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Town of Mahone Bay
Land Use Bylaw
2024
Credits
This Bylaw was initially prepared by
UPLAND Planning and Design and the
Town of Mahone Bay.
First Reading: 2024.01.12
Second Reading: 2024.01.31
Effective date: 2024.03.20
With amendments to: 2025.10.21
PLAN
MAHONE BAY
Town of Mahone Bay
Land Use Bylaw 2024
Prepared for the Town of Mahone Bay
Prepared by UPLAND Planning and Design
Contents
1.
Title and Purpose ...................................................................................................................................... 1
1.1.
Title ........................................................................................................................................................... 1
1.2.
Purpose..................................................................................................................................................... 1
2.
Zones ........................................................................................................................................................ 2
2.1.
Zones ........................................................................................................................................................ 2
2.2.
Reference to Zone .................................................................................................................................... 2
2.3.
Zoning Maps ............................................................................................................................................. 2
2.4.
Zones Not on the Maps ............................................................................................................................ 2
2.5.
Interpretation of Zone Boundaries ........................................................................................................... 3
3.
Interpretation ........................................................................................................................................... 4
3.1.
Certain Words........................................................................................................................................... 4
3.2.
Conflict ..................................................................................................................................................... 4
3.3.
Definitions ................................................................................................................................................ 4
3.4.
Units of Measurement ............................................................................................................................. 5
3.5.
Severability ............................................................................................................................................... 5
4.
Administration of this Bylaw .................................................................................................................... 6
4.1.
Administration of Bylaw ........................................................................................................................... 6
4.2.
Right of Entry ............................................................................................................................................ 6
4.3.
Enforcement and Penalty ......................................................................................................................... 6
4.4.
Compliance with Other Legislation .......................................................................................................... 6
4.5.
Restoration to a Safe Condition ............................................................................................................... 6
4.6.
Effective Date ........................................................................................................................................... 7
4.7.
Existing Structures and Uses .................................................................................................................... 7
4.8.
Repeal of Bylaw ........................................................................................................................................ 7
4.9.
Development Permit ................................................................................................................................ 8
4.10.
Application Requirements ........................................................................................................................ 9
4.11.
Variances ................................................................................................................................................ 11
4.12.
Site Plan Approval .................................................................................................................................. 12
5.
General Provisions .................................................................................................................................. 13
5.1.
Scope of General Provisions ................................................................................................................... 13
5.2.
Accessory Buildings and Structures ........................................................................................................ 13
5.3.
Accessory Dwellings ............................................................................................................................... 14
5.4.
Accessory Uses ....................................................................................................................................... 14
5.5.
Adaptive Reuse of Former Institutional Buildings .................................................................................. 15
5.6.
Architectural Control .............................................................................................................................. 15
5.7.
Automobile Body Shops and Automobile Repair Shops ......................................................................... 17
5.8.
Automobile Service Stations .................................................................................................................. 18
5.9.
Buildings or Structure to be Moved ....................................................................................................... 18
5.10.
Campgrounds ......................................................................................................................................... 18
5.11.
Cemeteries ............................................................................................................................................. 18
5.12.
Coastal Elevation .................................................................................................................................... 19
5.13.
Conformity with Existing Setbacks ......................................................................................................... 19
5.14.
Commercial Livestock ............................................................................................................................. 19
5.15.
Connection to Central Services .............................................................................................................. 20
5.16.
Conservation Uses .................................................................................................................................. 20
5.17.
Construction Accessories ....................................................................................................................... 20
5.18.
Converted Dwellings............................................................................................................................... 20
5.19.
Drive-through Uses ................................................................................................................................. 20
5.20.
Electrical Vehicle Charging ..................................................................................................................... 21
5.21.
Existing Lots Lacking Minimum Area ...................................................................................................... 21
5.22.
Fences ..................................................................................................................................................... 22
5.23.
Flag Lots .................................................................................................................................................. 22
5.24.
Fronting on a Public Street ..................................................................................................................... 23
5.25.
Habitation of Vehicles ............................................................................................................................ 23
5.26.
Heavy Industrial Uses ............................................................................................................................. 23
5.27.
Height Requirements.............................................................................................................................. 24
5.28.
Heritage Incentives ................................................................................................................................. 24
5.29.
Home Offices and Studios ...................................................................................................................... 25
5.30.
Instruction of One or Two Students at a Time ....................................................................................... 25
5.31.
Home-based Businesses ......................................................................................................................... 25
5.32.
Illumination ............................................................................................................................................ 26
5.33.
Landscaping and Stormwater Management .......................................................................................... 27
5.34.
Multiple Main Buildings.......................................................................................................................... 27
5.35.
Multiple Uses .......................................................................................................................................... 27
5.36.
Non-conforming Uses ............................................................................................................................. 27
5.37.
Non-conforming Structures .................................................................................................................... 28
5.38.
Parking and Loading ............................................................................................................................... 28
5.39.
Parks and Playgrounds ........................................................................................................................... 28
5.40.
Permitted Encroachments in Minimum Setbacks .................................................................................. 29
5.41.
Personal Storage Buildings ..................................................................................................................... 29
5.42.
Public Utilities ......................................................................................................................................... 30
5.43.
Salvage Yards .......................................................................................................................................... 30
5.44.
Shipping Containers ................................................................................................................................ 30
5.45.
Short-term Rentals ................................................................................................................................. 31
5.46.
Side Yard Requirements - Exceptions .................................................................................................... 31
5.47.
Signs and Advertising ............................................................................................................................. 31
5.48.
Special Uses Permitted ........................................................................................................................... 31
5.49.
Solar Collector Systems - Accessory ...................................................................................................... 32
5.50.
Tree Identification and Replacement ..................................................................................................... 32
5.51.
Urban Agriculture Uses .......................................................................................................................... 33
5.52.
Visibility of Intersections ........................................................................................................................ 34
5.53.
Watercourse Buffer ................................................................................................................................ 34
5.54.
Watercourse Buffer Reduction ............................................................................................................... 35
5.55.
Wind Turbines ........................................................................................................................................ 35
5.56.
Wharves, Piers, and Other Coastal Access Uses ..................................................................................... 36
5.57.
Wood-burning Furnaces and Waterstoves - Outdoor ............................................................................ 36
6.
Parking .................................................................................................................................................... 37
6.1.
Exemption from Parking Requirements ................................................................................................. 37
6.2.
Minimum Number of Parking Spaces Requirements ............................................................................. 37
6.3.
Parking and Loading Exemption in the Commercial Core ...................................................................... 39
6.4.
Parking Location ..................................................................................................................................... 39
6.5.
Automobile Parking Area Standards ...................................................................................................... 40
6.6.
Loading Spaces ....................................................................................................................................... 41
6.7.
Commercial Vehicles in Residential Zones ............................................................................................. 42
6.8.
Minimum Number of Bicycle Parking Spaces ......................................................................................... 42
6.9.
Bicycle Parking Instead of Automobile Parking Spaces .......................................................................... 43
6.10.
Bicycle Parking Space Standards ............................................................................................................ 43
7.
Signs........................................................................................................................................................ 44
7.1.
Signage Provisions for All Zones ............................................................................................................. 44
7.2.
Signs Prohibited in All Zones .................................................................................................................. 45
7.3.
Signs Permitted in All Zones ................................................................................................................... 46
7.4.
Illumination ............................................................................................................................................ 47
7.5.
Non-commercial Signs ............................................................................................................................ 47
7.6.
Ground Signs .......................................................................................................................................... 47
7.7.
Electronic Message Board and Changeable Copy Signs ......................................................................... 47
7.8.
Projecting Wall Signs .............................................................................................................................. 48
7.9.
Wall Signs ............................................................................................................................................... 49
7.10.
Window Signs ......................................................................................................................................... 49
7.11.
Sandwich Board Signs ............................................................................................................................. 49
7.12.
Off-Premise Signs ................................................................................................................................... 49
7.13.
Signs in Residential Zones ...................................................................................................................... 49
7.14.
Abutting Zone Requirements for Signs ................................................................................................... 49
8.
Residential Zones.................................................................................................................................... 51
8.1.
Special Requirements for Residential Zones .......................................................................................... 51
8.2.
Permitted Uses in the Residential Zones ................................................................................................ 52
8.3.
Residential Core Zone Development Standards ..................................................................................... 55
8.4.
Residential General Zone Development Standards ................................................................................ 56
8.5.
Residential Multi-unit Zone Development Standards ............................................................................ 57
9.
Commercial Zones .................................................................................................................................. 58
9.1.
Special Requirements for Commercial Zones ......................................................................................... 58
9.2.
Permitted Uses in the Commercial Zones .............................................................................................. 60
9.3.
Commercial Core Zone Development Standards ................................................................................... 65
9.4.
Commercial General Zone Development Standards .............................................................................. 66
10.
Industrial Zones ...................................................................................................................................... 67
10.1.
Special Requirements for Industrial Zones ............................................................................................. 67
10.2.
Permitted Uses in the Industrial Zone .................................................................................................... 68
10.3.
Industrial General Zone Development Standards .................................................................................. 71
11.
Unserviced Zones ................................................................................................................................... 72
11.1.
Special Requirements for Unserviced Zones .......................................................................................... 72
11.2.
Permitted Uses in the Unserviced Zones................................................................................................ 73
11.3.
Residential Unserviced Zone Development Standards .......................................................................... 75
12.
Open Shoreline Zone .............................................................................................................................. 76
12.1.
Special Requirements for Open Shoreline Zone ..................................................................................... 76
12.2.
Permitted Uses in the Open Shoreline Zone .......................................................................................... 76
12.3.
Open Shoreline Zone Development Standards ...................................................................................... 77
13.
Parks and Open Space Zone ................................................................................................................... 78
13.1.
Special Requirements for Parks and Open Space Zone .......................................................................... 78
13.2.
Permitted Uses in the Parks and Open Space Zone ............................................................................... 78
13.3.
Parks and Open Space Zone Development Standards ........................................................................... 79
14.
Institutional Zone ................................................................................................................................... 80
14.1.
Special Requirements for Institutional Zone .......................................................................................... 80
14.2.
Permitted Uses in the Institutional Zone................................................................................................ 80
14.3.
Institutional Zone Development Standards............................................................................................ 83
15.
Conservation Zone.................................................................................................................................. 84
15.1.
Conservation Zone.................................................................................................................................. 84
16.
Site Plan Approval .................................................................................................................................. 85
16.1.
Commercial, Industrial, and Institutional Site Plan Criteria ................................................................... 85
16.2.
Residential Site Plan Criteria .................................................................................................................. 89
16.3.
Parking Lots ............................................................................................................................................ 92
17.
Definitions .............................................................................................................................................. 94
18.
Schedules and Appendices ................................................................................................................... 121
Appendix 'A' - Areas of Increased Parking Requirements ................................................................................. 122
How to use this Land Use Bylaw
The Land Use Bylaw is a legal document that is adopted by Town Council for the
purpose of managing growth in the Town. The Land Use Bylaw divides the Town into
Zones, each of which has an associated set of rules and regulations.
If you wish to conduct development in Mahone Bay, please follow this generalized
process:
1. Determine the property's land use zone
The Town of Mahone Bay is divided into land use zones, and each property has a
designated zone or zones. Land use zones control development in an area to ensure
future development is in keeping with the general area and to reduce potential
conflicts with neighbouring uses. Refer to Schedule 'A', the Zoning Maps, to determine
the use zone or zones applicable to your property.
Structures or uses that do not comply with this Bylaw, but legally existed on the day
the Bylaw became effective, may continue their operation as a non-conforming
structure or use. If a structure or use becomes non-conforming, there are provincial
and municipal regulations that should be considered to ensure it can continue to
operate. However, if a non-conforming use ceases to operate for one year, it will be
subject to the new planning rules.
2. Find out if you need a development permit
By default, development in the town requires a "development permit". However, some
uses or developments do not require a permit, as outlined in the applicable use
sections of this Bylaw. If a development permit is not required, please be aware all
regulation do still apply. You can find out more by contacting the Town.
3. Review the Rules for the land use zone
The Land Use Bylaw considers development either as a Permitted use, permitted
through Site Plan Approval, or permitted through a Development Agreement.
Permitted uses are those that are allowed if they meet all the requirements of the
Land Use Bylaw. Site Plan Approval is a process through which an applicant must
meet additional standards established within the Land Use Bylaw. Finally,
Development Agreements are written legal agreements between Council and a
property owner, allowing Council to have a finer-grained level of management over the
proposed development, and to implement specific measures to mitigate potential
impacts.
4. Review the general regulations and regulations for specific uses
In addition to the regulations for specific land use zones, there are regulations that
apply to all development, such as Overlays, and regulations that apply only to specific
uses.
Many uses and types of structures are defined within the Land Use Bylaw. Review the
definitions to ensure any proposed development coincides with the definition.
Town of Mahone Bay Land Use Bylaw
1
1. Title and Purpose
1.1.
Title
1.1.1. This Bylaw may be cited as the "Town of Mahone Bay Land Use Bylaw."
1.1.2. This Bylaw shall apply to all the lands within the Town.
1.2.
Purpose
1.2.1. The purpose of this Bylaw is to carry out the intent of the Municipal Planning
Strategy in order to facilitate sustainable, efficient, and systematic
development and use of land within the Town, and for that purpose the Bylaw,
among other things:
1.2.2. This Bylaw shall be applied in a manner consistent with the Town's Municipal
Planning Strategy and the Municipal Government Act ("Act"), as amended from
time to time.
Town of Mahone Bay Land Use Bylaw
2
2. Zones
2.1.
Zones
2.1.1. For the purpose of this Bylaw, the Town is divided into the following zones, the
boundaries of which are show on the attached Schedule 'A'. Such zones may
be referred to by the appropriate symbols:
Table 2-1. Zone Names and Symbols.
Zone Name
Zone Symbol
Commercial Core
CC
Commercial General
CG
Conservation
C
Industrial General
IG
Institutional
I
Open Shoreline
OS
Parks and Open Space
PO
Residential Core
RC
Residential General
RG
Residential Multi-Unit
RM
Residential Unserviced
RU
2.2.
Reference to Zone
2.2.1. The reference to a zone is deemed to include reference to the permitted uses,
special requirements, and regulations of that particular zone.
2.3.
Zoning Maps
2.3.1. Schedule 'A' attached hereto may be cited as the "Zoning Map".
2.3.2. The Zoning Map shall form part of this Bylaw.
2.4.
Zones Not on the Maps
2.4.1. The Zoning Maps of this Bylaw may be amended, in conformance with the
Municipal Planning Strategy, to utilize any zone in this Bylaw, regardless of
whether or not such zone had previously appeared on the Zoning Maps.
Town of Mahone Bay Land Use Bylaw
3
2.5.
Interpretation of Zone Boundaries
2.5.1. Boundaries between zones shall be determined as follows:
Town of Mahone Bay Land Use Bylaw
4
3. Interpretation
3.1.
Certain Words
3.1.1. In this Bylaw:
3.1.2. Words not otherwise defined in this Bylaw shall have the meaning assigned to
them in the Act.
3.2.
Conflict
3.2.1. In the case of any conflict between the text of this Bylaw and any maps or
drawings used to illustrate any aspect of this Bylaw, the text shall take priority.
3.2.2. Colour coding throughout this Bylaw and the maps within is for ease of
reference only and the text of the Bylaw shall take priority.
3.2.3. In case of any conflict between a number written in numerals and a number
written in letters, the number written in numerals shall take priority.
3.2.4. In case of conflict between a written zone name and a zone symbol, the
written zone name shall take priority.
3.3.
Definitions
3.3.1. For the purpose of this Bylaw, words shall have their meaning or meanings
assigned to them in the Part of this Land Use Bylaw titled, "Definitions." Where
a word is not defined in "Definitions", the word shall have the meaning or
meanings assigned by accepted English dictionaries.
Town of Mahone Bay Land Use Bylaw
5
3.4.
Units of Measurement
3.4.1. This Land Use Bylaw uses the metric system of measurement. Numerical
measurements in this Bylaw may also be presented in other units; however,
this is for convenience only. If a metric measurement conflicts with its
conversion in another unit, the metric measurement shall take priority.
3.4.2. Any application made under this Bylaw shall include measurements using the
metric system.
3.5.
Severability
If any provision of this Bylaw 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 Bylaw.
Town of Mahone Bay Land Use Bylaw
6
4. Administration of this Bylaw
4.1.
Administration of Bylaw
4.1.1. Council shall appoint one (1) or more Development Officer(s) for the Town.
4.1.2. The Development Officer shall be responsible for the administration of this
Bylaw.
4.2.
Right of Entry
4.2.1. Subject to Section 267 of the Municipal Government Act, the Development
Officer or authorized agent of the Development Officer is authorized to enter, at
all reasonable times, into or upon any property within the Municipality for the
purpose of any inspections necessary to administer this By-law.
4.2.2. Consistent with Section 267 of the Municipal Government Act, the
Development Officer or authorized agent of the Development Officer shall not
enter any place actually being used as a dwelling without the consent of the
occupier unless the entry is made in daylight hours and written notice of the
time of the entry has been given to the occupier at least twenty-four hours in
advance of the entry.
4.3.
Enforcement and Penalty
4.3.1. In the event of any contravention of the provisions of this Bylaw, the Town
may act as provided in the Municipal Government Act.
4.4.
Compliance with Other Legislation
4.4.1. Nothing in this Bylaw shall exempt any person from complying with the
requirements of any other bylaw in force within the Town, or from obtaining
any license, permission, permit, authority, or approval required by any other
bylaw of the Town or statute or regulation of the Province of Nova Scotia or
the Government of Canada.
4.4.2. Where provisions in this Bylaw conflict with those of any other bylaw of the
Town or regulation of the Province of Nova Scotia or the Government of
Canada, the higher or more stringent provision shall prevail.
4.5.
Restoration to a Safe Condition
4.5.1. Nothing in this Bylaw shall prevent the restoration of any building or structure
to a safe condition, as determined by the Building Official.
Town of Mahone Bay Land Use Bylaw
7
4.6.
Effective Date
4.6.1. This Bylaw shall come into force and take effect upon the date a notice is
published in a newspaper, circulating in the Town, informing the public that
the Bylaw is in effect.
4.7.
Existing Structures and Uses
4.7.1. A structure or use of land shall be deemed to be existing on the effective date
of this Bylaw if:
4.7.2. For the purposes determining existence under 4.7.1(d), development permits
for structures or uses subject to an appeal of a variance or site plan approval
shall be considered in effect as of the date the Development Officer initially
granted the variance or site plan approval provided the appeal decision
upholds the Development Officer's decision to grant the necessary variance or
site plan approval.
4.8.
Repeal of Bylaw
4.8.1. As of the effective date of this Land Use Bylaw, the Land Use Bylaw for the
Town of Mahone Bay, passed and adopted June 10, 2008, as amended, is
repealed.
Town of Mahone Bay Land Use Bylaw
8
4.9.
Development Permit
4.9.1. Unless otherwise stated in this Bylaw, no person shall undertake a
development within the Town without first obtaining a development permit
from the Development Officer.
4.9.2. The Development Officer shall only issue a development permit in
conformance with this Bylaw and any development agreement or site plan
agreement in effect on the site, except where a variance is granted or in the
case of an existing non-conforming use or structure, in which case a
development permit shall be issued in conformance with the Act.
4.9.3. A development permit shall be effective for a period of 18 months and shall
expire within 18 months from the date issued if the development has not
commenced, and the Development Officer shall, at the applicant's request,
renew a development permit for 18 months if:
4.9.4. Notwithstanding Subsection 4.9.3, a development permit may be issued for a
temporary period and may be renewed for a temporary period on a one-time-
only basis to a maximum of six (6) months provided the Development Officer
is satisfied that the development permit is consistent with the current Land
Use Bylaw and any proposed amendments to the Land Use Bylaw for which
Council has advertised their intent to adopt.
4.9.5. The Development Officer may revoke a development permit issued under this
Bylaw where:
4.9.6. The Development Officer shall notify the applicant in writing of any refusal of a
development permit.
4.9.7. Any decision of the Development Officer to revoke a development permit shall be
given by written notice served by any method in which proof of delivery is provided
and the revocation shall become effective upon the delivery of such notice.
Town of Mahone Bay Land Use Bylaw
9
4.10. Application Requirements
4.10.1. Every application for a development permit shall be made in writing on an
approved form and shall include:
Plot Plan Requirements
4.10.2. Plot plans prepared for a development permit application shall be drawn to an
appropriate scale and showing information as required by the Development
Officer, such as, but not limited to:
Town of Mahone Bay Land Use Bylaw
10
Additional Plan Information
4.10.3. Where the Development Officer is unable to determine whether the proposed
development conforms to this Bylaw, they may require that the plot plan
submitted under Subsection 4.10.2 shows:
Confirmation of Vertical Setbacks
4.10.4. Applications for development within the Coastal Flood Risk Area, as shown on
Schedule 'D', Coastal Flood Risk Map, shall be accompanied by a letter or plan
stamped by a Nova Scotia Land Surveyor confirming the development
complies with the standards established in Section 5.12 of this Bylaw.
Additional Plans or Studies
4.10.5. Where necessary to determine conformance with this Land Use Bylaw, the
Development Officer may require the applicant to provide additional
information at the necessary level of detail and, if necessary, prepared by an
appropriately qualified professional. Such additional information may include,
but is not limited to:
Town of Mahone Bay Land Use Bylaw
11
4.11.
Variances
4.11.1. Notwithstanding anything in this Bylaw, the Development Officer may grant a
variance subject to the Municipal Government Act. Specifically, the
Development Offer may vary:
4.11.2. In accordance with the requirements of the Municipal Government Act, the
Development Officer shall not grant a variance if the:
4.11.3. The Development Officer shall not grant a variance that exceeds:
4.11.4. Where the Development Officer has granted a variance of the requirements of
this Bylaw, notification of the variance shall be served upon all assessed
property owners within 30 metres of the property subject to the variance.
4.11.5. Notification of a variance shall:
4.11.6. Variance requests shall be made in writing on an approved form.
Town of Mahone Bay Land Use Bylaw
12
4.12. Site Plan Approval
4.12.1. Some zones in this Land Use Bylaw permit certain uses only by site plan
approval. Unless specifically addressed in a different manner by the applicable
criteria of Part 16, all other applicable criteria of this Land Use Bylaw shall still
apply to any development proposed and undertaken through site plan
approval.
4.12.2. For greater clarity, the provisions of Part 16 shall only apply to uses permitted
by site plan approval.
Application Requirements
4.12.3. In addition to the requirements of Section 4.10, Application Requirements,
applications for site plan approval shall meet the following requirements:
Site Plan Approval Review
4.12.4. The Development Officer shall review applications for new uses permitted by
site plan approval, and amendments to existing site plan approvals, against all
applicable criteria of this Land Use Bylaw and the applicable criteria in Part 16
of this Bylaw.
Notification
4.12.5. Where the Development Officer has granted a site plan approval, notification
of the approval shall be served upon all assessed property owners within 30
metres of the property subject to the site plan approval. Notification of a site
plan approval shall:
Appeal of Site Plan Approval
4.12.6. Appeals of the Development Officer's decision regarding a site plan approval
request shall be made to Council, as provided for by the Municipal Government
Act.
Town of Mahone Bay Land Use Bylaw
13
5. General Provisions
5.1.
Scope of General Provisions
5.1.1. The provisions of this Part shall, unless otherwise specified in this Bylaw,
apply to all uses and zones and shall prevail over all zone requirements except
where expressly stated otherwise.
5.2.
Accessory Buildings and Structures
5.2.1. Accessory buildings and structures shall be permitted in any zone, but shall
not:
5.2.2. Each accessory building and structure on a lot shall not have a gross floor
area greater than 70 square metres, except in the Industrial General (IG) Zone.
5.2.3. The combined lot coverage for all accessory buildings and structures on a lot,
which shall not include area dedicated to signs and/or fences, shall not
exceed 10% of the total lot area.
5.2.4. Accessory buildings and structure shall comply with any other applicable
requirements of this Bylaw.
Town of Mahone Bay Land Use Bylaw
14
5.2.5. Notwithstanding zone requirements in all zones except the Open Shoreline
(OS) Zone:
5.3.
Accessory Dwellings
5.3.1. Accessory dwellings shall meet the following requirements:
i.
the accessory dwelling shall be subject to the height requirements
for accessory buildings and all other requirements for accessory
buildings;
ii.
the accessory dwelling shall be located in the side yard or rear yard;
and
iii.
windows and other perforations shall not be located on any
elevations closer than 1.2 metres from any adjacent lot.
5.4.
Accessory Uses
5.4.1. Uses accessory to a permitted use shall be permitted in all zones and shall not
require a development permit except where an accessory structure is used for
human habitation.
Town of Mahone Bay Land Use Bylaw
15
5.5.
Adaptive Reuse of Former Institutional Buildings
5.5.1. A former institutional building may assume a use not permitted by the land
use zone in which building is located through a development agreement, in
accordance with Policy 4-91 of the Municipal Planning Strategy.
5.6.
Architectural Control
5.6.1. All development, including alterations and additions to existing structures,
within the Architectural Control Overlay, as shown on Schedule 'B', shall meet
the requirements of this Section.
5.6.2. Notwithstanding Subsection 5.6.1, the construction and alteration of
accessory structures with a building footprint of 20.0 square metres or less in
the Architectural Control Overlay shall be exempt from the requirements of
this Section, except the provisions of Subsections 5.6.10, 5.6.11, and 5.6.12
shall apply.
5.6.3. Carports shall be prohibited in front and flankage yards in the Architectural
Control Overlay.
Alterations and Additions in the Architectural Control Overlay
5.6.4. The requirements of this Section shall not apply to any alteration or addition to
restore the appearance of an existing building or structure, within the
Architectural Control Overlay, in a manner that is authentic to the period in
which it was constructed provided the proposal is accompanied by
appropriate and verified documentation, which may include, but is not limited
to, photographs, original blueprints, sketches, or written documents, detailing
the period-appropriate appearance of the building or structure.
Building Height
5.6.5. Every new main building in the Architectural Control Overlay shall have a
minimum height of 6.0 metres, except within the Open Shoreline (OS) Zone
where there shall be no minimum building height.
Building Proportions
5.6.6. Every new main building in the Architectural Control Overlay shall be
rectangular in plan for its principal component.
5.6.7. Every new main building in the Architectural Control Overlay shall not in plan
exceed a width-to-depth ratio or depth-to-width ratio of 3:1.
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Exterior Siding and Cladding
5.6.8. Exterior siding and cladding that forms part of the public façade for main
buildings shall:
5.6.9. Exterior siding and cladding that forms part of the public façade for accessory
buildings may include a combination of horizontal and vertical siding and
cladding and shall consist of wood shingles; wood siding; wood clapboard; or
wood- or cellulose-composite panels, such as MDF or fibre-cement board,
designed to mimic the appearance of traditional wood siding.
5.6.10. The following external siding and cladding materials shall not be permitted in
the Architectural Control Overlay:
5.6.11. Building mechanical and servicing equipment, including, but not limited to, air
handling units, electrical equipment, and fuel tanks, shall not form part of the
facade along the front lot line.
5.6.12. Within the Architectural Control Overlay accessory solar collector systems
shall not be located on part of a structure that forms part of the public façade,
except when integrated into roof cladding materials following the elevation
and plane of the roof.
Chimneys
5.6.13. Notwithstanding Subsection 5.6.8 and Subsection 5.6.9, stone masonry
materials, including, but not limited to, brick or other stonework, may be used
for any chimney or detailing which form part of a building.
5.6.14. Nothing in this Section shall prevent a chimney from being constructed that
complies with requirements and standards set out in the Fire Code, Building
Code, or any other applicable building code and safety legislation.
Roof Style
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5.6.15. Roofs within the Architectural Control Overlay shall not have a ratio of rise to
run shallower than 2:12 on lands within the Commercial Core Zone or
Commercial General Zone or Residential Multi-unit Zone, and not shallower
than 6:12 on lands within any other zone.
Windows
5.6.16. Windows in the Architectural Control Overlay shall be rectangular and
vertically oriented with a minimum width-to-height ratio 1:1.5 to a maximum
width-to-height ratio of 1:2.
5.6.17. Notwithstanding 5.6.16, wider, horizontal window openings may be achieved
by combining sash windows in a mullioned frame.
5.6.18. Notwithstanding 5.6.16, windows may deviate from being rectangular and
vertically-oriented in the following situations:
Architectural Control Exemptions
5.6.19. Notwithstanding Subsection 5.6.1, Council may consider by development
agreement, Indigenous developments or developments that do not meet the
specific architectural design standards established for the Architectural
Control Overlay, in accordance with Policy 4-77 or Policy 4-78 of the Municipal
Planning Strategy.
5.7.
Automobile Body Shops and Automobile Repair Shops
5.7.1. Outdoor storage for automobile body shops and automobile repair shops shall:
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5.8.
Automobile Service Stations
5.8.1. Automobile service stations shall meet the following requirements:
5.9.
Buildings or Structure to be Moved
5.9.1. No person shall move any building within or into the area regulated by this
Bylaw without first obtaining a development permit from the Development
Officer.
5.10. Campgrounds
5.10.1. Campgrounds shall be prohibited.
5.11.
Cemeteries
5.11.1. Cemetery uses existing on 2024.01.31 shall not be permitted to expand
beyond the lot boundaries as they existed on 2024.01.31.
5.11.2. The development of new cemetery uses shall not be permitted, except in
association with cemetery uses managed by the Town existing on 2024.01.31.
5.11.3. Accessory buildings and structures for a cemetery shall not exceed 6.0 metres
in height and shall meet all other requirements for accessory buildings and
structures.
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5.12. Coastal Elevation
5.12.1. No building shall be constructed in any zone with the finished floor level of any
habitable area located below a vertical elevation of 3.5 metres, relative to the
Canadian Geodetic Vertical Datum of 2013.
5.12.2. Any development within the Flood Risk Area, identified on Schedule 'D', shall:
5.12.3. Notwithstanding Subsection 5.12.1, existing buildings within the Flood Risk
Area, identified on Schedule 'D', may be reconstructed, renovated, repaired,
moved, or replaced provided that the work does not increase the floor area
within the minimum coastal elevation or reduce the building's existing
elevation and all other applicable requirements of this Bylaw are met.
5.12.4. 5.12.4 Additions to existing non-residential, institutional buildings shall be
exempt from 5.12.1.
5.13. Conformity with Existing Setbacks
5.13.1. The Development Officer may approve a front setback less than the minimum
front setback required in a zone if:
5.14. Commercial Livestock
5.14.1. Commercial livestock operations shall be prohibited.
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5.15. Connection to Central Services
5.15.1. New plumbed buildings shall be connected to public sewer systems where
such services are available. Where service availability is disputed or unclear,
the Town Engineer shall decide based on site conditions and available
capacity prior to the issuance of a development permit.
5.16. Conservation Uses
5.16.1. Conservation uses shall be permitted in all zones and shall not require a
development permit.
5.17. Construction Accessories
5.17.1. Nothing in this Bylaw shall prevent the use of land for the use or construction
of temporary buildings or structures incidental to construction, such as, but
not limited to, a mobile office, tool shed, site washrooms, or scaffold incidental
to construction.
5.17.2. Temporary structures incidental to construction shall be removed no more
than 60 days after the completion of construction and shall not require a
development permit.
5.17.3. Temporary buildings incidental to construction shall be permitted, provided a
temporary development permit has been issued by the Development Officer
for each temporary building.
5.18. Converted Dwellings
5.18.1. A variance for a converted dwelling, or a dwelling that is being converted, that
would extend the building closer to the front or flankage lot line, shall not be
permitted.
5.18.2. The gross floor area of a converted dwelling, or a dwelling that is being
converted, shall not be increased by more than 20 percent compared to the
gross floor area on 2024.01.31.
5.18.3. The minimum gross floor area of each dwelling unit in a converted dwelling
shall be 50.0 square metres and at least one dwelling unit in a converted
dwelling shall have a gross floor area of at least 60.0 square metres.
5.19. Drive-through Uses
5.19.1. Drive-through uses shall be permitted, or not, as indicated in each zone's
permitted use tables.
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5.20. Electrical Vehicle Charging
5.20.1. Nothing in this Bylaw shall prevent the installation of a non-commercial
electric vehicle charging station, including within the Architectural Control
Overlay, where the station is for the exclusive domestic use of a dwelling unit,
and shall not require a development permit.
5.20.2. Non-commercial electric vehicle charging stations that are not for the
exclusive use of a dwelling unit shall be permitted as an accessory use in all
zones and shall not require a development permit.
5.20.3. Commercial electric vehicle charging stations shall be permitted, or not, as
indicated in each zone's permitted use tables.
5.21. Existing Lots Lacking Minimum Area
5.21.1. Notwithstanding minimum lot area requirements established elsewhere in this
Bylaw, a lot which does not satisfy these minimum requirements for lot area
may be used for a purpose permitted in the zone in which the lot is located,
and a structure may be constructed on the lot, provided that all other
applicable provisions of this Bylaw are satisfied, and the lot satisfies one or
more of the following requirements:
5.21.2. Where specific area requirements are established for a use, structure, or
building in this Land Use Bylaw, Subsection 5.21.1 shall not apply.
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5.22. Fences
5.22.1. Fences shall be permitted in all zones and the maximum height of a fence
shall be no greater than 2.0 metres and a development permit shall not be
required.
5.22.2. Notwithstanding Subsection 5.22.1, fences in the Industrial General (IG) Zone
may be permitted to a maximum height of 3.0 metres and a development
permit shall not be required.
5.22.3. The use of barbed wire shall be prohibited except at the top of fences in the
Industrial General (IG) Zone.
5.22.4. On a corner lot, no fence shall be erected or permitted to a height greater than
0.6 metres above grade within the corner vision triangle.
5.23. Flag Lots
5.23.1. Where a lot is considered a flag lot, and a use, listed as a Permitted Use in the
zone in which the lot is located, is proposed, development approvals shall
proceed through the Site Plan Approval process and shall meet the
requirements of Subsection 5.23.2.
5.23.2. Where a lot is considered a flag lot, development shall be subject to the
following requirements:
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5.24. Fronting on a Public Street
5.24.1. Unless otherwise permitted by this Bylaw, the Development Officer shall only
issue a development permit if the lot intended for development abuts and
fronts upon a public street.
5.24.2. Notwithstanding Subsection 5.24.1, a lot existing on 2024.01.31 which does
not have frontage directly abutting a public street, but which has legal access
to the either of a private road created before 2024.01.31 or a public street, by a
right-of-way or easement of no less than 6.0 metres in width, may be used for
a purpose permitted in the zone in which the lot is located, and a structure
may be constructed on the lot, provided that all other applicable provisions of
this Bylaw are satisfied.
5.24.3. Where a specific frontage requirement is established for a use, structure, or
building in this Land Use Bylaw, Subsection 5.24.2 shall not apply.
5.24.4. Notwithstanding other regulations of this Bylaw, development fronting on
private roads created after 2024.01.31 shall be prohibited.
5.25. Habitation of Vehicles
5.25.1. No automobile, truck, bus, coach, streetcar, recreational vehicle, trailer,
camper, or other motor vehicle or part thereof, with or without wheels, shall be
used for human habitation or for commercial occupancy, except where a
permit has been issued for temporary vending under the Temporary Vending
Bylaw and for which a development permit shall not be required.
5.25.2. Notwithstanding Subsection 5.25.1, recreational vehicles or campers may be
used for human habitation provided that:
5.26. Heavy Industrial Uses
5.26.1. Heavy industrial uses shall be prohibited.
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5.27. Height Requirements
5.27.1. The height requirements of this Bylaw shall not apply to church spires, water
tanks, flag poles, television or radio antennae, ventilators, skylights, chimneys,
clock towers, guard rails, cupolas, steeples, telecommunication towers, and
any construction used for the mechanical operation of the building or
structures such as a mechanical penthouse or elevator enclosures. For
greater clarity, any construction used for the mechanical operation of a
building or structure, such as a mechanical penthouse, shall not include any
area dedicated to a use other than the mechanical operation of the building or
structure.
5.28. Heritage Incentives
5.28.1. A property or building that is a municipally-, provincially-, or federally-registered
heritage property shall be eligible for relaxations of Bylaw requirements as
outlined in Table 5-1, Heritage Incentives.
Table 5-1. Heritage Incentives.
Use
Permitted Relaxation
(a) All uses
The minimum automobile parking space requirements
of Part 6 shall not apply.
(b) Bed and Breakfast
The number of sleeping units permitted as-of-right
increases by one (1) unit.
(c) Boarding House
The number of sleeping units permitted as-of-right
increases by one (1) unit.
(d) Converted Dwelling
The number of dwelling units permitted as-of-right
increases by one (1) unit.
5.28.2. A municipally-registered heritage property or building may assume a use not
permitted by the land use zone in which the property or building is located, but
permitted within the designation in which the property or building is located,
through a development agreement, in accordance with Policy 4-84 of the
Municipal Planning Strategy.
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5.29. Home Offices and Studios
5.29.1. Nothing in this Bylaw shall prevent the use of a portion of any dwelling unit or
building accessory to a dwelling unit as a personal office or studio for
residents of the dwelling unit provided the personal office or studio is not
intended to be visited by members of the public.
5.29.2. No development permit shall be required for a personal office or studio that
has no visiting members of the public.
5.30. Instruction of One or Two Students at a Time
5.30.1. Nothing in this Bylaw shall prevent the use of a portion of any dwelling unit or
building accessory to a dwelling unit for the instruction of two (2) students at
a time.
5.30.2. No development permit shall be required for the instruction of two (2)
students at a time.
5.31. Home-based Businesses
Home-based Business in Accessory Buildings
5.31.1. Accessory buildings may be used to contain a home-based business provided
the floor area of the business does not exceed the maximum area outlined in
Subsection 5.31.4.
Home-based Businesses
5.31.2. Home-based businesses shall not emit gas, fumes, dust, or objectionable
odour, or create noise, vibrations, or light that would be considered
uncustomary in a residential neighbourhood.
5.31.3. No portion of a home-based business shall be located outside of a main
dwelling or accessory building.
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5.31.4. Home-based businesses shall meet the following requirements:
Table 5-2. Home-based businesses
Regulation
Requirement
(a) Permitted uses in all zones
Art Gallery / Studio
Business or Professional Office
Commercial School - six (6) or fewer students
Craft Product Workshop
Day Care Centre
Medical Clinic
Personal Service Shops
Animal Care - Pet Grooming
Service and Repair Shop - excluding vehicle or
small engine repair
(b) Maximum Floor Area of Home-
based Business
25 percent of the gross floor area of the dwelling
unit or 50 square metres, whichever is less. For
greater clarity, home-based businesses shall be
conducted entirely indoors.
(c) Outdoor Storage and Display
Outdoor storage and display shall not be permitted.
(d) Retail Sales
Retail sales shall be limited to the sale of products
made, assembled, refined, or repaired on the
premises; and the sale of goods or materials
associated with the business.
Home-based Businesses Signage
5.31.5. Notwithstanding Part 7 of this Bylaw, Signage, home-based business shall be
permitted a maximum of one (1) non-illuminated ground sign or one (1) non-
illuminated wall sign, with a sign area no greater than 1.0 square metre.
5.32. Illumination
5.32.1. Exterior lighting on any lot shall be directed away from, and shall not cause
glare on, adjoining properties or adjacent streets.
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5.33. Landscaping and Stormwater Management
General Landscaping Requirements
5.33.1. The requirements of this Section shall apply to all development, except a
change of use in a legally existing structure shall be exempt.
5.33.2. Any disturbed area of a site, which does not form part of a development, shall
be restored at minimum with grass, ground covers, or nature meadow
mixtures.
5.33.3. Any developed land not used for structures or devoted to a main use on the
lot, parking and circulation areas, patios, outdoor storage and/or display, or
urban agriculture, shall be landscaped with sod, trees, grasses, shrubs,
flowers, creeping plants, street level rain gardens, and/or decorative pavers.
5.33.4. All landscaping required in this Land Use Bylaw shall be maintained in a
healthy condition and shall be replaced if any required landscaping perishes.
Stormwater Management
5.33.5. Flat roofs and flat-roofed additions may be used as a rooftop garden.
5.33.6. Where in this Bylaw stable surfaces are required for means of transportation
or parking or loading spaces, pervious pavement or pavers may be used.
5.34. Multiple Main Buildings
5.34.1. Unless otherwise prohibited in this Bylaw, any number of main buildings may
be located on the same lot, subject to applicable zone requirements.
5.35. Multiple Uses
5.35.1. In any zone, where any land or building is used for more than one (1) purpose,
all the provisions of this Bylaw relating to each use shall be satisfied. Where
there is a conflict, such as in the case of lot area or lot frontage, the higher
more stringent standard shall prevail.
5.36. Non-conforming Uses
5.36.1. Non-conforming uses shall be subject to the provisions for non-conforming
uses of the Municipal Government Act, except a non-conforming use shall not
be recommenced if discontinued for a continuous period of 12 months.
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5.37. Non-conforming Structures
5.37.1. Notwithstanding lot area, lot frontage, and minimum setback requirements of
this Bylaw, the use of a non-conforming structure may be changed to any
other use permitted in that zone, provided all other requirements of this Bylaw
are met.
5.37.2. Non-conforming structures may be replaced, reconstructed, enlarged,
renovated, and/or repaired, provided:
5.38. Parking and Loading
5.38.1. Parking and loading areas shall be provided in accordance with the applicable
requirements of Part 6, Parking, of this Bylaw.
5.39. Parks and Playgrounds
5.39.1. Parks and playground uses shall be permitted in all zones and shall not require
a development permit.
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5.40. Permitted Encroachments in Minimum Setbacks
5.40.1. Every part of any minimum setback required by this Bylaw shall be open and
unobstructed by any structure, except those structures permitted in a
minimum setback in this Bylaw, from the ground to sky.
5.40.2. Notwithstanding zone requirements and Subsection 5.40.1, the following
structures may project into or be located in a required minimum setback in
accordance with the distances set out in Table 5-3, below:
Table 5-3. Permitted Setback Encroachment
Structure
Required Setback
in which Projection
is Permitted
Permitted
Encroachment
Distance
(a) Barrier-free access (accessibility)
structures
Any
To lot line
(b) Fire escapes
Rear and side
1.5 m
(c) Sills, belt courses, cornices, eaves,
gutters, chimneys, pilasters, or similar
architectural features
Any
0.6 m
5.41. Personal Storage Buildings
5.41.1. Where there is no other main building on a lot, a personal storage building less
than 6.0 metres in height without plumbing and with a building footprint no
greater than 20.0 square metres, but not including a shipping container, shall
be permitted in any zone except the Open Shoreline (OS) Zone, provided the
building is a minimum of 5.0 metres from the front lot line and that all other
provisions of Section 5.2 of this Bylaw are satisfied as if the personal storage
building were regarded as an accessory building or structure.
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5.42. Public Utilities
5.42.1. Unless otherwise stated, any public utility that is essential for the actual
provision of a service, but not including wind turbine generators, solar
collector systems, and telecommunication towers, shall be permitted in any
zone and shall be exempt from lot requirements, from setbacks, and the
requirements of 5.24 related to road frontage. These utilities include, but are
not limited to, telephone switching centres, electrical substations, sewage
treatment facilities, and water supply facilities.
5.42.2. For greater clarity, uses not directly related to the provision of service shall not
be included in the exemptions of this Section, and shall only be permitted in
accordance with zone requirements. Such uses include, but are not limited to,
administrative offices and maintenance depots.
5.43. Salvage Yards
5.43.1. Salvage yards shall not be permitted in any zone.
5.44. Shipping Containers
5.44.1. Shipping containers shall not be used for human habitation.
5.44.2. Notwithstanding Subsection 5.44.1, modified shipping containers may be
integrated as building material into dwellings, except within the Architectural
Control Overlay, indicated on Schedule 'B'.
5.44.3. Shipping containers shall not be used as accessory buildings or structures,
with the following exceptions:
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5.45. Short-term Rentals
5.45.1. Short-term rentals in the Commercial Core Zone and Commercial General
Zone shall:
5.45.2. Short-term rentals in all other zones, where permitted, shall be subject to the
following requirements:
5.46. Side Yard Requirements - Exceptions
5.46.1. Notwithstanding anything else in the Bylaw, where buildings on adjacent lots
share a common fire wall, the applicable side setback requirements shall be
waived.
5.47. Signs and Advertising
5.47.1. All signs shall be subject to the applicable requirements of Part 7, Signs, of
this Bylaw.
5.48. Special Uses Permitted
5.48.1. Nothing in this Bylaw shall prevent the use of land or the construction of
temporary buildings, structures or signs for special occasions and holidays
not to exceed two (2) weeks in duration and no development permit shall be
required for such temporary uses, provided that such uses or structures
remain in place for no more than seven (7) days following the termination of
the special occasion or holiday.
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5.49. Solar Collector Systems - Accessory
5.49.1. Accessory solar collector systems shall be permitted in all zones and shall
require an interconnection agreement prior to the issuance of a development
permit.
5.49.2. Accessory solar collector systems may be mounted as free-standing
structures or on buildings.
5.49.3. Accessory solar collector systems mounted on buildings may exceed the
maximum building height in the zone by up to 2.0 metres.
5.49.4. Accessory solar collector systems mounted as free-standing structures shall:
5.50. Tree Identification and Replacement
5.50.1. In any residential or unserviced zone, where a development with a lot coverage
of greater than 20% is proposed, the applicant shall submit a tree
identification and replacement plan, completed by a qualified professional, at
the applicant's expense. Prior to the issuance of a development permit, the
Town shall be satisfied the plan:
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5.51. Urban Agriculture Uses
Urban Agricultural Use Requirements
5.51.1. The sale of urban agricultural products grown or produced on-site, shall be
permitted as an accessory use to an urban agricultural use.
5.51.2. Accessory structure associated with an urban agricultural use, such as, but
not limited to, greenhouses, sales stands, and chicken coops, shall not exceed
a height of 6.0 metres and shall be subject to all other accessory structure
requirements of Section 5.2 and all other relevant zone restrictions for urban
agricultural uses.
Keeping of Bees
5.51.3. The keeping of bees as an urban agriculture use shall be permitted provided
all beehives are located at least 3.0 metres from any lot line and shall be
located in the rear yard or a side yard that is not a flankage yard.
Keeping of Chickens and/or Meat Rabbits as an Accessory Use
5.51.4. The keeping of chickens and/or meat rabbits shall be permitted as an urban
agriculture use shall be subject to the following requirements:
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5.52. Visibility of Intersections
5.52.1. Notwithstanding anything else in this Bylaw, on a corner lot, no building,
structure, fence, sign, hedge, shrub, bush, or tree, or any other structure or
vegetation shall be erected or permitted to grow to a height greater than 0.6
metres above grade within the corner vision triangle.
5.53. Watercourse Buffer
5.53.1. All development, with the exception of those developments listed in
Subsection 5.53.3, shall be prohibited within 10.0 horizontal metres of the
ordinary high water mark of watercourses identified on Schedule 'C' of this
Bylaw.
5.53.2. In relation to a development, no person shall alter land levels and no natural
vegetation shall be removed within 10.0 horizontal metres of the ordinary high
water mark of watercourses identified on Schedule 'C', except:
5.53.3. Development permitted within the watercourse buffer (subject to zone
requirements and other requirements of this Bylaw) are:
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5.53.4. Where the size and configuration of a lot created prior to 2024.01.31 is such
that no main building could be located on the lot the Development Officer may
reduce the zone standards for minimum setbacks to the extent necessary to
accommodate a main building not exceeding a footprint of 100 square
metres, provided:
5.53.5. Existing buildings located within the watercourse buffer may be reconstructed,
renovated, repaired, moved, or replaced provided the work does not increase
the building's footprint within the buffer or reduce the depth of the shoreline
buffer and all other applicable requirements of this Bylaw are met.
5.54. Watercourse Buffer Reduction
5.54.1. Notwithstanding Subsection 5.53.1 and Subsection 5.53.2, the Development
Officer may issue a Development Permit for a development within the
watercourse buffer provided a detailed study, including a plot plan, prepared
by a qualified person clearly demonstrates:
5.55. Wind Turbines
5.55.1. Wind turbines with a production capacity greater than 0.01 megawatts (10
kilowatts) are prohibited.
5.55.2. Wind turbines with a production capacity of 0.01 megawatts (10 kilowatts) or
less shall be permitted in the Residential Unserviced (RU) Zone subject to the
following requirements:
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5.56. Wharves, Piers, and Other Coastal Access Uses
5.56.1. Wharves, piers, slipways, launching ramps and similar coastal access uses
shall be permitted, without a development permit, in all zones.
5.57. Wood-burning Furnaces and Waterstoves - Outdoor
5.57.1. Outdoor waterstoves and outdoor wood-burning furnaces shall be prohibited
in all zones.
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6. Parking
6.1.
Exemption from Parking Requirements
6.1.1. The requirements of this Part shall not apply to any land use that was legally
in existence on the effective date of this Land Use Bylaw.
6.1.2. Where a change in use would require parking that could not be
accommodated on the lot without the demolition, in whole or in part, of a main
building legally existing on 2024.01.31 the Development Officer may consider
a reduction in the number of parking spaces via the variance process as
provided by Section 4.11.
6.2.
Minimum Number of Parking Spaces Requirements
6.2.1. No development permit shall be issued for any development unless off-street
parking, located within the same zone and within 100.0 metres of the location
it is intended to serve, is provided. The parking shall be provided and
maintained in conformity with Table 6-1.
6.2.2. Where a development proposes to provide any required number of automobile
parking spaces off-site, the parking spaces shall be subject to the following
requirements:
i.
the parking requirement is met through an alternate proposal, or the
required number of parking spaces has been reduced; or
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ii.
the use that requires off-site parking permanently ceases to operate
and is confirmed in writing to the Development Officer.
6.2.3. Where the number of required parking spaces that is required is not defined in
Table 6-1, the Development Officer shall determine the minimum number of
automobile parking spaces based on the needs of the proposed development.
Table 6-1. Minimum Automobile Parking Requirements
Use
Parking Spaces Required
(a) Art Gallery / Studio
One (1) space
(b) Automobile Body or Repair Shop
Two (2) spaces per service bay
(c) Banks and Financial Institutions
One (1) space per 25 m2 GFA
(d) Bed and Breakfast
One (1) space per every sleeping unit
(e) Boarding House
One (1) space plus one (1) additional
space per every three (3) sleeping units
(f) Business or Professional Office
One (1) space per 50 m2 GFA
(g) Commercial Recreation
One (1) space per 50 m2 GFA
(h) Convenience Store
Three (3) spaces
(i) Dwellings - Converted, Two-unit,
Single-unit, Triplex
Two (2) spaces per dwelling unit if
located within an area identified on
Appendix 'A'; or
One (1) space per dwelling unit otherwise.
(j) Dwellings - Multi-unit
1.25 spaces per dwelling unit.
(k) Fixed-roof Overnight
Accommodations
One (1) space per suite or rental unit.
(l) Funeral Home
One (1) space per 20 m2 GFA dedicated
to public use
(m) Home-based Business
One (1) space
(n) Licensed Liquor Establishment
One (1) space per 25 m2 GFA
(o) Personal Service Shop
One (1) space per 50 m2 GFA
(q) Post Office
Four (4) spaces
(r) Private Club
One (1) space per 30 m2 GFA
(s) Restaurant - Drive-through,
Eat-in
One (1) space per 20 m2 GFA
(t) Restaurant - Take-out
Three (3) spaces
(u) Retail Store
One (1) space per 30 m2 GFA
(v) School - Commercial
One (1) space per 50 m2 GFA
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6.2.4. Where a lot contains more than one (1) use, the number of required parking
spaces shall be the sum of the number of parking spaces required for each
use.
6.2.5. Where the number of automobile parking spaces required includes a fraction
or fractions of whole spaces, the number of spaces for all uses shall be
totaled before rounding, and then the total shall be rounded to the nearest
whole number but shall not be zero (0). Half spaces shall be rounded down
except where rounding would cause the number of required spaces to be zero
(0).
6.2.6. Required automobile parking spaces shall be:
6.3.
Parking and Loading Exemption in the Commercial Core
6.3.1. For all non-residential uses, the minimum parking requirements of Section 6.2
and the loading space requirements of Section 6.6 shall not apply to lands
within the Commercial Core (CC) Zone.
6.4.
Parking Location
6.4.1. Automobile parking spaces shall not be located in the front or flankage yard in
the Commercial Core (CC) Zone.
6.4.2. No more than three (3) parking spaces shall be located in the front yard of any
dwelling.
(w) Service and Repair Shop
Three (3) spaces
(x) Veterinary Clinic
Three (3) spaces
Town of Mahone Bay Land Use Bylaw
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6.5.
Automobile Parking Area Standards
6.5.1. Where parking facilities for more than four (4) automobiles are required or
provided, the facilities shall meet the following requirements:
Town of Mahone Bay Land Use Bylaw
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6.6.
Loading Spaces
6.6.1. In every zone except the Commercial Core (CC) Zone, no person shall erect or
use any building or structure for manufacturing, non-residential storage,
warehouse, department store, wholesale store, market, freight or passenger
terminal, hotel, hospital, mortuary, or other use involving the frequent shipping,
loading, or unloading of persons, animals or goods, unless there is maintained
on the same premises one (1) off-street space of standing loading and
unloading for every 2,700.0 square metres or fraction thereof of gross floor
area used for any such purpose.
6.6.2. Each loading space shall be at least 4.0 metres wide by 12.0 metres long, with
a minimum of 4.3 metres height clearance.
6.6.3. Notwithstanding Subsection 6.6.1, the provision of a loading space for any
building or use with less than 300 square metres of gross floor area shall be
optional.
6.6.4. Loading spaces shall not be located within any required minimum front
setback or be located within any yard that abuts the Residential Core (RC)
Zone, the Residential General (RG) Zone, the Residential Multi-unit (RM) Zone,
or the Conservation (C) Zone unless, in the opinion of the Development Officer,
the minimum front setback or the rear yard that abuts the aforementioned
zones is the only possible option due to the structure's placement on the lot or
because of abutting zone restrictions.
6.6.5. Loading space areas, including driveways leading thereto, shall be constructed
and maintained with a stable surface treated so as to prevent the raising of
dust or loose particles.
6.6.6. Access and egress for the required loading space areas shall be provided by
means of unobstructed driveways of a minimum wide of 3.0 metres for one-
way traffic or a minimum of 6.0 metres for two-way traffic.
Town of Mahone Bay Land Use Bylaw
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6.7.
Commercial Vehicles in Residential Zones
6.7.1. Commercial vehicles parked overnight in the Residential Core (RC) Zone, the
Residential General (RG) Zone, or the Residential Multi-unit (RM) Zone shall be
subject to the following conditions and no development permit shall be
required:
6.8.
Minimum Number of Bicycle Parking Spaces
6.8.1. Within the Commercial Core (CC) Zone, the Commercial General (CG) Zone,
and the Institutional (I) Zone, for every building or structure to be erected or
enlarged, or for any change of use, bicycle parking spaces shall be provided in
accordance with Table 6-2, Minimum Bicycle Parking Requirements.
Table 6-2. Minimum Bicycle Parking Requirements
Use
Bicycle Parking Spaces Required
(a) Business or Professional Office
Two (2) spaces
(b) Commercial Recreation
Two (2) spaces
(c) Convenience Store
Two (2) spaces
(d) Dwellings - Grouped, Multi-unit
One (1) space per every two (2) units
(e) Fixed-roof Overnight
Accommodations
One (1) space per every 10 suites or
rental unit.
(f) Personal Service Shop
Two (2) spaces
(g) Post Office
Two (2) spaces
(h) Private Club
Two (2) spaces
(i) Restaurant - Drive-through,
Eat-in
Two (2) spaces
(j) Restaurant - Take-out
Two (2) spaces
(k) Retail Store
Two (2) spaces
(l) School - Commercial
Two (2) spaces
Town of Mahone Bay Land Use Bylaw
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6.9.
Bicycle Parking Instead of Automobile Parking Spaces
6.9.1. The minimum number of automobile parking spaces required for a use, as
outlined in Section 6.2, shall be reduced by one (1) for every four (4) bicycle
parking spaces provided in excess of the requirements of Section 6.8 and that
meets the standards of Section 6.10. This substitution shall not apply to
single-unit dwellings, two-unit dwellings, triplex dwellings, or short-term
rentals.
6.9.2. The maximum reduction of automobile parking spaces provided by
Subsection 6.9.1 shall be limited to three (3) automobile parking spaces or 10
percent of the required automobile parking spaces, whichever is greater.
6.10. Bicycle Parking Space Standards
6.10.1. Each bicycle parking space provided shall:
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;
iii.
is made of metal.
6.10.2. For greater clarity, one (1) bicycle rack may be used to fulfill the rack
requirements for two (2) adjacent bicycle parking spaces by placing it on the
shared border of the two (2) spaces.
Town of Mahone Bay Land Use Bylaw
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7. Signs
7.1.
Signage Provisions for All Zones
7.1.1. All signs and all parts thereof, including copy, framework, supports,
background, and anchors shall be kept in a good state of repair and working
order.
7.1.2. Any sign that no longer advertises a bona fide business conducted or a
product sold are deemed to be obsolete and shall be removed once the use
has been discontinued for a period exceeding 60 days. In the case of seasonal
businesses, the use shall be considered discontinued on December 31st of a
calendar year if the use was not operated in that calendar year.
7.1.3. Where this Part is inconsistent with the regulations made or administered by
the Province of Nova Scotia respecting advertising signs on or near public
highways, the more restrictive regulations shall apply.
7.1.4. No person shall erect or relocate any signs, except those permitted under
Section 7.3, Signs Permitted in All Zones, without first obtaining a
development permit from the Development Officer, and no development
permit shall be issued to erect a sign unless all the provisions of this Bylaw are
satisfied.
7.1.5. A development permit shall not be required for:
Town of Mahone Bay Land Use Bylaw
45
7.2.
Signs Prohibited in All Zones
7.2.1. Notwithstanding any other provision of this Bylaw, the following signs shall
not be permitted in any zone:
Town of Mahone Bay Land Use Bylaw
46
7.3.
Signs Permitted in All Zones
7.3.1. Notwithstanding any other provisions of this Bylaw, the following signs are
permitted in all zones without the requirement for a development permit:
Town of Mahone Bay Land Use Bylaw
47
7.4.
Illumination
7.4.1. Signs, except within residential zones, may be internally illuminated or
illuminated through the use of shielded downlighting, but such illumination
shall not flash.
7.4.2. Any sign, or part thereof, which is illuminated, shall not project illumination
onto adjacent properties.
7.5.
Non-commercial Signs
7.5.1. Signs which are not associated with a special occasion and are not otherwise
permitted by the Bylaw may be permitted in any zone, but:
7.6.
Ground Signs
7.6.1. Ground signs:
7.7.
Electronic Message Board and Changeable Copy Signs
7.7.1. Any permitted sign, or portion thereof, may be a changeable copy sign panel,
subject to all applicable criteria for the type of permitted sign.
7.7.2. In the Commercial General (CG) Zone, a maximum of 25 percent of the
permitted area for ground signs may be dedicated as an electronic message
board sign, subject to all applicable criteria for ground signs and electrical
message board signs.
7.7.3. Electronic message board shall:
Town of Mahone Bay Land Use Bylaw
48
7.8.
Projecting Wall Signs
7.8.1. A projecting wall sign shall not:
7.8.2. Where any projecting wall sign projects over any street or street right-or-way, a
permit issued by the Town's Traffic Authority shall be required.
Town of Mahone Bay Land Use Bylaw
49
7.9.
Wall Signs
7.9.1. Wall signs:
7.10. Window Signs
7.10.1. Window signs:
7.11.
Sandwich Board Signs
7.11.1. In all zones except the Residential Core (RC) Zone, the Residential General
(RG) Zone, or the Residential Multi-unit (RM) Zone, where sandwich board
signs shall be prohibited, sandwich board signs shall be permitted without a
development permit, provided:
7.12. Off-Premise Signs
7.12.1. Except as provided for by Section 7.11, no sign shall be erected or used for
commercial advertising except where the sign is located on the same lot as
the establishment which it advertises.
7.13. Signs in Residential Zones
7.13.1. Other than those signs identified in Section 7.3, Signs Permitted in all Zones,
no sign shall be located within any residential zone, unless:
7.14. Abutting Zone Requirements for Signs
7.14.1. Where a commercial zone or an industrial zone abuts a residential zone, the
Conservation (C) Zone, the Institutional (I) Zone, or the Parks and Open Space
(PO) Zone, signs located in abutting yards shall be subject to the following
requirements:
Town of Mahone Bay Land Use Bylaw
50
Town of Mahone Bay Land Use Bylaw
51
8. Residential Zones
8.1.
Special Requirements for Residential Zones
8.1.1. In addition to all other applicable requirements of this Bylaw, uses in the
Residential Core (RC) Zone, the Residential General (RG) Zone, and the
Residential Multi-unit (RM) Zone shall be subject to the requirements of this
Section.
Bed and Breakfasts
8.1.2. Bed and breakfast establishments shall meet the following requirements:
One Main Building on a Lot
8.1.3. Notwithstanding Section 5.34, only one main building shall be permitted on a
lot, with the following exceptions, where the use is permitted in a zone:
Mobile and Mini Homes
8.1.4. Mobile homes and mini homes, where permitted, shall:
Grouped Dwellings
8.1.5. Council shall require a shared servicing plan, prepared by a qualified
professional, to ensure any shared services do not become the maintenance
responsibility of the Town.
Town of Mahone Bay Land Use Bylaw
52
8.2.
Permitted Uses in the Residential Zones
8.2.1. The following tables shall outline the permitted uses in the Residential Core
(RC) Zone, the Residential General (RG) Zone, and the Residential Multi-unit
(RM) Zone, subject to the following scheme:
Town of Mahone Bay Land Use Bylaw
53
Residential Uses in the Residential Zones
RC
RG
RM
Accessory Dwelling
P
P
P
Bed and Breakfast
» 6 or fewer sleeping units
» More than 6 sleeping units
P
-
P
DA
P
DA
Boarding House
» 4 or fewer sleeping units
» More than 4 sleeping units
P
-
P
DA
P
DA
Converted Dwelling
» 5 or fewer dwelling units
» More than 5 dwelling units
DA
-
P
DA
P
DA
Grouped Dwelling
» 2 dwelling units
» 3 to 4 dwelling units
» 5 to 8 dwelling units
» 9 to 12 dwelling units
P
S
-
-
P
S
S
-
-
P
P
S
Home-based Business
P
P
P
Mini Home
P
P
-
Mobile Home
P
P
-
Multi-unit Dwelling
» 4 dwelling units
» 5 to 8 dwelling units
» More than 8 dwelling units
P
-
-
P
P
-
P
P
S
Nursing Home
-
-
DA
Residential Care Facility
-
-
S
Two-unit Dwelling
P
P
-
Short-term Rental
P
P
P
Single-unit Dwelling
P
P
-
Small Options Home
P
P
-
Triplex Dwelling
P
P
P
P = permitted | S = site plan | DA = development agreement
Other Uses in the Residential Zones
RC
RG
RM
Town of Mahone Bay Land Use Bylaw
54
Emergency Services
-
-
P
Government Buildings and Uses
P
P
P
Parks and Playgrounds
P
P
P
Places of Workshop
P
P
P
Recreational Uses
P
P
P
School - Academic
P
P
P
Conservation Uses
P
P
P
Urban Agricultural Uses
P
P
P
P = permitted | S = site plan | DA = development agreement
Town of Mahone Bay Land Use Bylaw
55
8.3.
Residential Core Zone Development Standards
8.3.1. Except as otherwise permitted in this Bylaw, the Development Officer shall not
issue a development permit for a use on a lot in the Residential Core (RC)
Zone unless the following requirements are met:
Requirement
Grouped Dwelling
All Other Permitted Uses
(a) Minimum Front/Flanking Setback
4.5 m
4.5 m
(b) Minimum Rear Setback
4.5 m
4.5 m
(c) Minimum Side Setback
2.0 m
2.0 m
(d) Maximum Structure Height
13.5 m
13.5 m
(e) Maximum Lot Coverage
40%
40%
8.3.2. The following minimum standards shall apply to lots in the Residential Core
(RC) Zone:
Requirement
Grouped Dwelling
All Other Permitted Uses
(a) Minimum Lot Area
i. Serviced lot
ii. Unserviced lot
250.0 m2/DU
Minimum required by NSE
for septic approval
450.0 m2
Minimum required by
NSE for septic approval
(b) Minimum Lot Frontage
12.0 m
12.0 m
NSE = Nova Scotia Department of Environment and Climate Change
DU = Dwelling Unit
Town of Mahone Bay Land Use Bylaw
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8.4.
Residential General Zone Development Standards
8.4.1. Except as otherwise permitted in this Bylaw, the Development Officer shall not
issue a development permit for a use on a lot in the Residential General (RG)
Zone unless the following requirements are met:
Requirement
Triplex, Multi-unit,
Grouped Dwelling
All Other Permitted
Uses
(a) Minimum Front/Flanking Setback
4.5 m
4.5 m
(b) Minimum Rear Setback
4.5 m
4.5 m
(c) Minimum Side Setback
3.0 m
3.0 m
(d) Maximum Structure Height
13.5 m
13.5 m
(e) Maximum Lot Coverage
40%
40%
8.4.2. The following minimum standards shall apply to lots in the Residential General
(RG) Zone:
Requirement
Triplex, Multi-unit, Grouped
Dwelling
All Other Permitted
Uses
(a) Minimum Lot Area
i. Serviced lot
ii. Unserviced lot
500.0 m2 total for first 3 DUs
+165.0 m2/DU thereafter
Minimum required by NSE for
septic approval
500.0 m2
Minimum required by
NSE for septic approval
(b) Minimum Lot Frontage
12.0 m
12.0 m
NSE = Nova Scotia Department of Environment and Climate Change
DU = Dwelling Unit
Town of Mahone Bay Land Use Bylaw
57
8.5.
Residential Multi-unit Zone Development Standards
8.5.1. Except as otherwise permitted in this Bylaw, the Development Officer shall not
issue a development permit for a use on a lot in the Residential Multi-unit (RM)
Zone unless the following requirements are met:
Requirement
Triplex, Multi-unit,
Grouped Dwelling;
Residential Care
Facilities
All Other Permitted Uses
(a) Minimum Front/Flanking Setback
5.0 m
5.0 m
(b) Minimum Rear Setback
5.0 m
5.0 m
(c) Minimum Side Setback
5.0 m
3.0 m
(d) Maximum Structure Height
13.5 m
13.5 m
(e) Maximum Lot Coverage
50%
50%
8.5.2. The following minimum standards shall apply to lots in Residential Multi-unit
(RM) Zone:
Requirement
Triplex, Multi-unit, Grouped
Dwelling; Residential Care
Facilities
All Other Permitted Uses
(a) Minimum Lot Area
i. Serviced lot
ii. Unserviced lot
400.0 m2 total for first 3 DUs
+ 125.0 m2/DU thereafter
Minimum required by NSE
for septic approval
400.0 m2
Minimum required by
NSE for septic approval
(b) Minimum Lot Frontage
15.0 m
12.0 m
NSE = Nova Scotia Department of Environment and Climate Change
DU = Dwelling Unit
Town of Mahone Bay Land Use Bylaw
58
9. Commercial Zones
9.1.
Special Requirements for Commercial Zones
9.1.1. In addition to all other applicable requirements of this Bylaw, uses in the
Commercial Core (CC) Zone and the Commercial General (CG) Zone shall be
subject to the requirements of this Section.
Abutting Requirements
9.1.2. Where a commercial zone abuts a residential zone, the Conservation (C) Zone,
the Institutional (I) Zone, the Open Shoreline (OS) Zone, or the Parks and Open
Space (PO) Zone, the following restrictions shall apply to an abutting yard for
commercial zones:
Outdoor Storage and Display
9.1.3. Outdoor storage and display shall be prohibited in the front and flankage
yards.
9.1.4. The combined total area of any outdoor storage and outdoor display shall not
exceed 50 percent of the ground floor area of the main building or structure on
the lot.
Town of Mahone Bay Land Use Bylaw
59
Awnings and Canopies
9.1.5. Notwithstanding other regulations of this Bylaw, an awning or canopy may be
permitted within the Commercial Core (CC) Zone and the Commercial General
(CG) Zone by development permit provided a permit has been issued by the
Town for the awning or canopy, but the awning or canopy shall not:
Ground Floor Commercial Uses Required
9.1.6. In the Commercial Core (CC) Zone and Commercial General (CG) Zone, the
following portions of any main building shall be retained for non-residential
uses permitted in the zone:
9.1.7. Within the Commercial Core (CC) Zone, sleeping units for fixed-roof overnight
accommodation uses shall not be permitted within the area reserved for non-
residential uses, as identified in Subsection 9.1.6.
9.1.8. Where multiple main buildings are located on a lot, the requirements of
Subsection 9.1.6 shall only apply to the main building(s) located closest to the
front lot line and the main building(s) located closest to the flankage lot line
(where applicable).
Existing Residential Uses
9.1.9. Legally existing residential uses existing on 2024.01.31 in the commercial
zones shall be considered fully conforming uses and shall be permitted to
expand.
Density of Multi-unit and Grouped Dwellings
9.1.10. In the Commercial Core (CC) Zone and Commercial General (CG) Zone, multi-
unit dwellings and grouped dwellings located in the rear yard of commercial
buildings shall be permitted to a density of one dwelling unit per 125.0 square
metres of total lot area.
Town of Mahone Bay Land Use Bylaw
60
9.2.
Permitted Uses in the Commercial Zones
9.2.1. The following tables shall outline the permitted uses in the Commercial Core
(CC) Zone and the Commercial General (CG) Zone, subject to the following
scheme:
Town of Mahone Bay Land Use Bylaw
61
Residential Uses in the Commercial Zones
CC
CG
Bed and Breakfast
» 6 or fewer sleeping units
» More than 6 sleeping units
P
DA
P
-
Boarding House
» 4 or fewer sleeping units
» More than 4 sleeping units
-
-
P
DA
Grouped Dwellings - in rear yard of a
commercial building
S
S
Home-based Business
P
P
Multi-unit Dwelling
» In rear yard of a commercial building
» With no commercial use on the lot
» Within a commercial building
S
DA
S
S
DA
S
Nursing Home
DA
DA
Short-term Rental
P
P
Single-unit Dwelling - Existing
P
P
Single-unit Dwelling - within a commercial
building
P
P
Two-unit Dwelling - within a commercial
building
P
P
Triplex Dwelling - within a commercial
building
P
P
P = permitted | S = site plan | DA = development agreement
Town of Mahone Bay Land Use Bylaw
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Commercial and Industrial Uses in the Commercial Zones
CC
CG
Animal Care
P
P
Animal Shelter
-
DA
Art Gallery / Studio
P
P
Automobile Body Shop
-
DA
Automobile Repair Shop
-
P
Automobile Sales
-
P
Automobile Service Station
-
P
Banks and Financial Institutions
» With drive-through
» Without drive-through
-
P
S
P
Boat and Marine Sales
DA
-
Business or Professional Office
P
P
Commercial Recreation
» Indoor
» Outdoor
-
-
P
P
Convenience Store
P
P
Craft Shop
P
P
Day Care Centre
P
P
Electric Vehicle Charging - Commercial
-
P
Farm Market
P
P
Fixed-roof Overnight Accommodation
P
P
Funeral Home
» Without crematorium
» With crematorium
-
-
P
DA
Garden Centre
-
S
Licensed Liquor Establishments
» GFA less than 111 m2
» GFA 111 m2 or greater
S
DA
S
DA
Marina
DA
-
Marine Recreation Provider
S
S
P = permitted | S = site plan | DA = development agreement
CC
CG
Town of Mahone Bay Land Use Bylaw
63
Personal Service Shop
P
P
Post Office
P
P
Radio and Television Stations
-
P
Restaurant
» Drive-through
» Eat-in
» Take-out
-
P
P
S
P
P
Retail Lumber and Home Improvement
Yard
-
S
Retail Development
» Less than 300 m2 GFA
» 300 m2 or greater GFA
P
-
P
DA
Service and Repair Shop
P
P
Taxi and Bus Station
-
P
Veterinary Clinic
P
P
P = permitted | S = site plan | DA = development agreement
Town of Mahone Bay Land Use Bylaw
64
Other Uses in the Commercial Zones
CC
CG
Community Centre
-
P
Cultural Facilities
P
P
Emergency Services
P
P
Extended Care Facility
DA
P
Government Buildings and Uses
P
P
Hospital
-
P
Interpretive Centre
P
P
Medical Clinic
P
P
Commercial Parking Lot
-
S
Parks and Playgrounds
P
P
Places of Worship
P
P
Recreation Centre
-
P
Recreational Uses
P
P
School
» Academic
» Commercial
» Post-secondary
-
S
-
-
P
P
Conservation Uses
P
P
Urban Agricultural Uses
P
P
P = permitted | S = site plan | DA = development agreement
Town of Mahone Bay Land Use Bylaw
65
9.3.
Commercial Core Zone Development Standards
9.3.1. Except as otherwise permitted in this Bylaw, the Development Officer shall not
issue a development permit for a use on a lot in the Commercial Core (CC)
Zone unless the following requirements are met:
Requirement
All Permitted Uses
(a) Minimum Front Setback
1.5 m
(b) Minimum Flanking Setback
0.0 m
(c) Maximum Front/Flanking Setback
3.0 m
(d) Minimum Rear Setback
3.0 m
(e) Minimum Side Setback
1.5 m
(f) Maximum Structure Height
13.5 m
9.3.2. The following minimum standards shall apply to lots in Commercial Core (CC)
Zone:
Requirement
All Permitted Uses
(a) Minimum Lot Area
i. Serviced lot
375.0 m2
(b) Minimum Lot Frontage
6.0 m
Town of Mahone Bay Land Use Bylaw
66
9.4.
Commercial General Zone Development Standards
9.4.1. Except as otherwise permitted in this Bylaw, the Development Officer shall not
issue a development permit for a use on a lot in the Commercial General (CG)
Zone unless the following requirements are met:
Requirement
All Permitted Uses
(a) Minimum Front/Flanking Setback
3.0 m
(b) Minimum Rear Setback
3.0 m
(c) Minimum Side Setback
1.5 m
(d) Maximum Structure Height
13.5 m
9.4.2. The following minimum standards shall apply to lots in Commercial General
(CG) Zone:
Requirement
All Permitted Uses
(a) Minimum Lot Area
i. Serviced lot
ii. Unserviced lot
500.0 m2
Minimum required by NSE for septic approval
(b) Minimum Lot Frontage
12.0 m
NSE = Nova Scotia Department of Environment and Climate Change
Town of Mahone Bay Land Use Bylaw
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10. Industrial Zones
10.1.
Special Requirements for Industrial Zones
10.1.1. In addition to all other applicable requirements of this Bylaw, uses in the
Industrial General (IG) Zone shall be subject to the requirements of this
Section.
Abutting Requirements
10.1.2. Where an industrial use abuts a residential zone, the Conservation (C) Zone,
the Institutional (I) Zone, the Open Shoreline (OS) Zone, or the Parks and Open
Space (PO) Zone, the following restrictions shall apply to an abutting yard for
industrial zones:
Open Storage and Outdoor Display
10.1.3. The following restrictions shall apply to open storage and outdoor display in
the Industrial General (IG) Zone:
Town of Mahone Bay Land Use Bylaw
68
10.2. Permitted Uses in the Industrial Zone
10.2.1. The following tables shall outline the permitted uses in the Industrial General
(IG) Zone subject to the following scheme:
10.2.2. Notwithstanding Subsection 10.2.1, on PID 60419538 commercial and
industrial uses identified as permitted or permitted by site plan approval in the
following tables shall only be considered via development agreement, subject
to the appropriate policy in the Municipal Planning Strategy.
Town of Mahone Bay Land Use Bylaw
69
Commercial and Industrial Uses in the Industrial Zones
IG
Animal Care
P
Automobile Body Shop
P
Automobile Repair Shop
P
Automobile Sales
P
Automobile Service Station
P
Boat and Marine Sales
P
Building Material and Equipment Depots
P
Electric Vehicle Charging - Commercial
P
Electricity Production Industries
P
Fishery Related Industries
P
Heavy Equipment Sales and Rentals
P
Light Manufacturing
P
Manufacturing
P
Marina
P
Micro-brewery
S
Micro-distillery
S
Post Office
P
Recycling Depot
P
Retail Lumber and Home Improvement
Yard
P
Retail Store
P
Self-Storage Facility
P
Service and Repair Shop
P
P = permitted | S = site plan | DA = development agreement
IG
Town of Mahone Bay Land Use Bylaw
70
Solar Collector System - Commercial
P
Taxi and Bus Station
P
Transportation Services
P
Warehouse
P
P = permitted | S = site plan | DA = development agreement
Other Uses in the Industrial Zones
IG
Commercial Recreation, Outdoor
P
Emergency Services
P
Parks and Playgrounds
P
Government Buildings and Uses
P
Commercial Parking Lot
S
Recreation Centre
P
Recreational Uses
P
School
» Post-Secondary, limited to trade
schools
P
Conservation Uses
P
Urban Agricultural Uses
P
P = permitted | S = site plan | DA = development agreement
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10.3. Industrial General Zone Development Standards
10.3.1. Except as otherwise permitted in this Bylaw, the Development Officer shall not
issue a development permit for a use on a lot in the Industrial General (IG)
Zone unless the following requirements are met:
Requirement
All Permitted Uses
(a) Minimum Front/Flanking Setback
5.0 m
(b) Minimum Rear Setback
i. Main Structure
ii. Accessory Structure
4.5 m
4.5 m
(c) Minimum Side Setback
4.5 m
(d) Maximum Structure Height
13.5 m
10.3.2. The following minimum standards shall apply to lots in Industrial General (IG)
Zone:
Requirement
All Permitted Uses
(a) Minimum Lot Area
i. Serviced lot
ii. Unserviced lot
1,860.0 m2
Minimum required by NSE for septic approval
(b) Minimum Lot Frontage
30.0 m
NSE = Nova Scotia Department of Environment and Climate Change
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11. Unserviced Zones
11.1.
Special Requirements for Unserviced Zones
11.1.1. In addition to all other applicable requirements of this Bylaw, uses in the
Residential Unserviced (RU) Zone shall be subject to the requirements of this
section.
Bed and Breakfasts
11.1.2. Bed and breakfast establishments shall meet the following requirements:
One Main Building on a Lot
11.1.3. Notwithstanding Section 5.34, only one main building shall be permitted on a
lot, with the following exceptions, where the use is permitted in a zone:
Forestry Uses
11.1.4. Forestry uses shall be subject to the following requirements:
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Mobile Homes
11.1.5. Mobile homes, where permitted, shall:
11.2.
Permitted Uses in the Unserviced Zones
11.2.1. The following tables shall outline the permitted uses in the Residential
Unserviced (RU) Zone subject to the following scheme:
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Residential Uses in the Unserviced Zones
RU
Accessory Dwelling
P
Bed and Breakfast
» 4 or fewer sleeping units
» More than 4 sleeping units
P
-
Grouped Dwellings
DA
Home-based Business
P
Mini Home
P
Mobile Home
P
Short-term Rental
P
Single-unit Dwelling
P
Two-unit Dwelling
P
Small Options Home
P
P = permitted | S = site plan | DA = development agreement
Commercial and Industrial Uses in the Unserviced Zones
RU
Forestry Uses
P
P = permitted | S = site plan | DA = development agreement
Other Uses in the Unserviced Zones
RU
Agriculture-related Uses
DA
Conservation Use
P
Government Buildings and Uses
P
Hobby Livestock Building
P
Parks and Playgrounds
P
Solar Collector Systems -
Commercial
DA
Urban Agricultural Uses
P
P = permitted | S = site plan | DA = development agreement
Town of Mahone Bay Land Use Bylaw
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11.3.
Residential Unserviced Zone Development Standards
11.3.1. Except as otherwise permitted in this Bylaw, the Development Officer shall not
issue a development permit for a use on a lot in the Residential Unserviced
(RU) Zone unless the following requirements are met:
Requirement
All Permitted Uses
(a) Minimum Front/Flanking Setback
5.0 m
(b) Minimum Rear Setback
5.0 m
(c) Minimum Side Setback
3.5 m
(d) Maximum Structure Height
13.5 m
11.3.2. The following minimum standards shall apply to lots in Residential Unserviced
(RU) Zone:
Requirement
Hobby Livestock Building
All Other Permitted Uses
(a) Minimum Lot Area
10,000 m2
Minimum required by
NSE for septic approval
(b) Minimum Lot Frontage
21.0 m
21.0 m
NSE = Nova Scotia Department of Environment and Climate Change
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12. Open Shoreline Zone
12.1.
Special Requirements for Open Shoreline Zone
12.1.1. In addition to all other applicable requirements of this Bylaw, uses in the Open
Shoreline (OS) Zone shall be subject to the requirements of this section.
Existing Residential Uses
12.1.2. Existing residential shall be considered non-conforming.
12.2. Permitted Uses in the Open Shoreline Zone
12.2.1. The following tables shall outline the permitted uses in the Open Shoreline
(OS) Zone, subject to the following scheme:
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Residential Uses in the Open Shoreline Zone
OS
Home-based Business
P
P = permitted | S = site plan | DA = development agreement
Other Uses in the Open Shoreline Zone
OS
Parking Lot
S
Parks and Playgrounds
P
Conservation Uses
P
P = permitted | S = site plan | DA = development agreement
12.3. Open Shoreline Zone Development Standards
12.3.1. Except as otherwise permitted in this Bylaw, the Development Officer shall not
issue a development permit for a use on a lot in the Open Shoreline (OS) Zone
unless the following requirements are met:
Requirement
Existing Dwellings
All Permitted Uses
(a) Minimum Lot Area
i. Serviced lot
ii. Unserviced lot
650.0 m2
Minimum required by NSE
for septic approval
650.0 m2
Minimum required by NSE
for septic approval
(b) Minimum Lot Frontage
21.0 m
21.0 m
(c) Minimum Front/Flanking
Setback
4.5 m
1.5 m
(d) Minimum Rear Setback
4.5 m
1.5 m
(e) Minimum Side Setback
2.0 m
2.0 m
(f) Maximum Structure Height
8.0 m
1.0 m measured from the
surface of the adjacent
street
NSE = Nova Scotia Department of Environment and Climate Change
Town of Mahone Bay Land Use Bylaw
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13. Parks and Open Space Zone
13.1.
Special Requirements for Parks and Open Space Zone
13.1.1. In addition to all other applicable requirements of this Bylaw, uses in the Parks
and Open Space (PO) Zone shall be subject to the requirements of this
section.
13.2. Permitted Uses in the Parks and Open Space Zone
13.2.1. The following tables shall outline the permitted uses in the Parks and Open
Space (PO) Zone, subject to the following scheme:
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Residential Uses in the Parks and Open Space Zone
PO
Home-based Business
P
P = permitted | S = site plan | DA = development agreement
Other Uses in the Parks and Open Space Zone
PO
Government Buildings and Uses
P
Parking Lot
S
Parks and Playgrounds
P
Recreational Uses
P
Conservation Uses
P
Urban Agricultural Uses
P
P = permitted | S = site plan | DA = development agreement
13.3. Parks and Open Space Zone Development Standards
13.3.1. Except as otherwise permitted in this Bylaw, the Development Officer shall not
issue a development permit for a use on a lot in the Parks and Open Space
(PO) Zone unless the following requirements are met:
Requirement
All Permitted Uses
(a) Minimum Front/Flanking Setback
4.5 m
(b) Minimum Rear Setback
4.5 m
(c) Minimum Side Setback
3.5 m
(d) Maximum Structure Height
10.0 m
13.3.2. The following minimum standards shall apply to lots in the Parks and Open
Space (OS) Zone:
Requirement
All Permitted Uses
(a) Minimum Lot Area
i. Serviced lot
ii. Unserviced lot
650.0 m2
Minimum required by NSE for septic approval
(b) Minimum Lot Frontage
15.0 m
NSE = Nova Scotia Department of Environment and Climate Change
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14. Institutional Zone
14.1.
Special Requirements for Institutional Zone
14.1.1. In addition to all other applicable requirements of this Bylaw, uses in the
Institutional (I) Zone shall be subject to the requirements of this section.
Existing Residential Uses
14.1.2. Existing residential shall be considered non-conforming.
Buildings on Abutting Lots
14.1.3. Notwithstanding other parts of this Bylaw, buildings on abutting lots within the
Institutional (I) Zone, which are under the same ownership, may be joined or
physically attached.
14.2. Permitted Uses in the Institutional Zone
14.2.1. The following tables shall outline the permitted uses in the Institutional (I)
Zone subject to the following scheme:
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Residential Uses in the Institutional Zone
I
Home-based Business
P
Nursing Home
P
Residential Care Facilities
P
Small Options Home
P
P = permitted | S = site plan | DA = development agreement
Commercial and Industrial Uses in the Institutional Zone
I
Business or Professional Office
P
Commercial Recreation - Outdoor
P
Day Care Centre
P
Restaurant
» Drive-through
» Eat-in
» Take-out, less than 20 m2 GFA
» Take-out, 20 m2 GFA or more
-
-
P
-
P = permitted | S = site plan | DA = development agreement
Other Uses in the Institutional Zone
I
Cemetery
P
Community Centre
P
Cultural Facility
P
Emergency Services
P
Government Buildings and Uses
P
Hospital
P
Medical Clinic
P
Parking Lot
S
Private Club
P
Place of Worship
P
P = permitted | S = site plan | DA = development agreement
I
Parks and Playgrounds
P
Town of Mahone Bay Land Use Bylaw
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Recreation Centre
P
Recreational Uses
P
School
» Academic
» Post-secondary
» Commercial
P
P
P
Conservation Uses
P
Urban Agricultural Uses
P
P = permitted | S = site plan | DA = development agreement
Town of Mahone Bay Land Use Bylaw
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14.3. Institutional Zone Development Standards
14.3.1. Except as otherwise permitted in this Bylaw, the Development Officer shall not
issue a development permit for a use on a lot in the Institutional (I) Zone
unless the following requirements are met:
Requirement
All Permitted Uses
(a) Minimum Front/Flanking Setback
4.5 m
(b) Minimum Rear Setback
4.5 m
(c) Minimum Side Setback
3.5 m
(d) Maximum Structure Height
13.5 m
14.3.2. The following minimum standards shall apply to lots in the Institutional (I)
Zone:
Requirement
All Permitted Uses
(a) Minimum Lot Area
i. Serviced lot
ii. Unserviced lot
650.0 m2
Minimum required by NSE for septic
(b) Minimum Lot Frontage
21.0 m
NSE = Nova Scotia Department of Environment and Climate Change
Town of Mahone Bay Land Use Bylaw
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15. Conservation Zone
15.1.
Conservation Zone
Uses Permitted As-of-Right
15.1.1. The following uses shall be permitted in the Conservation (C) Zone, subject to
all applicable requirements of this Bylaw:
Development Standards
15.1.2. Except as otherwise permitted by this Bylaw, the Development Officer shall
not issue a development permit for a use on a lot in the Conservation (C) Zone
unless the following requirements are met:
Requirement
All Permitted Uses
(a) Minimum Lot Area
0.0 m2
(b) Minimum Lot Frontage
0.0 m
(c) Minimum Front/Flanking Setback
0.0 m
(d) Minimum Rear Setback
0.0 m
(e) Minimum Side Setback
0.0 m
(f) Maximum Structure Height
10.0 m
Town of Mahone Bay Land Use Bylaw
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16. Site Plan Approval
16.1.
Commercial, Industrial, and Institutional Site Plan Criteria
16.1.1. Where a zone permits a commercial, industrial, or institutional use by site plan
approval, the Development Officer shall approve a site plan where the
requirements of this Land Use Bylaw and the following matters have been
addressed:
Sewage Disposal
Access to Town Streets
Easements
Emergency Services
Location of New Structure
Town of Mahone Bay Land Use Bylaw
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Parking and Outdoor Storage
Pedestrian Access
Servicing and Utilities
Town of Mahone Bay Land Use Bylaw
87
Landscaping and Vegetation
Site Grading and Land Alterations
Exterior Lighting
Drive-through Uses
i.
Only one (1) drive-through service shall be permitted on a lot.
ii.
When a drive-through service or drive-through restaurant is within
60.0 metres of a dwelling, any intercoms, speakers, and services
windows shall be located in a manner so as to minimize noise along
with the use and careful siting of physical noise buffers, including,
but not limited to, berms and sound walls.
iii.
Drive-through stacking lanes, and all associated entrances and exits
to stacking lanes, shall be separated from parking areas, points of
access, and the street using landscaped strips and islands.
iv.
Stacking lanes shall not be located closer to the front lot line than
the main building.
Town of Mahone Bay Land Use Bylaw
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v.
Entrances to stacking lanes shall be configured as to minimize
conflict with vehicle access points from the street or on-site
automobile parking.
vi.
Stacking lanes shall provide an adequate number of queuing spaces,
determined by a qualified professional and confirmed by the Town's
Traffic Authority, to accommodate peak demand for the proposed
use.
vii.
Each space within a stacking lane shall be a minimum of 6.5 metres
in length and 3.0 metres in width.
viii.
At least two (2) waste and recycling bin stations shall be placed
outside a drive-through restaurant, with at least one in a visible/
accessible area near the drive-through lane.
Licensed Liquor Establishments
i.
Outdoor decks and patios shall be located and screened as
appropriate to minimize their effect on adjacent uses and their
visibility from any street.
ii.
Parking lots shall be screened from adjacent dwellings, academic
schools, and places of worship by privacy fences.
iii.
Parking lots and driveways for the use of patrons shall not be
located in any minimum setback that abuts a dwelling, academic
school, or place of worship.
Micro-brewery and Micro Distillery
i.
Parking lots shall be screened from adjacent dwellings, academic
schools, recreational uses, and places of worship by privacy fences.
ii.
Parking lots and driveways for the use of patrons shall not be
located in any minimum setback that abuts a dwelling, recreational
use, academic school, or place of worship.
16.1.2. The applicant shall enter into a written undertaking to carry out the terms of
the site plan approval.
Town of Mahone Bay Land Use Bylaw
89
16.2. Residential Site Plan Criteria
16.2.1. Where a zone permits residential uses by site plan approval, the Development
Officer shall approve a site plan where the requirements of this Land Use
Bylaw and the following matters have been addressed:
Sewage Disposal
Access to Town Streets
Easements
Emergency Services
Location of New Structure
Town of Mahone Bay Land Use Bylaw
90
Parking and Outdoor Storage
Pedestrian Access
Servicing and Utilities
Town of Mahone Bay Land Use Bylaw
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Landscaping and Vegetation
Site Grading and Land Alterations
Exterior Lighting
16.2.2. The applicant shall enter into a written undertaking to carry out the terms of
the site plan approval.
Town of Mahone Bay Land Use Bylaw
92
16.3. Parking Lots
16.3.1. Where a zone permits parking lots as a main use by site plan approval, the
Development Officer shall approve a site plan where the requirements of this
Land Use Bylaw and the following matters have been addressed:
Access to Town Streets
Easements
Parking Areas
Landscaping
Perimeter
Town of Mahone Bay Land Use Bylaw
93
Site Grading and Land Alterations
Exterior Lighting
16.3.2. The applicant shall enter into a written undertaking to carry out the terms of
the site plan approval.
Town of Mahone Bay Land Use Bylaw
94
17. Definitions
A
Abattoir means the use of a building, structure, or part thereof, for slaughtering
animals but does not include the slaughtering of game animals for personal use.
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 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 incidental to a main use of land
or building located on the same lot.
Adult Entertainment means premises providing services or entertainment intended to
appeal to sexual appetites, such as adult cabarets, adult theatres, and massage
parlours, but excludes the standalone retailing of adult material.
Affordable Housing means housing that costs less than 30% of before-tax household
income. For the purposes of this definition, housing costs include the following:
For renters: rent and any payment for electricity, fuel, water, and other
municipal services.
For owners: mortgage payments (principal and interest), property taxes, and
any condominium fees along with payments for electricity, fuel, water, and
other municipal services.
Agriculture-related Uses means the use of land, buildings, or structures
for processing and storage of agricultural crops, the production of farm products, and
the sale of farm products and agricultural products produced on the land, but does
not include commercial livestock operations or abattoirs.
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Animal Care means the use of buildings or structures for the care of domestic animals
and includes veterinary care and grooming, but does not include the breeding of
animals, animal day care, or overnight boarding. No outside area may be devoted to or
used as part of an animal care use, including, but not limited to, kennels, fenced areas,
or any other outdoor space.
Animal Shelter means a facility that holds or boards seized, surrendered, abandoned,
or lost domestic pets (e.g., dogs, cats, birds), but does not include livestock. No
outside area may be devoted to or used as part of an animal shelter use, including, but
not limited to, kennels, fenced areas or any other outdoor space.
Art Gallery / Studio means a building, place, or area where paintings, sculptures, or
other works of art are produced, exhibited, and/or sold.
Automobile Body Shop means a building or premises used primarily for the commercial
repair of damage to the chassis of an automobile, including major and minor collision
damage, frame and panel straightening, repainting and refinishing and similar activity.
Automobile Repair Shop means a building or part of a building used for the repair and
service of motor vehicles and may include muffler, brake, radiator, engine, tire, glass
replacement, wheel alignment, and other specialized activities directly related to the
repair or alteration of motor vehicles, but 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.
Automobile Service Station means a building or part of a building 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.
Awning or Canopy means an overhead structure supported entirely from the exterior
wall of a building and composed of non-rigid materials except for the supporting
framework, used to shelter a window or doorway.
Town of Mahone Bay Land Use Bylaw
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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.
Boarding House means a dwelling in which the proprietor supplies either room or room
and board for monetary gain and which is not open to the public.
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.
Building and Construction Contractor means the use of buildings or land for the storage
of materials and small tools in support of a building and construction-related trade
such as, but not limited to, carpenters, electricians, masons, and plumbers, but does
not include the storage of heavy equipment.
Building Official means the person or persons, or designate, appointed by Council from
time to time to administer the Building By-law.
Business of Professional Office means the use of a building or portion of a building
where business may be transacted, a service performed or consultation given, and
includes, but is not limited to, offices, lawyers, architects, engineers, planners,
accountants, real estate agents, and photographers but shall not include any place
where manufacturing of any product or selling of goods is carried on.
Town of Mahone Bay Land Use Bylaw
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C
Campground means the use of land, or part thereof, for providing an overnight
camping experience to the travelling public in tents, yurts, bunkies, travel trailers,
recreational vehicles, campers, and similar structures and/or vehicles.
Carport means a structure enclosed with canvas, tarping, or similar materials, or a
roofed open-side structure, intended for the sheltering of automobiles from the
elements and may include decorative screening.
Cemetery means the land used 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.
Commercial Livestock Operation means an operation in which farm animals, including,
but not limited to, horses, swine, fox, mink, fowl, emu, llama, roosters, and ruminants
are kept in a building, feedlot, or other facility for feeding, breeding, milking, holding for
riding, meat, fur, or egg production, but does not include a hobby livestock building or
urban agricultural uses.
Commercial Recreation, Indoor means a building or part of a building used 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, 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, but does not include campgrounds, RV parks, 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; "pro shops" and other rental, maintenance,
and retail sales of equipment related to the recreation activity; spas; child minding
services; and staff accommodations.
Conservation Use means the use of land intended for the protection and preservation
of water, soil, plants, and animals.
Town of Mahone Bay Land Use Bylaw
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Convenience Store means a building or part of a building used for the retail sale of a
limited line of grocery and confectionary items, which serve the needs of the local
neighbourhood.
Corner Vision Triangle means that triangular portion of a corner lot established by
measuring along the street lines a distance of six (6) metres from their point of
intersection and joining the points so established with a straight line, and includes the
space situated vertically above said triangular area.
Council means the Council of the Town of Mahone Bay.
Craft Product means products assembled or made by hand or small custom
production processes including but not limited to potters, pewterers, goldsmiths,
silversmiths, jewelers, toy makers, leather workers, upholsterers, woodworkers,
furniture makers, musical instrument makers, clothing designers and makers,
shoemakers, antique refinishers, glass or stained-glass workers, and caterers.
Craft Shop means a building or part of a building where craft products are offered for
sale to the general public.
Cultural Facilities means the use of land, buildings, or part thereof, for the promotion of
art, culture, and learning and without limiting the generality of the foregoing includes
public art galleries, libraries, museums, theatres, visual arts centres, and other similar
uses.
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D
Day Care Centre means a place where people are cared for without overnight
accommodation but does not include a school.
Development means any erection, construction, alteration, placement, replacement,
location, relocation of, or addition to any structure and any change or alteration in the
use made of land or structures.
Development Agreement means a legal agreement between Council and a property
owner governing the use of the property owner's land, as enabled by the Municipal
Government Act and Municipal Planning Strategy and registered on title.
Development Officer means the person or persons, or designate, appointed by Council
from time to time to administer the Land Use Bylaw and Subdivision Bylaw.
Development Permit means the permit issued by the Development Officer certifying
that a proposed development complies with the provisions of the Land Use Bylaw.
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, and shall include a modular home but shall not include a fixed-roof
overnight accommodation, mobile home, mini home or recreational vehicle.
Dwelling, Accessory means a subservient dwelling either located within a single-
unit dwelling or a two-unit dwelling or in a building on a lot with a single-unit
dwelling, a two-unit dwelling, or a triplex dwelling.
Dwelling, Converted means a single-unit dwelling converted to contain a greater
number of dwelling units than the dwelling contained prior to that conversion.
Dwellings, Grouped means two or more dwelling units contained in two or more
dwellings located on a single lot.
Dwellings, Multi-unit means a dwelling containing four or more dwelling units,
but does not include a converted dwelling or a dwelling that is part of grouped
dwellings.
Dwelling, Single-unit means a dwelling containing one dwelling unit or one
dwelling unit and an accessory dwelling.
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Dwelling, Two-unit means a dwelling divided horizontally or vertically into two
dwelling units, each of which has an independent entrance either directly or
through a common vestibule.
Dwelling, Triplex means a dwelling divided horizontally or vertically into three
dwelling units, each of which has an independent entrance either directly or
through a common vestibule.
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.
Town of Mahone Bay Land Use Bylaw
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E
Electrical Vehicle Charging means infrastructure that supplies energy for the charging of
electric vehicles such as plug-in electric and hybrid vehicles.
Electrical Vehicle Charging, Commercial means a building or part of a building or a
clearly defined space on a lot used for the retail sale of energy for the charging
of electric vehicles such as plug-in electric and hybrid vehicles 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
Electrical Vehicle Charging, Non-commercial means a premise with infrastructure
that supplies energy for the charging of electric vehicles such as plug-in
electric and hybrid vehicles without charging a fee.
Emergency Services means a building or use of land for the protection of public health,
safety, and property and shall include, but is not limited to, fire stations, ambulance
depots, police stations, and search-and-rescue facilities, but does not include a
correctional facility.
Erect means to build, construct, reconstruct, alter or relocate and without limiting the
generality of the foregoing shall include any preliminary physical operation such as
excavating, grading, piling, cribbing, filling or draining, or structurally altering any
existing building or structure by an addition, deletion, enlargement or extension.
Existing means legally existing on the effective date of this Bylaw.
Extended Care Facility means a medical institution that provides prolonged care (as in
cases of prolonged illness or rehabilitation from acute illness) or end-of-life (hospice)
care.
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F
Farm Market means the use of land, buildings, structures, or part thereof for the
purpose of selling seasonal fresh produce, craft products, and ready-to-eat food by
independent vendors.
Fishery Related Industries means the use of land, buildings, or part thereof in support of
the fishery and without limiting the generality of the foregoing includes commercial
storage of fishing vessels, gear, and other related materials; docks; boat launches; and
repair facilities; but does not include fish processing.
Fishing Vessel means any watercraft engaged on a part-time or full-time basis for use
in the commercial fishery.
Fixed-roof Overnight Accommodation means 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, for a period of 30 days or less, 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,
cottage or cabin rentals.
Footprint means the total ground floor area of a building enclosed within the exterior
faces of the exterior main walls, and for the purpose of this definition, the walls
forming a courtyard shall be deemed exterior main walls.
Forestry Uses means uses associated with the forestry industry, including sawmills,
maple sugaring operations, Christmas tree u-picks, shingle mills, vehicle and
equipment storage, maintenance buildings and yards, and retail and wholesale outlets
for wood and wood products but shall not include uses for the production of pulp.
Funeral Home means a building used for the preparation, temporary display, and/or
funeral ceremony of deceased persons and may include a crematorium.
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G
Garden Centre means a building or structure and lands associated therewith, for the
growing of flowers, fruits, vegetables, plants, shrubs, trees or similar vegetation
together with gardening tools and implements and that are sold at retail from such
buildings or lot to the general public.
Grade means:
Gross Floor Area ("GFA") means the sum of the floor areas of a building above and
below grade, measured between the exterior faces of the exterior walls of the building
at each floor level, and for the purpose of this definition, the walls forming a courtyard
shall be deemed to be exterior walls.
H
Habitable Area means an enclosed area of a building designed and/or used for any
purpose other than parking of vehicles (including boats), building access, or
commercial/industrial storage.
Heavy Equipment Sales and Rentals means a building or part of a building or structure in
which heavy equipment and machinery are offered or kept for sale, rent, lease or hire
under agreement for compensation.
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Height means the vertical distance on a building or structure between the established
grade and:
and excluding any construction used as ornament or for the mechanical operation of
the building or structures, a mechanical penthouse, chimney, tower, cupola, or steeple.
Hobby Livestock Building means a building or structure for the shelter of horses, ponies,
sheep, goats, fowl, cows, or swine and with a gross floor area not exceeding 200.0
square metres.
Home-based Business means a business activity that is accessory to a dwelling and
involves the provision or sale of goods and/or services to the public and where the
dwelling is the principal residence of the business operator.
Hospital means an institution for the treatment of persons afflicted with or suffering
from sickness, disease or injury and may or may not include a medical clinic.
I
Interpretive Centre means the use of a building or 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.
Industrial Use means the use of a building or part thereof, or the use of land for the
manufacturing, processing, fabrication or assembly of raw materials or goods,
warehousing, or bulk storage of goods, equipment, and machine servicing and related
accessory uses.
Heavy Industrial Use 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.
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J
K
Kennel means a commercial establishment where dogs and other domestic animals,
excluding livestock, are bred, raised and sold or kept for sale or a boarding, or animal
day care.
L
Licensed Liquor Establishment means a cabaret, lounge, beverage room, and/or bar
licensed under the Nova Scotia Liquor Control Act or successor legislation.
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 access provided by a driveway that is part of the
flag lot, and that runs beside the lot or lots between the main portion of the flag
lot and the street or private road that provides access to the driveway. A lot
shall not be considered a flag lot where the portion of the lot providing access
via the street or private road is greater than 20 meters in width along its whole
length.
Lot Area means the total horizontal area within the lot lines of a lot.
Lot Coverage means the combined area of land covered by buildings and roofed
structures on a lot, including land over which buildings project, but excluding any area
below the eaves of the roof. Portions of a building which are not covered by a roof
such as an unsheltered step, a veranda, or a deck, are excluded from the calculation
for lot coverage.
Lot Depth means the average horizontal distance between the front lot line and the
rear lot line.
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.
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Lot Line means a boundary line of a lot.
Flankage Lot Line means a side lot line that abuts the street or private road on a
corner lot.
Front Lot Line means the line dividing the lot from the street or private road. In
the case of a corner lot or a lot with more than one line abutting a single street
or private road the shorter boundary line abutting the street or private road
shall be deemed the front lot line. In the case of a through lot the longer
boundary dividing the lot from the street or private road shall be deemed to be
the front lot line. In the case of a lot which does not abut a street or private
road, the front lot line shall be determined by the orientation of the front door of
the main building on the lot.
Rear Lot Line means the lot line furthest from or opposite to the front lot line.
Side Lot Line means a lot line other than a front, flankage, or rear lot line.
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M
Main Building means the building designed or used for the principle use on the lot.
Main Wall means the exterior front, side, or rear wall of a building or structure, and
includes but is not restricted to all structural members essential to the support of a
fully or partially enclosed space or roof and any decks, bay windows, steps, porches,
verandas, and balconies.
Manufacturing means the production and/or assembly and/or packaging of goods
and/or materials, including processed food and/or drink not intended for immediate
consumption but shall not include micro-brewery or micro distillery uses.
Manufacturing, Light means manufacturing where the use is conducted entirely
within an enclosed building and the use is not obnoxious, and may include
accessory retail or wholesale sales of products produced on-site.
Marina means a commercial establishment or premise, containing docking facilities
and located on a navigable waterway, where boats and boat accessories are stored,
serviced, repaired, or kept for sale or rent and may include the sale of fuel and
incidental supplies for the boat owners, crews and guests
Marine Recreation Providers means 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, jet ski rentals, but does not include
uses related to the commercial fishing industry.
Medical Clinic means a building or part of a building where medical or therapeutic
diagnosis and/or treatment services are provided to the general public but does not
include a public or private hospital or a professional office located in the practitioner's
home.
Micro-brewery means the use of a building or land for a craft brewery or cidery
engaged in the production and packaging of less than 15,000 hectolitres of beer,
cider, ale, or other related beverages per calendar year.
Micro-distillery means the use of a building or land for a craft distillery engaged in the
production and packaging of less than 75,000 litres of liquor and spirits, other than
beer, wine, or cider, per calendar year.
Mini Home means a detached single dwelling designed for transportation after
fabrication that arrives at the site on a flatbed or other trailer where it is to be
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occupied as a dwelling complete and ready for occupancy (except for minor and
incidental unpacking and assembling operations), which may be connected to utilities
and a septic disposal system. The foregoing shall not include modular homes or
mobile homes.
Mobile Home means a detached dwelling designed for transportation after fabrication
on its own wheels that arrives at the site where it is to be occupied as a dwelling
complete and ready for occupancy (except for minor and incidental unpacking and
assembling operations), located on wheels, jacks, or permanent foundation, and
which may be connected to utilities and a septic disposal system. The foregoing shall
not include modular homes or mini homes.
Modular Home means any dwelling unit constructed in accordance with the standards
set out in the National Building Code and composed of components substantially
assembled in a manufacturing plant and transported to the building site for final
assembly on a permanent foundation.
Municipal Government Act ("Act") means the Municipal Government Act, SNS 1998,
Chapter 18 and amendments thereto.
Municipal Planning Strategy means the Municipal Planning Strategy of the Town of
Mahone Bay.
N
Nursing Home means an extended or immediate care facility licensed under the Homes
for Special Care Act, or successor legislation, to provide full time skilled nursing care
to individuals who, by reason of age, chronic illness or infirmity, are unable to care for
themselves.
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O
Ordinary High Watermark means the highest level reached by a body of water that has
been maintained for a sufficient period of time to leave evidence on the landscape. It
may be indicated by the destruction of dry-land vegetation, the presence of marks on
trees or debris deposits. It is usually the point at which natural vegetation shifts from
predominantly water-dependent species to dry-land species.
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.
Outdoor Waterstove/Wood-burning Furnace means any individual furnace located
outdoors and outside the structure it serves that is designed to burn wood and wood
products for the purpose of heating liquid and air which is piped into said structure.
P
Parks and Playgrounds means the use of land for passive recreation and landscaping
features and shall include, but is not limited to, greens, walking paths, play structures,
ponds, fountains, and dog parks.
Personal Service Shop means a building or part of a building in which persons are
employed in furnishing services and otherwise administering to the individual and
personal needs of persons and without 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.
Personal Storage Building means an enclosed or partially enclosed structure for the
storage of materials or goods in which no business, occupation, or service is
conducted for profit.
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Pet Grooming means a use wholly contained within a building or part of a building for
the hygienic care and cleaning of domestic pets for which there is financial
remuneration. No outside area may be devoted to or used as part of a pet grooming
use, including, but not limited to, kennels, fenced areas or any other outdoor space.
Place of Worship means a place dedicated to religious worship and may include, but is
not limited to, halls or auditoriums for religious gathering, accessory office space for
administrators, day nurseries operated for patrons, and classroom space for religious
instruction.
Private Club means a building or part of a building used as a meeting place for
members of an organization and may include a lodge, a legion, a fraternity or sorority
house, and a labour union hall.
Private Road means any road or throughfare accessible to motor vehicles which is not
owned and maintained by the Town of Mahone Bay or the Nova Scotia Department of
Public Works.
Public Façade means that part of the exterior of a building or structure which can be
seen from public property such as streets, the harbour and public wharves
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.
Q
Qualified Person means an individual who has undergone proper educational training
and gained experience and expertise to become certified or recognized as able to
practice in a particular profession in the province of Nova Scotia and, if required by
applicable legislation, is a member in good standing in the professional body
representing and/or regulating the profession in Nova Scotia.
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R
Reconstruct when used with reference to a building or structure, means to build a
wholly or substantially new building or structure in the same location as an existing
building or structure, where the original existing building or structure has been wholly
or partially removed and the resulting building or structure is of substantially the same
dimensions and volumes as the original building or structure as demonstrated by
photographs or measured drawings of the original structure.
Recreation Centre means a building or part of a building used for recreation facilities
such as, but not limited to, indoor swimming pools, indoor ice arenas, indoor curling
rinks, gymnasiums, weight rooms, and changing facilities.
Recreational Use means the use of land for tennis courts, lawn bowling greens, outdoor
skating rinks, outdoor skateboard parks, athletic fields, band shells, pavilions, outdoor
swimming pools, recreational boat launches, and non-commercial uses similar to the
foregoing, together with necessary and accessory buildings and structures, but not
including recreation centres or indoor commercial recreation or outdoor commercial
recreation or a track for the racing of animals, or any form of motorized vehicles.
Recreational Vehicle ("RV") means a vehicle intended as temporary accommodation for
travel, vacation, or recreational use. Such vehicles may include, but are not limited to,
a motor home, fold-down camping trailer, truck camper, holiday trailer, or fifth wheel
travel trailer, but does not include any vehicle that meets the definition of a derelict
vehicle under the Municipal Government Act.
Recycling Depot means 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.
Repair when used with reference to a building or structure means to renovate or mend
by replacing or repairing parts without altering the size or volume of the building or
structure.
Replace when used with reference to a building or structure means to build a wholly or
substantially new building or structure on a lot where the original building or structure
has been partially or wholly demolished.
Residential Care Facility means a family home, group care facility, or similar facility for
the non-medical care of more than four persons, but not exceeding nine persons, in
need of personal services, supervision, or assistance essential for sustaining the
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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 a building or part thereof where food and/or drink intended for
immediate consumption is prepared and served to the public.
Restaurant, Drive-through means a restaurant or part thereof where the intent is
to provide food and/or drink to customers while they remain in their motor
vehicles.
Restaurant, Eat-in means a restaurant or part thereof where food and/or drink
may be consumed within the building or on an attached, formalized outdoor
space.
Restaurant, Take-out means a restaurant or part thereof that does not provide
facilities for consumption of food or drink on the premises, or only provides
informal outdoor eating facilities such as picnic tables.
Retail Lumber and Home Improvement Yard means the outdoor storage and display of
lumber and other building supplies for sale. For greater clarity, retail sale contained
wholly within a building shall be considered as a retail store.
Retail Store means a building or part of a building 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,
retail lumber and home improvement supplies, or heavy equipment sales and rentals.
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S
Salvage 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.
School, Academic means an educational establishment, whether public or private,
intended for the academic instruction of students up to the completion of Grade 12,
and may include elementary schools, junior high schools, high schools, and
consolidated schools, but does not include daycares as the main use.
School, Commercial means an educational establishment, whether public or private,
intended for instruction in extracurricular activities and/or vocational skills and shall
include, but is not limited to, dance schools, music schools, sports schools, driving
schools, culinary institutes, cosmetology, computer schools, and other similar
schools, but does not include post-secondary schools.
School, Post-secondary means a degree- or diploma-granting public educational
establishment intended for the academic instruction of students after the completion
of Grade 12.
Service and Repair Shop means a shop for servicing, repairing, installing, or renting
things and equipment, including but not limiting the generality of the foregoing, the
following: radio or television service or repair shops, locksmith shops, small appliance
service or repair shops, small engine repair shops, household and carpenter tool
service and repair shops, but shall not include industrial, manufacturing, or motor
vehicle repair shops.
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Setback means the horizontal distance between the specified lot line and the nearest
main wall of any building or structure, excluding any encroachments permitted in this
Bylaw, and extending the full width or length of the lot.
Setback, Flankage means the horizontal distance measured from the flankage
lot line and the nearest main wall of any building or structure on the lot.
Setback, Front means the horizontal distance extending the full lot width,
between the front lot line and the nearest main wall of any building or structure
on the lot.
Setback, Rear means the horizontal distance extending across the full lot width,
between the rear lot line and the nearest wall of any main building or structure
on the lot.
Setback, Side means the horizontal distance between the front setback and rear
setback, and between the side lot line and the nearest wall of any main
structure on the lot.
Sign means any structure, device, light or natural object including the ground itself, or
any part thereof, or any device attached thereto or painted, projected, or represented
thereon, which shall be used to identify, or advertise, any object, product, place,
activity, person, institution, organization, firm, group, commodity, profession,
enterprise, industry or business, or which shall display or include any letter, work,
model, number, banner, flag, pennant, insignia, device or representation used as an
identification or advertisement.
Changeable Copy Sign means a section of an otherwise permanent sign that
allows the message to be amended, updated, or otherwise modified using
manual means.
Electronic Message Board Sign means a section of a permitted ground sign that
allows the message to be amended, updated or otherwise modified using
digital means including, but not limited to, light-emitting diode (LED) displays,
liquid crystal diode (LCD) displays, or plasma displays.
Ground Sign means a sign supported by one or more upright poles, columns, or
braces placed in or on the ground and not attached to any building or structure,
and shall include commercial flag signs.
Projecting Wall Sign means a sign that is attached to and projects from a
structure or building face.
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Sandwich Board Sign means a sign consisting of two surfaces attached to each
other at the top and designed so as to stand temporarily without foundation or
other support on a lot or sidewalk without electric or other service connection.
Wall Sign means a sign attached to, painted on, or erected against a wall of a
building, with the face horizontally parallel to the building or street.
Window Sign means a sign displayed inside of a window or glass door and is
legible from off the premise.
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.
Short-term Rental means the use of a dwelling unit where guest sleeping facilities are
contained within one building on a lot, intended to provide accommodation to the
traveling public, and where the facilities on the lot are only rented to one party at a
time. The short-term rental may include the provision of private cooking facilities but
shall not include facilities that are open to the general public such as meeting rooms,
restaurants, or entertainment facilities.
Sleeping Unit means a lockable room or rooms provided for the use of a single party
and may or may not include an en suite washroom and/or a fridge and microwave.
Small Option Home means a family home, group care facility, or similar facility for the
non-medical care for up to four 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.
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Solar Collector System means a structure or array of structures, and ancillary
equipment, designed to collect solar radiation and convert it to useable forms of
energy. Without restricting the generality of this definition, solar collector system may
include evacuated tubes, flat plate collectors, concentrating mirrors, and building-
integrated photovoltaic materials but does not include windows or greenhouses.
Solar Collector System, Accessory means a solar collector system designed and
sized with a primary purpose to offset or meet the energy needs of other uses
on the site. While such systems may generate, on an annual basis, a small
monetary profit through programs such as net metering, such profits shall be
secondary and incidental to the purpose of offsetting on-site energy needs.
Solar Collector System, Commercial means a solar collector system designed and
sized with a primary purpose to provide electricity or other forms of energy to
the grid or other off-site uses.
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.
T
Town means, where the context dictates, either the Body Corporate of the Town of
Mahone Bay, or the geographical area incorporated as the Town of Mahone Bay
Transportation Service means 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.
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U
Urban Agriculture means the use of land and accessory buildings for agricultural
activities on a hobbyist scale and shall include community gardens, small-scale bee
keeping, and small-scale keeping of chickens and/or meat rabbits, but shall not
include the keeping of any other livestock.
Use means the purpose for which any land, building, or structure is utilized.
V
Variance means a relaxation or reduction of the Land Use Bylaw requirements for a
specific site, as stipulated in the Municipal Government Act.
Veterinary Clinic means indoor premises designed or used for the care, observation,
and treatment of animals.
W
Watercourse means the bed and shore of a lake, river, stream, pond, wetland, or other
natural body of water, and the water therein, but this definition does not include the
ocean.
Warehouse means a building or part of a building where goods or wares are stored but
shall not include a retail store or production or assembly of goods or materials.
Wind Turbine means a machine and supporting structure designed to convert wind
energy into mechanical or electrical energy.
X
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Y
Yard means an open, uncovered space on a lot appurtenant to a building or structure
or a specified land use, and in determining yard measurements, the minimum
horizontal distance from the respective lot lines shall be used; and for greater
certainty:
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 rear yard
and between the side lot line and the nearest main wall of any main building on
the lot.
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Z
Zone means a specified area of land shown on Schedule 'A' of this Bylaw.
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Summary of Amendments
Council Adoption
Date
Effective Date
Reference
Number
File or Project
General Nature of the Change
July 24, 2024
August 7, 2024
Rezoning
April 24, 2025
May 21, 2025
Residential Parking Requirements
June 26, 2025
July 29, 2025
`
Rezoning Hawthorn
October 21, 2025 November 12, 2025
Section 5.12 language
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18. Schedules and Appendices
18.1.1. Schedules form an official part of this By-law.
18.1.2. Appendices may be changed by resolution of Council without formally
amending this Bylaw.
Schedule 'A'
Zoning Maps
Schedule 'B'
Architectural Control Overlay
Schedule 'C'
Watercourse and Waterbodies Map
Schedule 'D'
Coastal Flood Risk Map
Appendix 'A'
Areas of Increased Parking Requirements
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Appendix 'A' - Areas of Increased Parking
Requirements
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