This is the exact embedded text of the captured official document.
Snapshot 44582aae0970 · verified 2026-09-27 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
Approved by Council July 29, 2026
MODL Land Use By-law | Page 1
Municipality of the District of Lunenburg
Land Use By-law
(MODL By-Law 049)
First Reading by Council: July 14, 2026
Second Reading by Council: July 29, 2026
EFFECTIVE DATE: Insert date
Approved by Council July 29, 2026
MODL Land Use By-law | Page 2
(page left blank for printing purposes)
Approved by Council July 29, 2026
MODL Land Use By-law | Page 3
Table of Contents
1
Title and Purpose ............................................................................................... 8
1.1
Title ................................................................................................................................. 8
1.2
Purpose ......................................................................................................................... 8
2
Interpretation .................................................................................................... 9
2.1
Certain Words .............................................................................................................. 9
2.2
Conflict .......................................................................................................................... 9
2.3
Definitions .................................................................................................................... 9
2.4
Units of Measure ....................................................................................................... 10
2.5
Interpretation of Zone Boundaries ....................................................................... 10
2.6
Severability ................................................................................................................. 11
3
Definitions ........................................................................................................ 12
4
Administration ................................................................................................. 40
4.1
Applicability ................................................................................................................ 40
4.2
Administration of By-law ......................................................................................... 40
4.3
Inspection ................................................................................................................... 40
4.4
Violations .................................................................................................................... 40
4.5
Compliance with other Legislation ....................................................................... 40
4.6
Restoration to Safe Condition ................................................................................ 41
4.7
Effective Date ............................................................................................................. 41
4.8
Existing Structures and Uses .................................................................................. 41
4.9
Repeal of By-law ........................................................................................................ 42
5
Development Permitting ................................................................................ 43
5.1
Development Permit ................................................................................................ 43
5.2
Development Not Requiring a Development Permit ........................................ 44
5.3
Uses Not Requiring a Development Permit ........................................................ 44
5.4
No Exemption from Requirements....................................................................... 45
5.5
Application Requirements ...................................................................................... 45
6
Lot Plan Requirements .................................................................................... 45
Approved by Council July 29, 2026
MODL Land Use By-law | Page 4
6.2
Variances..................................................................................................................... 47
6.3
Development through Site Plan Approval........................................................... 48
6.4
Development through Development Agreement ............................................. 49
6.5
Service of Notice of Amendments or Development Agreement ................... 49
6.6
Application Fees ........................................................................................................ 50
6.7
Penalty ......................................................................................................................... 50
6.8
Costs for Advertising ................................................................................................ 50
7
General Provisions ........................................................................................... 51
7.1
Application .................................................................................................................. 51
7.2
Accessory Building and Structures ....................................................................... 51
7.3
Accessory Uses .......................................................................................................... 51
7.4
Agricultural Protection Area ................................................................................... 52
7.5
Buildings to be Moved ............................................................................................. 52
7.6
Cemeteries ................................................................................................................. 52
7.7
Cluster Developments ............................................................................................. 52
7.8
Coastal Protection .................................................................................................... 53
7.9
Coastal Erosion .......................................................................................................... 53
7.10
Coastal Flooding ........................................................................................................ 55
7.11
Sensitive Coastal Ecosystems ................................................................................. 55
7.12
Community Gardens ................................................................................................ 56
7.13
Connection to Central Services .............................................................................. 56
7.14
Distance of New Dwellings or Institutional Uses to Existing Large-scale
Livestock Operations............................................................................................................ 57
7.15
Existing Undersized Lots ......................................................................................... 57
7.16
Farm, Fish, and Forest Stands ................................................................................ 58
7.17
Flag Lots ...................................................................................................................... 58
7.18
Frontage on a Road .................................................................................................. 58
7.19
Heritage Incentives ................................................................................................... 58
7.20
Home-based Businesses ......................................................................................... 59
Approved by Council July 29, 2026
MODL Land Use By-law | Page 5
7.21
Illumination ................................................................................................................ 61
7.22
Inland Watercourses ................................................................................................ 61
7.23
Inland Watercourses in Protected Watershed Zones ....................................... 63
7.24
Inland Wetlands ........................................................................................................ 63
7.25
Island Developments ............................................................................................... 64
7.26
Kennels ........................................................................................................................ 64
7.27
Lots Created by a Plan of Subdivision Lacking Minimum Frontage .............. 65
7.28
Multiple Main Buildings ........................................................................................... 65
7.29
Multiple Uses in a Building ..................................................................................... 65
7.30
Non-Conforming Cluster Developments ............................................................. 65
7.31
Non-Conforming Structures ................................................................................... 66
7.32
Non-Conforming Uses ............................................................................................. 66
7.33
Outdoor Storage of Fishing Gear and Equipment ............................................. 67
7.34
Permitted Encroachments in Minimum Setbacks ............................................. 67
7.35
Private Road Lot Frontage/Flankage Setbacks ................................................... 67
7.36
Private Storage Buildings ........................................................................................ 68
7.37
Protected Watershed Overlay ................................................................................ 68
7.38
Public Utilities ............................................................................................................ 69
7.39
Recreational Vehicles ............................................................................................... 69
7.40
Shipping Containers Used for Storage ................................................................. 70
7.41
Short-term Rentals ................................................................................................... 70
7.42
Solar Collectors.......................................................................................................... 70
7.43
Special Uses Permitted ............................................................................................ 70
7.44
Swimming Pools ........................................................................................................ 71
7.45
Telecommunications Towers ................................................................................. 71
7.46
Visibility at Intersections ......................................................................................... 71
7.47
Wharves, Docks, and Slipways ............................................................................... 71
7.48
Wind Turbine Generators ....................................................................................... 71
8
Parking .............................................................................................................. 75
Approved by Council July 29, 2026
MODL Land Use By-law | Page 6
9
Zones and Zone Mapping ................................................................................ 76
9.1
Zones ........................................................................................................................... 76
9.2
Zoning Map ................................................................................................................ 76
10 Rural Zones ....................................................................................................... 77
10.1
Permitted Uses in the Rural Zones ....................................................................... 77
10.2
Development Standards for the Rural Zones ..................................................... 86
10.3
Site Plan Requirements for Multi-Unit Residential and Tourist
Accommodations in the Rural Zones ............................................................................... 87
11 Environment and Recreation Zones .............................................................. 89
11.1
Permitted Uses in the Environmental and Recreational Zones ..................... 89
11.2
Development Standards for the Environmental and Recreational Zones ... 94
12 Growth Centre Zones ...................................................................................... 95
12.1
Permitted Uses in the Growth Centre Zones ..................................................... 95
12.2
Development Standards for the Growth Centre Zones ................................. 101
12.3
Site Plan Requirements for Multi-Unit Residential and Tourist
Accommodations in the Growth Centre Zones............................................................ 102
12.4
Site Plan Requirements for Automobile Service Stations in the Growth
Centre Zones ........................................................................................................................ 104
12.5
Site Plan Requirements for Retail Lumber and Home Improvements Yards
in the Growth Centre Zones ............................................................................................. 107
12.6
Site Plan Requirements for Drive-Through Restaurants in the Growth
Centre Zones ........................................................................................................................ 108
12.7
Site Plan Requirements for Large Format Commercial Uses in the Growth
Centre Zones ........................................................................................................................ 109
12.8
Site Plan Requirements for Light Industrial Uses in the Growth Centre
Zones 111
13 List of Schedules ............................................................................................ 113
Schedule 'A' - Zoning Map
Schedule 'B' - Environmental Features Map
Approved by Council July 29, 2026
MODL Land Use By-law | Page 7
Schedule 'C' - Agricultural Protection Area
Approved by Council July 29, 2026
MODL Land Use By-law | Page 8
1
Title and Purpose
1.1
Title
This By-law is titled the Municipality of the District of Lunenburg Land Use
By-law.
1.2
Purpose
The purpose of this By-law is to carry out the intent of the Municipality of
the District of Lunenburg Municipal Planning Strategy, under the Municipal
Government Act, by regulating the land use and structures within the
Municipality.
Approved by Council July 29, 2026
MODL Land Use By-law | Page 9
2
Interpretation
2.1
Certain Words
2.1.1
In this By-law:
(a)
the words "must" and "will" mean mandatory compliance;
(b)
the word "may" means discretionary compliance or a choice in
applying a policy or regulation;
(c)
words used in the present tense include future tense;
(d)
words used in the plural include the singular, and words in the
singular include the plural; and
(e)
gendered words will be interpreted to mean any gender.
2.2
Conflict
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
will prevail.
2.2.2
Colour coding throughout this By-law and the zoning map is for ease
of reference only and the text of the By-law will take priority.
2.2.3
In the case of any conflict between a number written in numerals and
a number written in letters, the number written in numerals will take
priority.
2.2.4
In the case of conflict between a written zone name and a zone
symbol, the written zone name will prevail.
2.3
Definitions
2.3.1
For the purposes of this By-law, words will have the meaning or
meanings assigned to them in Section 3 (Definitions).
2.3.2
Where a word is not defined in Section 3 (Definitions), the word will
have the meaning(s) as defined in the Municipal Government Act or
the Interpretation Act.
2.3.3
Where a word is not defined under Subsections 2.3.1 or 2.3.2, the word
will have the meaning(s) assigned by accepted Canadian English
dictionaries.
Approved by Council July 29, 2026
MODL Land Use By-law | Page 10
2.4
Units of Measure
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
will take priority.
2.5
Interpretation of Zone Boundaries
2.5.1
Boundaries between zones will 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 will follow that
line;
(b)
where a zone boundary is indicated as following a street, private
road, or controlled access highway, the centreline of the street,
private road, or controlled access highway as it existed on the
effective date of this By-law will 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 will be the boundary
unless otherwise indicated;
(d)
where the zone boundary is indicated as approximately following lot
lines, the boundary will follow the lot lines;
(e)
where the zone boundary is indicated as following a physical feature,
such as, but not limited to topographic elevations , the Development
Officer may interpret the boundary to align with a site-specific
delineation completed by a qualified professional;
(f)
where the zone boundary is indicated as following the shoreline of a
watercourse or wetland, the ordinary high-water mark will be the
boundary; and
(g)
where none of the above provisions apply, the Development Officer
will scale the zone boundary from the zoning map.
Approved by Council July 29, 2026
MODL Land Use By-law | Page 11
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 will not affect the validity
of the remaining portions of this By-law.
Approved by Council July 29, 2026
MODL Land Use By-law | Page 12
3
Definitions
A
Abattoir means a building or structure, or part thereof, used for the commercial
slaughtering of farm animals which may include the on-site packing, treating, and
storage of product but does not include the slaughtering of any animals for
personal use.
Accessory Building and Structure means a separate building or structure
located on the same lot as the main building or principal use, and of a nature
customarily and clearly subordinate and incidental to the main building or main
use of land.
Accessory Use means a subordinate use(s) which take place on the same site as
the principal use and is clearly secondary and incidental to the principal use.
Act means, unless otherwise specified, the Municipal Government Act of the
Province of Nova Scotia, as amended.
Adjacent means having a common border in at least one point or being
separated from such a common border only by a right-of-way.
Aggregate refers to raw materials extracted from the ground including but not
limited to sand, gravel, crushed stone, and other mineral fragments.
Aggregate and Mineral Extraction Operations refers to the use of structures
related to pits and quarries used for sand, gravel, and mineral extraction, and
associated activities including, but not limited to, the crushing or stockpiling of
raw material, conducted in an area that has been approved by the Province of
Nova Scotia.
Aggregate Processing means an industrial use referring to the use of a building,
structure or land, or part thereof, for processing aggregate including the
production of asphalt or similar road stone, concrete batching, and can include
facilities for the administration and management of the business, mineral bulk
storage, and the storage of equipment.
Approved by Council July 29, 2026
MODL Land Use By-law | Page 13
Agricultural Use means the use of land, buildings, or structures for activities
directly supporting farming, dairying, pasturage, agriculture, apiculture,
floriculture, horticulture, and animal and poultry husbandry and the necessary
accessory uses for packing, storing, or treating the agricultural products.
Agritourism means agricultural accessory uses that includes experiencing
agricultural life and/or participating in agricultural activities including, but not
limited to, u-picks, hayrides, petting zoos, pumpkin patches, farm tours, etc.
Animal Care means the use of land, buildings, or structures for the care of
domestic animals and includes veterinary care, animal hospitals, grooming, and
day care but does not include the breeding of animals, overnight boarding, or
animal shelter.
Animal Shelter means a facility that holds or boards seized, surrendered,
abandoned, or lost domestic pets (e.g. dogs, cats, birds), but does not include
livestock.
Annual Erosion Rate means the measurement of the quantity of soil or land that
is lost through the process of erosion over a one-year period.
Aquaculture Operation means either on-shore or off-shore facilities used for
the controlled cultivation of fish, shellfish, or aquatic plants for commercial
purposes. On-shore aquaculture operations include a land-based enclosed
containment system to prevent the release of waste into marine environments.
Art Gallery/Studio means a building, place, or area where paintings, sculptures,
or other works of art are produced, exhibited, and/or sold.
Automobile Body Shop means an industrial use referring to 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, refinishing and similar activity.
Automobile Dealer and Rental means an establishment primarily engaged in
retailing or renting new and used roadworthy automobiles, commercial vehicles,
motorcycles, watercraft, offroad vehicles, and recreational vehicles but does not
include salvage yards.
Approved by Council July 29, 2026
MODL Land Use By-law | Page 14
Automobile Repair Shop means an industrial use referring to the use of a
building or part of a building used 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 does 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.
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.
B
Background Noise means the sound level that is present in the environment,
produced by noise sources other than the source under impact assessment. The
background noise is typically caused by sounds from nature in rural areas, or by
road traffic in urban/suburban areas.
Bank and Financial Institution means an establishment primarily engaged in
providing financial services to the public. Typical uses include, but are not limited
to, banks, trust companies, finance companies, mortgage companies, insurance
companies, or investment companies.
Bed and Breakfast means a type of tourist accommodation located within a
residential unit where the resident owner or occupant provides overnight
accommodation to the vacationing or travelling public and may or may not
provide meals to the overnight guests.
Boat Building and Repair means an industrial use typically located on a
navigable waterway where boats and boat accessories are manufactured,
serviced, and/or repaired and may be kept for sale.
Approved by Council July 29, 2026
MODL Land Use By-law | Page 15
Boathouse means a permanent or temporary roofed structure, which does not
contain toilet facilities, and which is used for the shelter or storage of boats,
watercraft, and associated marine accessories and equipment. No part of a
boathouse may be used as a dwelling unit, for the habitation of animals, or for
commercial uses. A boathouse does not include a garage.
Brewery, Distillery, and Winery means a facility used for the fermenting,
brewing, or distilling of beverage alcohols and includes facilities on the same lot
where the beverage alcohols may be blended, mixed, stored or packaged, and
may include accessory sales, tours, tasting rooms, and customer seating areas.
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 Footprint means the horizontal area, measured from the outside of all
exterior walls and supporting columns of a building. Excluded from this
measurement are carports, patios, decks, balcony areas, porches, projections, as
well as ramps and stairways necessary for access.
Building Official means the person or persons, or designate, appointed by
Council from time to time to administer the Building By-law.
C
Campground and RV Park means the use of land where the number of camping
sites and recreational vehicle parking sites is four or more and is used for a range
of overnight camping experiences, including but not limited to tents, recreational
vehicles, and other camping structures, but does not include the occupation of
recreational vehicles on a permanent year-round basis or the commercial parking
of RVs for non-tenant storage.
Camping Unit means any structure used for the purpose of temporary or
seasonal use and may include, but is not limited to, tents, yurts, trailers,
recreational vehicles, and geodesic domes.
Approved by Council July 29, 2026
MODL Land Use By-law | Page 16
Cannabis Production Facility means a lot or building used or occupied by a
person or organization licensed by the Government of Canada for the
commercial production of cannabis or cannabis products, including where
cannabis or any of its derivatives, such as resin or oils, is grown, cultivated,
harvested, manufactured, processed, packaged, or labelled. It also includes any
activities permitted by the Government of Canada such as research and
development, storage, and destruction of cannabis or any of its derivatives but
excludes the production of hemp.
Cemetery means a designated area of land, building, structure, or part thereof
where deceased individuals are buried or interred.
Cluster Development means six or more dwelling units contained in two or
more dwellings on a single lot that is partly or entirely un-serviced by municipal
water and sewer, including new phases or units in a phased-development
condominium with six or more dwelling units overall. A recreational vehicle
parking site is not considered a cluster development.
Coastal Erosion Risk Area means all areas along a coastline, all of which are
inherently prone to erosion. These areas are vulnerable to the gradual loss of
land due to natural forces like geological conditions, lack of vegetation, waves,
and tides.
Coastal Flood Risk Area means the temporary inundation of land along
coastlines, caused by the overflow of water that can threaten communities,
ecosystems, and infrastructure.
Commercial Recreation, Indoor means a building or part of a building used for
commercial recreation or entertainment purposes and can include but is not
limited to, dance halls, cinemas, billiard or pool halls, bowling alleys, indoor
miniature golf courses, indoor shooting ranges, indoor paintball fields, escape
rooms, and bingo halls.
Commercial Recreation, Outdoor means the use of land for commercial
recreation or entertainment purposes and can include accessory buildings and
structures and purposes that can include but are not limited to, golf courses,
driving ranges, paintball fields, drive-in movie theatres, outdoor miniature golf
courses, ropes courses, archery ranges, or tennis clubs, but does not include
Approved by Council July 29, 2026
MODL Land Use By-law | Page 17
campgrounds & RV parks, outdoor shooting ranges, animal or motor vehicle race
tracks, or any use that is obnoxious.
Commercial Use means the use of land and/or buildings for the primary
purpose of buying, selling, or trading of merchandise or services.
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.
Community Garden means a plot of land used primarily for the cultivation of
food run by a group of individuals or a community group. A community garden
can serve educational, social, and recreational purposes, but it is not intended for
commercial production.
Construction Facility means an industrial use referring to the use of a building
or part of a building used for the construction, development, redevelopment or
rehabilitation of residential, commercial, institutional, and industrial buildings,
real estate and road building, and such uses are often characterized by the
outdoor storage of equipment, machines, vehicles, and building supplies.
Convenience Store means a building or part of a building used for the retail sale
of a limited line of grocery and confectionary items.
Corner Vision Triangle means the area of a corner lot that is enclosed by a
triangle, the apex of which is the intersection of the flanking lot line and the front
lot line, two sides of which triangle are six metres (20 feet) in length measured
from said point of intersection along the said lines and the base of which triangle
is formed by a straight line joining the said exterior lot lines at the said points six
metres (20 feet) from the intersection.
Council means the Council of the Municipality of the District of Lunenburg.
Craft Product means products assembled or made by hand or small custom
production processes including but not limited to potters, pewterers, goldsmiths,
silversmiths, jewellers, toy makers, leather workers, upholsterers, woodworkers,
furniture makers, musical instrument makers, clothing designers and makers,
shoemakers, antique refinishers, glass or stained-glass workers, and caterers.
Approved by Council July 29, 2026
MODL Land Use By-law | Page 18
Craft Product 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, clothes makers,
shoemakers, antique refinishers, glass workers, stained glass workers, and
caterers.
Craft Shop means a building or part of a building where craft products are
offered for sale to the general public.
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 any construction, erection, alteration, placement,
replacement, location, relocation of, or addition to any structure and any change
or alteration in the use made of land or structures.
Development Agreement means a legal agreement between Council and a
property owner governing the use of the property owner's land, as enabled by
the Municipal Government Act and Municipal Planning Strategy and registered on
title.
Development Officer means the person or persons, or designate, appointed by
Council from time to time to administer the Land Use By-law and Subdivision By-
law.
Approved by Council July 29, 2026
MODL Land Use By-law | Page 19
Development Permit means the permit issued by the Development Officer
certifying that a proposed development complies with the provisions of the Land
Use By-law.
Dune means an unconsolidated sand or gravel deposit found in a beach
environment and recognized by raised topography. Dunes may be vegetated with
salt-tolerant vegetation such as marram grass or may be established with
ericaceous vegetation or tree species (e.g. forested Dune).
Dwelling means a building containing at least one dwelling unit for human
habitation, which is capable of being occupied as a home or residence. For
greater clarity, this definition includes structures such as tiny houses and homes
that have been manufactured to meet CSAZ241or an equivalent standard.
Dwelling Unit means one or more habitable room(s) that may be used as a
residence by an independent, separate household, which: has a bathroom for
exclusive use of the household; has a kitchen for the exclusive use of the
household; and has a private entrance from outside the building or from a
common hallway or stairway.
E
Effective Date means the day when upon adoption by the Council of the
Municipality of the District of Lunenburg and approval by the Minister of
Municipal Affairs, this By-law took effect by means of a notice that was published
on the municipal website. 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 means infrastructure that supplies energy for the
charging of electric vehicles such as plug-in electric and hybrid vehicles.
Elevation Setbacks means a mandate that structures, or the uses within a
structure to be located at a certain elevation above the projected water levels to
mitigate risks associated with natural events like flooding, storm surges, or other
environmental factors.
Approved by Council July 29, 2026
MODL Land Use By-law | Page 20
Emergency Services means a building or use of land for the protection of public
health, safety, and property and includes, but is not limited to, fire stations,
ambulance depots, police stations, and search-and-rescue facilities, but does not
include a correctional facility.
Equestrian Facility means the land, buildings or structures used for the
boarding or training of horses, ponies, or riders, and the staging of equestrian
events.
Erect means to build, construct, reconstruct, alter, or relocate and without
limiting the generality of the foregoing including any preliminary physical
operation such as excavating, grading, piling, cribbing, filling, draining, or
structurally altering any existing building or structure by an addition, deletion,
enlargement, or extension.
Excavation, Construction, and Landscaping Services means an industrial use
referring to operations which involve buildings and laydown areas used for the
storage of machinery and equipment related to excavating, construction, and/or
landscaping services, and/or the storage of aggregate, soil, and other materials
but does not include operations which involve crushing or blasting but may
include sales.
Existing means legally existing on the indicated date or, where no date is
indicated, legally existing on the effective date of this By-law. For streets and
private roads, the date the street or private road was shown on a plan of
subdivision approved by the Municipality will be used to determine whether or
not it existed on an indicated date.
F
Farm, Fish, and Forest Stand means a roadside building or structure directly
associated with selling farm products that have been produced on site, as well as
fish, and/or forest products to the public.
Approved by Council July 29, 2026
MODL Land Use By-law | Page 21
Farm Property refers to the property used primarily for operating a farming
business.
Farmers' Market means a commercial operation, either temporary or
permanent, where farm produce and locally made products are sold at retail to
the public by individual vendors.
Fish Processing means an industrial use referring to the use of buildings, or part
thereof where freshwater or saltwater fish or shellfish or their derived products
are used, prepared, processed, reduced, or stored and includes the handling,
packaging, shipping of the finished product, and other associated activities for
future sale.
Fishing and Marine Accessory Uses means the use of land, buildings, or
structures, or part thereof, used in support of non-commercial marine-based
activities, such as but not limited to, boat houses, fishing and marine equipment
storage, docks, decks, wharves, piers, and boat launches. For further clarity, this
definition does not include fishing and marine industrial uses, fish processing, or
boat building and repair.
Fishing and Marine Industrial Uses means an industrial use of land, buildings,
or structures, or part thereof, used in support of the commercial fishing industry
including storage of fishing vessels, gear, and other related uses such as docks or
boat launches, but does not include fish processing or boat building and repair.
For further clarity, business and commercial uses related to the primary fishing
and marine use are also included in this definition; however, fishing and marine
accessory uses are not included in this definition.
Fishing Vessel means any watercraft engaged on a part-time or full-time basis
for use in the commercial fishery.
Floor Area means the total area of all floors of a building, above and below
grade, measured between the exterior faces of the exterior walls of the building
or from the centreline of a wall separating two buildings.
Forestry Processing Facility means the use of land, buildings, or structure, or
part thereof, for the milling, sawing, or other primary processing, and may
include accessory sales, but does not include the cutting and splitting of wood for
Approved by Council July 29, 2026
MODL Land Use By-law | Page 22
personal use, maple sugar operations, Christmas tree farming, or transport of
finished product.
Forestry Supportive Use refers to the use of structures related to managing and
harvesting trees, and may include shipping, storage, and sale of the products on-
site, tree nurseries, maple sugar operations, equipment storage facilities, other
temporary structures and uses supportive of land clearing activities but does not
include processing.
Foundation means the load-bearing portion of a structure which may include a
surface mount foundation, sonotubes, columns, screw piles, concrete slabs, or an
equivalent.
Funeral Home means a building used for the preparation, temporary display,
and/or funeral ceremony of deceased persons or domestic pets and may include
a crematorium.
G
Garden Centre means a building or structure and lands associated therewith, for
the growing of flowers, fruits, vegetables, plants, shrubs, trees, or similar
vegetation together with gardening tools and implements, and that are sold at
retail from such buildings or lot to the general public.
Government Use means a municipal, provincial, or federal government office,
courthouse, registry office, community services office, 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 (a) when used in reference to a building, the average elevation of the
finished surface of the ground where it meets the exterior of the front of such
building, exclusive of any artificial embankment or entrenchment; or (b) when
used in reference to a structure that is not a building, the average elevation of the
finished grade of the ground immediately surrounding such structures, exclusive
of any artificial embankments or entrenchment.
Approved by Council July 29, 2026
MODL Land Use By-law | Page 23
Greenhouse means a building or structure constructed with transparent or
translucent walls and/or roof used for the growing of flowers, plants, shrubs,
trees, and similar vegetation.
Gross Floor Area (GFA) 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, but excluding car parking areas within the building,
and for the purpose of this definition, the walls forming a courtyard are deemed
to be exterior walls.
H
Habitable Floor Space means the interior area within a building that is designed
and suitable for human occupancy. This includes spaces such as living rooms,
bedrooms, kitchens, and other areas where people can reside or carry out daily
activities and does not include unfinished basements or attached garages.
Heavy Equipment Sales, Rentals, and Repair means a building, structure, land,
or part thereof where heavy equipment and machinery are kept for sale,
maintenance, repair, rent, lease, or hire under agreement for compensation.
Height means the vertical distance on a building between the established grade
and: (a) the highest point of the roof structure or the parapet, whichever
is greater, of a flat roof; (b) the deck line of a mansard roof; or (c) the mean level
between eaves and ridges of a gabled, hip, gambrel, or other type of pitched roof.
Heritage Advisory Committee means a group appointed by a municipality to
advise the municipal council on the designation, preservation, and management
of heritage properties and districts. The committee typically includes members
with expertise or interest in history, architecture, culture, and community
planning. Under the Nova Scotia Heritage Property Act, the committee must also
include at least two members of the public.
Heritage Property means a site, building, structure, or landscape that holds
historical, cultural, architectural, or social significance. These properties must be
Approved by Council July 29, 2026
MODL Land Use By-law | Page 24
designated by federal, provincial, or municipal governments to recognize and
protect their unique contributions to a community's identity and history. Heritage
properties may be preserved due to their association with significant events,
people, or architectural styles, and must adhere to heritage regulation and
guidelines to ensure the building's characteristic defining elements are intact and
to be approved by building officials.
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
Industrial Use, Light means an industrial use which is typically contained within
a building or structure and is not regularly an obnoxious use creating nuisances
or producing disruptive noises, heavy vibrations, odours, fumes, smoke, high
heat, dust, or create harmful or dangerous waste products. Light industrial uses
can include, but are not limited to, light manufacturing, machining, assembly,
processing of raw materials or goods, warehousing, transportation and
distribution depots, and/or related accessory uses.
Industrial Use, Heavy means an industrial use which may be located entirely
within, in part of, or outside of a building or structure and is regularly an
obnoxious use creating nuisances or producing disruptive noises, heavy
vibrations, odours, fumes, smoke, high heat, dust, or create harmful or
dangerous waste products. Heavy industrial uses can include, but are not limited
to, manufacturing, machining, assembly, fabricating, processing of raw materials
or goods, warehousing, transportation and distribution depots, bulk storage,
landfills, distilling or refining fuel products, and/or related accessory uses. Any
use that is related to potentially dangerous goods is included in this definition.
Approved by Council July 29, 2026
MODL Land Use By-law | Page 25
Institutional Use means the use of land, building or structures for religious,
educational, health, or charitable purposes.
Interpretive Centre means the use of a building 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.
K
Kennel means the use of land, a building, or part thereof for a commercial
operation where dogs and other domestic animals, excluding livestock, are bred,
raised, sold, and/or boarded.
L
Lawfully Existing Use means a use of land, a building, or part thereof that was
legally allowed before a change in land use regulation occurred that would
otherwise have prohibited it and which continues to be a permitted use.
Licensed Liquor Establishment means a cabaret, lounge, beverage room,
and/or bar licensed under the Nova Scotia Liquor Control Act or successor
legislation.
Livestock Operation refers to the keeping of any animals designated by the
Minister of Agriculture under authority of the Fences and Detention of Stray
Livestock Act. R.S., c. 166, s.1. including but not limited to, cattle, horses, ponies,
sheep, goats, fowl, swine, mink, rabbits, llamas, alpacas, ostriches, emu, and
foxes.
Livestock Operation, Large-scale refers to a structure being actively used for
keeping livestock, such as a barn or other type of livestock related shelter, that
has a gross floor area of 500 square metres (5,382 square feet) or greater. This
definition also includes associated manure storage facilities.
Approved by Council July 29, 2026
MODL Land Use By-law | Page 26
Lot means any parcel of land as described by its boundaries.
Corner Lot means a lot situated at the intersection of land abutting on two
or more streets or private roads.
Flag Lot means a lot that contains a prolongation or "pole" that extends
from the lot frontage to the main body of the lot and which the
prolongation or "pole" has a width less than the minimum lot frontage
permitted in the applicable zone.
Serviced Lot means a lot that is serviced by a centralized sewer system or is
in the process of subdivision approval and has been identified for
connection to a centralized sewer system, and may or may not include
municipal water services.
Through Lot means a lot, but is not a corner lot, with frontage on more
than one street.
Un-serviced Lot means a lot that is not serviced by a centralized sewer
system.
Lot Area means the total horizontal area within the lot lines of a lot.
Lot Coverage means the percentage of the lot area covered by buildings and
roofed structures, and for the purpose of this definition eaves, cantilevers, or
other such projections of a roof will be counted.
Lot Depth means the horizontal distance between the front and rear lot lines.
Where these lot lines are not parallel the lot depth will 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.
Lot Line means a boundary line of a lot.
Flankage Lot Line means a side lot line that abuts the street or private road
on a corner lot.
Approved by Council July 29, 2026
MODL Land Use By-law | Page 27
Front Lot Line means the line dividing the lot from the street or private
road. In the case of a corner lot, the shorter boundary line abutting the
street will be deemed to be the front lot line and the longer boundary line
abutting the street will be deemed to be the flankage lot line; and where
such lot lines are of equal length, the front lot line will be either of the lot
lines and the other lot line will be the flankage lot line; boundaries dividing
the lot from a street will be deemed to be the front lot line. In the case of a
through lot, the lot line abutting the street providing the primary access will
be regarded as the front lot line.
Rear Lot Line means the lot line furthest from or opposite to the front lot
line.
Side Lot Line means a lot line other than a front or rear, or flankage lot line.
M
Main Building means the building in which the principal purpose for which the
building lot is used.
Manure Storage Facility refers to the storage system for holding either liquid or
solid manure from livestock operations which can include any tank, area, or
space used for the storage of manure and for the purpose of determining
setbacks. This definition does not include spreaders or any other equipment used
in the application of manure onto fields or crops.
Marina means a commercial establishment or premise, containing docking
facilities and located on a navigable waterway, where boats and boat accessories
are stored, or kept for sale or rent, and may include the sale of fuel and incidental
supplies for the boat owners, crews, and guests.
Marine Recreation Provider means a commercial business that relies on the sea
or ocean as an integral part of its operation, including but not limited to boat
tours, and canoe and kayak rentals, but does not include uses related to the
commercial fishing industry.
Approved by Council July 29, 2026
MODL Land Use By-law | Page 28
Medical Clinic means a building or part of a building where medical or
therapeutic diagnosis and/or treatment services are provided to the general
public, but does not include a hospital or a professional office located in the
practitioner's home.
Municipal Planning Strategy means the Municipal Planning Strategy of the
Municipality of the District of Lunenburg.
Municipality means the Municipality of the District of Lunenburg.
N
Non-conforming Use means a non-conforming structure and use as described in
Sections 238-241 of the Municipal Government Act.
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 that from its nature or operation creates a nuisance
or is offensive by the creation of noise or vibration, or by the emission of gas,
fumes, dust or objectionable odour, or by 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.
Approved by Council July 29, 2026
MODL Land Use By-law | Page 29
Ordinary High-Water Mark means the natural boundary along shorelines or
riverbanks that marks the highest level that water reaches under typical, non-
flooding conditions. It can be identified by changes in soil, the presence of
vegetation that do not grow in constantly wet conditions, or natural debris lines.
Outdoor Storage means items such as merchandise, goods, inventory, materials,
or equipment that are not intended for immediate sale and are stored by being
located on a lot exterior to a building.
Overlay means a specified area of land shown on Schedule "A" of this By-law that
may extend across more than one zone, and which contain additional
development requirements.
P
Parks and Playgrounds means the use of land for passive recreation and
landscaping features and includes, but is not limited to, greens, community
gardens, walking paths, play structures, ponds, fountains, and dog parks.
Person means an individual, association, firm, partnership, corporation, trust,
incorporated company, organization, trustee or agent, and the heirs, executors,
or other legal representatives of a person to whom the context can apply
according to law.
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,
tattoo shops, 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 Assembly means a building or use of land to accommodate gatherings
of people for activities including, but not limited to, concerts, trade shows,
banquets, conventions, reception halls, conference centres, legion halls, assembly
Approved by Council July 29, 2026
MODL Land Use By-law | Page 30
halls and lodges. For greater clarity, this definition includes both commercial and
institutional uses.
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 a building or part of a building used as 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 any road that is not owned by the Municipality of the
District of Lunenburg or the Province and for the purposes of this By-law, this
definition also includes deeded rights-of-way.
Private Storage Building means a building or structure primarily used for
storing or sheltering items not intended for commercial purposes, including but
not limited to, private garages, private boathouses, and fishing gear sheds.
Professional Office means a building or structure where business may be
transacted, a service performed, or consultation given but does not include the
manufacturing of any product or the retailing or selling of goods.
Public Road means the whole and entire right-of-way of every highway or road
vested in the Province of Nova Scotia or the Municipality.
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 Professional means an individual who has undergone proper
educational training and gained experience and expertise to become certified or
recognized as able to practice in a particular profession in the province of Nova
Scotia and, if required by applicable legislation, is a member in good standing in
Approved by Council July 29, 2026
MODL Land Use By-law | Page 31
the professional body representing and/or regulating the profession in Nova
Scotia.
R
Race Track means a use of land for the purpose of racing motorcycles, all terrain
vehicles, automobiles, or similar motorized vehicles, and animals, over a
constructed track or course or where the continuous use of the land creates a
track or course.
Recreation Centre means a building or part of a building used for recreation
facilities such as, but not limited to, indoor swimming pools, ice arenas, curling
rinks, gymnasiums, weight rooms, and changing facilities, and may include
accessory take-out or eat-in establishments.
Recreational Uses means the use of land 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
recreation centres, indoor commercial recreation, outdoor commercial
recreation, a track for the racing of animals, or any form of motorized vehicles.
Recreational Vehicle (RV) means a vehicle manufactured and designed for
temporary accommodation for recreational travel, vacation, or seasonal
temporary habitation. For greater certainty, a Recreational Vehicle includes units
manufactured to recognized recreational vehicle standards, including CSA Z240,
as well as older models that were manufactured as recreational vehicles prior to
the adoption of such standards.
Recreational Vehicle Parking Site means the area of land designated for the
parking and use of a recreational vehicle (serviced or unserviced). For greater
clarity, this does not include the parking of RVs for storage.
Recycling Depot means the use of a building or land in which domestic
recoverable resources such as newspapers, glassware, and metal cans are
collected, stored, flattened, crushed, or bundled to be taken to another site for
processing. For clarity, this use does not include a salvage yard.
Approved by Council July 29, 2026
MODL Land Use By-law | Page 32
Residential Care Facility means a family home, group care facility, or similar
facility for the non-medical care 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 nursing home,
or facility licensed by Corrections Canada or Nova Scotia Corrections or successor
bodies.
Restaurant means a building or part thereof where food and/or drink intended
for immediate consumption is prepared and served to the public.
Drive-through Restaurant 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.
Eat-in Restaurant means a restaurant or part thereof where food and/or
drink may be consumed within the building or on an attached, formalized
outdoor space.
Take-out Restaurant 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 Lumber and Home Improvement Yard means the outdoor storage and
display of lumber and other building supplies for sale. For clarity, retail sales
contained wholly within a building will be considered as a retail store.
Retail Store means a building or part thereof in which goods, wares,
merchandise, substances, articles, or items are offered or kept for sale directly to
the public at retail.
Rotor Blade means the part of the wind turbine that captures wind energy by
spinning and converting it into electricity through the turbine's generator.
Rotor Blade Clearance means the distance from the ground to the bottom of
the rotor's arc.
Approved by Council July 29, 2026
MODL Land Use By-law | Page 33
S
Salvage Yard means an industrial use referring to 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.
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 an educational establishment, whether public or
private, intended for instruction in extracurricular activities and/or vocational
skills and includes, 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 a degree- or diploma-granting public educational
establishment intended for the academic instruction of students after the
completion of Grade 12.
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.
Service and Repair Shop means a building or part thereof used for servicing,
repairing, installing, or renting things and equipment, including but not limited to
the following, locksmith shops, small appliance service or repair shops, small
engine repair shops, household and carpenter tool service and repair shops, but
does not include boat building and repair, industrial, manufacturing, or
automobile repair shops.
Approved by Council July 29, 2026
MODL Land Use By-law | Page 34
Setback means the horizontal distance between the specified lot line and the
nearest main wall of any building or structure and extending the full width or
length of the lot.
Flankage Setback means the horizontal distance measured from the
flankage lot line and the nearest main wall of any building or structure on
the lot.
Front Setback 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.
Rear Setback 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.
Side Setback 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 one or more structures designed and intended for
transport which have been made immobile. A shipping container which has been
altered or incorporated as construction material in the design of a building
prepared by an architect or engineer is not a shipping container for the purposes
of this By-law.
Shooting Range means a use of land or buildings that is designed or intended
for the safe discharge, on a regular and structured basis, of firearms for the
purpose of target practice or target shooting competitions.
Short-term Rental means any accommodation rented for a period of 28 days in
a row or less.
Site Plan Approval means an approval process that evaluates the layout of site
features such as buildings, parking areas, and landscaping for compliance with
the Land Use By-law.
Small Option Homes Small option homes are a type of community residential
placement licensed under the Homes for Special Care Act. They house three to
Approved by Council July 29, 2026
MODL Land Use By-law | Page 35
four residents with developmental, mental health or physical disabilities.
Residents live independently in community homes and receive support services
from staff.
Solar Collector System means a structure or group of structures located on the
same lot designed to capture solar radiation and convert it into usable energy. A
solar collector system may include, but is not limited to, evacuated tubes, flat
plate collectors, concentrating mirrors, and building-integrated photovoltaic
materials but does not include windows or greenhouses.
Accessory Solar Collector System means a solar collector system with the
primary purpose of generating power to offset or meet the uses for on-site
consumption.
Commercial Solar Collector System means a solar collector system with
the primary purpose of generating power to be supplied to the grid or used
for other off-site purposes.
Solid Waste Disposal Facility means facilities for the treatment and disposal of
solid waste, such as garbage or compost, and includes incinerators and landfills,
but does not include a salvage yard.
Solid Waste Transfer Facility means the use of land, buildings, or part thereof
for the transfer of solid waste, such as garbage or compost, from collection
vehicles and/or the general public for shipment to a solid waste disposal facility.
Street Line means the dividing line between a lot and a street.
Structure means anything that is erected, built, or constructed of parts joined
together or any such erection fixed to or supported by the soil or by any other
structure, and includes a building, but excludes fences less than 1.9 metres (6.23
feet) in height.
Summer Camp means a recreational facility operated by a non-profit institution
or for commercial purposes providing outdoor activity programs and may feature
rustic sleeping accommodations that typically operates during the summer
months.
Approved by Council July 29, 2026
MODL Land Use By-law | Page 36
T
Tiny House means a dwelling unit that is 37 square metres (398.3 square feet) or
less in building area and is on a foundation.
Top of Bank means the location up-slope from the scoured channel of a stream,
or shoreline, where an abrupt change of slope occurs.
Tourist Accommodation means the use of a building, structure, or part thereof,
used to accommodate the vacationing or travelling public for a duration of 28
days or less in exchange for payment or compensation and may or may not
provide meals, alcoholic beverages, on-site management, and private cooking
facilities. For greater clarity, tourist accommodations include hotels, motels, inns,
bed and breakfast establishments, hostels, and short-term rentals of an entire
home, individual room, cottage, cabin, geodesic dome, or yurt, but does not
include campgrounds and RV parks.
Trails and Conservation means the use of land for trails, boardwalks, floating
docks, open space, interpretive panels or kiosks, washrooms, and any structure
or building necessary for conservation purposes or scientific research related to
the lands in question or to adjacent water bodies.
U
Use means the purpose for which any land, building or structure is utilized, and
also means the purpose for which any land, building or structure is designed,
arranged, or intended, or the purpose for which any land, building or structure is
occupied or maintained or leased.
V
Approved by Council July 29, 2026
MODL Land Use By-law | Page 37
Variance means a relaxation or reduction of the Land Use By-law requirements
for a specific site, as stipulated in the Municipal Government Act.
Vegetative Buffer means a designated strip of land containing a mix of species
including trees, shrubs and grasses, whether naturally occurring or planted
during restoration, that provides filtration of pollutants and sediment, and
promotes bank stability as a means to protect water quality and habitat of all
waterbodies and watercourses, and protects property from flooding and erosion.
W
Water Access means the use of land or structures to provide watercraft access
to marine or fresh water bodies and includes, but is not limited to, wharves,
docks, slipways, ramps, quays, and marine railroads.
Water Frontage means the length of a lot line abutting a water body, measured
along the ordinary high-water mark as defined in the Nova Scotia Land Surveyors
Regulations.
Watercourse means the bed and shore of every lake, river, stream, ocean,
estuary, or other body of water.
Wetland means a distinct ecosystem located in low-lying area of land where
water is present either permanently or seasonally, featuring unique hydrology,
soils, and vegetation.
Wind Turbine Generator means a device that converts the wind's kinetic energy
from rotating blades into electrical energy.
Wind Turbine Generator, Large-Scale Wind Turbine (LWT) means a wind
turbine with a power generation capacity greater than 100 kW which is intended
to provide electricity to the local utility grid.
Wind Turbine Generator, Micro Wind Turbine (MWT) means a wind turbine
with a power generation capacity no greater than 1 kW which is intended for on-
site consumption.
Approved by Council July 29, 2026
MODL Land Use By-law | Page 38
Wind Turbine Generator, Small-Scale Wind Turbine (SWT) means a wind
turbine with a power generation capacity between 1.1 kW and 99.9 kW which is
intended for on-site consumption.
Wind Turbine Height means the total distance from the ground to the tip of the
turbine's highest blade when it's in an upright position. This height includes both
the tower, which supports the turbine, and the length of the rotor blades.
Y
Yard means the uncovered space on a lot accessory 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 will 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 specified area of land shown on Schedule "A" of this By-law.
Approved by Council July 29, 2026
MODL Land Use By-law | Page 39
Approved by Council July 29, 2026
MODL Land Use By-law | Page 40
4
Administration
4.1
Applicability
4.1.1
This By-law applies to all lands within the Municipality, except for lands
which fall within Secondary Planning Strategies, as identified on
Schedule A, the Zoning Map.
4.1.2
Despite Subsection 4.1.1, the coastal protection provisions of Sections
7.9, 7.10, and 7.11, cluster development provisions of Section 7.7,
inland watercourses provisions of Section 7.22, and inland wetlands
provisions of Section 7.24, will apply to all areas of the Municipality.
4.2
Administration of By-law
4.2.1
This By-law will be administered by the Development Officer appointed
by the Council of the Municipality of the District of Lunenburg, and the
Development Officer will issue Development Permits under this By-
law.
4.2.2
In the absence or incapacity of the Development Officer, the Acting
Development Officer appointed by Council will act in the Development
Officer's stead.
4.3
Inspection
4.3.1
Subject to Section 267 of the Municipal Government Act, the
Development Officer, at all reasonable times, may enter into or upon
any property within the area to which this Land Use By-law applies for
the purposes of any inspection necessary in connection with the
administration of this By-law.
4.4
Violations
4.4.1
In the event of any alleged breach of the provisions of this By-law, the
Municipality of the District of Lunenburg may take action as outlined in
Section 266 of the Municipal Government Act.
4.5
Compliance with other Legislation
4.5.1
Nothing in this By-law will exempt any person from complying with the
requirements of any other By-law in force within the Municipality, or
Approved by Council July 29, 2026
MODL Land Use By-law | Page 41
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.
4.5.2
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 will prevail.
4.6
Restoration to Safe Condition
4.6.1
Nothing in this By-law will prevent the restoration of any building or
structure to a safe condition, as determined by the Municipality's
Building Official.
4.7
Effective Date
4.7.1
Pursuant to the Municipal Government Act, this By-law will take effect
on the date a notice is published on the municipal website, informing
the public that the Planning Strategy and its implementing Land Use
By-law are in effect.
4.8
Existing Structures and Uses
4.8.1
A structure or use of land will 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 does not apply unless the construction or use
is commenced within 12 months after the date of the latest issuance
of the required permits.
Approved by Council July 29, 2026
MODL Land Use By-law | Page 42
4.9
Repeal of By-law
4.9.1
Municipal-Wide Land Use By-law, 2024, adopted by Council on June 18,
2024 (By-law 049), as amended, is hereby repealed and replaced with
this By-law.
Approved by Council July 29, 2026
MODL Land Use By-law | Page 43
5
Development Permitting
5.1
Development Permit
5.1.1
Unless otherwise stated in this By-law, no person may undertake a
development within the Municipality without first obtaining a
development permit from the Development Officer.
5.1.2
The Development Officer will 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. In the case of an existing nonconforming use or structure, a
development permit will be issued in conformance with Subsections
7.29 and 7.30, the non-conforming clauses of this Land Use By-law.
5.1.3
A development permit will expire after one year if the development
has not commenced.
5.1.4
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.
5.1.5
Any decision of the Development Officer to refuse the issuance of a
Development Permit will be given by a written and/or electronic notice.
Whereas any decision to revoke a Development Permit given by
written notice served by registered mail will become effective on the
third business day after it was sent.
5.1.6
The Development Officer may, at the applicant's request (in writing)
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.
5.1.7
No person may deviate, or allow deviations to be made, from the
description of the proposed development that is contained in the
development permit, unless the developer has obtained a new
development permit from the Development Officer.
Approved by Council July 29, 2026
MODL Land Use By-law | Page 44
5.2
Development Not Requiring a Development Permit
5.2.1
The following developments do 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)
Any accessory non-habitable building or structure having less than
19.97 square metres (215 square feet) of gross floor area.
(c)
Minor accessory structures including but not limited to bus shelters,
roadside stands, awnings, children's play structures, playground
equipment, pet houses, clothesline poles, hot tubs, pools, garden
trellises, refuse receptacles, propane cylinders, heat pumps, and
retaining walls.
(d)
Fences that do not exceed 1.9 metres (6 feet) in height, and livestock
and wildlife fencing, regardless of the height.
(e)
Accessory electric vehicle charging stations.
(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)
Community gardens.
(i)
Farm, fish, and forest stalls.
(j)
Wharves, docks, and slipways.
5.2.2
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 Municipality
prior to undertaking any development.
5.3
Uses Not Requiring a Development Permit
5.3.1
Municipal land use planning does not govern natural resource
activities that do not involve structures. Uses such as forestry,
quarrying, mining, fishing, animal grazing etc. are subject to all
applicable federal and provincial regulations and may occur in zones
that do not explicitly allow them. However, structures related to such
Approved by Council July 29, 2026
MODL Land Use By-law | Page 45
uses are subject to this Land Use By-law and require a development
permit.
5.4
No Exemption from Requirements
5.4.1
Every development is subject to the requirements of this By-law
whether or not a development permit is required.
5.5
Application Requirements
5.5.1
Every application for a development permit must be made in writing
and must include the following:
(a)
the signature of the registered land owner(s), or their duly authorized
agent;
(b)
application fees in conformance with the fee schedule adopted by
resolution of Council;
(c)
a statement of the proposed use of the land;
(d)
a lot plan, as detailed in Subsection 6.1.1; and
(e)
any other information required by this Land Use By-law.
6
Lot Plan Requirements
6.1.1
Every application for a Development Permit must be accompanied by a
plan drawn to an appropriate scale and showing:
(a)
the true shape and dimensions of all lots to be used;
(b)
the proposed location, height and dimensions of any building or
structure for which the permit is applied and the locational
information must include measurements of the lot frontage and
front, side and rear yards;
(c)
the location of every building or structure already constructed, or
partly constructed, on such lot;
(d)
the location of rights-of-way and easements within the subject
property;
Approved by Council July 29, 2026
MODL Land Use By-law | Page 46
(e)
the proposed location and dimensions of parking spaces, loading
spaces, driveways, solid waste storage areas, and landscaping areas
where applicable;
(f)
the approximate location of any watercourse on the property and
location of any existing or proposed building or structure in relation
to the watercourse;
(g)
the location of existing and proposed public and private roads; and
(h)
any other information as may be necessary to determine whether or
not every development conforms to the requirements of this By-law.
6.1.2
Despite Section 5.5, a lot plan will not be required for changes in the
use of a building that do not alter the exterior of the building, change
the parking requirements, or change landscaping and buffering
requirements, unless specifically requested by the Development
Officer.
Additional Plan Information
6.1.3
Where the Development Officer is unable to determine whether the
proposed development conforms to this By-law, the Development
Officer may require that the lot plan submitted under Subsection 6.1.1
shows:
(a)
the location of existing and proposed landscaping, fencing, and
outdoor storage;
(b)
the location of buildings or structures existing upon adjacent lots;
(c)
the location of existing and proposed walkways;
(d)
the type and location of existing and proposed outdoor lighting;
(e)
existing and proposed services; and/or
(f)
a plan based upon a survey prepared by a Nova Scotia Land
Surveyor.
Approved by Council July 29, 2026
MODL Land Use By-law | Page 47
Additional Studies and Plans
6.1.4
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. 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 assessment or study;
(i)
groundwater supply study; and/or
(j)
any other information deemed necessary by the Development
Officer.
6.2
Variances
6.2.1
Despite 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 yard setbacks;
(c)
lot frontage;
(d)
lot area;
(e)
the location and number of parking spaces and loading spaces
required;
(f)
the ground area of a structure;
Approved by Council July 29, 2026
MODL Land Use By-law | Page 48
(g)
the height of a structure;
(h)
the floor area occupied by a home-based business; and/or
(i)
the height and area of a sign.
6.2.2
In accordance with the Municipal Government Act, the Development
Officer may 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.
6.3
Development through Site Plan Approval
6.3.1
Some zones of this Land Use By-law permit certain uses only by site
plan approval as identified in the permitted uses tables.
6.3.2
The approval and appeal procedures for site plan approval must follow
the requirements of the Municipal Government Act.
6.3.3
Unless specifically addressed in Sections 10.3, 12.3, 12.4, 12.5, 12.6,
12.7, or 12.8, all other applicable criteria of this Land Use By-law must
still apply to any development proposed and undertaken through site
plan approval.
Application Requirements
6.3.4
In addition to the requirements of Section 5.5, applications for site
plan approval must meet the following requirements:
(a)
the site plan must be fully and accurately dimensioned and must be
made under the stamp of a professional architect, planner, engineer,
or surveyor licensed to practice in Nova Scotia;
(b)
the application must be accompanied by a written rationale and any
necessary supporting illustrations addressing each of the applicable
criteria outlined in Sections 10.3, 12.3, 12.4, 12.5, 12.6, 12.7, or 12.8;
and
(c)
the application must be accompanied by a fee, in the amount
established by resolution of Council.
Approved by Council July 29, 2026
MODL Land Use By-law | Page 49
Site Plan Approval Review
6.3.5
The Development Officer will 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.
Site Plan Approval Notification
6.3.6
Where the Development Officer has granted a site plan approval,
notification of the approval will be served upon all affected properties
that lie within 300 metres (984 feet) of the property which is subject to
the site plan approval. Such notice will:
(a)
provide a synopsis of the site plan approval;
(b)
identify the property where the site plan approval is granted; and
(c)
set out the right to appeal the decision of the Development Officer.
6.4
Development through Development Agreement
6.4.1
Some zones of this Land Use By-law permit certain uses only by
development agreement as identified in the permitted uses tables.
6.4.2
The Municipal Planning Strategy establishes all policies and conditions
for development agreements enabled in this Land Use By-law.
6.5
Service of Notice of Amendments or Development Agreement
6.5.1
Where Council has given notice of its intention to adopt an
amendment to this By-law, which is not general in scope but which is
in direct response to a specific development proposal, or has given
notice of its intention to enter into a development agreement or to
amend a development agreement, Council will serve notice of the
proposed amendment, development agreement or amendment
thereto, to affected property owners whose property lies within 300
metres (984 feet) of the property which is the subject of the proposed
amendment, development agreement or amendment thereto. The
notice will:
(a)
provide a synopsis of the proposed amendment, development
agreement, or amendment;
Approved by Council July 29, 2026
MODL Land Use By-law | Page 50
(b)
state the date, time, and place set for the public hearing on the
amendment, development agreement, or amendment; and
(c)
be served by ordinary and/or electronic mail.
6.6
Application Fees
6.6.1
Every application for a development permit, subdivision, variance, site
plan approval, Municipal Planning Strategy and/or Land Use By-law
amendment(s), and development agreement is subject to the fees as
determined by the fee schedule of Council, as updated over time.
6.7
Penalty
6.7.1
Any person in violation of the Municipal Government Act and
provisions in force pursuant to the Act will be subject to the penalties
established in the Act.
6.8
Costs for Advertising
6.8.1
An advertising deposit must be paid to the Municipality as part of any
application to amend this By-law, the Municipality Planning Strategy, or
a development agreement. The deposit will be based on the costs of
conducting a public participation program. After the advertisement is
complete, the applicant must pay any additional advertisement costs.
Approved by Council July 29, 2026
MODL Land Use By-law | Page 51
7
General Provisions
7.1
Application
The provisions of Section 7, General Provisions, will apply to the entire
Municipality except where otherwise stated in Section 4.1.
7.2
Accessory Building and Structures
7.2.1
Accessory buildings and structures must be located on the same lot as
the main use.
7.2.2
Accessory buildings and structures must comply with zone
requirements for minimum setbacks and any other applicable
requirements.
7.2.3
Despite zone requirements:
(a)
the minimum rear setback for accessory buildings and structures,
boat houses, docks, wharves, or piers may be built across the lot line
when said lot line corresponds to the water's edge;
(b)
bus shelters, roadside stands, awnings, children's play structures,
playground equipment, pet houses, clothesline poles, hot tubs,
swimming pools, garden trellises, refuse receptacles, propane
cylinders, heat pumps, and retaining walls are exempt from the
requirements of this Section and are permitted to be located in any
part of any yard except within the corner vision triangle of a corner
lot;
(c)
accessory buildings legally existing on the adoption date of this By-
law with less than the required setback are permitted to be replaced
or rebuilt in the same location provided the accessory building or
structure does not increase its non-conformity; and
(d)
shared semi-detached garages may be centred on the mutual side lot
line.
7.3
Accessory Uses
7.3.1
Uses accessory to a permitted use will be permitted in all zones.
Approved by Council July 29, 2026
MODL Land Use By-law | Page 52
7.4
Agricultural Protection Area
7.4.1
The Agricultural Protection Area is identified on Schedule C of this By-
law.
7.4.2
All uses permitted in the underlying zone shall be permitted within the
Agricultural Protection Area, subject to the provisions of this By-law.
7.4.3
Despite Subsection 7.4.2, cluster developments are not permitted in
the Agricultural Protection Area.
7.4.4
Despite Subsection 7.4.1, the Agricultural Protection Area regulations
will not apply where the Development Officer is satisfied that:
(a)
the lands can be partially or fully serviced by municipal water and/or
sewer services.
7.4.5
Despite Subsection 7.4.1, the Agricultural Protection Area regulations
will not apply where the Development Officer is satisfied that the land
has not been actively farmed prior to the effective date of this By-law.
7.5
Buildings to be Moved
7.5.1
Moving a building onto a lot is considered development and is subject
to all provisions of this By-law.
7.6
Cemeteries
7.6.1
Existing cemeteries will be permitted in all zones and may be
expanded.
7.6.2
New cemeteries will be permitted in all zones except for the Protected
Watershed One (PW-1) Zone and the Protected Watershed Two (PW-2)
Zone.
7.6.3
Despite zoning requirements, new cemeteries that are intended to be
visited by the public are required to have deeded access to a public or
private road.
7.6.4
Any accessory buildings or structures for a cemetery will be subject to
the requirements of accessory buildings in the zone where it is located.
7.7
Cluster Developments
7.7.1
No development permit will be issued for any cluster development
except in accordance with a development agreement approved under
Approved by Council July 29, 2026
MODL Land Use By-law | Page 53
the implementation policies in the Municipal Planning Strategy,
including, but not limited to those in Section 18 of the Municipal
Planning Strategy.
7.8
Coastal Protection
7.8.1
All developments must submit a development permit application to
the Development Officer demonstrating compliance to the regulations
specified in Sections 7.9, 7.10, and 7.11, in addition to any other
requirements outlined in this Land Use By-law.
7.9
Coastal Erosion
7.9.1
Within the Coastal Erosion Risk Area, all developments are strictly
prohibited within 30 horizontal metres (98 feet) measured from the
top of the bank to the main wall of the building.
(a)
If the top of the bank is not discernible within a 30 metre (98 foot)
range of the marine shoreline, the ordinary high-water mark will be
used and defined by a Nova Scotia land surveyor.
7.9.2
Within the Coastal Erosion Risk Area, a 15 metre (49 foot) vegetative
buffer area consisting of natural vegetation is required to lessen the
impact of runoff and erosion and protect sensitive coastal ecosystems.
The following requirements apply to the buffer:
(a)
no natural vegetation may be removed within 15 metres (49 feet) of
the top of bank or the ordinary high-water mark;
(b)
despite Subsection 7.9.2 some natural vegetation may be removed to
a maximum of the lesser of either 25 percent or 10 metres (33 feet)
of the waterfrontage to enable water views, access, and the
development of marine-related accessory uses;
(c)
in undeveloped areas, it is mandatory to restore a vegetative buffer
featuring a blend of woody and grassy vegetation before obtaining a
development permit, unless the natural landscape is inherently
unvegetated;
(d)
despite Subsection 7.9.2, the removal of dangerous or severely
diseased vegetation is permitted; and
Approved by Council July 29, 2026
MODL Land Use By-law | Page 54
(e)
despite Subsection 7.9.2, commercial, industrial, recreational, and
scientific uses that require direct access to the water are exempt
from maintaining a vegetative buffer.
7.9.3
Under the provisions of non-conforming structures the following must
be met:
(a)
within the Coastal Erosion Risk Area, existing structures may undergo
reconstruction, renovation, repair relocation or replacement;
(b)
new additions to a building footprint must be developed furthest
from the risk area, unless a qualified professional under the
provisions stated in 7.9.5 determines the addition is not at risk of
coastal erosion; and
(c)
all other applicable provisions of this Land Use By-law.
7.9.4
Permitted developments within the Coastal Erosion Risk Area include:
(a)
boathouses, fishing gear sheds, docks, decks, wharves, piers,
slipways, and other marine related uses;
(b)
scientific research structures;
(c)
the removal of vegetation and grade alterations necessary for
erecting erosion control and flood control measures above the
ordinary high-water mark. Natural vegetation must be reinstated
when excess vegetation has been removed within the vegetative
buffer area;
(d)
removal of windblown, diseased, or dead trees in hazardous
conditions;
(e)
trimming tree branches to improve the view plane and ventilation;
and
(f)
safety fences not exceeding a height of 1.9 metres (6 feet).
7.9.5
Despite Subsections 7.9.1and 7.9.2, the Development Officer may
grant a permit for building within the Coastal Erosion Risk Area. This is
contingent upon the completion of a Coastal Erosion Risk Factor
Assessment that shows the proposed development is not at risk due to
coastal erosion. The study must be conducted in accordance with the
methodology outlined by the Nova Scotia Department of Environment
Approved by Council July 29, 2026
MODL Land Use By-law | Page 55
and Climate Change's Development of a Coastal Erosion Risk Factor
Assessment Standard Technical Background and Guidance report. The
assessment, including a site plan carried out at the applicant's expense
by a qualified professional must also demonstrate the following:
(a)
The proposed development maintains a minimum setback of 15
metres (49 feet) from the top of the bank.
7.10 Coastal Flooding
7.10.1 In all coastal areas on lands within the Coastal Flood Risk Area, as
shown in Schedule B, no building may be constructed with the finished
floor level of any habitable space located below a vertical elevation of
3.97 metres (13 feet), relative to the Canadian Geodetic Vertical Datum
of 2013.
7.10.2 Institutional uses are explicitly prohibited in the Coastal Flood Risk
Area regardless of elevation.
7.10.3 Despite Subsections 7.10.1and 7.10.2, existing structures may be
reconstructed, rebuilt, renovated, repaired, moved, or replaced. New
additions may expand at or above the elevation of the current
structure, up to 100 percent of the existing footprint, as it existed as of
the date of the first publication of the notice of intention to adopt the
Land Use By-law, provided that all other applicable provisions of this
By-law are met.
7.11 Sensitive Coastal Ecosystems
7.11.1 All Development is prohibited within 30 metres (98 feet) of coastal
wetlands, as specified in Schedule B, the Environmental Features Map.
7.11.2 All Development is prohibited within a 30 metre (98 feet) vegetative
buffer surrounding coastal wetlands, as specified in Schedule B, the
Environmental Features map. This buffer must be maintained in a
naturalized state.
7.11.3 Despite Subsections 7.11.1 and 7.11.2, a property owner may submit a
study as evidence to demonstrate the absence of a wetland and
request the removal of the wetland from Schedule B, the
Environmental Features Map.
Approved by Council July 29, 2026
MODL Land Use By-law | Page 56
(a)
The Municipality may require confirmation from the Department of
Environment and Climate Change prior to accepting changes to
wetland protection boundaries shown on Schedule B, the
Environmental Features Map.
7.11.4 Permitted developments within coastal wetlands or the associated
vegetative buffers include:
(a)
boardwalks or nature interpretation stands;
(b)
conservation projects;
(c)
walking or hiking trails; and
(d)
recreational trails.
7.11.5 Under the provisions of non-conforming structures, the following must
be met:
(a)
existing structures may undergo reconstruction, renovation, repair
relocation or replacement;
(b)
new additions to a building footprint must be developed furthest
from coastal wetlands; and
(c)
all other applicable provisions of this Land Use By-law.
7.12 Community Gardens
7.12.1 The creation, maintenance, and expansion of community gardens will
be permitted in all zones without need for a development permit
except in the Protected Watershed One (PW-1) Zone and the Protected
Watershed Two (PW-2) Zone.
7.13 Connection to Central Services
7.13.1 New plumbed buildings must be connected to the public drinking
water system where such service is available. Where service availability
is disputed or unclear, the Municipal Engineer will decide based on site
conditions and available system capacity.
7.13.2 New plumbed buildings within 30 metres (98 feet) of a municipal
public sewer system must be connected to that public sewer.
Approved by Council July 29, 2026
MODL Land Use By-law | Page 57
7.14 Distance of New Dwellings or Institutional Uses to Existing
Large-scale Livestock Operations
7.14.1 A new residential dwelling or institutional use must meet a minimum
separation distance of 100 metres (328 feet) from a large-scale
livestock operation that existed prior to the residential or institutional
use. The separation distance will be measured from the livestock
related building, including any manure storage facilities that are
located adjacent to the livestock building, to the new development.
7.14.2 Despite Subsection 7.14.1, new residential dwellings located on the
same lot as a large-scale livestock operation, or residential dwellings
located on an adjacent property that are associated with the farm
property, are exempt from meeting the separation distance
requirement.
7.14.3 A dwelling or institutional use which does not meet the minimum
separation distance in this section may be considered by site plan
approval. The Development Officer may approve a site plan provided
the following conditions are met:
(a)
the site plan must show the proposed separation distance from the
large-scale livestock operations that existed prior to the residential or
institutional use;
(b)
the site plan must include all existing and proposed structures, the
location of all large-scale livestock operations that existed prior to the
residential or institutional use, and all watercourses;
(c)
the location of the proposed structure is situated on the property to
allow for the greatest possible separation distance from large-scale
livestock operations that existed prior to the residential or
institutional use; and
(d)
all measures and plans intended to reduce conflict between large-
scale livestock operations that existed prior to the residential or
institutional use and the proposed structure.
7.15 Existing Undersized Lots
7.15.1 Any lot legally in existence on or before the effective date of this By-
law, having less than the required minimum lot frontage or area, may
be:
Approved by Council July 29, 2026
MODL Land Use By-law | Page 58
(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 undersized lot under this By-
law.
7.16 Farm, Fish, and Forest Stands
7.16.1 The direct sale of farm products, including but not limited to,
vegetables, fruit, and flowers, fish or other seafood, and forestry
products, including but not limited to, Christmas trees, maple
products, and wreaths, by individuals or companies engaged in the
harvesting of such, will be permitted in all zones without need for a
development permit except in the Protected Watershed One (PW-2)
Zone and the Protected Watershed Two (PW-2) Zone.
7.17 Flag Lots
7.17.1 Where permitted, flag lots will be subject to the following
requirements:
(a)
minimum lot area requirements must be satisfied within the main or
"flag" portion of a flag lot; and
(b)
despite zone requirements, the flag lot must have minimum lot
frontage of 6 metres (20 feet), and the width of the prolongation or
"pole" shall be uniform along its entire length.
7.18 Frontage on a Road
7.18.1 Unless otherwise permitted by this By-Law, no development permit
will be issued for residential uses unless the lot intended for
development has frontage and access on a public or private road, or a
right-of-way-easement.
7.19 Heritage Incentives
7.19.1 To promote adaptive reuse of historic sites, a property or building that
is municipally, provincially, or federally registered as a heritage
Approved by Council July 29, 2026
MODL Land Use By-law | Page 59
property will be eligible for relaxations of By-law requirements as
outlined below:
Use
Permitted Incentive
Tourist Accommodations
Number of units permitted as-of-right
increased by 1.
7.19.2 Adaptive reuse of a property or building that is municipally,
provincially, or federally registered as a heritage property for a use not
otherwise permitted in the zone where it is located may be permitted
by development agreement.
7.20 Home-based Businesses
7.20.1 Home-based businesses in the Rural Residential (RR) Zone are subject
to the following requirements:
Approved by Council July 29, 2026
MODL Land Use By-law | Page 60
Home-based Businesses in Accessory Buildings
7.20.2 Accessory buildings may be utilized for a home-based business if the
business does not exceed the maximum floor area outlined in
Subsection 7.19.1c).
Personal Office or Studio
7.20.3 Nothing in this By-law will prevent, and no development permit will 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.
Home-based Businesses
a) Permitted Uses
The Commercial and Industrial Uses in the
Permitted Uses Table are permitted provided
that they are not listed below as non-
permitted.
b) Non-permitted Uses
Automobile Body Shops
Automobile Dealers and Rentals
Automobile Service Stations
Drive-through Restaurants
Heavy Equipment Sales & Rentals
Heavy Industrial Uses
Kennels
Licenced Liquor Establishments
Race Tracks
Shooting Ranges
Salvage Yards
c) Maximum Floor Area
The maximum floor area used for the home-
based business shall be less than 25 % of the
gross floor area of the main dwelling unit or 50
m2 (538 square feet), whichever is less. The
maximum size does not apply to day care
centres and residential care facilities.
Approved by Council July 29, 2026
MODL Land Use By-law | Page 61
7.21 Illumination
7.21.1 Exterior lighting on any lot must be directed away from and must not
cause glare on adjoining properties and any adjacent streets.
7.22 Inland Watercourses
7.22.1 All development is prohibited within 20 horizontal metres (66 feet) of
inland watercourses as specified in Schedule B, measured from the
ordinary high-water mark.
7.22.2 All development is prohibited within a 15 metre (48 foot) vegetative
buffer measured from inland watercourses as shown on Schedule B.
The buffer must consist of natural vegetation to lessen the impact of
runoff and erosion and protect sensitive ecosystems. The following
requirements apply to the buffer:
(a)
no natural vegetation may be removed within 15 metres (49 feet)
from the ordinary high-water mark;
(b)
despite Subsection 7.22.2(a), natural vegetation may be removed to a
maximum of the lesser of either 25 percent or 10 metres (33 feet), of
the waterfrontage to enable water views, access, and the
development of aquatic accessory uses;
(c)
in undeveloped areas, it is mandatory to restore a vegetative buffer
featuring a blend of woody and grassy vegetation before obtaining a
development permit, unless the natural landscape is inherently
unvegetated;
(d)
despite Subsection 7.22.2(a), the removal of dangerous, severely
diseased, or invasive species of vegetation is permitted. Natural
vegetation of native species must be reinstated following the
removal; and
(e)
despite Subsection 7.22.2, commercial, industrial, recreational, and
scientific uses that require direct access to the water are exempt
from maintaining a vegetative buffer.
7.22.3 Permitted developments within the inland watercourse horizontal
setback include:
(a)
boathouses, fishing gear sheds, docks, decks, wharves, piers,
slipways, and other aquatic uses;
Approved by Council July 29, 2026
MODL Land Use By-law | Page 62
(b)
scientific research structures;
(c)
the removal of vegetation and grade alterations necessary for
erecting erosion control and flood control measures above the
ordinary high-water mark. Natural vegetation must be reinstated
when excess vegetation has been removed within the vegetative
buffer area;
(d)
removal of windblown, diseased, or dead trees in hazardous
conditions;
(e)
trimming tree branches to improve the view plane and ventilation;
and
(f)
safety fences not exceeding a height of 1.9 metres (6 feet).
7.22.4 Despite Subsection 7.22.1 and 7.22.2, where a lot is an existing
undersized lot, a development permit may be issued for new
development or the relocation of an existing building within the
required inland watercourse setback or vegetative buffer, provided
that:
(a)
the building is sited at a minimum of 7 metres from the ordinary
high-water mark;
(b)
there is no reasonable alternative location on the lot that would
further increase the setback or buffer;
(c)
disturbance within the inland watercourse buffer is minimized to the
greatest extent practicable; and
(d)
all other applicable requirements of this Land Use By-law are
satisfied.
7.22.5 The following provisions apply to non-conforming structures and uses
located partially or fully within the watercourse setback:
(a)
within the 20 metre (65 foot) horizontal setback from significant
inland watercourses, existing structures may undergo reconstruction,
renovation, repair, relocation or replacement;
(b)
new additions to a building footprint must be developed in alignment
with Subsection 7.30 and 7.31, the non-conforming clauses of this
Land Use By-law; and
Approved by Council July 29, 2026
MODL Land Use By-law | Page 63
(c)
all other applicable provisions of this Land Use By-law apply.
7.23 Inland Watercourses in Protected Watershed Zones
7.23.1 Within all lots in the Protected Watershed One (PW-1) Zone and
Protected Watershed Two (PW-2) Zone that are adjacent to a
significant inland watercourse as shown in Schedule B, all
developments are prohibited within 75 horizontal metres (246 feet)
measured from the ordinary high-water mark.
7.23.2 Within all lots in the Protected Watershed One (PW-1) Zone and
Protected Watershed Two (PW-2) Zone that are adjacent to a
significant inland watercourse as shown in Schedule B, a 30 metre (98
foot) vegetative buffer area must be maintained in a naturalized state.
7.23.3 Despite Subsection 7.23.2, a property owner may establish a walking
trail for the purpose of water access within the vegetative buffer.
7.24 Inland Wetlands
7.24.1 All development is prohibited within 20 metres (65 feet) of inland
wetlands as specified in Schedule B.
7.24.2 All development is prohibited within a 20 metre (65 foot) vegetative
buffer measured from Inland Wetlands shown on Schedule B. This
buffer must be maintained in a naturalized state.
7.24.3 Despite Subsections 7.24.1and 7.24.2, where a lot is an existing
undersized lot, a development permit may be issued for new
development or the relocation of an existing building within the
required inland wetland setback or vegetative buffer, provided that:
(a)
the building is sited at a minimum of 7 metres from the ordinary
high-water mark;
(b)
there is no reasonable alternative location on the lot that would
further increase the setback or buffer;
(c)
disturbance within the inland wetland buffer is minimized to the
greatest extent practicable; and
(d)
all other applicable requirements of this Land Use By-law are
satisfied.
Approved by Council July 29, 2026
MODL Land Use By-law | Page 64
7.24.4 Despite Subsections 7.24.1 and 7.24.2, a property owner may submit a
study as evidence to demonstrate the absence of a wetland and
request the removal or adjustment of the wetland boundaries from
Schedule B.
(a)
the Municipality may require confirmation from the Provincial
Department of Environment and Climate Change prior to accepting
changes to wetland protection boundaries shown on Schedule B.
7.24.5 Permitted developments within wetlands or the associated vegetative
buffers include:
(a)
boardwalks or nature interpretation stands;
(b)
conservation projects and activities;
(c)
walking or hiking trails; and
(d)
recreational trails.
7.24.6 The following provisions apply to non-conforming structures and uses
that are located partially or fully within the wetland setback:
(a)
existing structures may undergo reconstruction, renovation, repair
relocation or replacement;
(b)
any expansion to a building footprint must be developed in alignment
with Subsection 7.30 and 7.31, the non-conforming clauses of this
Land Use By-law; and
(c)
all other applicable provisions of this Land Use By-law.
7.25 Island Developments
7.25.1 Despite minimum lot frontage requirements, the Development Officer
may grant a development permit for development on an island,
provided the lot has a minimum of 6 metres (20 feet) of water frontage
on the body of water that creates the island and all other
requirements of this By-law are met.
7.26 Kennels
7.26.1 Despite minimum side and rear yard setback requirements, kennels,
where permitted, are subject to the following requirements:
Approved by Council July 29, 2026
MODL Land Use By-law | Page 65
(a)
side and rear yard setbacks must be a minimum of 20 metres (65
feet); and
(b)
structures related to a kennel use must meet a minimum separation
distance of 50 metres (164 feet) from the closest off-site residential or
institutional use.
7.27 Lots Created by a Plan of Subdivision Lacking Minimum
Frontage
7.27.1 Despite minimum lot frontage requirements established elsewhere in
this By-law, new lots which meet exemption criteria for lot frontage
under the Municipality's Subdivision By-law are permitted, provided all
other applicable provisions of this By-law are met.
7.28 Multiple Main Buildings
7.28.1 Unless otherwise prohibited in this By-law, any number of main
buildings may be located on the same lot, subject to applicable zone
requirements.
7.29 Multiple Uses in a Building
7.29.1 Where any main building is to be used for more than one purpose and
applicable requirements are in conflict, the more stringent
requirement(s) apply.
7.30 Non-Conforming Cluster Developments
7.30.1 For cluster developments established as bare land or phased land
condominiums, all units registered with the Registrar of
Condominiums by December 31, 2026 as evidenced by registration at
the appropriate Land Registration Office under the Land Registration
Act will be recognized by Council as non-conforming. For non-phased
cluster developments, Council will extend the same recognition to
those that obtain a complete building permit application by December
31, 2026. In the case of phased condominium developments, only the
units registered by December 31, 2026, will be considered non-
conforming, regardless of whether the approved Condominium
Declaration anticipates additional phases.
Approved by Council July 29, 2026
MODL Land Use By-law | Page 66
7.31 Non-Conforming Structures
7.31.1 A structure lawfully in existence on the date of adoption of this By-law
that does not meet the requirements of the zone in which it is located,
is considered a non-conforming structure under Section 238 of the
Municipal Government Act.
7.31.2 Non-conforming structures must be subject to the following
requirements:
(a)
non-conforming structures may expand provided the expansion to
the building or structure does not further reduce the setback that
does not conform to the requirements; and
(b)
non-conforming structures containing main residential uses may be
rebuilt or replaced in substantially the same footprint and be
occupied by the same use.
7.32 Non-Conforming Uses
7.32.1 Uses of land that existed on the date of adoption of this By-law and
that do not conform to the requirements of this By-law are considered
non-conforming under Section 238 of the Municipal Government Act
and may continue to exist subject to the provisions of the Act (Sections
239-241) or applicable policies of the Municipal Planning Strategy.
Non-conforming uses that have been discontinued for a period less
than 12 months will be permitted to be recommenced.
7.32.2 Non-conforming structures for residential uses may be:
(a)
rebuilt, replaced or repaired if destroyed or damaged by fire or
otherwise, if it is substantially the same as it was before the
destruction or damage and it is occupied by the same use; and
(b)
enlarged, reconstructed, repaired or renovated where:
(i)
the enlargement, reconstruction, repair or renovation does not
further reduce the minimum required yards or separation
distance that do not conform with the Land Use By-law, and
(ii)
all other applicable provisions of the Land use By-law except
minimum frontage and area are satisfied.
Approved by Council July 29, 2026
MODL Land Use By-law | Page 67
7.33 Outdoor Storage of Fishing Gear and Equipment
7.33.1 The storage of fishing gear and equipment in the yard of a residential
use in any zone is permitted.
7.34 Permitted Encroachments in Minimum Setbacks
7.34.1 Every part of any minimum setback required by this By-law must be
open and unobstructed by any structure from the ground to the sky.
7.34.2 Despite zone requirements, the following structures may project into
or be located in a required minimum setback in accordance with the
distances set out as follows:
7.35 Private Road Lot Frontage/Flankage Setbacks
7.35.1 Where this By-law permits development on a private road, lot frontage
and minimum front/flankage setbacks will be measured from the edge
of the private road right-of-way or from the edge of the private road
surface, whichever results in a smaller measured setback.
Structure
Required Setback
in which
Encroachment is
Permitted
Permitted
Encroachment
Distance
Balconies, decks, patios, steps,
verandas, porches (open) not
exceeding one storey in height,
terraces (uncovered)
Any yard
2 m, but not
permitted within
1 m of lot line
Barrier free access structures
Any yard
To lot line
Carports
Rear and side yard
0.6 m
Exterior insulation retrofitted to an
existing dwelling
Any yard
0.3 m
Fire escapes and exterior staircases
Rear and side yard
1.5 m
Sills, belt courses, cornices, eaves,
gutters, chimneys, pilasters, or
similar architectural features
Any yard
0.6 m
Window bays (up to 3 m wide)
Any yard
1.2 m
Approved by Council July 29, 2026
MODL Land Use By-law | Page 68
7.36 Private Storage Buildings
7.36.1 Where there is no main building on the lot and it is listed as a
permitted use, private storage buildings are permitted provided that
the applicable zone requirements for the main building are satisfied as
if the private storage building was regarded as the main building on
the lot.
7.37 Protected Watershed Overlay
7.37.1 Development is prohibited within 30 horizontal metres (98 feet) of the
ordinary high-water mark of significant inland watercourses as shown
on Schedule B, which are also located within the Protected Watershed
(PW-3) Overlay, as shown on Schedule A.
7.37.2 Permitted developments within the Protected Watershed (PW-3)
Overlay horizontal watercourse setback include:
(a)
boathouses, fishing gear sheds, docks, decks, wharves, piers,
slipways, and other aquatic uses;
(b)
scientific research structures;
(c)
the removal of vegetation and grade alterations necessary for
erecting erosion control and flood control measures above the
ordinary high-water mark. Natural vegetation must be reinstated
when excess vegetation has been removed within the vegetative
buffer area;
(d)
removal of windblown, diseased, or dead trees in hazardous
conditions; and
(e)
trimming tree branches to improve the view plane and ventilation.
7.37.3 Despite Subsection 7.36.1, where a lot is an existing undersized lot, a
development permit may be issued for new development or the
relocation of an existing building within the required inland
watercourse setback, provided that:
(a)
the building is sited at a minimum of 7 metres from the ordinary
high-water mark;
Approved by Council July 29, 2026
MODL Land Use By-law | Page 69
(b)
there is no reasonable alternative location on the lot that would
further increase the setback or buffer;
(c)
disturbance within the inland watercourse buffer is minimized to the
greatest extent practicable; and
(d)
all other applicable requirements of this Land Use By-law are
satisfied.
7.37.4 Within the Protected Watershed (PW-3) Overlay, fencing which
contains pasturing and grazing farm animals must be set back a
minimum of 100 metres (328 feet) from the ordinary high-water mark
of all significant inland watercourses, as shown on Schedule B.
7.38 Public Utilities
7.38.1 Unless specified in this By-law, any public utility infrastructure that is
essential for the provision of a service is permitted in any zone and is
exempt from meeting the zone requirements. This includes, but is not
limited to, water supply facilities, wastewater treatment facilities,
pumping stations, stormwater management facilities, and electrical
substations, but does not include solar collector systems, wind
turbines, wind turbine generators, and other associated uses such as
administrative offices, and maintenance depots.
7.39 Recreational Vehicles
7.39.1 Temporary habitation of a recreational vehicle is permitted for up to
180 days in any given calendar year and does not require a
development permit.
7.39.2 A recreational vehicle may be permitted as the primary use on a lot for
more than 180 days if a development permit for a recreational vehicle
parking site is obtained and the following requirements are met:
(a)
a maximum of three recreational vehicles are permitted to park on a
recreational vehicle parking site at a time; and
(b)
a recreational vehicle and its parking area are subject to all setback
requirements for residential uses in the zone.
7.39.3 Despite Subsections 7.39.1and 7.39.2 above, a recreational vehicle
may be permitted on a lot and no development permit is required, for
Approved by Council July 29, 2026
MODL Land Use By-law | Page 70
the purposes of providing temporary accommodation while a
permanent dwelling on the same property is under construction,
provided that there remains an active building permit issued by the
Municipality for the dwelling.
7.40 Shipping Containers Used for Storage
7.40.1 Shipping containers are permitted as an accessory structure in all
zones, subject to the accessory structure provisions of Section 7.2.
7.40.2 Shipping containers are limited to a maximum of three containers per
lot in the Rural Residential (RR) Zone, Rural Village (RUV) Zone, and
Mixed Use Serviced (MUS) Zone.
7.41 Short-term Rentals
7.41.1 In the Mixed Use Serviced (MUS) Zone, a short-term rental is only
permitted within the host's principal dwelling. A maximum of three
rooms may be used for a short-term rental within a dwelling unit.
7.42 Solar Collectors
7.42.1 Where permitted, on-building accessory solar collector systems will be
considered an addition to a structure and will require a development
permit.
7.42.2 On-building accessory solar collector systems are permitted on
designated heritage buildings and properties provided that the
building's characteristic defining elements remain intact.
7.42.3 Off-building accessory solar collectors, where permitted, will be
treated as accessory structures and must comply with the
requirements for accessory structures.
7.43 Special Uses Permitted
7.43.1 Nothing in this By-law will prohibit structures associated with uses for
special occasions provided only that no such structure remains in
place for more than 14 consecutive days.
Approved by Council July 29, 2026
MODL Land Use By-law | Page 71
7.44 Swimming Pools
7.44.1 All outdoor swimming pools situated at or below grade must be
completely enclosed by a fence. All fences and gates must be a
minimum of 1.5 metres (5 feet) in height above the grade level and
must be secured from unauthorized access.
7.45 Telecommunications Towers
7.45.1 Telecommunications towers are subject to federal approvals
processes, therefore nothing in this By-law will prevent the use of land
for their installation. However, the Municipality follows Policy MODL-69
for Antenna Siting Protocol, and any related accessory structures will
require the appropriate permits.
7.46 Visibility at Intersections
7.46.1 Despite 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 may be erected or permitted to grow to a
height greater than 0.6 metres (2 feet) above grade within the corner
vision triangle.
7.47 Wharves, Docks, and Slipways
7.47.1 Wharves, docks, and slipways are permitted in any zone without need
for a development permit.
7.48 Wind Turbine Generators
7.48.1 All wind turbine generators will be subject to the requirements below:
(a)
any climbing apparatus associated with the wind turbine generator
will be retracted or locked to prevent unauthorized climbing to a
minimum of three metres (10 feet) above grade;
(b)
the wind turbine generator must bear a non-reflective finish, and not
contain any exterior lighting except as required by relevant
transportation authorities;
(c)
no signs on the wind turbine generator are permitted other than the
owner's or manufacturer's identification;
Approved by Council July 29, 2026
MODL Land Use By-law | Page 72
(d)
with the exception of micro wind turbine generators (MWT),
development permit applications for all wind turbine generators, in
addition to standard required information, must be accompanied by
documentation of:
(i)
manufacturer's information, including the type of wind turbine,
total height, rotor diameter, maximum rated output capacity,
colour, and Canadian Standards Association (or equivalent);
(ii)
authorization documents from Transport Canada and NavCan,
or successor bodies;
(iii) tower and base designs certified by an engineer licensed to
practice in Nova Scotia, and applicable letters of undertaking;
and
(e)
nothing in this By-law will exempt wind turbine generators from
meeting relevant federal or provincial regulations.
7.48.2 Where permitted, micro wind turbine (MWT) generators will be
considered an accessory structure and will be subject to the following:
(a)
the maximum power generation capacity must be no greater than 1
kW; and
(b)
setbacks will be the same as any other accessory structure.
7.48.3 Where permitted, small-scale wind turbine (SWT) generators will be
subject to the following:
(a)
rotor blade clearance must be at least seven metres (22 feet) from
grade;
(b)
setbacks must be no less than 1.5 times the height of the turbine
closest to the adjacent lot line, provided that the resulting sound
levels do not exceed 40dB(A) above existing background noise at that
property line. If the sound levels do exceed above 40dB(A) despite the
1.5 times turbine height setback, additional setbacks will be
determined through the Municipality's wind turbine calculation chart,
unless the owner of the neighboring property agrees to reduce the
setback in writing at which point the 1.5 times turbine height setback
will prevail;
Approved by Council July 29, 2026
MODL Land Use By-law | Page 73
(c)
setbacks from watercourses must be no less than 1 times the height
of the turbine;
(d)
the separation distance between SWT generators on the same lot will
be equal to at least 1 times the height of the tallest wind turbine on
said lot; and
(e)
multiple SWT generators are permitted on the same lot, provided that
they meet the setback requirements of 7.48.3 (b), (c), and (d).
Calculation Example:
A wind turbine with a manufactures maximum acoustical emission of 85dB(A) will
require a 28 m setback to reduce the noise level to 45dB(A) at the property line.
Maximum Sound Level at
Property Line
- Wind Turbine Peak
Emission
= Change in Sound Level
45dB(A)
-
85dB(A)
= -40dB(A)
Sound Level by Distance from Source
Distance
Sound Level
Change
dB(A)
Distance
Sound Level
Change
dB(A)
Distance
Sound
Level
Change
dB(A)
4.5
-24
100
-52
355
-63
9
-30
112
-53
398
-64
16
-35
126
-54
447
-65
28
-40
141
-55
502
-66
40
-43
159
-56
563
-67
50
-45
178
-57
632
-68
56
-46
200
-58
709
-69
63
-47
224
-59
795
-70
71
-49
251
-60
892
-71
80
-50
282
-61
89
-51
317
-62
Approved by Council July 29, 2026
MODL Land Use By-law | Page 74
The "The "Change in Sound Level" value (-40) can be entered into the "Sound Level
by Distance from Source" table to determine the distance required (28 m) to reduce
the sound level to 45dB(A) at the property line. The distance value read in the table
is the setback value (28 m from adjacent property lines).
The above calculation example is intended for clarification and convenience
and does not form part of this by-law.
7.48.4 Where permitted, large-scale wind turbine (LWT) generators must
meet the following requirements:
(a)
submit a decommissioning plan, which will become part of the
development agreement;
(b)
submit a study assessing the environmental impact of the
development from a qualified professional;
(c)
establish a minimum setback for the LWT generator that is 4 times
the turbine height from adjacent property lines. However, this
setback distance may be subject to change if any of the following
occur:
(i)
if the sound levels exceed 40dB(A) above existing background
noise, additional setbacks will be determined through the
Municipality's wind turbine calculation chart;
(ii)
conversely, the setback distance could be reduced to 1.5 times
the turbine height from adjacent property lines, if the
neighboring property is publicly owned and does not represent
historical or environmental significance, or if the owner of the
neighboring property agrees to reduce the setback in writing;
and
(d)
notify all landowners within 750 metres (2,460 feet) of the property.
Approved by Council July 29, 2026
MODL Land Use By-law | Page 75
8
Parking
8.1.1
The parking provisions of this Section apply only to those lands located
within the Mixed Use Serviced (MUS) Zone as shown on Schedule A.
8.1.2
Where a lot has frontage on a street, parking and loading areas must
be located in the rear yard.
8.1.3
Despite Section 8.1.2, parking and loading areas must not be located
in a rear yard that abuts a street, unless screened from the street
through the use of landscaping that provides a filtered view,
regardless of season, from the street.
8.1.4
Despite Sections 8.1.2 and 8.1.3, the Development Officer may permit
flexibility for redevelopment projects that involve a change of use
within an existing structure or the redevelopment of an existing
structure on a property within the Mixed Use Serviced Zone.
8.1.5
Landscaping in the form of vegetation must be incorporated into the
parking lots, with five or more parking spaces, to reduce the visual
impact of large open parking areas, and to provide a filtered view from
the street.
8.1.6
Where possible, parking lots must locate next to adjacent parking lots,
and access to parking must be combined with existing parking lots
entrances.
8.1.7
If access points are approved, there should be two curb cuts per lot for
parking lot access.
8.1.8
Vehicular access locations will be subject to the approval of the
relevant traffic authority.
Approved by Council July 29, 2026
MODL Land Use By-law | Page 76
9
Zones and Zone Mapping
9.1
Zones
9.1.1
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:
9.1.2
In addition to Subsection 9.1.1, this By-law contains the following
overlay zone, on the attached Schedule A, which implements
additional requirements beyond those created by the underlying
zoning:
Overlay Name
Overlay Symbol
Protected Watershed Overlay
PW-3
9.2
Zoning Map
9.2.1
Schedule A attached hereto will be cited as the "Zoning Map".
9.2.2
The Zoning Map forms part of this Land Use By-law.
Zone Name
Zone Symbol
Conservation
C
Mixed Use Serviced Zone
MUS
Protected Watershed One Zone
PW-1
Protected Watershed Two Zone
PW-2
Recreation and Parks Zone
P
Rural General Zone
RU
Rural Residential Zone
RR
Rural Village Zone
RUV
Approved by Council July 29, 2026
MODL Land Use By-law | Page 77
10
Rural Zones
10.1 Permitted Uses in the Rural Zones
10.1.1 The following tables outline the permitted uses for the Rural General
(RU) Zone, , Rural Residential (RR) Zone, and Rural Village (RUV) Zone
subject to the following scheme:
(a)
Uses indicated with a "P" are permitted as-of-right, subject to all
requirements of this By-law and any Sections noted in the "Special
Requirements" column.
(b)
Uses indicated with an "SP" are permitted through Site Plan Approval
and may be subject to unique site plan criteria included in the By-law.
(c)
Uses indicated with a "DA" are permitted through Development
Agreement and are subject to Sections 18.4 - 18.7 of the Municipal
Planning Strategy.
(d)
Uses denoted with a "-" are not permitted within the zone.
Approved by Council July 29, 2026
MODL Land Use By-law | Page 78
Residential Uses in the Rural Zones
Land Use
Rural
General
(RU)
Rural
Residential
(RR)
Rural
Village
(RUV)
Special
Requirements
Cluster
Developments
DA
DA
DA
Section 7.7
Dwellings -
1 to 2 units
3 to 5 units
6 or more units*
P
P
SP
P
P
SP
P
P
SP
* Dwelling units
must be
contained within
a single building,
otherwise, may be
considered
Cluster
Development.
Home-based
Businesses
P
*P
P
* Section 7.20
Recreational
Vehicle Parking
Sites
P
P
P
Section 7.39
Residential Care
Facilities
P
P
P
Small Option
Homes
P
P
P
Tiny Houses
P
P
P
Approved by Council July 29, 2026
MODL Land Use By-law | Page 79
Commercial and Industrial Uses in the Rural Zones
Land Use
Rural
General
(RU)
Rural
Residential
(RR)
Rural
Village
(RUV)
Special
Requirements
Accommodations
Tourist -
1 to 3 units
4 to 6 units
7 to 12 units
13 or more
units
P
P
P
SP
P
P
SP
DA
P
P
P
SP
Animal Care
P
-
P
Animal Shelters
P
-
P
Art Gallery/Studio
P
-
P
Automobile Body
Shops
P
-
SP
Automobile
Service Stations
SP
-
SP
Automobile
Repair Shops
P
-
SP
Automobile
Dealer and
Rentals
P
-
-
Banks and
Financial
Institutions
P
-
P
Boat Building and
Repair
P
-
P
Breweries,
Distilleries and
Wineries
P
-
P
Campgrounds and
RV Parks
DA
DA
DA
Cannabis
Production
Facilities
DA
-
DA
Approved by Council July 29, 2026
MODL Land Use By-law | Page 80
Land Use
Rural
General
(RU)
Rural
Residential
(RR)
Rural
Village
(RUV)
Special
Requirements
Commercial
Recreation -
Indoor
Outdoor
P
P
-
-
P
P
Convenience
Stores
P
-
P
Craft Product
Workshops
P
-
P
Craft Shops
P
-
P
Day Care Centres
P
-
P
Excavation,
Construction, and
Landscaping
Services
P
-
SP
Funeral Homes
P
-
P
Garden Centres
P
-
P
Heavy Equipment
Sales & Rentals
P
-
SP
Industrial Uses -
Light
Less than
1000m2 GFA
Greater than
1000m2 GFA
P
P
-
-
SP
DA
Industrial Uses -
Heavy
DA
-
-
Kennels
P
-
SP
Section 7.26
Licenced Liquor
Establishments
P
-
P
Marinas
P
-
P
Marine Recreation
Providers
P
-
P
Personal Service
Shops
P
-
P
Approved by Council July 29, 2026
MODL Land Use By-law | Page 81
Land Use
Rural
General
(RU)
Rural
Residential
(RR)
Rural
Village
(RUV)
Special
Requirements
Places of
Assembly
P
-
P
Private Clubs
P
-
P
Professional
Offices
P
-
P
Race Tracks
DA
-
-
Recycling Depots
P
-
SP
Restaurants -
Drive-through
Eat-in
Take-out
SP
P
P
-
-
-
SP
P
P
Retail Lumber
and Home
Improvement
Yards
SP
-
SP
Retail Stores -
Less than 500m2
GFA
Between 501m2
-2,000m2 GFA
Greater than
2,000m2 GFA
P
P
SP
-
-
-
P
SP
-
Salvage Yards
DA
-
-
Schools -
Commercial
P
-
P
Self-storage
Facilities
P
-
P
Service and Repair
Shops
P
-
P
Shooting Ranges
DA
-
-
Solar Collector
Systems -
Accessory
Commercial
P
DA
P
-
P
-
Section 7.42
Approved by Council July 29, 2026
MODL Land Use By-law | Page 82
Land Use
Rural
General
(RU)
Rural
Residential
(RR)
Rural
Village
(RUV)
Special
Requirements
Solid Waste -
Disposal
Facilities
Transfer
Facilities
DA
DA
-
-
-
-
Summer Camps
P
SP
SP
Wind Turbine
Generators -
Micro
Small-scale
Large-scale
P
P
DA
P
P
-
P
-
-
Section 7.48
Approved by Council July 29, 2026
MODL Land Use By-law | Page 83
Institutional Uses in the Rural Zones
Land Use
Rural
General
(RU)
Rural
Residential
(RR)
Rural
Village
(RUV)
Special
Requirements
Cemeteries
P
P
P
Section 7.6
Community
Centres
P
-
P
Cultural Facilities
P
-
P
Emergency
Services
P
-
P
Government Uses
P
-
P
Hospitals
P
-
P
Interpretive
Centres
P
-
P
Medical Clinics
P
-
P
Nursing Homes
P
-
P
Parks and
Playgrounds
P
P
P
Places of
Assembly
P
-
P
Places of Worship
P
P
P
Recreation
Centres
P
-
P
Recreational Uses
P
P
P
Schools -
Academic
P
-
P
Schools -
Post-secondary
P
-
P
Trails and
Conservation Uses
P
P
P
Approved by Council July 29, 2026
MODL Land Use By-law | Page 84
Agriculture and Natural Resource Uses in the Rural Zones
Land Use
Rural
General
(RU)
Rural
Residential
(RR)
Rural
Village
(RUV)
Special
Requirements
Abattoirs
SP
-
-
Aggregate and
Mineral Extraction
Operations
DA
-
-
Aggregate
Processing
Facilities
SP
-
-
Agricultural Uses
P
P
P
Agritourism
P
P
P
Aquaculture
Operations
(Land-based)
P
-
-
Community
Gardens
P
P
P
Equestrian
Facilities
P
-
-
Farm, Fish, and
Forest Stands
P
P
P
Farmers' Markets
P
P
P
Fish Processing
DA
-
DA
Fishing and
Marine Accessory
Uses
P
P
P
Fishing and
Marine Industrial
Uses
P
-
SP
Forestry
Processing
Facilities
P
-
DA
Forestry
Supportive Uses
P
-
P
Approved by Council July 29, 2026
MODL Land Use By-law | Page 85
Other Uses in the Rural Zones
Land Use
Rural
General
(RU)
Rural
Residential
(RR)
Rural
Village
(RUV)
Special
Requirements
Accessory
Buildings and
Structures*
P
P
P
*Subject to
Sections 7.2
and 7.3
Lawfully Existing
Uses
P
P
P
Private Storage
Buildings
P
P
P
Section 7.36
Approved by Council July 29, 2026
MODL Land Use By-law | Page 86
10.2 Development Standards for the Rural Zones
10.2.1 The following minimum standards will apply to lots in the Rural
General (RU) Zone, Rural Residential (RR) Zone, and Rural Village (RUV)
Zone:
NSECC= Nova Scotia Department of Environment and Climate Change
* Minimum lot sizes and some elements relating to configuration are also
dependent upon approval by the Provincial Department of Environment and
Climate Change and in some instances, by Nova Scotia Public Works. In cases
of discrepancy, the more stringent requirements will apply.
Development
Requirements
Rural
General
(RU)
Rural
Residential
(RR)
Rural
Village
(RUV)
Minimum Lot Area*
Serviced Lot
-
-
350 m2
Un-serviced
Lot
2,700 m2
2,700 m2
Minimum
required by
NSECC for
septic
approval
Minimum Lot Frontage
30 m
10 m
10 m
Minimum Front/
Flankage Setback
6 m
3 m
0 m
Minimum Side Setback
2 m
2 m
2 m
Minimum Rear Setback
2 m
2 m
2 m
Approved by Council July 29, 2026
MODL Land Use By-law | Page 87
10.3 Site Plan Requirements for Multi-Unit Residential and Tourist
Accommodations in the Rural Zones
10.3.1 Where a multi-unit residential and/or tourist accommodation
development is permitted by site plan approval in the Rural General
(RU) Zone, Rural Residential (RR) Zone, and Rural Village (RUV) Zone,
the Development Officer may approve a site plan provided the
requirements of this By-law and the following conditions are met.
(a)
Parking and Access Requirements:
(i)
vehicular access locations must be subject to the approval of the
relevant traffic authority;
(ii)
parking, loading, and access areas must be designed to safely
accommodate emergency and service vehicles;
(b)
Pedestrian Walkways:
(i)
a minimum of one pedestrian walkway with a minimum width of
one metre must be provided from parking areas to the primary
entrances of residential buildings;
(ii)
pedestrian walkways should be clearly delineated from vehicular
travel areas through the use of paving materials, landscaping,
grade separation, or other appropriate design measures;
(iii) where multiple buildings are proposed, pedestrian walkways
must be provided to allow safe and direct movement between
buildings and shared amenity areas;
(c)
Stormwater Management:
(i)
the applicant must demonstrate that a stormwater management
system will be provided that ensures the post development
stormwater flows leaving the property will be equal to or less
than the pre-development stormwater flows that leave the
property;
(ii)
all plans related to stormwater management must be reviewed
and accepted by the Municipal Engineer;
(d)
Water Supply:
Approved by Council July 29, 2026
MODL Land Use By-law | Page 88
(i)
the applicant must demonstrate that an adequate and
sustainable water supply is available to serve the proposed
development;
(ii)
the application must identify the proposed source of water
supply and provide an estimate of anticipated water demand
based on the number of dwelling units;
(iii) Where a proposed multi-unit residential development in an un-
serviced area contains ten or more dwelling units, the
application must include a water assessment or hydrological
study prepared by a qualified professional, demonstrating:
(1) that an adequate and sustainable water supply is available to
serve the proposed development;
(2) that the proposed development will not result in adverse
impacts on neighbouring wells or groundwater resources; and
(3) that the scope and level of detail of the study is
proportionate to the scale and context of the proposed
development and is prepared in accordance with applicable
provincial requirements.
Approved by Council July 29, 2026
MODL Land Use By-law | Page 89
11
Environment and Recreation Zones
11.1 Permitted Uses in the Environmental and Recreational Zones
11.1.1 The following tables outline the permitted uses for the
Conservation (C) Zone, Protected Watershed One (PW-1) Zone,
Protected Watershed Two (PW-2) Zone, and Recreation and Parks (P)
Zone subject to the following scheme:
(a)
Uses indicated with a "P" are permitted as-of-right, subject to all
requirements of this By-law and any Sections noted in the "Special
Requirements" column.
(b)
Uses indicated with an "SP" are permitted through Site Plan Approval
and may be subject to unique site plan criteria included in this By-law.
(c)
Uses indicated with a "DA" are permitted through Development
Agreement and are subject to Sections 18.4 - 18.7 of the Municipal
Planning Strategy.
(d)
Uses denoted with a "-" are not permitted within the zone.
Approved by Council July 29, 2026
MODL Land Use By-law | Page 90
Residential Uses in the Environmental and Recreational Zones
Land Use
Conservation
(C)
Protected
Watershed
One
(PW-1)
Protected
Watershed
Two
(PW-2)
Recreation
and Parks
(P)
Special
Requirements
Dwellings -
1 to 2 units
3 to 5 units
6 or more units
-
-
-
-
-
-
P
-
-
-
-
-
Small Option
Homes
-
-
P
-
Tiny Houses
-
-
P
-
Approved by Council July 29, 2026
MODL Land Use By-law | Page 91
Commercial and Industrial Uses in the Environmental and Recreational Zones
Land Use
Conservation
(C)
Protected
Watershed
One
(PW-1)
Protected
Watershed
Two
(PW-2)
Recreation
and Parks
(P)
Special
Requirements
Marinas
-
-
-
P
Marine Recreation
Providers
-
-
-
P
Restaurants -
Drive-through
Eat-in
Take-out
-
-
-
-
-
-
-
-
-
-
-
P
Solar Collector
Systems -
Accessory
Commercial
P
-
-
-
P
-
P
-
Section 7.42
Wind Turbine
Generators -
Micro
Small-scale
Large-scale
-
-
-
-
-
-
-
-
-
P
P
-
Section 7.48
Approved by Council July 29, 2026
MODL Land Use By-law | Page 92
Institutional Uses in the Environmental and Recreational Zones
Land Use
Conservation
(C)
Protected
Watershed
One
(PW-1)
Protected
Watershed
Two
(PW-2)
Recreation
and Parks
(P)
Special
Requirements
Cemeteries
P
-
-
P
Section 7.6
Community
Centres
-
-
-
P
Cultural
Facilities
-
-
-
P
Government
Uses
P
-
-
P
Interpretive
Centres
-
-
-
P
Parks and
Playgrounds
-
-
-
P
Places of
Worship
-
-
-
P
Recreation
Centres
-
-
-
P
Recreational
Uses
-
-
-
P
Trails and
Conservation
Uses
P
-
P
P
Approved by Council July 29, 2026
MODL Land Use By-law | Page 93
Agriculture and Natural Resource Uses in the Environmental and Recreational
Zones
Other Uses in the Environmental and Recreational Zones
Land Use
Conservation
(C)
Protected
Watershed
One
(PW-1)
Protected
Watershed
Two
(PW-2)
Recreation
and Parks
(P)
Special
Requirements
Community
Gardens
P
-
-
P
Farm, Fish, and
Forest Stands
P
-
-
P
Farmers'
Markets
-
-
-
P
Fishing and
Marine
Accessory Uses
-
-
-
P
Water Utilities
-
P
-
-
Land Use
Conservation
(C)
Protected
Watershed
One
(PW-1)
Protected
Watershed
Two
(PW-2)
Recreation
and Parks
(P)
Special
Requirements
Accessory
Buildings and
Structures*
-
-
P
-
Subject to Sections
7.2 and 7.3
Lawfully
Existing Uses
-
-
-
P
Private Storage
Buildings
-
-
P
P
Section 7.36
Approved by Council July 29, 2026
MODL Land Use By-law | Page 94
11.2 Development Standards for the Environmental and Recreational
Zones
11.2.1 The following minimum standards will apply to lots in the
Conservation (C) Zone, Protected Watershed One (PW-1) Zone,
Protected Watershed Two (PW-2) Zone, and Recreation and Parks (P)
Zone:
* Minimum lot sizes and some elements relating to configuration are also
dependent upon approval by the Provincial Department of Environment and
Climate Change and in some instances, by Nova Scotia Public Works. In cases
of discrepancy, the more stringent requirements will apply.
Development
Requirements
Conservation
(C)
Protected
Watershed
One
(PW-1)
Protected
Watershed
Two
(PW-2)
Recreation
and Parks
(P)
Minimum Lot Area*
Serviced Lot
-
-
-
2,700 m2
Un-serviced
Lot
2,700 m2
15,000 m2
15,000 m2
2,700 m2
Minimum Lot Frontage
15 m
150 m
150 m
15 m
Minimum Front/
Flankage Setback
2 m
2 m
2 m
2 m
Minimum Side Setback
2 m
2 m
2m
2 m
Minimum Rear Setback
2 m
2 m
2 m
2 m
Approved by Council July 29, 2026
MODL Land Use By-law | Page 95
12
Growth Centre Zones
12.1 Permitted Uses in the Growth Centre Zones
12.1.1 The following tables outline the permitted uses for the Mixed Use
Serviced (MUS) Zone subject to the following scheme:
(a)
Uses indicated with a "P" are permitted as-of-right, subject to all
requirements of this By-law and any Sections noted in the "Special
Requirements" column.
(b)
Uses indicated with an "SP" are permitted through Site Plan Approval
and may be subject to unique site plan criteria included in this By-law.
(c)
Uses indicated with a "DA" are permitted through Development
Agreement and are subject to Sections 18.4 - 18.7 of the Municipal
Planning Strategy.
(d)
Uses denoted with a "-" are not permitted within the zone.
Approved by Council July 29, 2026
MODL Land Use By-law | Page 96
Residential Uses in the Growth Centre Zones
Land Use
Mixed Use
Serviced
(MUS)
Special
Requirements
Cluster
Developments
DA
Section 7.7
Dwellings -
1 to 2 units
3 to 5 units
6 or more units*
-
P
SP
* Dwelling units must
be contained within a
single building,
otherwise, may be
considered Cluster
Development.
Home-based
Businesses
P
Section 7.20
Residential Care
Facilities
P
Small Option
Homes
P
Approved by Council July 29, 2026
MODL Land Use By-law | Page 97
Commercial and Industrial Uses in the Growth Centre Zones
Land Use
Mixed Use
Serviced
(MUS)
Special
Requirements
Accommodations
Tourist -
1 to 3 units
4 to 6 units
7 to 12 units
13 or more units
*P
P
P
SP
*Short-term
rentals subject
to Section 7.41
in this zone.
Animal Care
P
Art Gallery/Studio
P
Automobile Service
Stations
SP
Banks and Financial
Institutions
P
Campgrounds and RV
Parks
DA
Cannabis Production
Facilities
DA
Commercial
Recreation -
Indoor
Outdoor
P
P
Convenience Stores
P
Craft Product
Workshops
P
Craft Shops
P
Day Care Centres
P
Funeral Homes
P
Heavy Equipment
Sales & Rentals
SP
Licenced Liquor
Establishments
P
Personal Service
Shops
P
Approved by Council July 29, 2026
MODL Land Use By-law | Page 98
Land Use
Mixed Use
Serviced
(MUS)
Special
Requirements
Private Clubs
P
Professional Offices
P
Restaurants -
Drive-through
Eat-in
Take-out
SP
P
P
Retail Lumber and
Home Improvement
Yards
SP
Retail Stores -
Less than 500m2 GFA
Between 501m2 -
2,000m2 GFA
Greater than
2,000m2 GFA
P
SP
SP
Service and Repair
Shops
P
Solar Collector
Systems -
Accessory
Commercial
P
-
Section 7.42
Wind Turbine
Generators -
Micro (MWT)
Small-scale (SWT)
Large-scale (LWT)
P
-
-
Section 7.48
Approved by Council July 29, 2026
MODL Land Use By-law | Page 99
Institutional Uses in the Growth Centre Zones
Land Use
Mixed Use
Serviced
(MUS)
Special
Requirements
Cemeteries
P
Section 7.6
Community
Centres
P
Cultural
Facilities
P
Emergency
Services
P
Government
Uses
P
Hospitals
P
Interpretive
Centres
P
Medical Clinics
P
Nursing Homes
P
Parks and
Playgrounds
P
Places of
Worship
P
Recreation
Centres
P
Recreational
Uses
P
Schools -
Academic
P
Schools -
Post-secondary
P
Trails and
Conservation
Uses
P
Approved by Council July 29, 2026
MODL Land Use By-law | Page 100
Agricultural and Natural Resource Uses in the Growth Centre Zones
Other Uses in the Growth Centre Zones
Land Use
Mixed Use
Serviced
(MUS)
Special
Requirements
Agricultural
Uses
P
Agritourism
P
Community
Gardens
P
Farm, Fish, and
Forest Stands
P
Farmers'
Markets
P
Forestry
Supportive Uses
P
Land Use
Mixed Use
Serviced
(MUS)
Special
Requirements
Accessory
Buildings and
Structures*
P
*Subject to
Sections 7.2 and
7.3
Lawfully
Existing Uses
P
Approved by Council July 29, 2026
MODL Land Use By-law | Page 101
12.2 Development Standards for the Growth Centre Zones
12.2.1 The following minimum standards will apply to lots in the Mixed Use
Serviced (MUS) Zone:
* Minimum lot sizes and some elements relating to configuration are also
dependent upon approval by the Provincial Department of Environment and
Climate Change (NSECC) and in some instances, by Nova Scotia Public Works.
In cases of discrepancy, the more stringent requirements will apply.
Development
Requirements
Mixed Use
Serviced
(MUS)
Minimum Lot Area*
Serviced Lot
350 m2
Un-serviced Lot
Minimum required
by NSECC for
septic approval
Minimum Lot Frontage
15 m
Minimum Front/
Flankage Setback
0 m
Minimum Side Setback
2 m
Minimum Rear Setback
2 m
Minimum Density for
Residential Uses
(units per hectare)
25 units
Approved by Council July 29, 2026
MODL Land Use By-law | Page 102
12.3 Site Plan Requirements for Multi-Unit Residential and Tourist
Accommodations in the Growth Centre Zones
12.3.1 Where multi-unit residential and/or tourist accommodation
developments are permitted by site plan approval in the Mixed Use
Serviced (MUS) Zone, the Development Officer may approve a site plan
provided the requirements of this By-law and the following conditions
are met.
(a)
Layout and Site Design:
(i)
the arrangement and orientation of buildings must support a
compact, mixed-use form and efficient use of land, particularly
where municipal infrastructure is available;
(ii)
buildings must be sited to support the street, internal road, or
shared circulation network, where applicable;
(iii) the location of loading, service, and waste collection areas must
minimize visual, noise, and functional impacts on residential
units on the same lot and on adjacent properties;
(iv) exterior lighting must be located and designed to illuminate
buildings, parking areas, driveways, and pedestrian
infrastructure, and must not be directed onto neighbouring
residential properties;
(b)
Parking and Access:
(i) all parking must meet the parking requirements as outlined in
Section 8;
(c)
Pedestrian Walkways:
(i) pedestrian walkways and other related infrastructure must be
provided to connect public sidewalks and parking areas to
entrances of all main buildings;
(ii) pedestrian walkways and other related infrastructure must
connect to any existing pedestrian infrastructure;
(iii) pedestrian walkways from the parking lot to the entrance of the
main building must be at least one metre wide;
Approved by Council July 29, 2026
MODL Land Use By-law | Page 103
(iv) the location, quantity, and width of driveways are designed to
minimize traffic and congestion throughout the surrounding area;
(d)
Landscaping and Buffering:
(i) the lot must be landscaped using a variety of vegetation types
varying in height and species;
(ii) landscaping, fencing, vegetative buffers, or a combination thereof
must be used where necessary to mitigate impacts on adjacent
residential or non-residential uses;
(iii) where vegetation is used for buffering, existing healthy vegetation
must be retained where possible;
(iv) landscaping must be used to provide separation between parking
areas, buildings, and adjacent properties;
(e)
Building Location and Compatibility:
(i) buildings must be located and designed to reduce impacts related
to noise, lighting, traffic, and servicing on adjacent properties;
(ii) building placement must support safe internal circulation and
pedestrian access;
(iii) building siting must consider surrounding development patterns
and the intended growth function of the Mixed Use Service (MUS)
Zone;
(f)
Stormwater Management:
(i) the applicant must demonstrate that a stormwater management
system will be provided that ensures the post development
stormwater flows leaving the property will be equal to or less
than the pre-development stormwater flows that leave the
property;
(ii) all plans related to stormwater management must be reviewed
and accepted by the Municipal Engineer;
(g)
Water Supply:
Approved by Council July 29, 2026
MODL Land Use By-law | Page 104
(i) the applicant must demonstrate that an adequate and
sustainable water supply is available to serve the proposed
development;
(ii) the application must identify the proposed source of water supply
and provide an estimate of anticipated water demand based on
the number of units;
(iii) where a proposed multi-unit residential development is in an un-
serviced area and contains ten or more dwelling units, the
application must include a water assessment or hydrological
study prepared by a qualified professional, demonstrating:
(1) that an adequate and sustainable water supply is available to
serve the proposed development;
(2) that the proposed development will not result in adverse
impacts on neighbouring wells or groundwater resources; and
(3) that the scope and level of detail of the study is
proportionate to the scale and context of the proposed
development and is prepared in accordance with applicable
provincial requirements.
12.4 Site Plan Requirements for Automobile Service Stations in the
Growth Centre Zones
12.4.1 Where an automobile service station development is permitted by site
plan approval in the Mixed Use Serviced (MUS) Zone, the Development
Officer may approve a site plan provided the requirements of this By-
law and the following conditions are met.
(a)
Parking and Access Requirements:
(i) where a lot has frontage on a public street, parking and loading
areas must, where feasible, be located in the rear yard or side
yard;
(ii) despite clause (i), parking and loading areas located in a rear yard
that abuts a street shall be screened from the street;
Approved by Council July 29, 2026
MODL Land Use By-law | Page 105
(iii) landscaping in the form of vegetation must be incorporated into
parking areas containing more than four parking spaces in order
to reduce the visual impact of large open parking areas;
(iv) where possible, parking areas must be located adjacent to
existing or planned parking areas on abutting lots, and access
points must be shared or combined where feasible;
(v) there must be a maximum of one curb cut per lot for vehicular
access, unless additional access is required to address traffic
safety or emergency access considerations;
(vi) vehicular access locations must be subject to the approval of the
relevant traffic authority;
(vii) parking, loading, and access areas must be designed to safely
accommodate emergency and service vehicles;
(viii) the minimum distance between ramps and driveways must not
be less than 9 metres (26 feet);
(ix) the minimum distance from a driveway to a street intersection
must not be less than 15 metres (49 feet);
(x) the minimum angle of an intersection or driveway relative to a
street line must be 45 degrees;
(b)
Building Location and Site Design:
(i) buildings must be located and oriented on the lot so as to
minimize impacts related to noise, lighting, and traffic on adjacent
properties;
(ii) the placement of buildings must support efficient site circulation
and pedestrian access;
(iii) where applicable, building placement must consider prevailing
site conditions, including topography, vegetation, and existing
development patterns in the surrounding area;
(iv) no portion of any pump island must be located closer than 6
metres (20 feet) from a street line, except for an overhead
canopy;
Approved by Council July 29, 2026
MODL Land Use By-law | Page 106
(v) where a car wash is proposed, it must be located within a partially
enclosed or fully enclosed permanent structure, with dedicated
bays provided separate from service bays, and all car wash bays
or automated car washes must include an oil/water separator;
(c)
Pedestrian Walkways:
(i) pedestrian walkways and other related infrastructure must be
provided to connect public sidewalks and parking areas to
entrances of all main buildings;
(ii) pedestrian walkways and other related infrastructure must
connect to any existing pedestrian infrastructure;
(iii) pedestrian walkways from the parking lot to the entrance of the
main building must be at least one metre (3 feet) wide;
(iv) the location, quantity, and width of driveways are designed to
minimize traffic and congestion throughout the surrounding area;
(d)
Stormwater Management:
(i) the applicant must demonstrate that a stormwater management
system will be provided that ensures the post development
stormwater flows leaving the property will be equal to or less
than the pre-development stormwater flows that leave the
property;
(ii) all plans related to stormwater management must be reviewed
and accepted by the Municipal Engineer;
(e)
Water Supply:
(i) the applicant must demonstrate that an adequate and
sustainable water supply is available to serve the proposed
development;
(ii) the application must identify the proposed source of water supply
and provide an estimate of anticipated water demand based on
the number of dwelling units; and
(iii) the proposed water supply must be in accordance with applicable
provincial requirements.
Approved by Council July 29, 2026
MODL Land Use By-law | Page 107
12.5 Site Plan Requirements for Retail Lumber and Home
Improvements Yards in the Growth Centre Zones
12.5.1 Where a retail lumber and home improvement yard development is
permitted by site plan approval in the Mixed Use Serviced (MUS) Zone,
the Development Officer may approve a site plan agreement provided
the requirements of this Land Use By-law and the following conditions
are met.
(a)
Loading Areas:
(i) loading areas must be located and, where necessary, screened in
a manner that minimizes impacts on adjacent uses, particularly
residential uses;
(b)
Lighting:
(i) all exterior lighting must be of a full cutoff type and must not emit
light above the horizontal plane;
(ii) exterior lighting must be designed and located in such way that
prevents glare on adjacent properties;
(c)
Enclosure and Screening:
(i) lumber and building supply storage areas must be contained
within a fenced enclosure;
(ii) fencing adjacent to a lot containing a dwelling, school, or place of
worship must be opaque or fully screened with vegetation to a
minimum height of 1.8 metres (6 feet);
(d)
Pedestrian Access:
(i) where feasible, pedestrian circulation measures may be provided
to allow safe movement between customer parking areas and the
principal building entrance; and
pedestrian circulation measures must be designed to minimize
conflicts between pedestrians and vehicles within loading,
storage, and circulation areas.
Approved by Council July 29, 2026
MODL Land Use By-law | Page 108
12.6 Site Plan Requirements for Drive-Through Restaurants in the
Growth Centre Zones
12.6.1
Where drive-through restaurants are permitted by site plan approval
in the Mixed Use Serviced (MUS) Zone, the Development Officer may
approve a site plan provided the following conditions are met.
(a)
Layout and Design:
(i) one drive through facility is permitted on a lot;
(ii) Despite clause (i), where a development contains multiple
commercial uses in the Mixed Used Serviced (MUS) Zone, where a
development contains multiple commercial uses on a single lot,
more than one drive-through facility may be permitted through
site plan approval, provided that the Development Officer is
satisfied that adequate on-site queuing, internal vehicular
circulation, and safe access can be accommodated without
adverse impacts on adjacent properties or public roads;
(iii) main structures associated with the drive-through facility must
have their primary facades oriented towards a public street;
(iv) vehicle access points entering a lot with a drive-through facility
must be located as far from an intersection as possible;
(v) sufficient space must be provided in stacking lanes to avoid
vehicle overspill onto the street;
(vi) where a drive-through facility is adjacent to a residential use, the
intercom must be located as far away from the adjacent property
line as possible;
(b)
Pedestrian Walkways:
(i) all drive-through stacking lanes and all associated entrances and
exits must be separated from the parking area, all points of
access, and the street using landscaped strips and islands;
(ii) there must be a distinct separation between vehicular and
pedestrian traffic to minimize potential conflicts. Pedestrian
walkways must be provided to allow for safe access from both the
parking lot and the street/sidewalk;
Approved by Council July 29, 2026
MODL Land Use By-law | Page 109
(iii) landscaping, paving patterns, raised walkways, and other design
treatments can be used to differentiate pedestrian walkways to
and from the building from driving surfaces;
(iv) visible directional signage must be provided at entrances and
exits to stacking lanes;
(v) signage must not obstruct pedestrian routes;
(c)
Landscaping:
(i) landscaping opportunities must be maximized in areas not used
for structures, solid waste handling, automobile parking and
circulation, pedestrian walkways, outdoor eating areas, or drive-
through infrastructure; and
(ii) the view of drive-through lanes, menus, intercoms, and other
associated infrastructure must be screened from public right of
ways and adjacent properties by buffers.
12.7 Site Plan Requirements for Large Format Commercial Uses in
the Growth Centre Zones
12.7.1
Where retail stores exceeding 500 square metres (5,381 square feet)
GFA are permitted by site plan approval in the Mixed Use Serviced
(MUS) Zone, the Development Officer may approve a site plan
provided the following conditions are met.
(a)
Layout and Design:
(i) vehicular access locations must be approved by the appropriate
authorities;
(ii) the location of loading facilities and off-street parking lots must
minimize negative impacts to adjacent properties;
(iii) the location of solid waste storage facilities must provide a
maximum separation from public areas and residential
developments;
(iv) the location, type, quantity, and size of signs do not negatively
impact the appearance of the streetscape or the surrounding
area;
Approved by Council July 29, 2026
MODL Land Use By-law | Page 110
(v) exterior lighting is located and designed to illuminate the
structure, driveways, parking lots, and pedestrian infrastructure,
but is not directed onto neighbouring properties;
(b)
Pedestrian Walkways:
(i) pedestrian walkways and other related infrastructure must be
provided to connect public sidewalks and parking areas to
entrances of all main buildings;
(ii) pedestrian walkways and other related infrastructure must
connect to any existing pedestrian infrastructure;
(iii) pedestrian walkways from the parking lot to the entrance of the
main building must be at least one metre (3 feet) wide;
(iv) the location, quantity, and width of driveways are designed to
minimize traffic and congestion throughout the surrounding area;
(c)
Landscaping:
(i) fences, walls, vegetative landscaping, or other types of
landscaping elements are used to minimize the negative land use
impact on adjacent land uses;
(ii) where vegetation is used for minimizing the negative land use
impact on adjacent land uses, existing vegetation that is healthy
must be retained;
(iii) the property must be landscaped using a variety of vegetation
types varying in heights and species;
(iv) landscaping or fences that are a minimum of 1.5 metres (5 feet)
must be used to screen outdoor storage areas from the street
and adjacent uses;
(v) landscaping must be incorporated into parking lots when there
are four or more parking spaces;
(vi) landscaping must be used to provide a separation between the
street and the parking lot;
(d)
Stormwater Management:
Approved by Council July 29, 2026
MODL Land Use By-law | Page 111
(i) the applicant must demonstrate that a stormwater management
system will be provided that ensures the post development
stormwater flows leaving the property will be equal to or less
than the pre-development stormwater flows that leave the
property; and
(ii) all plans related to stormwater management must be reviewed
and accepted by the Municipal Engineer.
12.8 Site Plan Requirements for Light Industrial Uses in the Growth
Centre Zones
12.8.1
Where light industrial uses are permitted by site plan approval in the
Mixed Use Serviced (MUS) Zone, the Development Officer may
approve a site plan provided the following conditions are met.
(a)
Layout and Design:
(i) the location of loading facilities and off-street parking lots must
minimize negative impacts to adjacent properties;
(ii) the location of solid waste storage facilities must provide a
maximum separation from adjacent residential developments;
(iii) where a customer entrance is present, the entrance must be well-
identified and located on the side of the building facing the front
lot line;
(b)
Lighting:
(i) exterior lighting must be directed away from and must not cause
glare on adjacent properties;
(c)
Landscaping and Screening:
(i) fences, walls, vegetative landscaping, or other types of
landscaping elements are used to minimize the negative land use
impact on adjacent land uses;
(ii) where vegetation is used for minimizing the negative land use
impact on adjacent land uses, existing vegetation that is healthy
must be retained;
Approved by Council July 29, 2026
MODL Land Use By-law | Page 112
(iii) landscaping or fences that are a minimum of 1.5 metres (5 feet)
must be used to screen outdoor storage areas and outdoor utility
equipment from the street and adjacent uses;
(d)
Stormwater Management:
(i) the applicant must demonstrate that a stormwater management
system will be provided that ensures the post development
stormwater flows leaving the property will be equal to or less
than the pre-development stormwater flows that leave the
property; and
(ii) all plans related to stormwater management must be reviewed
and accepted by the Municipal Engineer.
Approved by Council July 29, 2026
MODL Land Use By-law | Page 113
13
List of Schedules
Schedule 'A'
Zoning Map
Schedule 'B'
Schedule 'C'
Environmental Features Map
Agricultural Protection Area