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TOWN OF LUNENBURG LAND USE BY-LAW, 2021
First Reading: June 22, 2021
Second Reading: July 27, 2021
Approved by the Minister of Municipal Affairs: September 1, 2021
Notice of Effect: September 22, 2021
With Amendments to:
iii
Changelog
iv
This page intentionally blank
v
Table of Contents
Changelog ...................................................................................................................................... iii
Table of Contents .......................................................................................................................... v
1
Title, Purpose, & Authority ........................................................................................ 1
1.1.
Title .................................................................................................................................................... 1
1.2.
Purpose ............................................................................................................................................. 1
1.3.
Authority ............................................................................................................................................ 1
2
Interpretation .............................................................................................................. 2
2.1.
Certain Words .................................................................................................................................. 2
2.2.
Conflict .............................................................................................................................................. 2
2.3.
Definitions ......................................................................................................................................... 3
2.4.
Units of Measurement ..................................................................................................................... 3
2.5.
Interpretation of Zone Boundaries .................................................................................................. 3
2.6.
Severability ........................................................................................................................................ 4
3
Administration ............................................................................................................. 5
3.1.
Administration of By-law .................................................................................................................. 5
3.2.
Inspection .......................................................................................................................................... 5
3.3.
Enforcement & Penalty .................................................................................................................... 5
3.4.
Compliance with Other Legislation ................................................................................................. 5
3.5.
Restoration to a Safe Condition ..................................................................................................... 6
3.6.
Effective Date ................................................................................................................................... 6
3.7.
Existing Structures and Uses ......................................................................................................... 6
3.8.
Repeal of By-law ............................................................................................................................. 6
vi
4
Permitting & Application Process ............................................................................. 7
4.1.
Development Permit Required ........................................................................................................ 7
4.2.
Developments Not Requiring a Permit .......................................................................................... 7
4.3.
No Exemption from Requirements ................................................................................................. 8
4.4.
Development Permit in Conformance with By-law or Development Agreement ....................... 8
4.5.
Certificate of Appropriateness ......................................................................................................... 9
4.6.
Development Permit Duration, Revocation, and Renewal ........................................................... 9
4.7.
Application Requirements ................................................................................................................ 9
Plan Requirements ................................................................................................................................ 9
Additional Plan Information ................................................................................................................ 10
Additional Studies and Plans ............................................................................................................. 11
4.8.
Variances ........................................................................................................................................ 11
5
Lot & Subdivision Standards .................................................................................. 14
5.1.
Lot Zones ........................................................................................................................................ 14
5.2.
Lot Standards ................................................................................................................................. 14
Existing Undersized Lots .................................................................................................................... 15
Existing Oversized Lots ...................................................................................................................... 15
Subdivision By-law Exceptions ........................................................................................................... 15
Subdivision for Dwelling Party Walls ................................................................................................. 16
5.3.
Flag Lots ......................................................................................................................................... 16
6
Land Uses & Required Bicycle Parking ................................................................ 17
6.1.
Use Zones ...................................................................................................................................... 17
6.2.
Tables of Permitted Uses ............................................................................................................. 17
Residential Uses ................................................................................................................................. 19
Institutional Uses ................................................................................................................................. 19
Commercial Uses ................................................................................................................................ 20
Industrial Uses .................................................................................................................................... 22
Other Uses .......................................................................................................................................... 23
6.3.
Existing Uses .................................................................................................................................. 24
6.4.
Special Use Requirements ............................................................................................................ 24
vii
Accessory Dwellings ........................................................................................................................... 24
Bed and Breakfasts ............................................................................................................................ 24
Dwellings .............................................................................................................................................. 25
Home-based Businesses .................................................................................................................... 25
Retail Stores ........................................................................................................................................ 26
Short-term Rentals .............................................................................................................................. 26
Urban Agriculture ................................................................................................................................ 26
6.5.
Adaptive Re-use ............................................................................................................................. 27
6.6.
Non-conforming Uses..................................................................................................................... 27
6.7.
Accessory Uses .............................................................................................................................. 28
Electric Vehicle Charging - Accessory .............................................................................................. 28
Solar Collector Systems - Accessory ................................................................................................ 28
Wind Turbines - Accessory ................................................................................................................ 29
Residential Storage Buildings ............................................................................................................ 29
6.8.
Temporary Uses ............................................................................................................................. 29
Temporary Uses Incidental to Constructions .................................................................................... 29
Temporary Uses for Special Occasions and Holidays .................................................................... 30
6.9.
Farm, Fish, and Forest Sales from a Stand or Parked Motor Vehicle ................................... 30
6.10.
Home Occupations ......................................................................................................................... 31
Personal Office or Studio ................................................................................................................... 31
Instruction of One Student at a Time ............................................................................................... 31
6.11.
Obnoxious Uses ............................................................................................................................. 31
6.12.
Vending ........................................................................................................................................... 31
6.13.
Minimum Bicycle Parking Requirements by Use ........................................................................ 32
Bicycle Parking Space Dimensions ................................................................................................... 33
Bicycle Parking Location .................................................................................................................... 33
7
Form ......................................................................................................................... 35
7.1.
Form Zones .................................................................................................................................... 35
7.2.
General Form Requirements ......................................................................................................... 35
viii
Servicing .............................................................................................................................................. 35
Corner Vision Triangle ........................................................................................................................ 36
Fences ................................................................................................................................................. 36
Exterior Lighting .................................................................................................................................. 36
Canopies and Covered Ways ............................................................................................................ 37
Balconies, Extended Dormers, Exterior Staircases and Fire Escapes ........................................... 37
Flood Risk Area Development Standards ......................................................................................... 38
Take-Out Windows .............................................................................................................................. 38
Drive Through Facilities ...................................................................................................................... 38
Waste Receptacles ............................................................................................................................. 38
Shipping Containers ............................................................................................................................ 39
7.3.
Architectural Control Area ............................................................................................................. 39
New Buildings ..................................................................................................................................... 39
Additions and Alterations to Existing Buildings ................................................................................ 40
7.4.
Number of Main Buildings on a Lot ............................................................................................ 40
7.5.
Setbacks .......................................................................................................................................... 42
Main Building Setbacks ...................................................................................................................... 42
Accessory Building Setbacks ............................................................................................................. 44
Encroachment into Setbacks .............................................................................................................. 45
7.6.
Site Design ..................................................................................................................................... 47
Abutting Zone Requirements .............................................................................................................. 47
Outdoor Storage .................................................................................................................................. 48
7.7.
Building Form ................................................................................................................................. 49
Main Building Form ............................................................................................................................ 49
Streetwall Width .................................................................................................................................. 50
Accessory Building Form .................................................................................................................... 51
Height Exemptions .............................................................................................................................. 52
7.8.
Signage ........................................................................................................................................... 52
ix
Counting Signs .................................................................................................................................... 52
Prohibited Signs .................................................................................................................................. 52
Signs Permitted in all Form Zones ................................................................................................... 53
Changeable Copy Signs ..................................................................................................................... 55
Ground Signs ...................................................................................................................................... 55
Menu Signs ......................................................................................................................................... 56
Projecting Signs .................................................................................................................................. 57
Wall Signs ........................................................................................................................................... 57
Portable Signs ..................................................................................................................................... 58
Window Signs ..................................................................................................................................... 59
Community Bulletin Board .................................................................................................................. 59
Off-site Signage ................................................................................................................................. 59
7.9.
Parking and Access Design .......................................................................................................... 60
Pedestrian Access .............................................................................................................................. 60
Vehicular Access ................................................................................................................................. 60
Surface Parking Areas........................................................................................................................ 61
Structured Parking in Main Street and Old Town 1 Form Zones .................................................. 63
Parking in the Community Form Zone ............................................................................................. 63
7.10.
Non-conforming Structures ............................................................................................................ 63
x
8
Definitions ................................................................................................................. 65
Schedules ..................................................................................................................................... 94
Schedule 'A' - Existing Uses ....................................................................................................... 95
Schedule 'B' - Lot Zoning Map ................................................................................................... 98
Schedule 'C' - Use Zoning Map ................................................................................................. 99
Schedule 'D' - Form Zoning Map ............................................................................................. 100
Schedule 'E' - Flood Risk Area Map ....................................................................................... 101
Schedule 'F' - Heritage Conservation District and Architectural Control Area Map .............. 102
Schedule 'G' - Vending .............................................................................................................. 103
Outdoor Vending ............................................................................................................................... 103
Yard Sales ......................................................................................................................................... 103
Transient Vending ............................................................................................................................. 103
Vending at Group Fund Raising Events by Community or Religious Not-for-Profit Groups ...... 104
Outdoor Sales of Prepared Food .................................................................................................... 104
Walking Tours ................................................................................................................................... 104
Flea Markets ..................................................................................................................................... 104
Mobile Canteens ............................................................................................................................... 105
1
1
Title, Purpose, & Authority
1.1.
Title
1.1.1. This By-law is the Town of Lunenburg Land Use By-law, and may be
cited as the "Land Use By-law" or "LUB".
1.1.2. This Land Use By-law may also be cited as "By-law" when used in a
self-referential manner within the text.
1.2.
Purpose
1.2.1. The purpose of this By-law is to carry out the intent of the Municipal
Planning Strategy of the Town of Lunenburg by regulating the use of
land, buildings, and structures and by regulating the height, bulk,
location, size, spacing and character of buildings and structures within
the Town of Lunenburg.
1.3.
Authority
1.3.1. This By-law is passed under the authority of the Municipal
Government Act.
2
2
Interpretation
2.1.
Certain Words
2.1.1. In this By-law:
the word "shall" means mandatory compliance;
the word "may" means discretionary compliance or a choice in
applying a policy or regulation;
words used in the plural include the singular, and words in the
singular include the plural; and
gendered words shall be interpreted to mean any gender.
2.1.2. Words not otherwise defined in this By-law shall have the meaning
assigned to them in the Municipal Government Act.
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
shall take priority.
2.2.2. Colour coding throughout this By-law and the Zoning Maps is for
ease of reference only and the text of the By-law shall take priority.
2.2.3. In the case of any conflict between a number written in numerals and
a number written in letters, the number written in numerals shall take
priority.
2.2.4. In the case of conflict between a written zone name and a zone
symbol, the written zone name shall take priority.
3
2.3.
Definitions
2.3.1. For the purposes of this By-law, words shall have the meaning or
meanings assigned to them in Part 8 - Definitions. Where a word is
not defined in Part 8 the word shall have the meaning or meanings
assigned by accepted English dictionaries.
2.4.
Units of Measurement
2.4.1. This By-law uses the metric system of measurement. Numerical
measurements in this document may also be presented in other units;
however, this is for convenience only. Conversions to other units are
approximate and rounding has been applied in a manner that provides
a margin of error to ensure compliance with the official metric
measurements. If a metric measurement conflicts with its conversion
in another unit, the metric measurement shall take priority.
2.5.
Interpretation of Zone Boundaries
2.5.1. Boundaries between zones shall be determined as follows:
where a zone boundary is indicated as following a boundary
survey line as recorded at the Registry of Deeds or Land
Registration Office, the boundary shall follow that line;
where a zone boundary is indicated as following a street, private
road, or controlled access highway the centerline of the street,
private road, or controlled access highway shall be the boundary
unless otherwise indicated;
where a zone boundary is indicated as following a railway or
utility right-of-way, the centerline of the right-of-way shall be the
boundary unless otherwise indicated;
where the zone boundary is indicated as approximately following
lot lines, the boundary shall follow the lot lines;
4
where the zone boundary is indicated as following the shoreline
of a river, watercourse, lake or salt water body, the mean high
water mark shall be the boundary and the zone boundary shall
follow any changes in mean high water mark; and
where none of the above provisions apply, the Development
Officer shall scale the zone boundary from the zoning map.
2.6.
Severability
2.6.1. If any provision of this By-law is held to be invalid by a decision of a
court of competent jurisdiction, that decision shall not affect the
validity of the remaining portions of this By-law.
5
3
Administration
3.1.
Administration of By-law
3.1.1. Council shall appoint one or more Development Officer(s) for the
Town.
3.1.2. The Development Officer shall be responsible for the administration of
this By-law.
3.2.
Inspection
3.2.1. The Development Officer or designate is authorized to enter, at all
reasonable times, into or upon any property within the Town for the
purpose of any inspections necessary to administer this By-law.
3.3.
Enforcement & Penalty
3.3.1. In the event of any violation of the provisions of this By-law, the
Town may act in accordance with the Municipal Government Act.
3.4.
Compliance with Other Legislation
3.4.1. Nothing in this By-law shall exempt any person from complying with
the requirements of any other by-law in force within the Town, or
from obtaining any license, permission, permit, authority, or approval
required by any other by-law of the Town or statute or regulation of
the Province of Nova Scotia or the Government of Canada.
3.4.2. Where the provisions in this By-law conflict with those of any other
by-law of the Town or statute or regulation of the Province of Nova
Scotia or the Government of Canada, the higher or more stringent
provision shall prevail.
6
3.5.
Restoration to a Safe Condition
3.5.1. Nothing in this By-law shall prevent the restoration of any building or
structure to a safe condition, as determined by the Town's Building
Official.
3.6.
Effective Date
3.6.1. Upon adoption by the Council of the Town of Lunenburg and approval
by the Minister of Municipal Affairs, this By-law shall take effect on
the date a notice is published in a newspaper, circulating in the
Town, informing the public that the Land Use By-law is in effect.
3.7.
Existing Structures and Uses
3.7.1. A structure or use of land shall be deemed to exist on the effective
date of this By-law if:
it has lawfully been constructed;
it has lawfully commenced;
it is lawfully under construction; or
all required permits for its construction or uses were in force and
effect, except that this shall no longer apply if the construction or
use is not commenced within 12 months after the date of the
latest issuance of the required permits.
3.8.
Repeal of By-law
3.8.1. The Town of Lunenburg Land-Use By-Law adopted by Council for the
Town of Lunenburg on August 29, 2012, as amended, is hereby
repealed.
7
4
Permitting & Application Process
4.1.
Development Permit Required
4.1.1. Unless otherwise stated in this By-law, no person shall undertake a
development within the Town without first obtaining a development
permit from the Development Officer.
4.2.
Developments Not Requiring a Permit
4.2.1. Subject to Section 4.3, the following developments shall not require a
Development Permit:
Interior renovations or alterations to a structure that do not result
in a change in the number of dwelling units or a change in use
of the structure.
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, except within the
Architectural Control Area as shown on Schedule 'F', the
Heritage Conservation District and Architectural Control Area
Map.
Signs smaller than 0.2 square metres (2.2 square feet) in sign
area, where signs are permitted.
Temporary uses meeting the requirements of Section 6.8.
Public and private utilities located within the street right-of-way.
Temporary cloches, crop hoops, or other such temporary crop
structures.
Farm, fish, and forest sales meeting the requirements of Section
6.9.
8
The making of a domestic garden.
Personal offices or studios meeting the requirements of
Subsection 6.10.1.
The teaching of one student at a time, meeting the requirements
of Subsection 6.10.3.
Signs permitted in all Form Zones, as listed in Subsection 7.8.5.
Minor structures such as retaining walls, children's play
structures, hot tubs, cold frames, garden trellises, clothesline
poles, dog houses, propane cylinders, and heat pumps.
Vending activities as outlined in Schedule 'G', Vending.
4.2.2. For greater clarity, a building permit and/or Certificate of
Appropriateness may still be required for developments that are
exempt from requiring a development permit. Applicants are
responsible for inquiring with the Town prior to undertaking any
development.
4.3.
No Exemption from Requirements
4.3.1. Every development shall be subject to the requirements of this By-law
whether or not a Development Permit is required.
4.4.
Development Permit in Conformance with By-law or Development
Agreement
4.4.1. The Development Officer shall only issue a development permit in
conformance with this By-law or a registered development agreement,
except where a variance is granted or in the case of an existing non-
conforming use or structure, in which case a development permit shall
be issued in conformance with the Act.
9
4.5.
Certificate of Appropriateness
4.5.1. The Development Officer shall not issue a development permit if the
applicant has not yet obtained a Certificate of Appropriateness if
required by the Heritage Conservation District Bylaw.
4.6.
Development Permit Duration, Revocation, and Renewal
4.6.1. A development permit shall expire within the following time periods
from the date issued if the development has not commenced:
Two years for industrial uses.
One year for all other uses.
4.6.2. The Development Officer may revoke a development permit where
information provided on the application is found to be inaccurate or
the permit was issued in error.
4.7.
Application Requirements
4.7.1. Every application for a development permit shall be made in writing
on an approved form and shall include:
the signature of the applicant;
application fees in conformance with the fee schedule adopted by
resolution of Council;
a statement of the proposed use of the land;
a site plan, as detailed in Subsection 4.7.2; and
any other information required by this Land Use By-law.
Plan Requirements
4.7.2. Every application for a development permit shall be accompanied by a
plan of the proposed development, drawn to an appropriate scale and
showing:
10
the true shape and dimensions of all lots to be used;
the proposed location, height and dimensions of the building,
structure, or work for which the permit is applied;
the location of rights-of-way and easements within the subject
property;
the proposed location and dimensions of parking spaces, loading
spaces, driveways, solid waste storage areas, and landscaping
areas where applicable;
the location of all watercourses on the property; and
other such information as requested by the Development Officer
to determine whether or not the development conforms to the
requirements of this By-law.
Additional Plan Information
4.7.3. Where the Development Officer is unable to determine whether the
proposed development conforms to this By-law or other by-laws and
regulations in force, they may require that the plan submitted under
Subsection 4.7.2 shows:
the location of every building or structure already erected on or
partly erected on such lot;
the location of every building erected upon any abutting lot;
existing and proposed services; and/or
a plan based upon a survey prepared by a Nova Scotia Land
Surveyor.
11
Additional Studies and Plans
4.7.4. 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:
site survey and/or site plan prepared and stamped by a Nova
Scotia Land Surveyor;
location certificate;
topography and soil conditions of the subject site;
watercourse delineation study;
stormwater management plan;
floor plans and elevation drawings of any proposed structures;
geotechnical study;
site grading plan;
traffic impact assessment or study;
groundwater supply study; and/or
any other information deemed necessary by the Development
Officer.
4.8.
Variances
4.8.1. Notwithstanding anything in this By-law, the Development Officer may
grant a variance subject to Section 235 of the Municipal Government
Act. Specifically, the Development Officer may vary:
percentage of land that may be built upon;
size or other requirements relating to yards;
lot frontage or lot area, or both, if
12
i.
the lot existed on the effective date of the By-law, or
ii.
a variance was granted for the lot at the time of subdivision
approval;
location and number of parking spaces and loading spaces
required;
ground area of a structure;
height of a structure;
floor area occupied by a home-based business; and/or
height and area of a sign.
4.8.2. In accordance with Section 235 of the Municipal Government Act, the
Development Officer shall not grant a variance if the:
variance violates the intent of the Land Use By-law;
difficulty experienced is general to properties in the area; or
difficulty experienced results from an intentional disregard for the
requirements of the Land Use By-law.
4.8.3. Where the Development Officer has granted a variance in the
requirements of this By-law, notification of the variance shall be
served upon assessed property owners of all properties that lie within
30 metres (100 feet) of the property subject to the variance.
4.8.4. Notification of a variance shall:
describe the variance granted;
identify the property(s) subject to the variance; and
set out the right to appeal the decision of the Development
Officer to Council.
13
4.8.5. A sign in a form established by the Town and containing the above
information shall also be posted by the applicant on the property
subject to the variance.
4.8.6. Variance requests shall be accompanied by fee paid to the
Development Officer, at the time of application, in an amount
established by Council sufficient to pay the costs associated with
giving notice of variances as required by the Act.
14
5
Lot & Subdivision Standards
5.1.
Lot Zones
5.1.1. The subdivision of land and the creation of new streets within the
Town of Lunenburg is governed by lot zones, the boundaries of which
are shown on Schedule 'B', the Lot Zoning Map. Such zones may be
referenced by the appropriate symbols:
Lot Zone Name
Lot Zone Symbol
Lot Zone 1
LZ1
Lot Zone 2
LZ2
Lot Zone 3
LZ3
Lot Zone 4
LZ4
5.2.
Lot Standards
5.2.1. The subdivision of land within the Town shall comply with Table 1,
Lot Subdivision Standards.
Table 1: Lot Subdivision Standards
LZ1
LZ2
LZ3
LZ4
Minimum Lot Area
110 m2
(1,185 ft2)
370 m2
(3,983 ft2)
330 m2
(3,553 ft2)
37 m2
(399 ft2)
Maximum Lot Area
465 m2
(5,005 ft2)
-
-
-
Minimum Lot
Frontage
6 m
(20 ft)
12 m
(40 ft)
12 m
(40 ft)
6 m
(20 ft)
Maximum Lot
Frontage
40 m
(131 ft)
-
-
-
15
5.2.1. Notwithstanding Subsection 5.2.1, the Nova Scotia Department of
Environment and Climate Change may require larger minimum lot
sizes for unserviced lots.
Existing Undersized Lots
5.2.2. Notwithstanding the minimum lot area and minimum lot frontage
requirements of Table 1, any undersized lot legally in existence may
be increased in area and/or frontage as a result of an approved plan
of subdivision and a municipal development permit may be issued in
accordance with this By-law. For greater clarity, this provision does
not exempt lots from the maximum lot area or maximum lot frontage
requirements of Table 1.
Existing Oversized Lots
5.2.3. Notwithstanding the maximum lot area and lot frontage requirements
of Table 1, a legally existing oversized lot may be reduced in lot area
and/or lot frontage requirements as a result of an approved plan of
subdivision and a municipal development permit may be issued in
accordance with this By-law. For greater clarity, this provision does
not exempt lots from the minimum lot area or minimum lot frontage
requirements of Table 1.
Subdivision By-law Exceptions
5.2.4. Notwithstanding the requirements of Section 5.2, lots may be
subdivided using the provisions of Sections 5.3, 5.4, 5.5, and 5.6 of
the Subdivision By-law and a development permit may be issued for
development on these lots in compliance with all other requirements
of this Land Use By-law.
16
Subdivision for Dwelling Party Walls
5.2.5. Notwithstanding the minimum lot frontage and area requirements of
Subsection 5.2.1 a lot may be subdivided to place attached, side-by-
side dwelling units on their own lot, with a lot line running along the
party wall, provided:
the lot frontage is at least 6 metres (20 feet) for each dwelling
unit and the total combined area of the lots complies with the
minimum and maximum lot frontage requirements of Subsection
5.2.1;
the total combined number of dwelling units in the dwelling does
not exceed the maximum number of dwelling units on a lot
outlined in Section 6.2, or six (6) dwelling units, whichever is
less; and
the total combined area of the lots complies with the minimum
and maximum lot area requirements of Subsection 5.2.1.
5.3.
Flag Lots
5.3.1. The creation of flag lots shall not be permitted.
17
6
Land Uses & Required Bicycle Parking
6.1.
Use Zones
6.1.1. The uses permitted on land within the Town of Lunenburg are
governed by land use zones, the boundaries of which are shown on
Schedule 'C', the Use Zoning Map. Such zones may be referenced by
the appropriate symbols:
Use Zone Name
Use Zone Symbol
Lower Density Residential Use Zone
RL
Medium Density Residential Use Zone
RM
Higher Density Residential Use Zone
RH
Commercial Mixed Use Zone
CM
General Commercial Use Zone
CG
Waterfront Use Zone
W
Industrial Use Zone
M
Marine Industrial Use Zone
MM
Rural Use Zone
RUR
Institutional Use Zone
INS
Parks and Recreation Use Zone
PR
6.2.
Tables of Permitted Uses
6.2.1. The following tables outline the permitted uses in each use zone,
subject to the following scheme:
Uses denoted with a "P" are permitted subject to all requirements
of this By-law, and to any sections noted in the "Special Req's"
column.
18
Dwelling uses denoted with a numeral are permitted up to the
number of dwelling units identified by the numeral and subject to
all requirements of this By-law. Dwelling uses with a 'P' are not
limited in the number of permitted dwelling units. Accessory
dwellings shall not be counted for the purposes of determining
the number of dwelling units.
Uses denoted with a "DA" are permitted by development
agreement, subject to the Municipal Planning Strategy Policies
noted in the "Special Req's" column.
Uses denoted with a "-" or not listed in the table are not
permitted.
19
Residential Uses
RL
RM
RH
CM
CG
W
M
MM RUR INS
PR
Special Req's
Accessory Dwelling
P
P
P
-
P
-
-
-
P
-
-
subs. 6.4.1 to 6.4.4
Bed & Breakfast
P
P
P
-
P
-
-
-
P
-
-
subs. 6.4.5 to 6.4.7
Dwelling
2
4
P
P
P
-
-
-
P
-
-
subs. 6.4.8
Nursing Homes
-
-
P
P
-
-
-
-
-
P
-
Residential Care Facility
-
P
P
P
P
-
-
-
-
P
-
Rooming Houses
-
P
P
P
P
-
-
-
-
-
-
Small Options Home
P
P
P
-
P
-
-
-
P
-
-
Institutional Uses
RL
RM
RH
CM
CG
W
M
MM RUR INS
PR
Special Req's
Assembly Uses
-
-
-
P
P
-
-
-
-
P
P
Cultural Facilities
-
-
-
P
P
P
-
-
-
P
-
Emergency Services
-
-
-
P
-
-
P
P
-
P
-
Government Uses
-
-
-
P
P
P
P
P
-
P
P
Interpretive Centres
-
-
-
P
P
P
-
-
-
P
P
Hospitals
-
-
-
-
-
-
-
-
-
P
-
Medical Clinics
-
-
-
P
P
-
-
-
-
P
-
Schools - Academic
-
-
-
P
P
-
-
-
-
P
-
Schools - Post-secondary
-
-
-
P
P
-
-
-
-
P
-
Religious Institutions
-
-
-
P
P
-
-
-
-
P
-
20
Commercial Uses
RL
RM
RH
CM
CG
W
M
MM RUR INS
PR
Special Req's
Accommodations
-
-
-
P
P
-
-
-
-
-
-
Adult Entertainment
-
-
-
-
-
-
P
-
-
-
-
Animal Care
-
-
-
P
P
-
-
-
P
-
-
Automobile Body Shop
-
-
-
-
-
-
P
-
-
-
-
Automobile Fueling and Washing
-
-
-
P
-
-
P
-
-
-
-
Automobile Repair
-
-
-
P
-
-
P
-
-
-
-
Automobile Sales
-
-
-
P
-
-
P
-
-
-
-
Banks and Financial Institutions
-
-
-
P
P
-
-
-
-
-
-
Commercial Clubs
-
-
-
P
P
-
-
-
-
-
-
Commercial Recreation - Outdoor
-
-
-
-
-
-
-
-
P
-
P
Commercial Recreation - Indoor
-
-
-
P
P
-
P
-
-
-
-
Craft Food and Beverage Production
-
-
-
P
P
P
P
P
P
-
-
Electric Vehicle Charging -
Commercial
-
-
-
P
-
-
P
-
-
-
-
Farmers' Markets
-
-
-
P
P
P
-
-
-
P
-
Funeral Homes
-
-
-
P
P
-
-
-
-
-
-
Home-based Business
P
P
P
P
P
-
-
-
P
-
-
subs. 6.4.9
Kennel
-
-
-
-
-
-
P
-
P
-
-
Licensed Liquor Establishments
-
-
-
P
P
P
-
-
-
-
-
Marinas
-
-
-
-
-
P
-
P
-
-
-
Marine Recreation Providers
-
-
-
-
-
P
-
P
-
-
P
Offices
-
-
-
P
P
P
P
P
-
P
-
Personal Service Shops
-
-
-
P
P
-
-
-
-
-
-
21
Private Clubs
-
-
-
P
P
-
-
-
-
P
-
Restaurants - Eat-in
-
-
-
P
P
P
P
-
-
P
-
Restaurants - Take-out
-
-
-
P
P
P
P
-
-
P
P
Retail Stores
-
-
-
P
P
P
P
P
-
-
-
subs. 6.4.10
Schools - Commercial
-
-
-
P
P
-
-
-
-
P
-
Self-storage Facilities
-
-
-
-
-
-
P
-
-
-
-
Short-term Rental
P
P
P
P
P
-
-
-
P
-
-
subs. 6.4.11 and
6.4.12
Wholesale
-
-
-
-
-
-
P
P
-
-
-
Workshops
-
-
-
P
P
P
P
P
-
P
-
22
Industrial Uses
RL
RM
RH
CM
CG
W
M
MM RUR INS
PR
Special Req's
Building Supply and Equipment Depots
-
-
-
-
-
-
P
-
-
-
-
Heavy Industrial
-
-
-
-
-
-
DA
DA
-
-
-
MPS Policy 4-17
Light Industrial
-
-
-
P
P
P
P
P
-
-
-
Marine Industrial
-
-
-
-
-
P
P
P
-
-
-
Recycling Depots
-
-
-
-
-
-
P
-
-
-
-
Scrap Yards
-
-
-
-
-
-
P
-
-
-
-
Transportation and Logistics
-
-
-
-
-
-
P
P
-
-
-
Warehousing
-
-
-
-
-
-
P
P
-
-
-
23
Other Uses
RL
RM
RH
CM
CG
W
M
MM RUR INS
PR
Special Req's
Agricultural Uses
-
-
-
-
-
-
-
-
P
-
-
Cemeteries
-
-
-
-
-
-
-
-
P
P
P
Daycare Centres
-
-
P
P
P
-
-
-
P
P
-
Forestry Uses
-
-
-
-
-
-
-
-
P
-
-
Parking Structures & Surface Parking
Lots
-
-
-
P
-
-
P
P
-
P
-
Parks and Playgrounds
P
P
P
P
P
P
P
P
P
P
P
Public Recreation
-
-
-
P
-
P
-
-
P
P
P
Public Transportation
-
-
-
P
P
-
P
-
-
P
-
Solar Collector Systems - Large-scale
-
-
-
-
-
-
P
-
P
-
-
Trails and Conservation
P
P
P
P
P
P
P
P
P
P
P
Urban Agriculture
P
P
P
P
P
-
-
-
P
P
P
subs. 6.4.13 to
6.4.15
Water Access
P
P
P
P
P
P
P
P
P
P
P
24
6.3.
Existing Uses
6.3.1. The existing uses listed in Schedule 'A', Existing Uses are considered
permitted.
6.4.
Special Use Requirements
Accessory Dwellings
6.4.1. Accessory dwellings may be permitted within the main building or
within a detached accessory building, but the total number of
accessory dwellings shall be limited to one per lot.
6.4.2. The building footprint of a detached accessory dwelling shall not
exceed 60 square metres or 40% of the building footprint of the main
dwelling, whichever is larger.
6.4.3. Detached accessory dwellings shall not be located in the front yard.
6.4.4. Detached accessory dwellings shall meet form zone requirements for
accessory buildings.
Bed and Breakfasts
6.4.5. Bed and breakfast uses shall not serve food to non-guests unless a
restaurant is a permitted use in the applicable use zone.
6.4.6. Bed and breakfast uses shall be limited in size to six (6) sleeping
units in the Lower Density Residential Use Zone, Medium Density
Residential Use Zone, and Rural Use Zone.
6.4.7. Notwithstanding Subsection 6.4.6, larger bed and breakfast uses may
be permitted by development agreement subject to Municipal Planning
Strategy Policy 4-10.
25
Dwellings
6.4.8. Within the Commercial Mixed Use Zone, dwelling units shall be
prohibited on the ground floor within 15 metres (50 feet) of the front
lot line. For greater clarity, uses accessory to dwellings, such as
residential lobbies and amenity space, may be permitted on the
ground floor.
Home-based Businesses
6.4.9. Home-based business shall meet the following requirements:
The dwelling must be the place of primary residence of the
owner of the business.
The business shall not employ on-site at one time more than two
(2) persons whose primary residence is not the dwelling on the
lot.
The business must be located in the dwelling or in an accessory
building.
The following uses shall be permitted as a home-based business:
i.
Business offices or professional offices
ii.
Craft workshops and craft shops
iii.
Personal service shops
iv.
Tailoring and/or commercial sewing
v.
Studios for the practice or instruction of fine arts,
commercial arts or crafts
vi.
Repair shops, excluding vehicle or small engine repair shops
vii.
Day care centres
viii. Taxicab operations
ix.
On-site preparation of food for off-site (catering)
26
More than one of the uses permitted in clause (d) may be
located on the site at one time, but multiple uses shall be
considered as one home-based business for the purposes of
compliance with this subsection.
Retail sales of products shall be limited to the sale of products
made, refinished, or repaired on the premises and products
associated with the business.
The business shall occupy an area equivalent to no more than
25% the gross floor area of the dwelling or 47 square metres
(505 square feet), whichever is less.
No more than two (2) commercial vehicles, including taxicabs,
related to the business use may be kept upon or operated from
the lot on which the business is located.
Retail Stores
6.4.10. Within the Industrial Use Zone and Marine Industrial Use Zone, retail
stores shall:
be related to another use on the lot; and
not exceed 25 percent of the gross floor area on the lot.
Short-term Rentals
6.4.11. Only one short-term rental shall be permitted on a lot.
6.4.12. Short-term rentals shall not be permitted in accessory dwellings or
accessory buildings.
Urban Agriculture
6.4.13. The keeping of chickens as an urban agriculture use shall be subject
to the following requirements:
Roosters shall be prohibited.
27
The number of hens permitted shall be:
i.
five (5) or fewer on lots 1,000 square metres (10,764
square feet) in area or smaller; and
ii.
ten (10) or fewer on lots larger than 1,000 square metres
(10,764 square feet).
The chickens shall be kept within an enclosure and not permitted
to run at large.
Coops shall meet form zone requirements for accessory
buildings.
6.4.14. The keeping of bees as an urban agriculture use shall be subject to
the following requirements:
All hives shall be located at least 3.0 metres (10 feet) from any
lot line, unless they are located on a rooftop at a height of 3.0
metres (10 feet) or higher.
All hives and colonies shall be registered with the Nova Scotia
Department of Agriculture.
6.4.15. Community gardens shall include a clearly-defined area for solid
waste and compost.
6.5.
Adaptive Re-use
6.5.1. Adaptive re-use of former institutional buildings and properties for a
use not otherwise permitted in the applicable use zone may be
permitted by development agreement, subject to Municipal Planning
Strategy Policy 4-12.
6.6.
Non-conforming Uses
6.6.1. A non-conforming use shall not be recommenced if discontinued for a
continuous period of 12 months.
28
6.6.2. A non-conforming use may be expanded or converted to another non-
conforming use by development agreement as provided for by
Municipal Planning Strategy Policy 4-24.
6.7.
Accessory Uses
6.7.1. Uses accessory to a main use shall be permitted in all use zones.
Electric Vehicle Charging - Accessory
6.7.2. Nothing in this By-law shall prevent the installation of an electric
vehicle charging station where the station is for the exclusive
domestic use of a dwelling.
6.7.3. Charging stations for electric vehicles that are not for the exclusive
use of a dwelling shall be permitted as an accessory use in all use
zones except the Lower Density Residential Use Zone.
6.7.4. Electric vehicle charging stations operated on a commercial basis
shall be permitted, or not, as indicated in each use zone's permitted
uses table.
Solar Collector Systems - Accessory
6.7.5. On-building solar collector systems shall be permitted as an accessory
use in all use zones.
6.7.6. On-building solar collector systems shall be exempt from building
height requirements.
6.7.7. Off-building solar collector systems may be permitted as an accessory
use to a maximum panel area of 4 square metres (43 square feet)
and subject to the form requirements for accessory buildings.
29
Wind Turbines - Accessory
6.7.8. Wind turbines shall be permitted as an accessory use in all use
zones.
6.7.9. Notwithstanding form zone requirements, wind turbines shall not
exceed a height of 9 metres (29 feet) or a nameplate generation
capacity of 10 kW.
Residential Storage Buildings
6.7.10. Storage buildings associated with a residential use, including but not
limited to garages and boathouses, may be permitted as the main
use on a lot subject to the following requirements:
In the General Commercial Use Zone the storage building must
be within 30 metres (98 feet) of a lot with a dwelling on it held
in the same ownership.
In all other use zones the storage building must be on a lot
abutting a lot with a dwelling on it held in the same ownership.
The applicable form zone requirements of this By-law must be
satisfied as if the storage building were regarded as the main
building on the lot.
Notwithstanding form zone requirements, the storage building
shall:
i.
not exceed 37 square metres (398 square feet) in building
footprint; and
ii.
not exceed 8 metres (26 feet) in height.
6.8.
Temporary Uses
Temporary Uses Incidental to Constructions
6.8.1. This By-law does not apply to the use of land or the erection of
temporary buildings or structures incidental to construction.
30
6.8.2. A development permit is not required for land uses or temporary
buildings or structures incidental to construction if a development
permit has been issued or is not required by this By-law for the
development being constructed.
6.8.3. Any land uses or temporary buildings or structures incidental to
construction must be terminated or removed:
after the completion of the development being constructed; or
if construction has not completed within two (2) years of
commencement, Council may, by resolution, order the termination
or removal of the temporary land use or buildings or structures.
Temporary Uses for Special Occasions and Holidays
6.8.4. This By-law does not apply to the use of land or the erection of
temporary buildings or structures for special occasions and holidays.
6.8.5. A development permit is not required for the use of land or the
erection of temporary buildings or structures for special occasions and
holidays.
6.8.6. Any land uses or temporary buildings or structures for special
occasions and holidays must be terminated or removed within two (2)
days after the end of the special occasion or holiday.
6.9.
Farm, Fish, and Forest Sales from a Stand or Parked Motor Vehicle
6.9.1. Outdoor sales from a stand or parked motor vehicle of fresh flowers,
fruit, and vegetables; products from the sea; and forestry products
such as, but not limited to, Christmas trees, wreaths, and maple
products is allowed in the Mixed Use Zone, General Commercial Use
Zone, Waterfront Use Zone, and Rural Use Zone without the
requirement for a development permit, subject to the Vending By-law.
31
6.9.2. Stands shall not exceed a footprint of 10 square metres (107 square
feet).
6.9.3. Outdoor sales from a stand or parked motor vehicle shall not be
located within the street right-of-way.
6.10.
Home Occupations
Personal Office or Studio
6.10.1. Nothing in this By-law shall prevent the use of a portion of any
dwelling or building accessory to a dwelling as personal office or
studio for residents of the dwelling if the personal office or studio is
not intended to be visited by members of the public.
6.10.2. No development permit is required for a personal office or studio.
Instruction of One Student at a Time
6.10.3. Nothing in this By-law shall prevent the use of a portion of any
dwelling unit or building accessory to a dwelling unit for the
instruction of one student at a time.
6.10.4. No development permit is required for the instruction of one student
at a time.
6.11.
Obnoxious Uses
6.11.1. Obnoxious uses shall not be permitted except heavy industrial uses
where the Use Zone permits the heavy industrial use by development
agreement and subject to any terms in the development agreement to
manage or control the obnoxious effects of the use.
6.12.
Vending
6.12.1. Vending shall comply with the Vending By-law and with Schedule 'G',
Vending, of this Land Use By-law.
32
6.12.2. Where the Vending By-law references a section of this Land Use By-
law that reference shall be considered as a reference to the section
with the same name within Schedule 'G', Vending, of this Land Use
By-law.
6.13.
Minimum Bicycle Parking Requirements by Use
6.13.1. No development permit shall be issued for any development unless
bicycle parking is provided and maintained in conformity with Table 3
and the standards of this Section.
Table 3: Minimum Bicycle Parking Requirements
Use
Bicycle Parking Spaces Required
Accommodations
Two (2) spaces
Assembly Uses
One (1) space per 200 m2 (2,153 ft2)
GFA
Cultural Facilities and Interpretive
Centres
Two (2) spaces
Dwellings with More than Two (2) Units
0.5 spaces per dwelling unit
Office
One (1) space
Personal Service Shop
One (1) space
Retail Store
One (1) space
6.13.2. If a lot contains more than one main use the minimum bicycle
parking requirements of Table 3 for each use shall be summed to
determine the total number of required spaces.
6.13.3. The minimum bicycle parking requirements of Table 3 shall not apply
to existing buildings within the Heritage Conservation District, as
identified on Schedule 'F', the Heritage Conservation District and
Architectural Control Area Map, of this By-law.
33
Bicycle Parking Space Dimensions
6.13.4. Bicycle parking spaces provided for the purposes of fulfilling the
requirements of Subsection 6.13.1 shall:
have a minimum width of 0.6 metres (2 feet) and a minimum
length of 2 metres (6.6 feet);
be free of obstructions to a height of 2 metres (6.6 feet);
not obstruct vehicular or pedestrian circulation;
be accessed by an access lane with a minimum unobstructed
width of 1.2 metres (4 feet); and
include an "inverted U" or "post-and-ring" bicycle rack that:
i.
is located on one side of the parking space and oriented
parallel to the length of the parking space;
ii.
is permanently mounted into or onto the surface with the
midline of the rack at the midline of the length of the
parking space; and
iii.
is made of metal.
6.13.5. For greater clarity, one bicycle rack may be used to fulfill the rack
requirements for two adjacent bicycle parking spaces by placing it on
the shared border of the two spaces.
Bicycle Parking Location
6.13.6. Bicycle parking spaces provided for the purposes of Subsection 6.13.1
shall:
be accessible to the public; and
be located between the main building and the front lot line
unless, in the opinion of the Development Officer, this location is
impossible due to an existing main building being located on or
near to the front lot line.
34
6.13.7. The requirements of Subsection 6.13.6 shall not apply to bicycle
parking spaces for dwellings.
Inverted "U" and Post-and-Ring bicycle Racks
35
7
Form
7.1.
Form Zones
7.1.1. The forms of buildings within the Town of Lunenburg are governed by
form zones, the boundaries of which are shown on Schedule 'D', the
Form Zoning Map. The zones may be referenced by their
corresponding symbol:
Form Zone Name
Form Zone Symbol
Old Town 1 Form Zone
OT1
Old Town 2 Form Zone
OT2
Old Town/New Town 1 Form Zone
ONT1
Old Town/New Town 2 Form Zone
ONT2
New Town 1 From Zone
NT1
Main Street Form Zone
MST
Marine Form Zone
MA
Community Form Zone
CTY
Industry Form Zone
IN
Rural Form Zone
RF
Shoreline Form Zone
S
7.2.
General Form Requirements
Servicing
7.2.1. Plumbed development in all form zones except the Rural Form Zone
shall be serviced by the Town sewer and water systems where these
services are available. If availability is disputed or unclear the Town
Engineer shall be solely responsible for making a determination.
7.2.2. Notwithstanding Subsection 7.2.1, the Town Engineer may permit
industrial uses to utilize private treatment and disposal systems if the
effluent waste stream would not be appropriate for the Town sewer
system.
36
Corner Vision Triangle
7.2.3. Notwithstanding any other provision of this By-law any vegetation or
building or structure including, but not limited to, fences and signs are
not permitted to exceed 1.0 metres (3.2 feet) in height above the
grade of the abutting streets in a corner vision triangle except in the
Heritage Conservation District, as identified on Schedule 'F', the
Heritage Conservation District and Architectural Control Area Map.
This provision shall not apply above a height of 2.4 metres (7.9 feet).
Fences
7.2.4. Notwithstanding minimum setbacks, fences and walls 1.8 metres (5.9
feet) or less in height in any form zone, and fences of any height in
the Industry Form Zone, may be erected along property lines.
7.2.5. Fences or walls greater than 1.8 metres (5.9 feet) in height shall not
be permitted within the Old Town 1 Form Zone, Old Town 2 Form
Zone, or Old Town/New Town 1 Form Zone.
7.2.6. The use of barbed wire or other sharp-edged materials is prohibited
except at the top of fences or walls over 2 metres (6.6 feet) high
(where permitted) or fences or walls associated with agricultural uses
in the Rural Form Zone and Industry Form Zone.
Exterior Lighting
7.2.7. Exterior lighting on any lot shall be directed away from abutting
properties and streets.
37
Canopies and Covered Ways
7.2.8. No canopy or covered way shall be erected so that any portion of the
structure protrudes below a height of 2.5 metres (8.2 feet) above
grade, or the height required by Town snow removal equipment,
whichever is greater, but this shall not apply where such structures
project entirely over private property and are situated so as to present
no hazard to public safety.
Balconies, Extended Dormers, Exterior Staircases and Fire Escapes
7.2.9. In any form zone where setback or yard requirements are 0 metres,
balconies, extended dormers, exterior staircases and fire escapes
added to buildings existing on July 27, 2021 shall be permitted to
project over abutting property lines provided an easement permitting
the encroachment is registered on the abutting property prior to the
application for a development permit.
38
Flood Risk Area Development Standards
7.2.10. New development within the Flood Risk Areas as shown on Schedule
'E', the Flood Risk Area Map, are required to sign a "Flood Risk Area
Development Undertaking Form" acknowledging recognition of risks
and responsibility for damages in the event of a flood and confirming
that:
The finished floor elevation of habitable areas is no lower than
3.2 metres CGVD2013.
Storage areas for hazardous materials and potential water
pollutants, such as fuel oil, are located at an elevation no lower
than 3.2 metres CGVD2013 or are designed by a Professional
Engineer for safety and containment in the event of a flooding
event.
Consideration has given to the placement of flood-vulnerable
mechanical and electrical equipment.
Take-Out Windows
7.2.11. "Take-out" windows enabling walk-up service from private property or
the public sidewalk shall be permitted in all form zones.
Drive Through Facilities
7.2.12. Drive through facilities shall be prohibited in all form zones except the
Main Street Form Zone.
Waste Receptacles
7.2.13. Any premises that offer prepared food to be taken and eaten outside
the main building shall provide outdoor receptacles for waste.
39
Shipping Containers
7.2.14. Shipping containers shall not be permitted as accessory buildings
except in the Marine Form Zone, Community Form Zone, Industry
Form Zone, and Rural Form Zone.
7.2.15. In the Rural Form Zone the total length of shipping containers used
as accessory buildings on the lot shall not exceed 12.2 metres (40
feet).
7.3.
Architectural Control Area
New Buildings
7.3.1. In addition to all requirements governing land use and building form,
new buildings within the Architectural Control Area, as shown
Schedule 'F', the Heritage Conservation District and Architectural
Control Area Map, shall be similar to any substantially intact pre-1940
main building located within 91 metres (300 feet) of the new building
and fronting on the same street, with respect to:
architectural style;
building length to width ratio;
height;
roof shape;
appearance of exterior cladding and roof materials;
architectural details and trim;
shape and size of porches, doors and windows;
window area to wall area ratio; and
location, type, bulk and appearance of chimneys.
7.3.2. New buildings located on corner lots may use either street as the
street on which they front.
40
Additions and Alterations to Existing Buildings
7.3.3. In addition to all requirements governing land use, additions and
alterations to any main building constructed prior to 1940 within the
Architectural Control Area as shown on Schedule 'F', the Heritage
Conservation District and Architectural Control Area Map, shall be
similar to the main building with respect to Clauses (a) to (i) inclusive
of Subsection 7.31. above, and the total building footprint of all
additions approved after June 13, 1996 shall not exceed 25% of the
building footprint existing prior to June 13, 1996.
7.4.
Number of Main Buildings on a Lot
7.4.1. In all form zones except those specified in Subsections 7.4.2 and
7.4.3, below, only one main building shall be permitted on a lot.
7.4.2. Within the Marine Form Zone, Industry Form Zone, and Shoreline
Form Zone, there shall be no limit on the number of main buildings
on a lot.
7.4.3. Within the Old Town/New Town 2, New Town 1, and Main Street
Form Zones, multiple main buildings shall be permitted on a lot,
subject to the following requirements:
The maximum front and flankage setbacks of Subsection 7.5.1
shall only apply to the main building that is closest to the front
lot line.
The streetwall and stepback requirements of Subsections 7.7.2
and 7.7.3 shall only apply to the main building that is closest to
the front lot line.
Notwithstanding the requirements of Clause 7.9.4(f), all surface
parking shall be located to the rear of the main building that is
closest to the front lot line.
41
The minimum separation distance between main buildings shall
be 2.5 metres (8.2 feet).
All main buildings shall be connected to each-other and to the
front lot line by means of a network of pedestrian walkways
meeting the standards of Subsection 7.9.1.
At least one tree with a minimum caliper of 50 mm shall be
planted, or one existing tree with a minimum caliper of 150mm
shall be preserved, for every 20 square metres (215 square feet)
of lot area not covered by buildings. For greater clarity, the trees
may be grouped together.
42
7.5.
Setbacks
Main Building Setbacks
7.5.1. Main buildings constructed or enlarged within the Town shall comply
with the following setbacks:
Table 5: Main Building Setbacks
Form Zone
Min. Front
/ Flankage
Setback
Max. Front
/ Flankage
Setback
Min. Side
Setback
Min. Rear
Setback
Old Town 1
0 m
(0 ft)
4 m
(13 ft)
0 m
(0 ft)
1.5 m
(5 ft)
Old Town 2
0 m
(0 ft)
4 m
(13 ft)
1.2 m
(4 ft)
3.5 m
(11.5 ft)
Old Town/New Town 1
0 m
(0 ft)
6 m
(19.5 ft)
2.4 m
(8 ft)
6 m
(20 ft)
Old Town/New Town 2
6 m
(20 ft)
10 m
(32 ft)
2.4 m
(8 ft)
6 m
(20 ft)
New Town 1
6 m
(20 ft)
10 m
(32 ft)
2.4 m
(8 ft)
4 m
(13.5 ft)
Main Street
1.5 m
(5 ft)
4 m
(13 ft)
2.4 m
(8 ft)
6 m
(20 ft)
Marine
0 m
(0 ft)
-
0 m
(0 ft)
0 m
(0 ft)
Community
6 m
(20 ft)
-
4.5 m
(15 ft)
7.5 m
(25 ft)
Industry
12 m
(40 ft)
-
6 m
(20 ft)
12 m
(40 ft)
Rural
6 m
(20 ft)
-
2.4 m
(8 ft)
6 m
(20 ft)
Shoreline
0 m
(0 ft)
-
1.2 m
(4 ft)
0 m
(0 ft)
7.5.2. The maximum front and flankage setbacks shall not apply for
enlargements of existing buildings.
43
7.5.3. The minimum rear and side setback requirements are waived for any
setback that directly abuts a harbour shoreline in the Industry and
Marine Form Zones.
7.5.4. Notwithstanding minimum side setback requirements the party wall of
attached, side-by-side dwelling units may be centred on mutual side
lot lines.
44
Accessory Building Setbacks
7.5.5. Accessory buildings constructed or enlarged within the Town shall
comply with the following setbacks:
Table 6: Accessory Building Setbacks
Form Zone
Min. Front /
Flankage
Setback
Min. Side
Setback
Min. Rear
Setback
Old Town 1
0 m
(0 ft)
1.2 m
(4 ft)
1.2 m
(4 ft)
Old Town 2
0 m
(0 ft)
1.2 m
(4 ft)
1.2 m
(4 ft)
Old Town/New Town 1
0 m
(0 ft)
1.2 m
(4 ft)
1.2 m
(4 ft)
Old Town/New Town 2
6 m
(20 ft)
1.2 m
(4 ft)
1.2 m
(4 ft)
New Town 1
6 m
(20 ft)
1.2 m
(4 ft)
1.2 m
(4 ft)
Main Street
0 m
(0 ft)
1.2 m
(4 ft)
1.2 m
(4 ft)
Marine
0 m
(0 ft)
0 m
(0 ft)
0 m
(0 ft)
Community
6 m
(20 ft)
1.2 m
(4 ft)
1.2 m
(4 ft)
Industry
12 m
(40 ft)
6 m
(20 ft)
6 m
(20 ft)
Rural
6 m
(20 ft)
1.2 m
(4 ft)
1.2 m
(4 ft)
Shoreline
0 m
(0 ft)
1.2 m
(4 ft)
0 m
(0 ft)
7.5.6. Accessory buildings shall be located on the same lot as the main
use.
7.5.7. Accessory buildings shall not be located in the front or flankage yard.
45
7.5.8. Notwithstanding Subsection 7.5.5, an accessory building less than 16
square metres (172 square feet) in gross floor area may have a
minimum rear and/or side yard of not less than 1.0 metre (3.3 feet).
7.5.9. Notwithstanding minimum side setbacks, the party wall of a semi-
detached garage may be centred on a mutual side lot line.
7.5.10. Notwithstanding minimum side and rear setbacks, boat houses, docks,
wharves, or piers may be built across the lot line corresponding to
the water's edge.
7.5.11. Notwithstanding Subsection 7.5.5, accessory buildings legally existing
on July 27, 2021 with less than the required setback may be replaced
or rebuilt in the same location provided the undersized setback is not
further reduced.
Encroachment into Setbacks
7.5.12. Notwithstanding Subsections 7.5.1 and 7.5.5 the follow encroachments
into minimum required setbacks shall be permitted:
46
Table 7: Permitted Encroachments
Feature
Required Setback in
which Encroachment
is Permitted
Permitted
Encroachment
Distance
Balconies, decks (> 0.3 m high), patios,
steps, verandas, porches (open) not
exceeding one storey in height, terraces
(uncovered)
Front, rear and
flankage
2.5 m
(8.2 ft)
Barrier free access structures
Any
To lot line
Carports
Side
0.6 m (1.9 ft)
from lot line
Decks less than 0.3 metres (0.98 ft)
high
Any
To lot line
Exterior insulation retrofitted to an
existing building
Any
0.3 m
(0.98 ft)
Fire escapes and exterior staircases
Rear and side
1.5 m
(4.9 ft)
Sills, belt courses, cornices, eaves,
gutters, chimneys, pilasters, or similar
architectural features
Any
0.6 m
(1.9 ft)
Window bays up to 3 metres (9.8 ft)
wide
Front, rear and
flankage
1 m
(3.2 ft)
Lunenburg Bump
Front
To lot line
47
7.6.
Site Design
7.6.1. Development within the Town shall comply with the following site
design requirements:
Table 8: Site Design Requirements
Form Zone
Maximum Lot
Coverage
Outdoor
Storage
Permitted
Outdoor Display
Permitted
Old Town 1
100%
Yes
Yes
Old Town 2
50%
No
No
Old Town/New Town 1
40%
No
No
Old Town/New Town 2
40%
No
No
New Town 1
40%
No
No
Main Street
100%
Yes
Yes
Marine
100%
Yes
Yes
Community
-
Yes
Yes
Industry
100%
Yes
Yes
Rural
40%
Yes
Yes
Shoreline
-
Yes
Yes
Abutting Zone Requirements
7.6.2. Where a yard or lot located within the Industry Form Zone abuts any
other zone, the following restrictions apply to the abutting yard within
the Industry Form Zone:
the minimum setback required for the abutting yard shall be 6
metres (20 feet);
the required abutting setback shall be planted with a mix of
coniferous and deciduous trees;
no open storage or permanent outdoor display is permitted in the
abutting yard in the Industry Form Zone; and
no parking space is permitted in an abutting yard within 3 metres
(10 feet) of a side or rear lot line.
48
Outdoor Storage
7.6.3. The following requirements apply to outdoor storage, where permitted:
Outdoor storage is not permitted within the required minimum
front or flankage setback of a lot.
All outdoor storage in the front, flankage, and side yards shall be
screened or be within a solid enclosure.
The area devoted to outdoor storage shall not exceed 50% of
the lot area.
49
7.7.
Building Form
Main Building Form
7.7.1. Main buildings constructed in the Main Street Form Zone shall be
oriented with their primary façade and main entrance approximately
parallel to the front lot line. Where there is more than one main
building on a lot, this requirement shall only apply to the one closest
to the front lot line.
7.7.2. Main buildings constructed or enlarged within the Town shall comply
with the following building form requirements:
50
Table 9: Main Building Form Requirements
Form Zone
Max.
Height
Min.
Height
Min.
Ground
Floor
Height
Min.
Streetwall
Height
Max.
Streetwall
Height
Min.
Stepback
Above
Streetwall
Max.
Building
Footprint
Old Town 1
10.5 m
(34 ft)
6 m
(20 ft)
-
-
-
-
-
Old Town 2
10.5 m
(34 ft)
-
-
-
-
-
-
Old Town/New Town 1
10.5 m
(34 ft)
-
-
-
-
-
-
Old Town/New Town 2
10.5 m
(34 ft)
-
-
-
-
-
-
New Town 1
19.5 m
(63 ft)
-
-
-
-
-
1,500 m2
(16,145
ft2)
Main Street
20.5 m
(67 ft)
10 m
(33 ft)
4 m
(13.2 ft)
10 m
(33 ft)
16 m
(52 ft)
3 m
(10 ft)
3,000 m2
(32,291
ft2)
Marine
19.5 m
(63 ft)
-
-
-
-
-
-
Community
10.5 m
(34 ft)
-
-
-
-
-
-
Industry
13.5 m
(44 ft)
-
-
-
-
-
-
Rural
10.5 m
(34 ft)
-
-
-
-
-
-
Shoreline
8 m
(26 ft)
-
-
-
-
-
47 m2
(505 ft2)
Streetwall Width
7.7.3. Main buildings constructed in the Main Street Form Zone shall have a
streetwall width a minimum of 40 metres (132 feet) or 60% of the lot
frontage, whichever is less.
51
Accessory Building Form
7.7.4. Accessory buildings constructed or enlarged within the Town shall
comply with the following building form requirements:
Table 10: Accessory Building Form Requirements
Form Zone
Maximum Height
Old Town 1
8 m
(26 ft)
Old Town 2
8 m
(26 ft)
Old Town/New Town 1
8 m
(26 ft)
Old Town/New Town 2
8 m
(26 ft)
New Town 1
8 m
(26 ft)
Main Street
8 m
(26 ft)
Marine
8 m
(26 ft)
Community
8 m
(26 ft)
Industry
8 m
(26 ft)
Rural
8 m
(26 ft)
Shoreline
8 m
(26 ft)
52
Height Exemptions
7.7.5. Notwithstanding Subsections 7.7.2 and 7.7.4 minimum and maximum
height requirements shall not apply to church spires, water tanks,
elevator enclosures, flag poles, television or radio antennae,
ventilators, skylights, chimneys, clock towers, guard rails, and
telecommunication towers.
7.8.
Signage
Permits Required for Signs
7.8.1. Except as specifically exempted in this part, the erection or placement
of a sign requires a development permit.
7.8.2. Signs require a Certificate of Appropriateness prior to issuance of a
development permit if the property is a registered municipal heritage
property or if it is in the Heritage Conservation District, as identified
on Schedule 'F', the Heritage Conservation District and Architectural
Control Area Map.
Counting Signs
7.8.3. A sign is a single display surface or device, but a series of related
elements organized to convey a single message counts as one sign.
Prohibited Signs
7.8.4. The following signs shall be prohibited:
Signs that incorporate any flashing or moving illumination, except
for menu board signs.
Signs that incorporate illumination that varies in intensity or
colour, including flashing lights, except for menu board signs.
Roof signs.
Signs that are a hazard to public health or safety.
53
Signs that obstruct drivers' vision or any traffic sign or traffic
control device.
Signs that obstruct the use of a fire escape door, windows, or
other required exit.
Signs that make use of such words as "STOP", "LOOK", "ONE
WAY", "DANGER", "YIELD", or any other similar words, phrases,
or symbols so as to interfere with or confuse traffic.
Signs that advertise a product, service, or business that is not
available at that location.
Signs on public property or public right-of-way, unless:
i.
erected by a public authority;
ii.
erected with the permission of the owner of the property; or
iii.
the sign is a portable sign in compliance with this By-law.
Signs painted upon, attached to, or supported by a tree, stone,
cliff, or other natural object.
Signs Permitted in all Form Zones
7.8.5. The following signs are permitted in all form zones and a
development permit is not required:
Signs identifying the name and address of a private residence or
the name of the resident, and not more than 0.2 square metres
(2.15 square feet) in sign area.
"No trespassing" signs or other such signs regulating the use of
a property, and not more than 0.2 square metres (2.15 square
feet) in sign area.
54
Real estate signs, not exceeding 1.5 square metres (16 square
feet) in sign area in the Rural, Marine, and Industrial Form
Zones and 0.5 square metres (5.3 square feet) in sign area
other zones, which advertise the sale, rental or lease of the
premises.
Signs regulating or denoting on-premises traffic or parking, or
other signs denoting the direction or function of various parts of
a building or premise provided that the signs are less than 0.5
square metres (5.3 square feet) in area.
Signs erected by a government body, or under the direction or
authority of such a body, such as, but not limited to, traffic
signs, railroad crossing signs, safety signs, signs identifying
public schools, public election lists and signs, public interpretive
signs, and commercial direction signs forming part of a direction
sign program for the Town.
Memorial signs or tablets and signs denoting the historical
significance and date of erection of a structure.
The flag, pennant, or insignia of any government, or of any
charitable, religious or fraternal organization.
A sign having an area of not more than 4.5 square metres (48.4
square feet) incidental to construction and located on the same
site as the building under construction.
Signs associated with a Federal, Provincial or Municipal election.
One sign for each street frontage of a lot to be subdivided, each
with a maximum area of 3.0 square metres (32 square feet) and
a maximum height of 5.0 metres (16.4 feet) advertising a
subdivision, and located within the area of the plan of
subdivision.
55
One sign for each street frontage of a lot to be developed, each
with a maximum area of 3.0 square metres (32 square feet) and
a maximum height of 5.0 metres (16.4 feet), advertising a
dwelling development of more than six dwelling units, and
located on the parcel to be developed.
Signs (including banners) indicating "open", "closed", "sale" or
similar terms for any business.
Temporary signs in windows advertising sales and bargains that
are displayed for two weeks or less.
Temporary community special event signs that are displayed for
the duration of the event and removed within one week of the
event's conclusion.
Notices attached to a community bulletin board if a development
permit has been issued for the community bulletin board.
Advertising signs on Town-owned recreation lands which reflect a
significant support of the recreation facility by the advertiser if
approved by both the Town Council and any operator of the
facility.
Changeable Copy Signs
7.8.6. Changeable copy signs are not permitted in the Old Town 1 Form
Zone.
Ground Signs
7.8.7. In the Main Street and Industry Form Zones ground signs shall:
not exceed 10 square metres (107 square feet) in sign area; and
not exceed 6 metres (19.6 feet) in height.
7.8.8. In all other form zones, ground signs shall:
56
not exceed 2.4 square metres (25.8 square feet) in sign area;
and
not exceed 3 metres (9.8 feet) in height.
7.8.9. Ground signs shall not extend into:
an adjacent property;
a driveway;
a parking space;
a corner vision triangle; or
a street or other public right-of-way.
7.8.10. There shall only be one ground sign on a property, except in the
Main Street Form Zone where two shall be permitted.
7.8.11. Ground signs in the Main Street Form Zone and Community Form
Zone may be digital, in whole or in part, subject to the following
requirements:
The content of the digital sign shall not change more frequently
than once every 30 seconds.
The digital sign shall not cause glare on adjacent roadways or
on other lots.
7.8.12. Ground signs may have an additional signage area of not more than
1.0 square metres (10.7 square feet) to denote the price of fuel.
Menu Signs
7.8.13. Within the Main Street Form Zone two menu signs shall be permitted
in conjunction with a drive-through facility and such signs shall not
count towards the number of ground signs permitted on the lot.
57
Projecting Signs
7.8.14. No projecting sign shall:
exceed 2 square metres (21.5 square feet) in sign area;
project over a public street beyond the curb line;
project above the eaves, parapet or roof line of a building;
be erected at less than a height of 2.4 metres (7.9 feet) above
grade, measured from the lowest point on the sign; or
be permitted to swing freely on its supports without the
installation of a suitable catch, chain or other control device.
Wall Signs
7.8.15. Wall signs shall not extend above the wall or beyond the extremities
of the wall on which it is placed.
7.8.16. In all form zones except the Main Street Form Zone:
no wall sign may cover more than 5% of the area of the wall on
which it is placed;
the total area of a wall covered by wall signs may not exceed 9
square metres (96.8 square feet).
7.8.17. In the Main Street Form Zone:
no wall sign may cover more than 10% of the area of the wall
on which it is placed; and
the total area of a wall covered by wall signs may not exceed
37 square metres (398 square feet).
7.8.18. In this Section, the length of a wall is measured from the extremities
of the building.
58
7.8.19. In this Section, the area of a wall is measured by multiplying the
length of the wall by the height of the wall, measured from ground
level at the centre of the wall to a line level with the eaves, the
lowest point of a mansard roof or the base of the parapet.
Portable Signs
7.8.20. Portable signs are only permitted in the Old Town 1 and Main Street
Form Zones.
7.8.21. A portable sign must be located in front of the premises in which the
business the sign is intended to advertise is located.
7.8.22. A portable sign shall not be located on a sidewalk or other property
of the Town unless the owner of the sign executes an indemnity
agreement with the Town undertaking to indemnify the Town, its
employees, officers and agents and the Mayor and councillors against
any claim of any kind made against any of them and relating in any
way to the sign, and agreeing that any portable sign may be removed
by the Town if any provision of this Section is violated.
7.8.23. A portable sign on a sidewalk must not interfere with pedestrian traffic
or drivers' vision.
7.8.24. A portable sign on a sidewalk shall be positioned so as to leave at
least 1.0 metres (3.3 feet) between the sign and the curb.
7.8.25. There shall not be more than one portable sign per business.
7.8.26. In the Old Town 1 Form Zone a portable sign may not exceed 1.0
square metres (3.3 feet) in sign area, be more than 0.8 metres (2.6
feet) wide, or be more than 1.4 metres (4.5 feet) high.
7.8.27. In the Main Street Form Zone, a portable sign may not exceed 1.2
square metres (12.9 square feet) in sign area, be more than 1.0
metres (3.2 feet) wide, or be more than 1.4 metres (4.5 feet) high.
59
Window Signs
7.8.28. No more than 25% of the glass area of any window may be covered
by anything affixed directly to the glass, whether inside or out.
Community Bulletin Board
7.8.29. That portion of a community bulletin board intended for the posting of
notices by the general public may not exceed 2.0 square metres
(21.5 square feet).
Off-site Signage
7.8.30. Notwithstanding anything contained in Subsection 7.8.4(h), 7.8.7,
7.8.8, 7.8.9 and 7.8.10, a maximum of one (1) off-site ground sign
in addition to the number of ground signs permitted on a lot by this
By-law may be erected adjacent to a public street for landlocked
properties that are served by a legal right-of-way easement from a
public street to their property to advertise a product, service, or
business use located on the property served by said easement,
subject to the issuance of a municipal development permit and
provided:
the off-site sign has a minimum setback of 1.5 metres (5.0
feet) from any public street;
the off-site sign is wholly contained within the legal right-of-
way easement or is otherwise wholly contained within a
setback of 3 metres (9.8 feet) from the legal easement;
the off-site sign does not exceed 5 square metres (53.8 square
feet) in sign area;
(the off-site sign does not exceed 6 metres (19.6 feet) in
height;
60
written permission from the property owner is obtained;
and(f)the off-site sign does not extend into a corner vision
triangle. (CHG002)
7.9.
Parking and Access Design
Pedestrian Access
7.9.1. New main buildings in all form zones except the Rural Form Zone
shall have a pedestrian access connecting the primary entrance to the
front lot line and meeting the following requirements:
The pedestrian access shall be at least 1.0 metres (3.3 feet)
wide.
The pedestrian access shall be surfaced with asphalt, concrete,
bricks, flagstone, or pavers.
The pedestrian access shall be separated from vehicular traffic
by means of:
i.
a difference in grade of no less than 0.15 metres (0.5 feet);
ii.
a vegetated area not less than 0.5 metres (1.7 feet) wide;
or
iii.
through the use of protective barriers such as, but not
limited to, curbs, planters, or Jersey barriers.
Vehicular Access
7.9.2. Within the Main Street Form Zone, no more than one driveway
access and curb cut shall be permitted per lot on each road frontage
unless spaced more than 18 metres (60 feet) apart. This distance
may be reduced to 15 metres (50 feet) on large lots with 30 metres
(99 feet) or more lot frontage subject to approval of the Town
Engineer.
61
7.9.3. Except in the Industry Form Zone and Marine Form Zone, driveways
shall not exceed a width of 10 metres (32.8 metres) at the property
line.
Surface Parking Areas
7.9.4. Surface parking areas for four (4) or more automobiles shall meet the
following requirements:
All parking spaces shall have an unobstructed access on a
public street or unobstructed access to a driveway or aisle that
leads to a public street.
The parking area shall be maintained with a stable surface
sufficient to support a vehicle without undue deformation or
damage of the surface, such as rutting, and does not allow the
raising of dust or loose particles. Acceptable stable parking
surfaces include but are not limited to asphalt or concrete paving
(pervious or impervious), brick pavers, compacted granular
surfaces, and structural landscape systems such as driveable
grass or grass grid.
Any lights used for illumination of the parking area shall be
arranged as to divert the light away from streets, and abutting
lots.
For any parking area containing more than six (6) parking
spaces, any ingress or egress driveways shall not be closer than
10 metres (32.8 feet) to the centreline of any street intersection.
The maximum continuous length of a parking row shall be 18
parking spaces. Parking rows longer than 18 parking spaces
shall be divided into segments not longer than 18 parking spaces
by landscaped islands that:
i.
are the full depth of the parking row (5.8 metres min.) and
a minimum of 1.8 metres wide; and
62
ii.
contain a minimum of one deciduous tree (50mm caliper)
and eight shrubs (min 60cm high) or to meet the
requirements of a stormwater island.
Except in the Community Form Zone, only the first three (3)
parking spaces shall be permitted to locate in the front yard or
flankage yard (combined) and all other spaces shall be located in
the side and/or rear yards. Where, in the opinion of the
Development Officer, it would be impossible to locate automobile
parking in the rear or side yards due to the placement of
existing buildings spaces may be located in the front and/or
flankage yard to the extent necessary and a landscaped strip
shall be provided along the front and/or flankage property line
(excepting access points) and the strip shall:
i.
be a minimum depth of 1.5 metres (5 feet);
ii.
contain a minimum of one tree (50mm minimum caliper) for
every 3 metres of strip length; and
iii.
incorporate additional vegetation as may be required by the
Development Officer to screen the parked cars without
obstructing views.
63
Structured Parking in Main Street and Old Town 1 Form Zones
7.9.5. All new structured parking developed in the Main Street and Old
Town 1 Form Zones shall meet the following requirements:
At least the front 5 metres (16.5 feet) of the ground floor of the
structure shall be dedicated to uses other than parking, such as,
but not limited to, commercial storefronts or residential lobbies.
Notwithstanding Clause (a), a parking garage entry up to 6
metres (19.6 feet) wide is permitted on the ground floor frontage.
However, where possible, parking garage entries should exit from
the rear or side of a building.
Parking garage entries that cross a sidewalk must be designed
for safe passage of pedestrians.
Parking stalls shall supply electric vehicle charging in the
following ratios (with fractions rounded down):
i.
50% of the stalls shall include Level 1 (120v) charging
plugs.
ii.
10% of the stalls shall include Level 2 (240v) charging
plugs.
Parking in the Community Form Zone
7.9.6. Automobile parking areas in the Community Form Zone must be
visually screened from abutting properties not located in the same
zone by means of a fence or hedge or combination of at least 1.5
metres (5 feet) in height.
7.10.
Non-conforming Structures
7.10.1. Non-conforming structures shall be permitted to expand provided the
expansion does not further increase the non-conformity.
64
7.10.2. A non-conforming structure may be 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
65
8
Definitions
A
Accessory Building means a separate building 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 Dwelling means the use of a building or part of a building
for a dwelling unit subservient to another dwelling unit on the lot.
Accessory Structure means a separate 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 use subordinate and naturally, customarily,
and normally incidental to, and exclusively devoted to, a main use of
land or building and located on the same lot.
Accommodations means the use of a building, buildings on the same
lot, or part thereof used to accommodate the travelling public for gain
or profit by supplying them with overnight sleeping accommodation
with or without meals, with or without on-site administration, and with
or without private cooking facilities, and may include, but is not limited
to, hotels, motels, hostels, and cottage or cabin rentals.
Act means, unless otherwise specified, the Municipal Government Act
of the Province of Nova Scotia.
Agricultural Uses means the use of land, buildings, or structures to
raise crops or livestock and includes the sale of agricultural products
produced on the land.
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Animal Care means the use of land, buildings, or structures for the
care of animals and includes veterinary care, grooming, and day care
but does not include the breeding of animals or overnight boarding.
Assembly Uses means the use of a building or part thereof for public
assembly such as, but not limited to, community halls, gymnasiums,
and auditoria.
Automobile Body Shop means the use of a building or premises
primarily for the commercial repair of damage to the chassis and shell
of an automobile, including major and minor collision damage, frame
and panel straightening, repainting and refinishing and similar activity.
Automobile Fueling and Washing means the use of building or part
thereof or a clearly defined space on a lot used for washing of motor
vehicles and/or the retail sale of liquid or compressed gas automobile
fuels and lubricating oils and may include the sale of automobile
accessories and the minor servicing and minor repairing essential to
the actual operation of motor vehicles but does not include an
automobile repair shop, automobile sales, or automobile body shop.
Automobile Repair means the use of a building or part thereof for
the repair and service of motor vehicles and may include muffler,
brake, radiator, engine, tire, glass replacement, wheel alignment, and
other specialized activities directly related to the repair or alteration of
motor vehicles, but shall not include paint and body repairs, the
manufacture or fabrication of motor vehicle parts for the purpose of
sale, or the retailing of gasoline or other fuels.
Average Grade means the average elevation of the finished surface
of the ground, excluding any artificial embankment or entrenchment,
where it meets the exterior at the front of the building, or, in the case
of a structure other than a building, the finished surface of the ground
immediately surrounding the structure, excluding any artificial
embankment or entrenchment.
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B
Bed and Breakfast means a single-unit dwelling in which there is a
resident owner or resident manager who provides overnight
accommodation to the travelling public and provides at least one meal
(usually breakfast, but occasionally other meals as well) to overnight
guests. The bed & breakfast use shall not include provision of meals
to non-guests.
Building means any structure, whether
temporary or permanent, that is roofed
and that is used for the shelter or
accommodation of persons, animals,
material, or equipment but does not
include frames for sheltering crops.
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Building Footprint means the total ground floor area of a building
enclosed within the exterior faces of the exterior walls, and for the
purpose of this definition the walls forming a courtyard shall be
deemed to be exterior walls.
Building Official means the person or persons appointed by Council
from time to time to administer the Building By-law.
Building Supply and Equipment Depot means the use of buildings or
land for the storage of materials and equipment in support of a
building and construction-related trade such as, but not limited to,
carpenters, electricians, masons, landscapers, and plumbers.
C
Cemetery means the use of land for the burial of the dead and
related purposes, such as a columbaria and mausoleums, and
excludes a crematorium use, which is included in the definition of
funeral home.
Chicken means a member of the animal species Gallus gallus
domesticus.
Craft Food and Beverage Production means the use of a building or
part thereof for the production of:
specialized food products intended for retail sale;
not more than 150,000 hectolitres of beer, wine, mead,
pre-mixed cocktails, kombucha, or non-alcoholic beverages
in a year; or
not more than 75,000 litres of distilled spirits in a year;
and may include public tasting and retail sales of the product but
does not include a restaurant or licensed liquor establishment unless
those uses are permitted as a main use in the applicable use zone.
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Commercial Club means the use of a building in a manner that is
restricted to members and their guests, operated for gain.
Commercial Recreation, Indoor means the use of a building or part
thereof for commercial recreation or entertainment purposes and,
without limiting the generality of the foregoing, may include such
establishments as dance halls, cinemas, billiard or pool halls, rock
climbing gyms, fitness gyms, bowling alleys, indoor miniature golf
courses, indoor shooting ranges, indoor paintball fields, and bingo
halls.
Commercial Recreation, Outdoor means the use of land for
commercial recreation or entertainment purposes together with
necessary and accessory buildings and structures and, without limiting
the generality of the foregoing, may include such establishments as
golf courses, driving ranges, paintball fields, drive-in movie theatres,
outdoor miniature golf courses, ropes courses, tennis clubs, and
summer camps, campgrounds, and RV parks; but does not include
outdoor shooting ranges, tracks for the racing of animals or for the
racing of any type of motor vehicle, or any use that is obnoxious. For
greater clarity, and without limiting the generality of the foregoing,
uses accessory to outdoor commercial recreation may include uses
such as, but not limited to, eat-in and take-out restaurants; licensed
liquor establishments; "pro shops" and other rental, maintenance, and
retail sales of equipment related to the recreation activity; spas; child
minding services; and staff accommodations.
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Corner Vision
Triangle means that
part of a corner lot
adjacent to the
intersection of the
streets forming the
corner, bounded by
the streets and a line
joining the points on each street line 3 metres from the intersection.
Council means the elected Council of the Town of Lunenburg.
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.
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D
Daycare 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 Officer means the person or persons appointed by
Council from time to time to administer the Land Use By-law and
Subdivision By-law.
Dwelling means a building or a part of a building occupied or
capable of being occupied as a home or residence by one or more
persons, containing one or more dwelling units.
Dwelling Unit ("DU") means one or more habitable rooms within a
dwelling designed, occupied, or intended for use by one or more
individuals as an independent and separate housekeeping
establishment in which cooking, sleeping, and sanitary facilities are
provided for the exclusive use of such individual or individuals.
E
Electric Vehicle Charging, Commercial means infrastructure that
supplies energy for the charging of electric vehicles, such as plug-in
electric and hybrid vehicles, for remuneration. For greater clarity,
electric vehicle charging provided for free as a service to customers
of a main use of land, such as accommodations or a retail shop, is
not considered "commercial".
Emergency Services means the use of a building or land for the
protection of public health, safety, and property and shall include, but
is not limited to, fire stations, ambulance depots, police stations, and
search-and-rescue facilities, but does not include a correctional facility.
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F
Farmers' Market means the use of land, buildings, structures, or part
thereof by five or more vendors where the greater part of the goods
for sale are products of the farm, the forest, or the sea, whether in
their natural form or processed by the vendor, and the remainder of
the goods are craft products produced by the vendors or their
immediate families.
Forestry Uses means the use of land or buildings for commercial
silviculture and the production of timber or pulp and uses associated
with the forestry industry, including saw mills, maple sugaring
operations, Christmas tree u-picks, shingle mills, forestry vehicle and
equipment storage, maintenance buildings and yards, and wholesale
outlets for wood and wood products.
Funeral Home means the use of a building or part thereof for the
preparation, temporary display, and/or funeral ceremony of deceased
persons or domestic pets and may include a crematorium.
G
Gross Floor Area ("GFA") means the maximum area contained within
the outside walls of the building, excluding garages, porches,
verandahs, sunrooms, unfinished attics or basements, any detached
building, and any room not habitable at all seasons of the year. For
commercial and industrial uses the area dedicated to washrooms and
furnace rooms shall be excluded from the gross floor area
measurement.
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H
Habitable Area means an enclosed area of a building designed
and/or used for the purposes of human habitation or care but shall
not include parking areas or building access areas, such as lobbies.
Heavy Industrial means the use of land or buildings for
manufacturing, assembly, and/or processing and which use may be
located in whole or in part to the exterior of the building and which
use, by the nature of its operation may cause land use conflicts. This
definition shall not include marine industrial uses but shall include, but
is not limited to, explosives, petrochemical, coke, or paint plants;
rendering or poultry plants; tanneries; abattoirs; refineries; or industrial
cleaners.
Height means the vertical distance from average grade to the
referenced point.
Building Height means the height measured to the highest
point of the roof surface on a flat roof without a parapet;
the highest point on the parapet around a flat roof, if there
is one; the deckline of a mansard roof; the midpoint
between the eaves and ridges of other roof types, measured
to the highest gable.
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Ground Floor Height means the height measured to the
bottom of the slab or floor joists of the second floor of a
multi-story building or to the bottom of the ceiling joists in a
one-story building. In the case of one-story buildings with
cathedral ceilings, ground floor height shall be measured to
the mid-point between the lowest and highest points on the
interior of the finished ceiling.
Structure Height means the height measured to the highest
point on any non-building structure.
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.
I
Interpretive Centre means the use of a building or structure or part
thereof to communicate to the public the historical, scientific, or
cultural information about a location and/or to provide tourism and
wayfinding information to the public.
J
K
Kennel means the use of land, a building, or part thereof for a
commercial establishment where dogs and other domestic animals,
excluding livestock, are bred, raised and sold, and/or boarded.
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L
Licensed Liquor Establishment means the use of land, a building, or
part thereof for a cabaret, lounge, beverage room, and/or bar licensed
under the Nova Scotia Liquor Control Act or successor legislation.
Light Industrial means the use of a building for machining,
manufacturing, assembly, and/or processing and such use shall be
wholly contained within the building and shall not include explosives,
petrochemical, coke, or paint plants; rendering or poultry plants;
tanneries; abattoirs; refineries; or industrial cleaners.
Lot means any parcel of land described in a deed or as shown on a
registered plan of subdivision.
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 characterized by the main body of the
lot generally to the rear of another lot and with lot frontage
provided by a prolongation or "pole" with a width less than
the minimum lot frontage permitted in the applicable lot
zone and that extends from the main body of the lot to a
public or private road.
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Serviced Lot means a lot that is serviced by a municipal
sewer system, or is in the process of tentative subdivision
approval and has been identified for connection to a
municipal sewer system, and may or may not include
municipal water services.
Unserviced Lot means a lot that is not serviced by a
municipal 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
cantilevers shall be counted.
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Lot Frontage means the length of the straight line between the two
points where the side lot lines intersect the front lot line along any
public street or private road. Where the front lot line is not straight or
where it meets one or more side lot lines at an angle of less than 80
degrees or more than 100 degrees,
i.
establish a line joining the midpoint of the front lot line with the
midpoint of the rear lot line or, in the case of a triangular lot,
with the apex of the triangle formed by the side lot lines;
ii.
establish the point on the line established in (i) that is the
distance of the minimum front setback required in the applicable
zone from the
street; and
iii.
measure the
distance between
the side lot lines
along the line
perpendicular to the
line established in
(i) at the point established in (iii).
Lot Line means a boundary line of a lot.
Flankage Lot Line means any lot line that abuts a street or
private road but is not a front lot line.
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Front Lot Line means the line dividing the lot from the
street or private road. In the case of a corner lot or a
through lot that has not been built upon, it may be any
boundary dividing the lot from a street, but where the lot
has been built upon it is the boundary dividing the lot from
the street that is faced by the main pedestrian entry to the
building on the lot. In the case of an island lot with no
street or private road on the island the front lot line shall be
the lot line dividing the lot from the water and where
multiple lot lines abut the water the developer may choose
which is designated as the front lot line. In the case of a lot
with no frontage on a street or private road it may be any
lot line.
Rear Lot Line means the lot line that is not a flankage lot
line and is farthest from or opposite to the front lot line.
Side Lot Line means a lot line other than a front, flankage,
or rear lot line.
Lunenburg Bump means a dormer that cantilevers over the front door
of a building.
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M
Main Building means the building designed or used for the principle
use on the lot.
Marina means a facility where boats may be docked or moored and
where fuel and other marine supplies are sold to the boating public.
Marine Industrial means the use of land, buildings, or part thereof for
activities related to shipbuilding and repair, the commercial fishery,
and the provisioning of ships and shall include, but is not limited to,
boatyards, fish processing, shipbuilding and repair, ship chandlering,
and the storage of commercial fishing gear.
Marine Recreation Provider means the use of land, buildings, or
structures for a commercial business that, due to its nature of the
use, relies on the sea or ocean as an integral part of its operation,
including but not limited to boat tours, canoe and kayak rentals, and
jet ski rentals, but does not include uses related to the commercial
fishing industry.
Medical Clinic means the use of a building or part thereof where
medical or therapeutic diagnosis and/or treatment services are
provided to the general public, but does not include a public or
private hospital.
Municipal Planning Strategy ("MPS") means the Municipal Planning
Strategy of the Town of Lunenburg.
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N
Nursing Home means the use of a building or part thereof for 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 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.
Outdoor Display means the display of retail goods or materials
intended for the immediate sale to the general public where such
goods are not enclosed within a building.
Outdoor Storage means storage exterior to a building of items such
as merchandise, goods, inventory materials, or equipment and where
such items are not intended for immediate sale; but does not include
items ancillary to a residential use, such as, but not limited to,
firewood for on-site consumption.
P
Parks and Playgrounds means the use of land for passive recreation
and landscaping features and shall include, but is not limited to,
greens, community gardens, walking paths, play structures, ponds,
fountains, and dog parks.
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Personal Service Shop means the use of a building or part thereof
in which persons are employed in furnishing services and otherwise
administering to the individual and personal needs of persons and
without limit the generality of the foregoing may include such
establishments as barber shops, beauty parlours, shoe shining shops,
tattoo shops, and depots for collecting clothing and linens for dry
cleaning and laundry, but excludes any manufacturing or fabrication of
goods for sale or the actual act of dry cleaning.
Private Club means the use of a building or part thereof for a
meeting place for members of an organization and may include a
lodge, a legion, a fraternity or sorority house, and a labour union hall.
Private Road means any road that is not owned by the Town of
Lunenburg or the Crown.
Public Road or Street means the whole and entire right-of-way of
every highway, road, or road allowance vested in the Province of
Nova Scotia or the Town, but does not include a controlled-access
highway.
Public Recreation means the use of land, buildings, or parts thereof
for tennis courts, lawn bowling greens, skating rinks, skateboard
parks, athletic fields, band shells, pavilions, outdoor swimming pools,
recreational boat launches, and similar uses to the foregoing, together
with necessary and accessory buildings and structures, but not
including indoor commercial recreation or outdoor commercial
recreation or a track for the racing of animals, or any form of
motorized vehicles.
Public 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.
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Q
R
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 greater clarity, this use does
not include a salvage yard.
Religious Institutions means the use of land, a building, or part
thereof for 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.
Residential Care Facility means the use of a building or part thereof
as a family home, group care facility, or similar facility for the non-
medical care of more than six persons in need of personal services,
supervision, or assistance essential for sustaining the activities of daily
living or for the protection of the individual, but does not include a
facility licensed by Corrections Canada or Nova Scotia Corrections or
successor bodies.
Restaurant means the use of land, a building, or part thereof where
food and/or drink intended for immediate consumption is prepared and
served to the public.
Restaurant, Eat-in means a restaurant or part thereof where
food and/or drink may be consumed within the building or
on an attached, formalized outdoor space.
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Restaurant, Take-out means a restaurant or part thereof
that does not provide facilities for consumption of food or
drink on the premises, or only provides informal, outdoor
eating facilities such as picnic tables.
Retail Store means the use of a building or part thereof in which
goods, wares, merchandise, substances, articles, or things are offered
or kept for sale directly to the public at retail, but this definition does
not include automobile sales, boat and marine sales, or heavy
equipment sales and rentals.
Rooming House means a dwelling in which the proprietor lives on-
premises and supplies room for monetary gain to no more than six
roomers for rental periods of 30 days or more.
S
School, Academic means the use of a building or part thereof as an
educational establishment, whether public or private, intended for the
academic instruction of students up to the completion of Grade 12,
and may include elementary schools, junior high schools, high
schools, and consolidated schools, but does not include daycares as
the main use.
School, Commercial means the use of a building or part thereof as
an educational establishment, whether public or private, intended for
instruction in extracurricular activities and/or vocational skills and shall
include, but is not limited to, dance schools, music schools, sports
schools, driving schools, culinary institutes, hair schools, computer
schools, and other similar schools, but does not include post-
secondary schools.
84
School, Post-secondary means the use of a building or part thereof
as a degree- or diploma-granting public educational establishment
intended for the academic instruction of students after the completion
of Grade 12.
Scrap Yard means the use of land for keeping or storing used bodies
or parts of automobiles or any other type of used equipment,
vehicles, machinery, or materials of any kind, regardless of whether
such use occupies all or a part of the lot or lots upon which it is
located, or whether it is a use operated for commercial or other
purposes, or whether the use is subject to salvage yard licensing
requirements of the Province of Nova Scotia.
Self-storage Facility means the use of a building, collection of
buildings, or part thereof for individual, small, self-contained units that
are leased or owned for the storage of business or household goods
or contractor supplies.
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.
Setback, Flankage means the horizontal distance measured
from the flankage lot line and the nearest main wall of any
building or structure on the lot.
Setback, Front means the horizontal distance extending the
full lot width, between the front lot line and the nearest
main wall of any building or structure on the lot. On a flag
lot the front setback shall be measured to the lot line of the
main body of the lot that is closest to parallel with the
street or public road.
Setback, Rear means the horizontal distance extending
across the full lot width, between the rear lot line and the
nearest wall of any main building or structure on the lot.
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Setback, Side means the horizontal distance between the
front setback and rear setback, and between the side lot
line and the nearest wall of any main structure on the lot.
Shipping Container means an article of transportation equipment,
including one that is carried on a chassis, that is strong enough to be
suitable for repeated use and is designed to facilitate the
transportation of goods by one or more means of transportation and
includes, but is not limited to, intermodal freight containers (sea
containers) and the body of transport trailers or straight truck boxes,
but does not include a motor vehicle.
Short-term Rental means the use of a dwelling unit or part thereof
for commercial overnight accommodations for consecutive periods of
30 days or less per party and may include the rental of the entire
dwelling unit to one party or to multiple parties.
86
Sign means any structure or device used to advertise or draw
attention to any product, place, person, business, institution,
organization, or event, including any directional or way finding purpose
and that is intended to be seen from off the premises or from a
parking lot. For greater clarity, signs not located such that they are
visible from off the premises or from a parking lot are not considered
signs for the purpose of this By-law and are not subject to the
signage requirements of this By-law.
Changeable Copy Sign means a sign on which half or
more of the information intended to be conveyed may be
changed by changing individual pre-fabricated letters or
words.
Ground Sign means a sign permanently affixed in or to the
ground.
Portable Sign means a ground sign that is not permanently
affixed, and includes signs such as sandwich board signs.
Projecting Sign means a sign projecting outward from a
wall, supported by a bracket or other structure attached to
the wall. A sign mounted on or that forms part of a canopy
or awning is a projecting sign.
Roof Sign means a sign affixed to or supported by the roof
of any structure.
Wall Sign means a sign attached directly to or painted on a
window or wall, and includes flags and banners and signs
indicating whether the premises are open for business.
Community Bulletin Board means a sign where all or part
of the sign is intended for the posting of notices by the
general public.
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Changeable
Copy Sign
Wall Sign
Roof Sign
Projecting
Sign
Portable Sign
Ground Sign
Community Bulletin
Board
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Sign Area means the area of the smallest triangle, rectangle, circle or
semicircle that can wholly enclose the surface area of the sign. Only
one side of a multi-faced sign shall be used to determine sign area.
The sign area of individual letters or figures that are attached or
painted on a surface shall be the area of the smallest triangle,
rectangle, circle or semicircle that can wholly enclose all of the letters,
numbers or insignia.
Small Options Home means the use of a building or part thereof for
a family home, group care facility, or similar facility for the non-
medical care for not more than six persons in need of personal
services, supervision, or assistance essential for sustaining the
activities of daily living or for the protection of the individual, but does
not include a facility licensed by Corrections Canada or Nova Scotia
Corrections or successor bodies.
Solar Collector System means a structure or array of structures, and
ancillary equipment, designed to collect solar radiation and convert it
to useable forms of energy. Without restricting the generality of this
definition, solar collector system may include evacuated tubes, flat
plate collectors, concentrating mirrors, and building-integrated
photovoltaic materials but does not include windows or greenhouses.
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Solar Collector System, Accessory means a solar collector
system designed and sized with a primary purpose to offset
or meet the energy needs of other uses on the site. While
such systems may generate, on an annual basis, a small
monetary profit through programs such as net metering,
such profits shall be secondary and incidental to the
purpose of offsetting on-site energy needs,
Solar Collector System, Large-scale means a solar collector
system designed and sized with a primary purpose to
provide electricity or other forms of energy to the grid or
other off-site uses.
Stepback means the horizontal distance measured between the top of
the streetwall and the main face of building floors above the
streetwall.
Streetwall means the wall of a building facing a streetline that is
below the height of a specified stepback, which does not include
minor recesses for elements such as doorways or protrusions for
elements such as bay windows.
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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 shall exclude
fences less than 1.8 metres in height.
Structured Parking means a structure in which vehicle parking is
accommodated on multiple stories; a vehicle parking area that is
underneath all or part of any story of a structure; or a
vehicle parking area that is not underneath a structure, is entirely
covered, and has a parking surface at least 2.4 metres below grade.
T
Town means, where the context dictates, either the Body Corporate of
the Town of Lunenburg, or the geographical area incorporated as the
Town of Lunenburg.
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Transportation and Logistics means the use of a building, structure,
land, or part thereof used for the purpose of transporting any kind of
item or thing by truck or other vehicle, including, but not limited to,
loading facilities, storage, and maintenance facilities, but does not
include the transport of people.
U
Urban Agriculture means the use of land and accessory buildings for
agricultural activities on a hobbyist or very small commercial scale
and shall include community gardens, small-scale bee keeping, and
small-scale keeping of chickens and/or rabbits, but shall not include
the keeping of any other livestock, the keeping of which is covered
by the definition of agricultural uses.
V
Variance means a relaxation or reduction of the Land Use By-law
requirements for a specific site, as stipulated in Section 235-237 of
the Municipal Government Act.
W
Warehousing means the use of a building or part thereof for the
storage of commercial or industrial wares or goods, excluding retail
stores and self-storage facilities.
Water Access means the use of land or structures to provide
watercraft access to marine or fresh water bodies and shall include,
but is not limited to, wharves, docks, slipways, ramps, quays, and
marine railroads.
Watercourse means the bed and shore of a lake, river, stream, pond,
ocean or other natural body of water, and the water therein.
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Wind Turbine means a machine and supporting structure designed to
convert wind energy into mechanical or electrical energy.
Workshop means the use of a building or part thereof for the creation
of products assembled or made by hand or by small custom
production processes including (but not limited to) potters, pewterers,
goldsmiths, silversmiths, jewellers, toymakers, leather workers,
upholsterers, woodworkers, furniture makers, musical instrument
makers, clothing designers, clothesmakers, shoemakers, antique
refinishers, glass workers, stained glass workers and sailmakers. This
definition shall also include "maker spaces".
X
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Y
Yard, Flankage means the area of land extending from the front yard
to the rear yard and between the flankage lot line and the nearest
main wall of any main building on the lot.
Yard, Front means the area extending across the full width of a lot
between the front lot line and the nearest main wall of any main
building on the lot.
Yard, Rear means the area extending across the full width of a lot
between the rear lot line and the nearest main wall of any main
building on the lot.
Yard, Side means the area of land extending from the front yard to
the nearest main wall of any main building on the lot.
Z
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Schedules
Schedule 'A' - Existing Uses
Schedule 'B' - Lot Zoning Map
Schedule 'C' - Use Zoning Map
Schedule 'D' - Form Zoning Map
Schedule 'E' - Flood Risk Area Map
Schedule 'F' - Heritage Conservation District and Architectural Control Area Map
Schedule 'G' - Vending
95
Schedule 'A' - Existing Uses
96
Civic Address
Existing Use
11 York Street
Commercial storage
162 Townsend Street
Residential storage
166 Townsend Street
Residential storage
18 Lower Street
Use of 450 square feet of the property for outdoor sales and display
Use of 528 square feet of the basement level floor of the dwelling for the
creation, painting and retail sale of wooden toys
Use of two signs, each a maximum of 5 square feet in area
186 Fox Street
Dwelling (4 units)
195 Green Street
Retail florist
200 Montage Street
Dwelling (1 unit)
205 Pelham Street
Law office, retail store
220 Montague Street
Accommodations (3 sleeping units)
23 James Road
Dwelling (14 units)
268 Montage Street
Dwelling (1 unit)
272 Montage Street
Dwelling (3 units)
30-36 Broad Street
Dwelling (8 units)
34 Linden Avenue
Use of 100 square feet of the property for outdoor sales and display
Use of 518 square feet of the ground floor of the dwelling for the retail sale of
quilts, quilt-related craft and art goods, and handmade hooked rugs
Use of three signs: one 25 square foot quilt hung on the dwelling; one 13.6
square foot ground sign; and one 3.5 square foot flat fixed wall sign
41 James Road
Dwelling (14 units)
49 Tannery Road
Dwelling (1 unit)
57 Tannery Road
Dwelling (1 unit)
58 Hall Street
Emergency Services - EHS ambulance station
60 Dufferin Street
Part-time upholstery business in accessory building
61 Tannery Road
Dwelling (1 unit)
62 Duke Street
Dwelling (4 units)
97
74 York Street
Dwelling (6 units)
78 Lawrence Street
Retail shoe store
98
Schedule 'B' - Lot Zoning Map
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Lot Zoning Map
SCHEDULE
LAST UPDATED
B
2021/07/27
NORTH
SCALE
v
1:10,000
LEGEND
LZ1
Lot Zone 1
LZ2
Lot Zone 2
LZ3
Lot Zone 3
LZ4
Lot Zone 4
99
Schedule 'C' - Use Zoning Map
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MAP
Use Zoning Map
SCHEDULE
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NORTH
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LEGEND RL
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RH
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MM
RUR
INS
PR
LAST UPDATED
SCALE
1:10,000
Lower D5nsity
Residential
Medium Density
Residential
Higher D6nsity
Residential
Commercial
Mixed Use
I Commercial
Genera
Waterfront
Industrial
Marine Industrial
Rural
Institutional
d Recreation
Parks an
2025-11-12
100
Schedule 'D' - Form Zoning Map
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SCHEDULE
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NORTH
LEGEND
OT1
OT2
ONT1
ONT2
NT1
MST
MA
CTY
IN
RF
s
LAST UPDATED
2021/07/27
SCALE
1:10,000
Old Town 1
Old Town 2
Old Town/
New Town 1
Old Town/
New Town 2
New Town 1
Main Street
Marine
Community
Industry
Rural
Shoreline
101
Schedule 'E' - Flood Risk Area Map
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SCHEDULE
LAST UPDATED
E
2021.07.27
NORTH
SCALE
1:10,000
LEGEND
Flood Risk Area
····.
Town of Lunenburg
102
Schedule 'F' - Heritage Conservation District and
Architectural Control Area Map
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SCHEDULE
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NORTH
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HCD
LAST UPDATED
2021.07.27
SCALE
1:10,000
Heritage
Conservation District
.---·
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:
ACA
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Architectural
Control Area
Town of Lunenburg
103
Schedule 'G' - Vending
The provisions of this Schedule shall apply to vending activities in the
Town, subject to the Vending By-law.
Outdoor Vending
Outdoor vending activities are prohibited in all use zones except those
in which they are specifically permitted.
Yard Sales
Yard sales are permitted in any use zone provided that:
i.
articles for sale may include only the tangible personal
property of the residents conducting the sale and may not
include goods acquired for resale;
ii.
only two yard sales may take place on any property during
each calendar year; and
iii.
yard sales may be conducted only on Saturdays from 8 am
to 10 pm and on Sundays from 12 noon to 10 pm.
No development permit is required for yard sales permitted under
clause (a).
Transient Vending
Transient vending is permitted in any use zone and does not require
a development permit, but is subject to the Town of Lunenburg
Vending By-law.
104
Vending at Group Fund Raising Events by Community or Religious Not-for-Profit
Groups
No development permit is required for vending activities associated
with fund raising by community or religious not-for-profit groups from
the Town of Lunenburg.
Outdoor Sales of Prepared Food
Outdoor sales of prepared food shall be prohibited except for:
those uses specifically authorized by this by-law;
outdoor food sales in a restaurant;
outdoor food sales by Transient Vendors authorized under the
Town of Lunenburg Vending By-law;
outdoor food sales in the General Commercial Use Zone or
Commercial Mixed Use Zone; and
outdoor food sales at Craft Markets and Farmers' Markets.
Walking Tours
Walking Tours shall be permitted in all zones and shall not require a
development permit but shall be subject to the Town of Lunenburg
Vending By-law.
Flea Markets
Flea markets organized and operated by community or religious
not-for-profit groups from the Town of Lunenburg for the
purposes of fund raising are permitted in any use zone other
than the Lower Density Residential Use Zone, Medium Density
Residential Use Zone, or Higher Density Residential Use Zone.
Flea markets not otherwise permitted by Clause (a) are
prohibited in all use zones.
105
A development permit is not required any flea market permitted
by Clause (a)
Mobile Canteens
Mobile canteens are permitted in the following use zones and do not
require a development permit but are subject to the Vending By-law:
Commercial Mixed Use Zone