alteration of land levels (filling or
excavation) shall occur within 30 m of the Ordinary High Water Mark of a
watercourse, except where required for Government Use related
structures.
30.4 No Off-Site Fill
30.4.1 Filling off any soil that did not originate from the Floodway (FW) Zone on
the same lot is prohibited.
85
31 Floodway Fringe (FW-2) Indicator Zone
31.1 Application
31.1.1 The Floodway Fringe (FW-2) Indicator Zone applies in conjunction with
the regular Zone of a property. It is shown as a transparent outline on
Schedule 'A' (Zoning Map) of this by-law, and applies in addition to the
rules of the Zone visible underneath. Development within the Floodway
Fringe Indicator Zone must satisfy all its requirements and additionally all
those requirements of the applicable Zone in which it is located.
31.2 Permitted Uses
31.2.1 Permitted uses in the FW-2 Zone shall include all uses permitted in the
underlying zone, except for the following uses to be prohibited:
(a)
Emergency Services
(b)
Hospital
(c)
Nursing Home
(d)
Residential Care Facility
(e)
Small Options Home
31.3 Floodproofing
31.3.1 All new main buildings in the Floodway Fringe Zone, except for
Government Uses, must be floodproofed as per the requirements of this
Subsection.
31.3.2 No development permit shall be issued for any main building or an
addition thereto unless the following requirements are met:
(a)
Basements shall not be permitted;
(b)
Minimum height of the finished floor elevation shall be equal to
0.1 m above the established 1:100 year flood elevation indicated
on Schedule 'B'(Inland and Coastal Climate Change Flood
Extents).
(c)
There shall not be any filling in of land in areas displayed as
Floodway Fringe with the exception of fill placed to aid in
floodproofing - which fill shall extend 5 feet from the structure and
therefrom slope back to original grade so as to minimize loss of
flood storage capacity;
(d)
Fill material used shall not consist of waste products or refuse;
and
86
(e)
After the footing stage of construction, the property owner shall
provide the Development Officer with a location certificate
prepared by a Professional Surveyor showing the slab elevation.
87
32 Site Plan Approval
32.1 Introduction to Approval Criteria
32.1.1 This Part contains criteria to be considered when approving development
through the site planning process, in addition to all other requirements of
this By-law.
32.1.2 Site plans approvals under this document are intended to be applied in a
flexible manner through a negotiated process between the Applicant and
the Development Officer.
32.1.3 Development shall reasonably meet all site planning criteria of the
following sections, as they apply to certain types of development.
32.1.4 The Development Officer may vary or waive the requirement for
compliance with certain criteria if they are deemed irrelevant for the
quality of the resulting development in the particular context of the
application for site plan approval.
32.2 Residential Site Plan Approval
32.2.1 Where a zone permits dwellings or boarding houses by site plan
approval, the Development Officer shall approve a site plan where the
requirements of this Land Use By-law are complied with and the matters
of this Section have been addressed in consistency with Section 32.1.
Planting, Landscaping and Adverse Effect Mitigation
32.2.2 Landscaping, fencing or similar visual barriers shall be provided around
structures, parking, open storage areas, and waste management facilities
to minimize visual impacts and privacy intrusion on surrounding
residential properties to a reasonable extent.
32.2.3 Where possible, vegetation on-site shall be retained and incorporated
into the site landscaping, particularly for the protection of environmentally
sensitive or significant areas.
32.2.4 Mature trees on the lot shall be preserved whenever possible.
32.2.5 Stormwater run-off from parking areas and other impervious surfaces
shall be addressed.
32.2.6 Where on-site septic systems are employed, potential run-off on
neighbouring properties shall be addressed.
88
Movement Through the Site
32.2.7 Where a sidewalk, trail or similar walking paths are available abutting the
subject site, the primary entrance(s) of all dwelling units shall be
connected to such walking paths by means of a barrier-free (accessible)
pedestrian walkway at least 1.5 metres (4.92 feet) in width and paved
with asphalt, concrete, bricks, or interlocking pavers.
32.2.8 Other pedestrian walkways shall be clearly delineated on the property
and allow for efficient movement throughout the site.
32.2.9 Vehicle access and egress to and from the property shall be clearly
demarcated and designed with pedestrian safety in mind. The
driveway(s) shall not measure more than 3.0 metres (9.84 feet) in width
for single-lane and 6.0 metres (19.68 feet) in width for double-lane
driveways. Where more than one driveway on a public road is sought,
the driveway accesses shall be approved by the government having
authority over that road.
32.2.10 Vehicle circulation on-site shall be designed to support efficient
movement, enable emergency service access, and avoid obvious points
of conflict.
89
32.3 Automobile Shop and Drive-through Site Plan Approval
32.3.1 Where a zone permits automobile service stations, automobile washing,
automobile repair, automobile sales or drive-through restaurants by site
plan approval, the Development Officer shall approve a site plan where
the requirements of this Land Use By-law are complied with and the
matters of this Section have been addressed in consistency with Section
32.1.
Planting, Landscaping and Adverse Effect Mitigation
32.3.2 Landscaping, fencing or similar visual barriers shall be provided around
vehicle queuing areas, sales windows, parking, open storage areas, and
waste management facilities to minimize impacts on neighbouring
properties.
32.3.3 Where possible, vegetation on-site shall be retained and incorporated
into the site landscaping, particularly for the protection of environmentally
sensitive or significant areas.
32.3.4 Stormwater run-off from parking areas and other impervious surfaces
shall be addressed.
32.3.5 Where on-site septic systems are employed, potential run-off on
neighbouring properties shall be addressed.
32.3.6 Impacts on adjacent properties shall be reduced through the use and
careful siting of physical buffers, including, but not limited to, vegetation,
berms, walls, and fences.
32.3.7 Outdoor storage shall not be permitted in the front and flankage yards.
Movement Through the Site
32.3.8 Where a sidewalk, trail or similar walking paths are available abutting the
subject site, the primary entrance to the business shall be connected to
such walking paths by means of a barrier-free (accessible) pedestrian
walkway at least 1.5 metres (4.92 feet) in width and paved with asphalt,
concrete, bricks, or interlocking pavers.
32.3.9 Other pedestrian walkways shall be clearly delineated on the property
and allow for efficient movement throughout the site.
32.3.10 Vehicle access and egress to and from the property is clearly
demarcated and designed with pedestrian safety in mind. The
driveway(s) do not measure more than 3.0 metres (9.84 feet) in width for
single-lane and 6.0 metres (19.68 feet) in width for double-lane
driveways. Where more than one driveway on a public road is sought,
the driveway accesses shall be approved by the government having
authority over that road.
90
32.3.11 Vehicle circulation on-site shall be designed to support efficient
movement, enable emergency service access, and avoid obvious points
of conflict.
32.3.12 Required parking areas shall be located at the side or rear of any new
building.
Location of New Structures
32.3.13 The main buildings shall have a primary facade and a public entrance
facing the street.
32.3.14 New structures shall be located in a manner to be optimally separated
from developments on adjacent lots to minimize negative impacts
including lighting, fumes, or other nuisances deemed relevant by the
Development Officer.
Drive-through Specific Requirements
32.3.15 When a drive-through service or drive-through restaurant abuts a
property with existing dwellings, any intercoms, speakers, and service
windows shall be placed in a location which minimizes impacts on
neighbouring residences.
32.3.16 Stacking lanes of drive-throughs shall not be located between the front
lot line and the main building.
32.3.17 Entrances to drive-through stacking lanes shall be configured as to
minimize conflict with vehicle access points from the street or on-site
automobile parking.
32.3.18 Stacking lanes shall provide an adequate number of queuing spaces,
determined by a qualified professional, and confirmed by the
Municipality, to accommodate peak demand for the proposed use.
91
32.4 Campground Site Plan Approval
32.4.1 Where a zone permits campgrounds by site plan approval, the
Development Officer shall approve a site plan where the requirements of
this Land Use By-law are complied with and the matters of this Section
have been addressed in consistency with Section 32.1.
Campground Property Layout
32.4.2 The lot area dedicated to a campground shall comprise a minimum of
9,000 square metres (2.2 acres).
32.4.3 Campgrounds shall be designed to avoid undue hazards for traffic
circulation or pedestrian hazards.
32.4.4 Campgrounds shall be designed so impacts on adjacent properties are
reduced through the use and careful siting of campsites, berms, fencing,
and natural vegetation.
32.4.5 All building and non-building uses associated with a campground and RV
park, including, but not limited to, campsites, playgrounds, parks,
parking, solid waste, RV pumping stations, roadways, public gathering
areas, washrooms, and outdoor storage, shall be set back a minimum of
25.0 metres (82 feet) from all lot lines.
32.4.6 The development shall have adequate emergency service access.
32.4.7 Garbage, recycling, and refuse collection shall be fully enclosed and
concealed, and they shall be available to all users of the campground.
Any containers used for garbage, recycling, and refuse collection shall be
locking or include mechanisms that prevent access by wildlife.
Landscaping and Grading
32.4.8 Where possible, vegetation on site shall be retained and incorporated
into the site landscaping, particularly for the protection of environmentally
sensitive or significant areas and buffers along the campground
perimeter.
32.4.9 All areas disturbed by development shall be landscaped.
32.4.10 Stormwater management practices shall be integrated in the site concept
to adequately dispose, retain, and manage stormwater and surface
water.
32.4.11 Where on-site septic systems are employed, potential run-off on
neighbouring properties shall be addressed.
92
Campsites Spaces
32.4.12 Each campsite shall be clearly delineated on the site plan.
32.4.13 Any fireplaces and wood burning devices shall be located a minimum of
30.0 metres (98.42 feet) from all lot lines.
Movement through the Site
32.4.14 Pedestrian walkways and trails within the camping site shall be clearly
delineated on the plan.
32.4.15 Where a sidewalk, trail or similar active transportation infrastructure abut
the subject site, the on-site paths and trails shall connect to the external
walkways wherever possible.
32.4.16 Vehicle access and egress to and from the campground shall be clearly
demarcated and designed with pedestrian safety in mind. Where more
than one driveway on a public road is sought, the driveway accesses
shall be approved by the government having authority over that road.
32.4.17 Vehicle circulation on-site shall be designed to support efficient
movement, enable emergency service access, and avoid obvious points
of conflict.
93
32.5 Scrap Yard Site Plan Approval
32.5.1 Where a zone permits scrap yards by site plan approval, the
Development Officer shall approve a site plan where the requirements of
this Land Use By-law are complied with and the matters of this Section
have been addressed in consistency with Section 32.1.
32.5.2 Landscaped buffers, fencing, or similar visual barriers shall be provided
in all locations where parked vehicles, technical parts, garbage, or other
debris could be otherwise seen from adjacent lots or streets.
32.5.3 Where possible, vegetation on-site shall be retained and incorporated
into the site landscaping, particularly for the protection of environmentally
sensitive or significant areas.
32.5.4 A detailed stormwater management plan, prepared by a Professional
Engineer or Landscape Architect licensed to practice in Nova Scotia shall
be included within the site plan.
32.5.5 No storage or deposit areas shall be located within 30.0 metres (98.42
feet) from the ordinary high water mark of any watercourse or the ocean.
32.5.6 Impacts on adjacent properties shall be reduced through the use and
careful siting of physical buffers, including, but not limited to, berms and
walls, and by maximizing the setback distance of any scrap metal
presses and similar equipment from neighbouring properties.
94
33 Definitions
A
Accessory Agricultural Use means the use of land and structures for agricultural
activities on a hobbyist scale accessory to a dwelling or community gardens.
Accessory Building means a subordinate building or structure on the same lot as the
main building devoted exclusively to an accessory use, but does not include a building
attached in any way to the main building or a building located completely underground.
Accessory Use means a use subordinate and naturally, customarily, and normally
incidental to and exclusively devoted to a main use of land or main building and located
on the same lot.
Accommodation means the provision of a building, buildings, or part thereof to the
travelling public, for payment or compensation, for a period of 28 days or less, and may
include, but is not limited to, tourist facilities such as hotels; motels; hostels; and entire
home, individual room, cottage, cabin, geodesic dome, or yurt rentals.
Act means, unless otherwise specified, the Municipal Government Act of the Province
of Nova Scotia, as amended.
Agricultural Use means a use of land and buildings for farming, dairying, pasturage,
agriculture, apiculture, floriculture, horticulture, viticulture and animal husbandry and the
necessary accessory uses for packing, storing or treating agricultural crops or produce;
fertilizer production from organic matter; on-farm brewing, on-farm wine-making, on-
farm cheese making, and similar uses; the sale of farm produce to the general public;
and tourism activities related to on-site agricultural activities, such as u-picks, guided
tours or hay rides; and shall include the use of buildings and land for the preparation
and production of food product meant for animals.
Alter means to change a structural component of a building, or to increase or decrease
the volume of a building or structure.
Animal Care means the use of land, buildings, or structures for the care of animals and
includes veterinary care, grooming, and day care but does not include the breeding of
animals or overnight boarding.
Automobile Body Shop means the use of a building or premises primarily for the
commercial repair of damage to the chassis and shell of an automobile, including major
and minor collision damage, frame and panel straightening, repainting, and refinishing
and similar activity.
95
Automobile Service Station means the use of building or part thereof or a clearly
defined space on a lot used for washing of motor vehicles and/or the retail sale of liquid
or compressed gas automobile fuels and lubricating oils and may include the sale of
automobile accessories and the minor servicing and minor repairing essential to the
actual operation of motor vehicles but does not include an automobile repair shop,
automobile sales, or automobile body shop.
Automobile Repair means the use of a building or part thereof for the repair and
service of motor vehicles and may include muffler, brake, radiator, engine, tire, glass
replacement, wheel alignment, and other specialized activities directly related to the
repair or alteration of motor vehicles, but shall not include paint and body repairs, the
manufacture or fabrication of motor vehicle parts for the purpose of sale, or the retailing
of gasoline or other fuels.
B
Bed and Breakfast see Home-based Business.
Boarding (Rooming) House means a dwelling in which the proprietor rents out two or
more separate boarding house sleeping units within a dwelling unit but does not include
rooms advertised to the travelling public.
Boarding House Sleeping Unit means a habitable room or rooms that are part of a
boarding house and contain sleeping quarters for the use of tenants which are rented
individually, but do not contain a private washroom and kitchen within the unit.
Bona Fide Access means a private road which is created using bona fide access
provisions of the Subdivision By-law, and while it is neither designed nor constructed, is
intended to be used as the actual access to lots being created.
Building means any structure, whether temporary or permanent, used or built for the
shelter, accommodation, or enclosure of persons, animals, materials, or equipment, but
does not include frames for sheltering crops.
Building Supply and Equipment Depot means the use of buildings or land for the
storage of materials and equipment in support of a building and construction-related
trade such as, but not limited to, carpenters, electricians, masons, landscapers, and
plumbers.
96
C
Campground means a plot of ground upon which four or more campsites are located,
established, or maintained for occupancy by camping units as temporary living quarters
for recreation, education, or vacation purposes.
Camping Unit means any tent, trailer, cabin, lean-to, recreation vehicle or similar
structure established or maintained and operated as temporary living quarters for
recreation, education, or vacation purposes.
Cemetery means the use of land for the burial of the dead and related purposes, such
as a columbaria and mausoleums, and excludes a crematorium use, which is included
in the definition of funeral home.
Central Sewer System means a system of piping and plant for the collection,
transportation, and treatment of sewage from multiple lots, of such design and
installation as to satisfy the requirements of all agencies concerned both Provincial and
municipal.
Clinic means a building or part of a building used for medical, dental, surgical, or
therapeutic treatment of human beings but does not include a public or private hospital.
Community Centre means any building or buildings, or any part of any buildings used
for community activities whether used for commercial purposes or not, the control of
which is vested in the Municipality, a local board or agent thereof, or a non-profit
organization.
Commercial Recreation, Indoor means any land use that offers active or passive
recreation for monetary gain for the operator of the site and includes but is not limited to
cinemas, concert and performance halls, spectator venues, game rooms, escape
rooms, bowling alleys, and indoor paintball fields.
Commercial Recreation, Outdoor means any land use that offers active or passive
recreation for monetary gain for the operator of the site and includes but is not limited to
ski hills, golf courses, gondolas, equestrian centres, and archery ranges, but shall not
include shooting ranges and race tracks.
Corner Vision Triangle means that part of a corner lot adjacent to the intersection of
the exterior lot lines measured from such intersection a distance of 2.0 metres along
each such street line and joining such points with a straight line. The triangular shaped
land between the intersecting lines and the straight line joining the points the required
distance along the street lines shall be known as the 'corner vision triangle'.
Craft Food and Beverage Production means the use of a building or part thereof for
the production of:
97
(a)
specialized food products intended for retail sale;
(b)
not more than 150,000 hectolitres of beer, wine, mead, premixed
cocktails, kombucha, or non-alcoholic beverages in a year;
(c)
or not more than 75,000 litres of distilled spirits in a year; and
may include public tasting and retail sales of the product but
does not include a restaurant or drinking establishment unless
those uses are permitted as a main use in the applicable use
zone.
Council means the Council of the Municipality of the County of Inverness.
Cultural Facilities means the use of land, buildings, or part thereof, for the promotion
of art, culture, and learning and without limiting the generality of the foregoing includes
public art galleries, libraries, museums, performance arts theatres, visual arts centres,
and other similar uses.
D
Day Care Centre means the use of a building or part thereof for the care of people
without overnight accommodation, but does not include a school.
Development means the erection, construction, alteration, replacement, or relocation of
or addition to, any structure and any change or alteration in the use made of land or
structures.
Development Agreement means an agreement between a land owner and the
municipality as enabled and regulated by the Municipal Government Act.
Development Officer means the officer of the Municipality of the County of Inverness
with the duty of administering the provisions of the Land Use By-law as appointed by
Council.
Drinking Establishment means premises that serve alcoholic beverages with or
without food.
Dwelling means a building occupied or capable of being occupied as a home,
residence or sleeping place by one or more persons, containing one or more dwelling
units, but shall not include a hotel, a motel, or a recreational vehicle.
Dwelling Unit means one or more habitable rooms intended for use by one household
or more individuals as an independent and separate housekeeping establishment. A
dwelling unit shall be located inside a dwelling and include both kitchen and sanitary
facilities provided for the exclusive use of the individual or individuals within that unit,
and shall also include a private entrance from outside the building or from a common
hallway or stairway inside the building. A Dwelling Unit shall include a small options
home.
98
E
Effective Date means the day when upon adoption by the Council of the Municipality of
the County of Inverness and approval by the Minister of Municipal Affairs, this By-law
took effect by means of a notice that was published in a newspaper. For greater clarity,
it means the first and initial date of coming into force and excludes any dates of later
amendments to the document.
Electric Vehicle Charging, Commercial means infrastructure that supplies energy for
the charging of electric vehicles, such as plug-in electric and hybrid vehicles, for
remuneration. For greater clarity, electric vehicle charging provided for free as a service
to customers of a main use of land, such as accommodations or a retail shop, is not
considered "commercial".
Emergency Services means the use of a building or land for the protection of public
health, safety, and property and shall include, but is not limited to, fire stations,
ambulance depots, police stations, and search-and-rescue facilities, but does not
include a correctional facility.
Erect means to build, construct, reconstruct, alter, or relocate and without limiting the
generality if the forgoing shall be taken to include any preliminary physical operation
such as excavating, grading, piling, cribbing, filling or draining, or structurally altering
any existing building or structure by an addition, deletion, enlargement or extension.
Existing means a structure, use or road lawfully in operation, in existence or under
construction on the specified date or, if no date is specified, on the effective date of this
By-law. Existing means also a structure, use or road which has lawfully received all
required permits for its construction or uses and such permits are not older than twelve
(12) months.
99
F
Farmers' Market means the use of land, buildings, structures, or part thereof by five or
more vendors where the greater part of the goods for sale are products of the farm, the
forest, or the sea, whether in their natural form or processed by the vendor, and the
remainder of the goods are craft products produced by the vendors or their immediate
families.
Footprint means the total ground floor area of a building enclosed within the exterior
faces of the exterior walls, and for the purpose of this definition the walls forming a
courtyard shall be deemed to be exterior walls.
Forestry Related Use means the use of land or buildings for the production of timber or
pulp and uses associated with the forestry industry, including saw mills, maple sugaring
operations, Christmas tree upicks, tree nurseries, shingle mills, forestry vehicle and
equipment storage, maintenance buildings and yards, and wholesale outlets for wood
and wood products.
Funeral Home means the use of a building or part thereof for the preparation,
temporary display, and/or funeral ceremony of deceased persons or domestic pets and
may include a crematorium.
G
Government Uses means a municipal, provincial or federal government office,
courthouse, registry office, health clinic, welfare center, employment office, post office,
buildings required for other government service delivery including municipal servicing or
a building of any government agency or crown corporation.
Grade means
(a)
when used in reference to a building or structure, the average
elevation of the finished surface of the ground where it meets the
exterior of foundation of the building or structure, exclusive of any
artificial embankment or entrenchment; or
(b)
when used in reference to a street, road, or highway, the
elevation of the street, road, or highway established by the
Municipality or other designated authority.
Gross Floor Area means the sum 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, and for the purpose of this definition, the walls forming a courtyard shall be
deemed to be exterior walls.
100
H
Heavy Industrial means the use of land or buildings for manufacturing, assembly,
and/or processing and which use may be located in whole or in part to the exterior of
the building and which use, by the nature of its operation may cause land use conflicts.
This definition shall not include marine industrial uses but shall include, but is not limited
to, explosives, petrochemical, coke, or paint plants; rendering or poultry plants;
tanneries; abattoirs; refineries; or industrial cleaners.
Helipad means a landing surface designed for take-offs and landings of helicopter
aircrafts that can be located on the ground or affixed to a structure. Helipads can usually
be considered as an accessory use where the main use on a lot is either a hospital or a
federally regulated airport.
Height means the vertical distance on a building or structure between the established
grade and:
(a)
the highest point of the roof surface or the parapet, whichever is
greater, of a flat roof;
(b)
the deck line of a mansard roof;
(c)
the mean level between the eaves and ridges of gabled, hip,
gambrel, or other type of pitched roof;
(d)
excluding any construction used as ornament or for the
mechanical operation of the building or structures, a mechanical
penthouse, chimney, tower, cupola, or steeple.
Home-based Business means a business activity that is accessory to a dwelling and
involves the provision or sale of goods and/or services to the public and where the
dwelling is the principal residence of the business operator.
Hospital means an institution for the treatment of persons afflicted with or suffering
from sickness, disease or injury and may or may not include a medical clinic.
I
Interpretive Centre means the use of a building or structure or part thereof to
communicate to the public the historical, scientific, or cultural information about a
location and/or to provide tourism and wayfinding information to the public.
J
K
101
Kennel means the use of land, a building, or part thereof for a commercial
establishment where dogs and other domestic animals, excluding livestock, are bred,
raised and sold, and/or boarded.
L
Landscaping means any combination of trees, shrubs, flowers, grass, or other
horticultural elements, decorative stonework, paving, grading, screening or other
architectural elements, all of which is designed to enhance the visual amenity of a
property or to provide a screen or barrier to mitigate any objectionable aspects that may
detrimentally affect adjacent land.
Light Industrial means the use of a building for machining, manufacturing, assembly,
and/or processing and such use shall be wholly contained within the building and shall
not include explosives, petrochemical, coke, or paint plants; rendering or poultry plants;
tanneries; abattoirs; refineries; or industrial cleaners.
Loading Space means a vacant area of land provided and maintained upon the same
lot or lots upon which the principle use is located and which area:
(a)
able for the temporary parking of at least one commercial motor
vehicle while merchandise or materials are being loaded or
unloaded from such vehicles;
(b)
is not upon or partly upon any street or highway.
102
Lot means any parcel of land described in a deed or as shown in a registered plan of
subdivision.
Corner lot means a lot situated at the intersection of and abutting on two or more
streets. The shorter lot line shall be deemed the front lot line of the said lot.
Through lot means a lot, which is not a corner lot, with frontage on more than one
street.
Flag Lot means a lot that meets the minimum lot frontage requirements of the
zone in which it is located but contains a prolongation or "pole" that extends from
the lot frontage to the main body of the lot and has a width less than the minimum
lot frontage permitted in the applicable zone.
Lot Area means the total horizontal area within the lot lines of a lot.
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
midpoints of the front and rear lot lines.
Lot Frontage means the length of the straight line between the two points where the
side lot lines intersect the front lot line along any public street or private road. Where the
front lot line is not straight or where it meets one or more side lot lines at an angle of
less than 80 degrees or more than 100 degrees,
(a)
establish a line joining the midpoint of the front lot line with the
midpoint of the rear lot line or, in the case of a triangular lot, with
the apex of the triangle formed by the side lot lines;
(b)
establish the point on the line established in (a) that is the
distance of the minimum front setback required in the applicable
zone from the street; and
(c)
measure the distance between the side lot lines along the line
perpendicular to the line established in (a) at the point
established in (b).
Lot Line means a boundary line of a lot.
Flankage lot line means any lot line on a corner lot which abuts the street but is
not the front lot line or rear lot line.
Front lot line means the line dividing the lot from the street; in the case of a
corner lot the shortest boundary line abutting the street shall be deemed the front
lot line and the longer boundary line(s) abutting the street shall be deemed the
flankage lot line(s) and where such lot lines are of equal length the front lot line
shall be any of the lot lines abutting a street. In the case of a through lot, any
boundary dividing the lot from a street may be deemed to be the front lot line.
Rear lot line means the lot line furthest from or opposite to the front lot line.
103
Side lot line means a lot line other than a front, rear, or flankage lot line.
M
Main Building means the building in which the principal purpose for which the building
lot is used.
Main Wall means the exterior front, side or rear wall of a building, and all structural
members essential to the support of a fully or partially enclosed space or roof.
Manufacturing means the production, compounding, processing, packaging, crafting,
bottling, packing or assembling of raw or semi-processed or fully-processed goods or
materials, and shall include a recycling operation completely contained within a building.
Marina means a facility where boats may be docked or moored and where fuel and
other marine supplies are sold to the boating public
Marine Industrial means the use of land, buildings, or part thereof for activities related
to shipbuilding and repair, the commercial fishery, and the provisioning of ships and
shall include, but is not limited to, boatyards, fish processing, shipbuilding and repair,
ship chandlering, and the storage of commercial fishing gear.
Marine Recreation Provider means the use of land, buildings, or structures for a
commercial business that, due to its nature of the use, relies on the sea or ocean as an
integral part of its operation, including but not limited to boat tours, canoe and kayak
rentals, and jet ski rentals, but does not include uses related to the commercial fishing
industry.
Medical Clinic means the use of a building or part thereof where medical or therapeutic
diagnosis and/or treatment services are provided to the general public, but does not
include a public or private hospital.
Municipality means the Municipality of the County of Inverness.
104
N
Nursing Home means an extended or immediate care facility licensed under the
Homes for Special Care Act, or successor legislation, to provide full time skilled nursing
care to individuals who, by reason of age, chronic illness or infirmity, are unable to care
for themselves.
O
Obnoxious Use means a use which, from its nature or operation creates a nuisance or
is offensive by the creation of noise or vibration, or by reason of the emission of gas,
fumes, dust, oil or objectionable odour, or by reason of the unsightly storage of goods,
wares, merchandise, salvage, refuse matter, waste or other material.
Open Space means uses related primarily to the outdoor enjoyment of lands, including
recreational uses, accessory buildings to a beach including change rooms and
washrooms, boardwalks and nature interpretation stands, canteens, conservation
projects, information stands, marina facilities and picnic areas and facilities.
Ordinary High Watermark means:
(a)
For non-tidal waters, the limit or edge of the bed of a body of
water where the land has been covered by water so long as to
wrest it from vegetation or as to mark a distinct character upon
the vegetation where it extends into the water or upon the soil
itself; and
(b)
For tidal waters, the mark on the seashore reached by the
average of the mean high tides of the sea between the spring
and neap tides in each quarter of a lunar revolution during the
year excluding only extraordinary catastrophes or overflows.
Outdoor Display means an area of land where goods are displayed and which are
available for sale to the general public from a retail outlet located on the same lot.
Outdoor Storage means the storage of any item located outside of a building not
primarily for the encouragement of sale of the item or of similar items at that location,
but primarily for storage purposes.
P
Person means an individual, association, firm, partnership, corporation, 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.
105
Personal Service Shop means a building or part of a building in which persons are
employed in furnishing services and otherwise 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 shops, and depots for
collecting dry cleaning and laundry, but excludes any manufacturing or fabrication of
goods for sale.
Place of Worship means a place dedicated to religious worship and may include, but is
not limited to, halls or auditoriums for religious gathering, accessory office space for
administrators, day nurseries operated for patrons, and classroom space for religious
instruction.
Private Club means the use of a building or part thereof for a meeting place for
members of an organization and may include a lodge, a legion, a fraternity or sorority
house, and a labour union hall.
Private Road means a private street or road as defined in the Subdivision By-law of the
Municipality of the County of Inverness.
Professional Office means a building or structure where business may be transacted,
a service performed or consultation given but shall not include the manufacturing of any
product or the retailing or selling of goods.
Public and Private Utilities means a closely regulated enterprise with a franchise for
providing to the public a utility service deemed necessary for the public health, safety
and welfare.
Public Recreation means the use of land, buildings, or parts thereof for tennis courts,
lawn bowling greens, skating rinks, skateboard parks, athletic fields, band shells,
pavilions, outdoor swimming pools, recreational boat launches, and similar uses to the
foregoing, together with necessary and accessory buildings and structures, but not
including indoor commercial recreation or outdoor commercial recreation or a track for
the racing of animals, or any form of motorized vehicles.
Public Road means a public street or road as defined in the Subdivision By-law of the
Municipality of the County of Inverness.
Public Transportation means the use of land, buildings, or part thereof for the
transportation of passengers and related activities and includes bus stations, taxi
stands, and railway stations but does not include airports.
Q
Qualified Person means an individual who has undergone proper educational training
and gained experience and expertise to become certified or recognized as able to
106
practice in a particular profession in the province of Nova Scotia and, if required by
applicable legislation, is a member in good standing in the professional body
representing and/or regulating the profession in Nova Scotia.
R
Race Track means the use of land for the purpose of racing motorcycles, all terrain
vehicles, automobiles, or similar motorized vehicles, and animals, including, but not
limited to, horses or dogs, over a constructed track or course or where the continuous
use of land creates a track or course.
Recreational Vehicle ("RV") means a vehicle intended as temporary accommodation
for travel, vacation, or recreational use. Such vehicles may include, but are not limited
to, a motor home, fold-down camping trailer, truck camper, holiday trailer, or fifth wheel
travel trailer, but does not include any vehicle that meets the definition of a derelict
vehicle under the Municipal Government Act.
Recycling Depot means premises on which recoverable materials, such as paper,
glass and metals are separated prior to shipment, but does not include any processing
of the material and does not include a scrap yard.
Renewable Energy Generation System means any device or group of devices that
converts an energy from natural sources such as ocean waves or tides, rivers,
geothermal, or biomass to electrical energy, but does not include energy generation
from fossil fuels or nuclear power and does not include wind turbines or solar panels,
which are covered under separate definitions.
Residential Care Facility means the use of a building or part thereof as a family home,
group care facility, or similar facility for the non-medical care of more than six persons in
need of personal services, supervision, or assistance essential for sustaining the
activities of daily living or for the protection of the individual, but does not include a
facility licensed by Corrections Canada or Nova Scotia Corrections or successor bodies.
107
Restaurant means a building or part thereof where food and/or drink intended for
immediate consumption is prepared and served to the public.
Restaurant, Drive-through means a restaurant or part thereof where the intent is
to provide food and/or drink to customers while they remain in their motor vehicles.
Restaurant, Eat-in means a restaurant or part thereof where food and/or drink
may be consumed within the building or on an attached, formalized outdoor space.
Restaurant, Take-out means a restaurant or part thereof that does not provide
facilities for consumption of food or drink on the premises, or only provides
informal outdoor eating facilities, such as picnic tables.
Retail Store means a building or part thereof in which goods, wares, merchandise,
substances, articles or things are offered or kept for sale directly to the public at retail.
S
School, Academic means the use of a building or part thereof as an educational
establishment, whether public or private, intended for the academic instruction of
students up to the completion of Grade 12, and may include elementary schools, junior
high schools, high schools, and consolidated schools, but does not include daycares as
the main use.
School, Commercial means the use of a building or part thereof as an educational
establishment, whether public or private, intended for instruction in extracurricular
activities and/or vocational skills and shall include, but is not limited to, dance schools,
music schools, sports schools, driving schools, culinary institutes, hair schools,
computer schools, and other similar schools, but does not include post-secondary
schools.
School, Post-secondary means the use of a building or part thereof as a degree- or
diploma-granting public educational establishment intended for the academic instruction
of students after the completion of Grade 12.
Scrap Yard means the use of land for keeping or storing used bodies or parts of
automobiles or any other type of used equipment, vehicles, machinery, or materials of
any kind, regardless of whether such use occupies all or a part of the lot or lots upon
which it is located, or whether it is a use operated for commercial or other purposes, or
whether the use is subject to salvage yard licensing requirements of the Province of
Nova Scotia.
Self-storage Facility means the use of a building, collection of buildings, or part thereof
for individual, small, self-contained units that are leased or owned for the storage of
business or household goods or contractor supplies.
108
Senior Citizens' Housing means multifamily housing designed for older people. This
type of housing can also refer to an adult retirement community, assisted living facility,
congregate residences or continuing care retirement facility.
Service and Repair Shop means a building or part thereof used for the repair of
household articles and shall include computer, phone, television, and appliance repair
shops but shall not include industrial or manufacturing or motor vehicle repair shops.
Serviced Lot means a lot that is serviced by a central sewer system.
Setback means the distance between a street line, watercourse or natural feature and
the nearest main wall of any building or structure and extending the full width or length
of the lot.
Setback, Flankage means the horizontal distance measured from the flankage lot
line and the nearest main wall of any building or structure on the lot.
Setback, Front means the horizontal distance extending the full lot width, between
the front lot line and the nearest main wall of any building or structure on the lot.
Setback, Rear means the horizontal distance extending across the full lot width,
between the rear lot line and the nearest wall of any main building or structure on
the lot.
Setback, Side means the horizontal distance between the front setback and rear
setback, and between the side lot line and the nearest wall of any main structure
on the lot.
Shipping Container means an article of transportation equipment, including one that is
carried on a chassis, that is strong enough to be suitable for repeated use and is
designed to facilitate the transportation of goods by one or more means of
transportation and includes, but is not limited to, intermodal freight containers (sea
containers) and the body of transport trailers or straight truck boxes, but does not
include a motor vehicle.
Shooting Range means the use of land or buildings for sport shooting including, but
not limited to, sport shooting that involves the use of rifles, shotguns, pistols,
silhouettes, skeet, trap, black powder or other similar items.
Shoreline means the ordinary high watermark of a coastal or other body of water.
Sign means a structure, device, light or natural object including the ground itself, or any
part thereof, or any device attached thereto, or painted or represented thereon, which
shall be used to justify, advertise, or attract attention to any object, product, place,
activity, person, institution, organization, firm, group, commodity, profession, enterprise,
industry or business, or which shall display or include any letter, work, model, number,
banner, 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. The word "sign" shall include signs that are affixed to the inside of
109
windows and glass doors and is intended to be seen from roadways or parking lots. No
other indoor sign shall be deemed a sign within this By-law.
Ground Sign means a sign supported by one or more uprights, poles or braces
placed in or upon the ground.
Illuminated Sign means a sign that provides artificial light directly, or through any
transparent or translucent material, from a source of light connected with such
sign, or a sign illuminated by a light focused, upon or chiefly directed at the surface
of the sign.
Mobile Sign means any sign not permanently affixed to the ground or to a
building, including any sign attached to or displayed on a vehicle or trailer that is
used for the expressed purpose of advertising a business establishment, product,
service, or entertainment, when that vehicle is so parked as to attract the attention
of the motoring or pedestrian traffic.
Number of Signs means a sign shall be considered to be a single display surface
or display device containing elements organized, related and composed to form a
unit. Where matter is displayed in a random manner without organized relationship
or elements, or where there is reasonable doubt about the relationship of
elements, each element shall be considered to be a single sign.
Projecting Sign means a sign which projects from and is supported by a wall of a
building.
Roof Sign means any sign erected upon, against, or directly above a roof or roof
eave, or on top or above the parapet, or on a functional architectural appendage
above the roof or roof eave.
Sign Area means the area of the smallest triangle, rectangle, or circle or semi-
circle that can wholly enclose the surface area of the sign. All visible faces of a
multi-faced sign shall be counted separately and then totaled in calculating sign
area. Three dimensional signs shall be treated as dual-faced signs, such that the
total area shall be twice the area of the smallest triangle, rectangle, or circle or
semi-circle, which can totally circumscribe the sign in the plan of its largest
dimension.
Third Party Sign means a sign that advertises a business that is not situated on
the same lot on which the sign is placed.
Wall Sign means a sign that is attached to and supported by wall of a building.
Small Options Home means the use of a building or part thereof for a family home,
group care facility, or similar facility for the non-medical care for not more than six
persons in need of personal services, supervision, or assistance essential for sustaining
the activities of daily living or for the protection of the individual, but does not include a
facility licensed by Corrections Canada or Nova Scotia Corrections or successor bodies.
110
Storey means the portion of a building between any floor and the floor, ceiling or roof
next above, provided that any portion of a building partly below grade level shall not be
deemed a storey unless its ceiling is at least 1.8 metres (6 feet) above grade and
provided also that any portion of a storey exceeding 4.3 metres (14 feet) in height shall
be deemed an additional storey for each 4.3 metres (14 feet) or fraction thereof of such
excess.
Street means a public road or private road.
Street Line means the boundary line of a street.
Structure means anything that is erected, built or constructed or parts joined together
or any such erection fixed to or supported by the soil or by any other structure. A
structure shall include buildings, walls, and signs and also fences exceeding 1.8 metres
(6 feet) in height.
Solar Collector System means a structure or array of structures, and ancillary
equipment, designed to collect solar radiation and convert it to useable forms of energy.
Without restricting the generality of this definition, solar collector system may include
evacuated tubes, flat plate collectors, concentrating mirrors, and building-integrated
photovoltaic materials but does not include windows or greenhouses.
Solar Collector System, Accessory means a solar collector system designed
and sized with a primary purpose to offset or meet the energy needs of other uses
on the site. While such systems may generate, on an annual basis, a small
monetary profit through programs such as net metering, such profits shall be
secondary and incidental to the purpose of offsetting on-site energy needs.
Solar Collector System, Commercial means a solar collector system designed
and sized with a primary purpose to provide electricity or other forms of energy to
the grid or other off-site uses.
111
T
Transportation and Logistics means the use of a building, structure, land, or part
thereof used for the purpose of transporting any kind of item or thing by truck or other
vehicle, including, but not limited to, loading facilities, storage, and maintenance
facilities, but does not include the transport of people.
U
Unserviced Lot means a lot that is not serviced by a central sewer system.
Use means the purpose for which any land, building, or structure is utilized.
V
Variance means a relaxation or reduction of the Land Use By-law requirements for a
specific site, as stipulated in the Municipal Government Act.
W
Warehousing means the use of a building or part thereof for the storage of personal,
commercial or industrial wares or goods, excluding retail stores and self storage
facilities.
Water Access means the use of land or structures to provide watercraft access to
marine or fresh water bodies and shall include, but is not limited to, wharves, docks,
slipways, ramps, quays, and marine railroads.
Watercourse means the bed and shore of every river, stream, lake, ocean, creek,
pond, spring, lagoon, swamp, marsh, wetland, ravine, gulch or other natural body of
water, and the water therein, including ground water, within the jurisdiction of the
Province, whether it contains water or not.
Water Frontage means the length of a lot line abutting a water body, measured along
the Ordinary High Water Mark of as defined in the Nova Scotia Land Surveyors
Regulations.
Wetland means an area that is inundated or saturated by surface water or groundwater
at a frequency and duration sufficient to support, and that under normal circumstances
does support, a prevalence of vegetation typically adapted for life in saturated soil
conditions.
112
Wind Turbine means a device for converting wind power to electricity.
Workshop means the use of a building or part thereof for the creation of products
assembled or made by hand or by small custom production processes including (but not
limited to) potters, pewterers, goldsmiths, silversmiths, jewellers, toymakers, leather
workers, upholsterers, woodworkers, furniture makers, musical instrument makers,
clothing designers, clothesmakers, shoemakers, antique refinishers, glass workers,
stained glass workers and sailmakers. This definition shall also include "maker spaces".
X
113
Y
Yard means the uncovered space on a lot appurtenant to a building (except a court)
and unoccupied by buildings or structures except as specifically permitted elsewhere in
this By-law. In determining yard measurements, the minimum horizontal distance from
the respective lot lines to the building shall be used.
Flankage Yard means a yard extending across the full width of a lot between the
flankage lot line and the nearest wall of any building or structure on the lot.
Front Yard means a yard extending across the full width of a lot between the front
lot line and the nearest wall of any building or structure on the lot.
Rear Yard means a yard extending across the full width of a lot between the rear
lot line and the nearest wall of any main building or structure on the lot.
Side Yard means a yard extending from the front yard to the rear yard of a lot
between a side lot line and the nearest wall of any building or structure on the lot.
Z
Zone means a designated area of land shown on Schedule 'A' of this By-law.
114
34 Schedules
34.1.1 Schedules form an official part of this By-law.
34.1.2 Appendices are for information purposes and may be changed by
resolution of Council without formally amending this By-law.
Schedule 'A' - Zoning Map
Schedule 'B' - Margaree River Flood Line Mapping - Final
(Inland and Coastal Climate Change Flood Extents)
_______
115
Appendix 'A' - Enabling Planning Application Policy Overview
Development Agreements
Use
Zone
MPS Policy
Adaptive reuse of former
institutional buildings
Any Zone
4-43
Development in CDD
Comprehensive Development
District (CDD)
3-74
Developments not meeting design
requirements
Main Street (MS)
3-57
Heavy Industrial Uses / Solid Waste
Disposal
Rural Industrial
3-21
Marinas
Lakeshore Zone (LF)
3-31
Non-accessory helipads
Light Industrial Centre, Rural
Commercial (RC), Rural Industrial,
Commercial Recreation (CR)
4-26
Private Solid Waste Disposal Sites
Rural Industrial
4-34
Race tracks and shooting ranges
Commercial Recreation (CR)
3-97
Renewable Energy Generation
Systems
Agricultural Potential (AP)
3-27
4-59
Residential over 3 dwelling units
Institutional
3-107
Residential over 6 dwelling units,
Boarding over 6 sleeping units
Hamlet Residential (HR)
3-40
Residential over 6 dwelling units
Residential Centre (R)
3-68
Residential over 12 dwelling units,
Boarding over 12 sleeping units
General Centre (GC)
3-62
Residential over 6 dwelling units
and Boarding over 12 sleeping units
Commercial Recreation (CR)
3-98
Land Use By-law Amendments
Use
Designation
MPS Policy
To Rural General
Rural
3-10
To Rural Commercial
Rural
3-15
To Rural Industrial
Rural
3-20
To Lakeshore
Rural
3-30
To Fishing
Any
3-91
To Parks and Open Space
Any
3-94
To Commercial Recreation
Any
3-100
To Highway Commercial
Any
3-102
To Institutional
Any
3-105
Rezoning to another zone permitted
in the same or abutting designation
See details in Policy
6-15
Mapping error corrections
See details in Policy
6-15