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Middleton Land Use By-law Effective 18.11.15 (amended 23.05.11; 23.12.04; 24.12.16; 25.09.15)
Town of Middleton
Land Use By-law
Middleton Land Use By-law Effective 18.11.15 (amended 23.05.11; 23.12.04; 24.12.16; 25.09.15)
Table of Contents
Part 1
Title
1
Part 2
Administration
2
Part 3
Definitions
8
Part 4
Zones and Zoning Map
32
Part 5
General Provisions for all Zones
34
Part 6
Signs
49
Part 7
Residential (R) Zone
54
Part 8
Residential Mixed Use (RMU) Zone
56
Part 9
Residential Future High Density (RFH) Zone
58
Part 10
Residential Holding (RH) Zone
60
Part 11
Commercial Downtown (CD) Zone
61
Part 12
Commercial General (CG) Zone
64
Part 13
Industry and Commercial Enterprise (ICE) Zone
66
Part 14
Institutional (INS) Zone
68
Part 15
Recreation and Open Space (OS) Zone
70
Part 16
Environmentally Sensitive Area (ESA) Zone
71
Part 17
Wellfield Overlay
72
Middleton Land Use By-law Effective 18.11.15 (amended 23.05.11; 23.12.04; 24.12.16; 25.09.15)
Version
Date
Editor
Description of Change
2024-12-16
2025-10-31
Brighter Community
Planning and
Consulting
Added parking amendments to
section 5.27 -reduced parking to
multiunit dwellings
2024-12-16
2025-10-31
Brighter Community
Planning and
Consulting
Added parking amendments to
section 5.27 - Dwellings inside
Station Street, Connaught Ave,
Gates Avenue, and Jones Avenue
as shown on Schedule B
2024-12-16
2025-10-31
Brighter Community
Planning and
Consulting
Added Schedule B - Parking
Standards Map
Schedule A Zoning Map
Middleton Land Use By-law Effective 18.11.15 (amended 23.05.11; 23.12.04; 24.12.16; 25.09.15)
The following is the text of the Land Use By-law of the Town of Middleton, as approved by
the Minister of Municipal Affairs on November 15, 2018.
Page 1 of 76
Part 1
Title and Purpose
1.1
Title
This By-law shall be known and may be cited as the "Land Use By-law of the Town
of Middleton".
1.2
Purpose
The purpose of this By-law is to implement the land use and development control
provisions of policies contained in the Town's Municipal Planning Strategy as
enabled through the Municipal Government Act.
Page 2 of 76
Part 2
Administration
2.1
Development Officer
2.1.1 This By-law shall be administered by the Development Officer, who shall be
responsible for the issuance of Development Permits.
2.1.2 In the absence or incapacity of the Development Officer, the Acting
Development Officer appointed by Council shall act in the Development
Officer's stead.
2.2
Development Permit
2.2.1 No person shall use any land or erect, alter, or use any building or structure
or otherwise undertake any development, unless a Development Permit has
been issued.
2.2.2 No Development Permit shall be issued, unless all the provisions of this By-
law or the terms of a variance or development agreement relating to a
proposed development are satisfied.
2.2.3 No Development Permit shall be issued by the Development Officer, unless
the proposed development is in conformance with:
a)
the requirements of the Land Use By-law; or
b)
a development agreement that has been executed pursuant to
Section 230 of the Municipal Government Act; or
c)
a variance from the terms of the By-law has been granted by the
Development Officer, pursuant to Section 235 of the Municipal
Government Act, and the time for appeal has elapsed or the appeal
has been disposed of, pursuant to Section 237 of the Municipal
Government Act.
2.2.4 A Development Permit shall be valid for a period of twelve (12) months from
Page 3 of 76
the date of issuance.
2.2.5 A Development Permit may be renewed for an additional twelve (12)
months provided that the Permit has not been previously renewed and the
Development Officer is satisfied that the Permit is consistent with the
existing Land Use By-law and any proposed amendments.
2.2.6 No deviation shall be made from the description of the proposed
development, without confirmation being obtained from the Development
Officer.
2.2.7 A development permit may be revoked, where a permit was issued on
mistaken or false information.
2. 3
Application for Development Permit and Development Agreement
2.3.1 All applications for a development permit and/or entering into of a
Development Agreement shall be made using the form prescribed by the
Town and shall be signed by the owner of the property or by the owner's
agent.
2.3.2 Every application for a Development Permit and/or Development Agreement
shall be accompanied by plans, in duplicate, drawn to an appropriate scale
and showing:
(a)
the true shape and dimensions of the lot to be used and upon which it
is proposed to erect any building or structure;
(b)
the proposed location, height, and dimensions of the building,
structure, or work in respect of which the permit is applied for;
(c)
the location of every building or structure already erected on or partly
on such lot and the location of every building upon abutting lots;
(d)
the location of all adjacent streets and rights-of-way, existing or
proposed driveways and lot access, and the proposed location and
dimensions of parking spaces, loading spaces, and internal vehicle
Page 4 of 76
circulation;
(e)
natural features such as wetlands, watercourses, vegetation, and
slopes;
(f)
other such information as may be necessary, to determine whether or
not
every
such
building,
development,
reconstruction,
or
redevelopment conforms with the requirements of this By-law; and
(g)
the Development Officer may waive the requirement to supply the
above noted information, if he/she deems it is not pertinent to the
application.
2.3.3 Where the Development Officer is unable to determine whether the
proposed development conforms to this By-law, the Municipal Planning
Strategy, or other by-laws and regulations in force that affect the proposed
development, he/she may require that the plans submitted under Part 2.3.2
be based upon an actual survey by a Nova Scotia Land Surveyor.
2.3.4 The application shall be signed by the registered owner of the lot or by the
owner's agent, duly authorized thereunto in writing, and shall set forth in
detail the current and proposed use of the lot and each building or structure,
or part of each building or structure, together with all information necessary,
to determine whether or not every such proposed use of land, building, or
structure conforms with the requirements of this By-law.
2.4
Amendment of the Land Use By-law
2.4.1 Any person who wishes to obtain the amendment, revision, or repeal of this
By-law shall submit an application, utilizing the form prescribed by the
Town.
2.4.2 The applicant shall deposit with the Town an amount estimated to be
sufficient to pay the cost of advertising required by the Municipal
Government Act.
2.4.3 After the notice of advertising required by the Municipal Government Act
Page 5 of 76
has been completed, the applicant shall pay to the Town any additional
amount necessary to defray the cost of advertising; or if there is a surplus,
the Town shall refund the same to the applicant.
2.5
Uses Considered by Development Agreement
The Municipal Planning Strategy provides that the following uses shall be
considered, approved and regulated by Development Agreement:
(a)
new multiple unit dwellings, townhouses dwellings, the conversion of
an existing residential structure containing seven (7) or more units and
the development of new day nurseries, bed and breakfast uses and
boarding and rooming houses in the Residential Designation pursuant
to MPS Policy R10;
(b)
the expansion of existing commercial structures and existing
commercial uses and the development of new structures for
commercial purposes within the Residential Mixed Use (RMU)
pursuant to Policy R14;
(c)
The conversion existing dwelling or the development of new multiple-
unit dwellings containing three (3) units or more and the development
of new day nurseries, bed and breakfast uses, group homes,
residential care facilities, boarding houses, and multiple dwellings on
a single lot within the Commercial Downtown (CD) Zone, pursuant to
MPS Policy C10, and in the Commercial General (CG) Zone, pursuant
to MPS Policy C13;
(d)
The reuse of any existing institutional use within the Institutional Designation
for residential purposes, pursuant to MPS Policy INS4;
(e)
The construction of a new permanent structure shall not be permitted
within the ESA Zone, pursuant to MPS Policy E4.
2.6
Registry of Deeds
Where Council has entered into a Development Agreement, a copy of the
Page 6 of 76
Agreement shall be registered by the Clerk in the Office of the Registrar of Deeds
for the County of Annapolis and, thereupon, the obligations thereof shall be binding
upon the owner and any subsequent owner until discharged by the Town.
2.7
Liability for Costs
2.7.1 Where Council does not initiate an amendment to this By-law, and where
Council is considering entering into a Development Agreement, the applicant
and/or the owner, shall pay an application processing fee and deposit with
the Town an amount estimated to be sufficient to pay the cost of advertising,
as required by the Municipal Government Act. If insufficient, after advertising
has been completed, the applicant shall pay to the Town any additional
amount relating to the actual costs related to advertising.
2.7.2 Where a variance from the requirements of the By-law has been applied for,
the Development Officer shall give notice to the persons entitled and in the
manner prescribed by the Municipal Government Act. This notice is to be
served by registered mail, and the applicant shall pay an application
processing fee and be responsible for the costs related to registered mail
service.
2.8
Violation and Penalty
2.8.1 The Council, or any of its duly authorized employees, shall have the right to
enter, at all reasonable times, into or upon any property within the area to
which this Land Use By-law applies, for the purpose of any inspection
necessary in connection with the administration of the Land Use By-law.
2.8.2 In the event of any alleged contravention of the provisions of this Land Use
By-law, the Town may take action as enabled through the Municipal
Government Act.
2.9
Effective Date of this By-law
This By-law shall take effect upon the publication of Notice that this By-law and the
accompanying Municipal Planning Strategy have been approved by the Minister of
Page 7 of 76
Municipal Affairs.
2.10 Certain Words
In this By-law, words used in the present tense include the future, words in the
singular number include the plural, words in the plural number include the singular,
the word "used" includes "arranged", "designed", or "intended to be used", and the
word "shall" is mandatory and not permissive.
Page 8 of 76
Part 3
Definitions
For the purpose of this By-law, all words shall carry their customary meaning,
except for those defined hereafter:
1.
Abut means where properties, lots, or yards share a common lot
line or a common point along a lot line.
2.
Accessory Building or Structure means a subordinate building or
structure on the same lot as the main building, devoted exclusively to
an accessory use, including an above-ground or in-ground swimming
pool, but does not include a building located completely underground.
3.
Accessory Use means a use subordinate and naturally, customarily,
or normally incidental to and exclusively devoted to a main use of land
or building and located on the same lot.
4.
Act means the Municipal Government Act, R.S. 1998, c.18, s.1, as
amended.
5.
Adult Entertainment means any form of entertainment or services
of which a primary feature or characteristic is the nudity or partial
nudity of any person.
6.
Agricultural Use means the use of lands for the pasturing and
keeping of animals, the cultivation of land, and can also include the
raising of crops
under artificial conditions. This shall also
include necessary storage facilities; however, it does not include
permanent facilities for the retail sale of these products
7.
Agricultural Structures means any use or structure necessary for the
cultivation of vegetation and the raising of animals or fowl for sale
purposes.
8.
Alter means any change in the structural component of a building or
any increase in the volume of a building or structure.
Page 9 of 76
9.
Amenity Space means the area situated within the boundaries of a
residential development site intended and capable of being used for
recreational purposes and may include landscaped areas, patios,
private amenity areas, verandahs, balconies, communal lounges,
swimming pools, play areas and similar uses, but does not include any
area occupied at grade by a building's service area, parking lots,
aisles, or access driveways.
10.
Animal Hospital means the premises where animals are treated, or
treated and kept, on a temporary basis for monetary gain and shall not
include an Animal Shelter, which is intended for the care of lost,
abandoned, or neglected animals .
11.
Apartment Building - see "Dwelling".
12.
Automobile Repair Shop means the use of a building or property for
the repair of automobile body and/or engine components and shall
include detailing and painting of automobile bodies.
13.
Automobile Service Station or Service Station means a building or
part of a building or a clearly defined space on a lot used for the retail
sale of gasoline and lubricating oils and may include the sale of
automobile accessories and the servicing and minor repairing
essential to the actual operation of motor vehicles, other than an
automobile
washing
establishment
or
an
automobile
sales
establishment.
14.
Automobile Washing Establishment means a building or part
thereof used for the operation of automobile washing equipment that
is automatic or semi-automatic.
15.
Basement means that portion of a building between two floor levels
that is partly underground but which has more than one-half of its
height, from finished floor to under-side of floor joists of the storey next
above, above the adjacent average finished grade level adjacent to
the exterior walls of the building.
Page 10 of 76
16.
Bed and Breakfast means a Single Family Dwelling in which there is
a resident owner or manager who provides overnight accommodation
to the travelling public, through the use of a maximum of six (6)
bedrooms, and is capable of being licensed as a Bed and Breakfast
by the Province of Nova Scotia.
17.
Boarding or Rooming House means a dwelling in which the
proprietor supplies either room or room and board for monetary gain
to more than two persons, exclusive of the lessee or owner thereof or
members of his family, and that is not open to the general public.
18.
Building means any structure, whether temporary or permanent, used
or built for the shelter, accommodation, or enclosure of persons,
animals, material, or equipment. Any awning, bin, bunker, platform,
vessel, or vehicle used for any of the said purposes shall be deemed
a building.
19.
Building Area means the maximum horizontal area of a building at
grade.
20.
Building Line means any line regulating the position of a building or
structure on a lot.
21.
Camp means a land and building complex designed or used for a
group sport, recreational, or cultural activities, that may have facilities
for sleeping and the preparation and serving of food, operated under
single ownership on a temporary or seasonal basis.
22.
Church means a building dedicated to religious worship and includes
a church hall, church auditorium, Sunday School, parish hall, and day
nursery operated by the church.
23.
Clinic means a building or a part of a building used for the medical,
dental, surgical, or therapeutic treatment of human beings but does
not include a public or private hospital or a professional office of a
doctor located in his residence but does not include the dispensing of
Page 11 of 76
cannabis or cannabis-related products..
24.
Commercial Motor Vehicle means any motor vehicle that is used for
a business activity and that has, as its main purpose, financial gain
and includes ambulance, truck, tractor, tractor trailers, buses, delivery
vehicles, and oil delivery trucks.
25.
Commercial School means a school of seven (7) or more pupils
gathered at one time, conducted for gain, and may include instruction
in trades, skills, or services such as a secretarial, language, driving,
art, modeling, beauty, dancing, and music school and does not include
day-care, day nursery, or nursery schools.
26.
Commercial Use means any use by which retail or wholesale trade is
carried out and those other uses providing the sale of goods, materials,
or services.
27.
Community Centre means any tract of land, or building or buildings,
or any part of any buildings used for community activities, whether
used for commercial purposes or not, the control of which is vested in
the Municipality, a local board, or agent thereof.
28.
Converted Dwelling - See "Dwelling".
29.
Corner Vision Triangle means that part of a corner lot adjacent to the
intersection of the exterior lot lines measured from such intersection,
the distance required by this By-law, along each such street line and
joining such points with a straight line. The triangular-shaped land
between the intersecting lines and the straight line joining the points
the required distance along the street lines, shall be known as the
"corner vision triangle".
30.
Council means the Council of the Town of Middleton.
31.
Craft Food and Beverage Production means the use of a building or
part thereof for the production of:
Page 12 of 76
(a) specialized food products intended for retail sale;
(b) not more than 150,000 hectolitres of beer, wine, mead,
premixed cocktails, kombucha, or non-alcoholic beverages in a
year; or
(c) not more than 75,000 litres of distilled spirits in a year;
and may include public tasting and retail sales of the product but
does not include a restaurant or licensed liquor establishment
unless those uses are permitted as a main use in the applicable
use zone.
32.
Day Care and Day Nursery means a place where three or more
preschool children are cared for on a temporary daily basis without
overnight accommodation but does not include a school.
33.
Development includes any erection, construction, alteration,
replacement or relocation of, or addition to any structure and any
change or alteration in the use made of land, building, or structures.
34.
Development Agreement means an agreement made pursuant to
policies of the Town of Middleton Municipal Planning Strategy and
provisions of the Municipal Government Act.
35.
Development Officer means the officer of the Town of Middleton from
time to time charged by the Municipality with the duty of administering
the provisions of the Land Use By-law.
36.
Dry Cleaning and Laundry Establishment means a building where
dry cleaning, dry dyeing, cleaning or pressing of articles or goods or
fabric is carried on and in which only solvents are or can be used that
emit no odours or fumes and in which no noise or vibration causes a
nuisance or inconvenience outside of the premises.
37.
Dwelling means a building, occupied or capable of being occupied as
a home, residence or sleeping place by one or more persons,
Page 13 of 76
containing one or more dwelling units and shall not include a hotel, a
motel or an apartment hotel.
(a)
Apartment Building means a building containing three or more
dwelling units that have a common entrance from the street
level and the occupants of which have the right to use in
common certain areas of the building and its property.
(b)
Converted Dwelling means a building converted to contain a
greater number of dwelling units than the building contained
prior to that conversion.
(c)
Duplex Dwelling means a building that is divided horizontally
into two dwelling units, each of which has an independent
entrance either directly from outside the building or through a
common vestibule.
(d)
Multiple Unit Dwelling means a building containing three or
more dwelling units.
(e)
Semi-Detached Dwelling means a building that is divided
vertically into two dwelling units, each of which has an
independent entrance.
(f)
Single Detached Dwelling means a completely detached
dwelling unit.
(g)
Townhouse or Rowhouse Dwelling means a building that is
divided vertically into three or more dwelling units, each of
which has an independent entrance, to a front and rear yard
immediately abutting the front and rear walls of each dwelling
unit.
(h)
Triplex Dwelling means a building that is divided horizontally
into three dwelling units, each of which has an independent
entrance either directly or through a common vestibule.
Page 14 of 76
38.
Dwelling Unit means one or more habitable rooms designed or
intended for use by one or more individuals as an independent and
separate housekeeping establishment in which separate kitchen and
sanitary facilities are provided for the exclusive use of such individual
or individuals, with a private entrance from outside the building or from
a common hallway or stairway inside the building. A Dwelling Unit shall
include a Small Option Home, Group Home or Home for Special Care
licensed under the Province of Nova Scotia's Homes for Special Care
Act.
39.
Duplex - see "Dwelling".
40.
Environment means any combination of air, soil and water, plant and
animal life, social and cultural conditions, buildings and other
structures, or any impacts on the foregoing, resulting directly or
indirectly from human activities.
41.
Erect means to build, construct, reconstruct, alter, or relocate and
without limiting the generality of the foregoing, shall be taken to include
any preliminary physical operation such as excavating, grading, piling,
cribbing, filling or draining, structurally altering any existing building or
structure by an addition, deletion, enlargement, or extension.
42.
Established Building Line means the average distance of the
existing building from the street line of existing buildings in any block,
where more than half the frontage has been built upon at the effective
date of this By-law.
43.
Established Grade means, with reference to a building, the elevation
of the finished grade of the ground where it meets the exterior of such
building and, when used with reference to a structure, shall mean the
average elevation of the finished grade of the ground immediately
surrounding such structures, exclusive in both cases of any artificial
embankment, and when used with reference to a street, road, or
highway, means the elevation of the street, road, or highway
Page 15 of 76
established by the Town or other designated authority.
44.
Existing means existing as of the effective date of this By-law.
45.
Floor Area
(a)
With reference to a Dwelling means the maximum area
contained within the outside walls excluding, any private
garage, porch, verandah, sunroom, unfinished attic, or
basement, and cellar, or other room not habitable at all
seasons of the year.
(b)
Commercial Floor Area means the total usable floor area
within a building used for commercial purposes but excludes
washrooms, furnace, and utility rooms, and common malls
between stores.
(c)
Gross Floor Area means the aggregate of the floor areas of a
building above or below grade, measured between the exterior
faces of the exterior walls of the building at each floor level but
excluding car parking areas within the building and, for the
purpose of this clause, the walls of an inner court shall be
deemed to be exterior walls.
(d)
With reference to a Dwelling Unit, where more than one unit is
contained within a building, means the maximum floor area
contained within the finished wall surfaces of an individual
dwelling unit, excluding closets, built-in cabinets and storage
areas, and balconies.
46.
Flanking Yard - see "Yard".
47.
Front Yard - see "Yard".
48.
Grade means the average elevation of the finished level of the ground
at the exterior walls of the building.
Page 16 of 76
49.
Grouped Dwellings means two or more architecturally similar and
thematically designed residential units that are pre-serviced and
contained within two or more buildings located on the same lot.
50.
Guest House means a dwelling where the owner/proprietor supplies
either room or rooms and where not more than six (6) rooms are so
used and that is open to the travelling public.
51.
Height means the vertical distance on a building between the
established grade and the highest point of the roof surface of the
parapet, or a flat roof, whichever is the greater; the decline of a
mansard roof; or the mean level between eaves and ridges of a gabled,
hip, gambrel, or other type of pitched roof; but shall not include any
construction used as ornament or for the mechanical operation of the
building, a mechanical penthouse, chimney, tower, cupola, or steeple.
52.
Home for Special Care means an extended or intermediate care
facility, licensed under the Home for Special Care Act or the Children
Services Act to provide full- time care to individuals who, by reason of
age, chronic illness, or infirmity, are unable to care for themselves or
to provide custodial or supervisory care, such as a transition house, or
youth assessment centre, providing counseling and assessment.
53.
Home Occupation means use of a dwelling for employment, involving
the provision or sale of goods or services or both goods and services
but shall not include general retail of merchandise or the provision of
food service or the operation of a canteen or restaurant.
54.
Home Office means a room or rooms, accessory to a residential use,
not exceeding a total of 25 m2 (269 sq. ft.), where business of a quiet
and isolated nature may be conducted by residents of the dwelling but
shall not include the manufacturing or on-site provision of any goods
or services.
55.
Hospital means an institution for the treatment of persons afflicted
with or suffering from sickness, disease, or injury.
Page 17 of 76
56.
Hotel means a building or buildings or part thereof on the same site
used to accommodate the travelling public for gain or profit, by
supplying them with sleeping accommodations, with or without meals,
but without private cooking facilities.
57.
Industrial Use means the use of any building or land for the purpose
of fabricating manufacturing, altering, repairing, processing, breaking
up, demolishing, or treating of any article, commodity, or substance
whatsoever.
58.
Inn means a dwelling where the proprietor supplies either room and
board or meals for monetary gain on a temporary basis, where not
more than twenty (20) rooms are so used, and which is open to the
travelling public.
59.
Intensive Livestock Operation means the commercial production of
swine, cattle, or other livestock or rearing of animals for the production
of fur, including the accessory storage of animal wastes at levels in
excess of limits established in this By-law for Livestock Operations.
60.
Institution means a building or part of a building used by an organized
body or society for promoting a particular purpose ,with no intent of
profit, but shall not include a private club.
61.
Institutional Use means any or all of the following uses:
- Churches, Places of Worship, and Religious Institutions
- Colleges, Universities, and Non-commercial Schools
- Fire Stations
- Public Building - Municipal, Provincial, Federal
- Nursing Homes subject to the requirements of residential
development exceeding six (6) units
- Hospitals
- Libraries, Museums and Art Galleries
- Municipal Public Works Facilities
Page 18 of 76
- Police Stations
- Public or Private Utilities
- Facilities for the sale of alcohol and cannabis authorized or
licensed by the Province of Nova Scotia
- Any institutional use which is incorporated under the Societies Act,
R.S. 1989, c. 435, s. 1, as amended, or any other private statute of
incorporation.
- Public and private utilities
- Wastewater treatment plants
62.
Kennel means a building or structure where animals, birds, or other
livestock intended or used as domestic household pets are kept or
boarded.
63.
Landscaping means any combination of trees, shrubs, flowers, grass,
or other horticultural elements, decorative stonework, paving,
screening, or other architectural elements, all of which is designed to
enhance the visual amenity of a property or to provide a screen to
mitigate any objectionable aspects that may detrimentally affect
adjacent land.
64.
Light Warehousing means the long term storage of goods inside an
enclosed building, the goods being neither reactive chemical, nor toxic,
nor perishable, or odour emitting, including, but not necessarily
restricted to, reusable bottle storage and the long term storage of
furniture, household goods, crated used goods, or general
merchandise, and not including retail sales and service or delivery of
retail goods on the premises.
65.
Livestock Operation means the commercial production of swine,
cattle, fowl, or other livestock, excluding the production of fur and the
accessory storage of animal wastes, at activity levels not exceeding
the maximum established in this By-law.
66.
Loading Space means a vacant area of land provided and maintained
Page 19 of 76
upon the same lot upon which the principal use is located and which
area:
(a)
is suitable for the temporary parking of at least one commercial
motor vehicle while merchandise or materials are being
loaded or unloaded from such vehicle, and such parking is not
for the purpose of sale or display;
(b)
is not upon or partly upon any street or highway;
(c)
has adequate access and egress by means of driveways,
aisles, manoeuvring areas, or similar areas, no part of which
shall be used for the temporary parking or storage of one or
more motor vehicles.
67.
Lot means any parcel of land described in a deed as a lot or as shown
as an approved lot in a registered plan of subdivision.
(a)
Corner Lot means a lot situated at the intersection of and
abutting on two or more streets. The shorter lot line shall be
deemed the front lot line of the said lot.
(b)
Infill Lot means a new residential lot created from an existing
residential lot where both lots meet the minimum lot area and
frontage requirements for the zone, as established in this By-
law.
(c)
Interior Lot means a lot situated between two lots and having
access to one street.
(d)
Through Lot means a lot bounded on two opposite sides by
streets or highway, provided that if any lot qualifies as being
both a Corner Lot and Through Lot, as hereinbefore defined,
such lot shall be deemed to be a Corner Lot for the purpose of
this By-law.
68.
Lot Area means the total horizontal area within the lot lines of a
Page 20 of 76
lot.
69.
Lot Coverage means that percentage of the lot covered by the
building area but excluding that portion of any building that is
constructed entirely below grade.
70.
Lot Depth means the horizontal distance between the front and rear
lot lines. Where these lot lines are not parallel, the lot depth shall be
the length of a line joining the mid- points of the front and rear lot lines.
71.
Lot Frontage means the length of a line measured at the front lot line
joining the side lot lines and parallel to the front lot line.
72.
Lot Line means a boundary line of a lot.
(a)
Front Lot Line means the line dividing the lot from the street;
in the case of a Corner Lot, the shorter boundary line abutting
the street shall be deemed the front lot line and the longer
boundary line abutting the street shall be deemed the side lot
line and, where such lot lines are of equal length, the front lot
line shall be either of the lot lines. In the case of a Through Lot,
any boundary dividing the lot from a street shall be deemed to
be the front lot line.
(b)
Rear Lot Line means the lot line furthest from or opposite to
the front lot line.
(c)
Side Lot Line means a lot line other than a front or rear lot line.
(d)
Flanking Lot Line means a side lot line which abuts the street
on a corner lot.
73.
Lounge means a premise that sells liquor and wine by the glass and
beer by the glass or bottle and is licensed under the Nova Scotia Liquor
Control Act as a lounge.
74.
Main Building means the building in which is carried on the principal
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purpose for which the building lot is used.
75.
Main Wall means the exterior front, side, or rear wall of a building, and
all structural members essential to the support of a fully- or partially
enclosed space or roof.
76.
Maximum Lot Coverage means that percentage of the lot area
covered by all buildings above ground level and shall include that
portion of such lot area that is occupied by a building or portion thereof
that is completely below ground level, and for the purpose of this
definition, the maximum lot coverage in each zone shall be deemed to
apply only to that portion of such lot that is located within said zone.
77.
Manufactured Dwelling means a transportable, single or multiple-
section dwelling unit certified by the Canadian Standards Association,
prior to placement on a site, as being compliant with the CAN/CSA-
Z240 Series Standard at the time of manufacture.
78.
Medical Clinic means a building used wholly for the medical, dental,
surgical, or therapeutic treatment of human beings and includes
pharmacies, medical equipment suppliers, health care offices, and
other professional and commercial uses related to medical care, but
does not include a hospital or the sale or distribution of cannabis and/or
cannabis products.
79.
Motel and Apartment Motel means a building or buildings or part
thereof on the same site used to accommodate the travelling public for
gain or profit, by supplying them with sleeping accommodations, with
or without meals.
80.
Municipality means the Town of Middleton.
81.
Multiple Unit Dwelling - see " Dwelling".
82.
Non-Commercial School means a public or private academic,
religious, or philanthropic school not operated for monetary gain.
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83.
Non-Conforming Use means any use of land or building or structure
constructed, or being constructed, on or before the effective date of
this By-law that has a prohibited use when subjected to this By-law.
84.
Nursing Home means a building wherein public or private nursing
care and room and board are provided to individuals incapacitated in
some manner for medical reasons but does not include a hospital or a
senior citizen complex.
85.
Obnoxious Use shall mean a use that, from its nature or operation,
creates a nuisance or is offensive by the creation of noise or vibration,
or by reason of the emission of gas, fumes, dust, oil, or objectionable
odour, or by reason of the unsightly storage of goods, wares,
merchandise, salvage, refuse matter, waste, or other material.
86.
Office means a room where business may be transacted, a service
performed, or consultation given but shall not include the
manufacturing of any product or the retail selling of goods.
87.
Office and Professional Use means a building or part thereof in
which the principal or main use is the provision of professional services
to the public.
88.
Outdoor Display means the display of retail goods or materials
intended for the immediate sale to the general public that are not
enclosed within a structure.
89.
Outdoor Storage means the storage of goods or materials not
intended for immediate sale to the general public that are not enclosed
within a structure.
90.
Outdoor Wood burning Furnace means an accessory building or
structure that operates as a heat source for associated main buildings.
91.
Owner means a part owner, joint owner, tenant in common, or joint
tenant of the whole or any part of any land or building and includes a
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trustee, an executor, a guardian, an agent, a mortgagee in possession,
or other person having the care or control of any land or building, in
the event of the absence or disability of the person having the title
thereof.
92.
Parking Lot and Parking Area means an open area containing
parking spaces, other than a street, for two or more motor vehicles,
available for public use or as an accommodation for clients, customers,
or residents, and that has adjacent access to permit ingress or egress
of motor vehicles to a street or highway by means of driveways, aisles,
or maneuvering areas where no parking or storage of motor vehicles
is permitted.
93.
Parking Space means an area of not less than one hundred and sixty
(160) square feet, measuring eight (8) feet by twenty (20) feet,
exclusive of driveways or aisles, for the temporary parking or storage
of motor vehicles.
94.
Personal Service Shop means a building or part of a building in which
persons are employed in furnishing services and otherwise
administering to the individual and personal needs of persons, and,
without limiting the generality of the foregoing, may include such
establishments as barber shops, beauty parlours, automatic laundry
shops, hairdressing shops, shoe repair and shoe shining shops, and
depots for collecting dry cleaning and laundry, but excludes any
manufacturing or fabrication of goods for sale.
95.
Private Club means a building or part of a building used as a meeting
place for members or an organization and may include a lodge, a
fraternity or sorority house, and a labour union hall.
96.
Private Park means a park other than a public park that is privately
owned and operated.
97.
Professional Office means a building or structure where business
may be transacted, a service performed, or consultation given but shall
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not include the manufacturing of any product or the retailing or selling
of goods.
98.
Public Authority means Her Majesty the Queen in the Right of
Canada, the Province of Nova Scotia, the Town of Middleton or any
Board, Commission or Committee of the Town of Middleton
established by or exercising any power or authority under any general
or specific statute of Nova Scotia with respect to any of the affairs or
purposes of the municipality, or a portion thereof, and includes any
committee or local authority established by the By-law of the Town.
99.
Public or Private Utility means a system, works, plant, equipment, or
service, whether owned or operated by or for the Town, or by a
corporation, or under a federal or provincial statute, that furnishes
services including but not limited to:
- communication by way of telephone or telegraph;
- public transportation;
- production, transmission, delivery or furnishing of water, gas, or
electricity to the public at large;
- collection and disposal of sewage, excluding septic tank sludge
dumping stations; and
- fire departments.
100. Public Park means a park owned or controlled by a Public Authority.
101. Rear Yard - see "Yard"
102. Recreational Uses means the use of public or private land for parks,
playgrounds, tennis courts, lawn-bowling greens, indoor and outdoor
skating rinks, athletic fields, golf courses, picnic areas, swimming
pools, splash pads, skateparks, boating docks, day camps, community
centres, and similar uses to the foregoing, together with necessary and
accessory buildings and structures but not including a track for the
racing of animals or any form of motorized vehicles.
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103. Restaurant means a building or part thereof where food and drink are
served to the public for consumption within the building or for takeout
but not for consumption in parking areas appurtenant to the building.
104. Restaurant, Drive- in means a building or part thereof where food and
drink are served to the public for consumption in parking areas
appurtenant to the building, whether or not facilities are provided for
consumption within the building.
105. Retail Store means a building or part thereof in which goods, wares,
merchandise, substances, articles, or things are offered or kept for
sale directly to the public but does not include the sale of alcohol or
cannabis, unless authorized and/or licensed by the Province of Nova
Scotia.
106. Road - see "Street".
107. Rowhouse Dwelling - see "Dwelling".
108. Scrap Yard and Salvage Yard means a lot or premises for the storage
or handling of scrap material and, without limiting the generality of the
foregoing, shall include waste paper, rags, bones, bottles, used
bicycles, vehicles, tires, metal, or other scrap material or salvage.
109. Self Storage means a building, buildings, or facility that provides
secure storage units for individual occupancy and does not include
warehousing or bulk commercial or industrial storage.
110. Semi-Detached Dwelling - see "Dwelling"
111. Service and Utility Use means public and private uses that provide
support systems for the built environment. These shall include
facilities provided by Government such as sewage treatment plants,
rights-of-way, school bus garages, fire stations, and facilities provided
by companies such as Nova Scotia Power Incorporated and Bell
Aliant.
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112. Service Industries include the processing of milk and dairy products,
a bakery, a public garage, including engine and body repair shop, a
printing establishment, a laundry or cleaning establishment, a paint
shop, a plumbing shop, sheet metal shop, and similar uses.
113. Service Shop means a building or part thereof used for the sale or
repair of household articles and shall include radio, television, and
appliance repair shops but shall not include industrial or manufacturing
or motor vehicle repair shops.
114. Service Station - see Automobile Service Station
115. Setback means the distance between the street line and the nearest
main wall of any building or structure and extending the full width or
length of the lot. Required Setback means the minimum setback as
prescribed by the Land Use By-law.
116. Shopping Centre means a separate use of land containing a building
or building complex on a lot designed, developed, and managed as a
unit by a single owner or tenant, or a group of commercial uses,
distinguished from a business area, comprising unrelated individual
uses and characterized by the sharing of common parking areas and
driveways, and includes "Shopping Malls" and "Malls".
117. Short Term Rental, also referred to as "AirBnB", means a dwelling or
part of a dwelling where the resident owner supplies temporary
accommodation for compensation to the travelling or vacationing
public for a period of less than thirty (30) days.
118. Side Yard - see "Yard"
119. Sign means any structure, device, light, or natural object, including the
ground itself, or any part thereof, or any device attached thereto, or
painted or represented thereon, that shall be used to identify,
advertise, or attract attention to any object, product, place, activity,
person, institution, organization, form, group, commodity, profession,
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enterprise, industry, or business, or that shall display or include any
letter, work, model, number, banner, flag, pennant, insignia, device, or
representation used as an announcement, direction, or advertisement,
and that is intended to be seen from off the premises or from a parking
lot. The word "sign" shall include: signs which are affixed to the inside
of windows and glass doors and are intended to be seen from
roadways or parking lots; or murals placed on walls that do not contain
any commercial brand representation, commercial messaging, or
commercial advertising. No other indoor sign shall be deemed a sign
within this By-law.
(a)
Canopy / Awning Sign means any sign attached to or forming
part of a canopy or awning.
(b)
Facial Wall Sign means a sign which is painted upon a building
wall or is attached to and supported by a wall of a building.
(c)
Ground Sign means a sign supported by one or more up-
rights, poles, or braces placed in or upon the ground.
(d)
Illuminated Sign means a sign that provides artificial light
directly, or through any transparent or translucent material, from
a source of light connected with such sign, or a sign illuminated
by a light focused upon or chiefly directed at the surface of the
sign.
(e)
Off-Premises Sign means a sign that is related to a business
premise that is not located on the building or lot on which the
sign is placed.
(f)
Projecting Wall Sign means a sign which projects from and is
supported by a wall of a building.
(g)
Reader Board Sign means a sign designed with removable
letters, marks, symbols, or pictorials, or any combination of
these, to allow for periodic revisions of the sign message, but
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does not include signs used by theatres, art galleries, arenas,
churches, or similar premises, for the purpose of identifying a
program or event that will take place at the premise.
(h)
Roof Sign means a sign supported by one or more uprights,
poles, or braces placed upon the roof of a building.
(i)
Sandwich Board Sign means a sign that is composed of two
hinged or otherwise joined boards that leans on the ground.
120. Sign Area means the area of the smallest triangle, rectangle, circle,
or semi-circle that can wholly enclose the surface area of the sign. All
visible faces of a multifaced sign shall be counted separately and then
totaled in calculating sign area. Three dimensional signs shall be
treated as dual-faced signs, such that the smallest triangle, rectangle,
circle or semi-circle that can totally circumscribe the sign in the plane
of its largest dimension is considered the sign area.
121. Number of Signs means that for the purpose of determining number
of signs, a sign shall be considered to be a single display surface or
display device containing elements organized, related, and composed
to form a unit. Where matter is displayed in a random manner without
organized relationship or elements, or where there is reasonable doubt
about the relationship of elements, each element shall be considered
to be a single sign.
122. Single Detached Dwelling - see "Dwelling".
123. Split Level Dwelling - see "Dwelling , Duplex Dwelling".
124. Storey means that portion of a building that is situated between the
top of any floor and the top of the floor next above it, and if there is no
floor above it, that portion between the top of such floor and the ceiling
above it.
125. Street or Road means the whole and entire right-of-way of every
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highway, road, or road allowance vested in the Province of Nova
Scotia or the Town of Middleton.
126. Street Line means the boundary line of a street.
127. Structure means anything that is erected, built, or constructed of parts
joined together or any such section fixed to or supported by the soil or
by any other structure. A structure shall include buildings, walls and
signs and also fences exceeding six and a half (6.56) feet in height.
128. Telecommunications Tower, Antennas, Buildings and Equipment
means any facility, apparatus, or other structure that is used for
telecommunication transmission purposes.
129. Tourist Establishment means a building or buildings that are used to
accommodate the travelling public for gain or profit, by supplying them
with sleeping accommodation, with or without meals, and shall include
a guest home, tourist cabins, a motel, an auto court, and a hotel.
130. Tower means any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas, including self-
supporting lattice towers, guy towers, or monopole towers, and
includes personal wireless service facilities including radio and
television transmission towers, microwave towers, common-carrier
towers, and cellular telephone towers.
131. Town shall mean the Town of Middleton.
132. Townhouse Dwelling - see "Dwelling".
133. Travel Trailer or Recreational Vehicle means any vehicle or similar
portable structure supported by wheels, designed for travel,
recreational and vacation uses, to provide dwelling accommodation of
a temporary nature.
134. Triplex Dwelling - see "Dwelling".
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135. Veterinary Establishment means the premises where animals, birds
or other livestock are treated for monetary gain.
136. Warehouse means a building where wares or goods are stored but
shall not include a retail store.
137. Wind Turbine means a system of components that converts the
kinetic energy of the wind into electrical or mechanical energy and
includes all necessary components for energy storage, control
systems, and transmission systems.
138. Yard means an open, uncovered space on a lot appurtenant to a
building (except a court) and unoccupied by buildings or structures
except as specifically permitted elsewhere in this By-law. In
determining yard measurements, the minimum horizontal distance
from the respective lot lines shall be used.
(a)
Front Yard means a yard extending across the full width of a
lot between the front lot line and the nearest wall of any building
or structure on the lot; a "minimum" front yard means the
minimum depth allowed by this By-law of a front yard on a lot
between the front lot line and the nearest main wall of any main
building or structure on the lot.
(b)
Rear Yard means a yard extending across the full width of a lot
between the rear lot line and the nearest wall of any main
building or structure on the lot; and "minimum" rear yard means
the minimum depth allowed by this By-law of a rear yard on a
lot between the rear lot line and the nearest main wall of any
main building or structure on the lot.
(c)
Side Yard means a yard extending from the front yard to the
rear yard of a lot between a side lot line and the nearest wall of
any building or structure on the lot; and "minimum" side yard
means the minimum width allowed by this By-law of a side yard
on a lot between a side lot line and the nearest main wall of any
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main building or structure on the lot.
(d)
Flanking Yard means the side yard of a corner lot which side
yard extends from the front yard to the rear yard between the
flankage lot line and the nearest main wall of any building or
structure.
139. Yard Sale means the sale of new or used household goods from a
residential property, whether from the yard of a lot, an accessory
building, or from within the main residence. Each ten-hour period shall
be considered a separate yard sale.
140. Zone means a designated area of land shown on the Schedules of this
By-law.
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Part 4
Zones and Zoning Map
4.1
Zones
For the purpose of this By-law, the Town of Middleton is divided into the following
zones, the boundaries of which are shown on the attached schedule. Such zones
may be referred to by the appropriate symbols.
Zone
Symbol
Residential
R
Residential Mixed Use
RMU
Residential Future High Density
RFH
Residential Holding
RH
Commercial Downtown
CD
Commercial General
CG
Industry and Commercial Enterprise
ICE
Recreation and Open Space
OS
Institution
INS
Environmentally Sensitive Area
ESA
4.2
Zoning Map
Schedule "A" attached hereto may be cited as the "Zoning Map" and is hereby
declared to form part of the By-law.
4.3
Interpretation
The symbols used on Schedule "A" attached hereto refer to the appropriate zones
established in this By-law.
4.4
Application
The extent and boundaries of all zones are shown on Schedule "A" attached hereto
and for all such zones, the provisions of this By-law shall respectively apply.
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4.5
Interpretation of Zoning Boundaries
Boundaries between zones shall be determined as follows:
4.5.1 Where a zone boundary is indicated as following a street or highway, the
boundary shall be the centre line of such street or highway.
4.5.2 Where a railroad right-of-way, electrical transmission line right-of-way, or
watercourse is included on the Zoning Map and serves as a boundary
between two or more different zones, a line midway on such right-of-way or
watercourse and extending in the general direction of the long division thereof
shall be considered the boundary between zones, unless specifically
indicated otherwise.
4.5.3 Where a zone boundary is indicated as approximately following lot lines, the
boundary shall follow such lines.
4.5.4 Where a zone boundary is indicated as following the limits of the Town
boundary, the limits shall be the boundary.
4.6
Standards of Measurement
The metric system of measurement is used throughout this By-law and, in all cases,
represents the required standard. Any reference to imperial measurements are
approximate and for convenience only.
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Part 5
General Provisions for All Zones
5.1
Permitted Uses
For the purpose of this By-law, if a use is not listed as a permitted or conditional use
in any zone, it shall be deemed to be a prohibited use in that zone and no person
shall use any land, or erect, alter, or use any building or structure for any such use.
5.2
Special Conditions
For the purpose of this By-law, if a use is listed subject to any special conditions, it
shall be permitted subject, to fulfilling any special requirements as defined in this
By-law.
5.3
Accessory Buildings
5.3.1
Accessory uses, buildings, and structures shall be permitted in any zone
within the Town of Middleton but shall not:
(a) be located within the front yard of a lot;
(b)
where an accessory building is built on a corner lot, it shall be located
in the rear yard or in the side yard that is not adjacent to the flanking
street;
(c)
be built closer to a street on which the main building fronts than the
main building is to that street;
(d) be built closer than .6 meters (2 ft.) to a lot line except that common
semi-detached garages may be centered on the mutual side lot line;
(e) exceed 6.1 meters (20 ft.) in height, except for accessory buildings in
an Industrial Zone which shall be a maximum height of 10 meters (32.8
ft);
(f)
be built within 2 meters (6.5 ft.) of the main building.
5.3.2 The maximum number of accessory structures that shall be permitted in any
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Residential Zone shall not exceed three (3).
5.3.3 Notwithstanding anything else in this By-law, drop awnings, clothesline poles,
flag poles, garden trellises, fences and retaining walls as well as any ramp,
deck, mechanical lift or related structure for the purposes of facilitating
universal access to a building or structure shall be exempted from any
requirements under Part 5.3.1.
5.3.4 Notwithstanding anything else in this By-law, Commercial Transportation
Containers, "TEU"/ "Twenty-foot Equivalent Units", shall not be considered as
accessory structures and shall not be permitted to be located or used in any
zone other than a Commercial, Industry and Commercial Enterprise or
Recreation and Open Space Zone.
5.4
Accessory Uses Permitted
Where this By-law provides that any land may be used or a building or structure
may be erected or used for a purpose, the purpose includes any use accessory
thereof.
5.5
Building to be Erected on a Lot
No person shall erect or use any building, unless such building is erected upon a
single lot.
5.6
Building to be Moved
No person shall move any building, residential or otherwise, within or into the area
covered by this By-law, without obtaining a development permit from the
Development Officer.
5.7
Calculation of Lot Frontage for Corner Lots or Irregular Shaped Lots
The following means shall be used, for the purposes of determining the lot frontage
of corner lots or irregularly shaped lots:
(a)
In the case of a corner lot with a corner vision triangle, the exterior lot lines
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(street lines) shall be deemed to extend to their hypothetical point of
intersection, for the purpose of calculating the frontage;
(b)
In the case of other lots, lot frontage shall be deemed to be the horizontal
distance between the side lot lines. This distance shall be measured
perpendicularly to a line joining the middle of the front lot line with the middle
of the rear lot line, at a point along this equal to the minimum applicable front
yard.
5.8
Change of Use on an Existing Lot
Notwithstanding anything else in this By-law, the use of a building existing on a lot
may be changed to a use permitted on the lot by this By-law, where the lot frontage,
front yard, or area required or any two or all three is less than the requirements and
provided that all other requirements in this By-law are satisfied.
5.9
Corner Vision Triangle
On a corner lot, a fence, sign, hedge, shrub, bush, or tree or any other structure or
vegetation shall not be erected or permitted to grow to a height greater than .6
meters (2 ft.) above grade of the streets that abut the lot within the triangular area
included within the street lines for a distance of 6.1 meters (20 ft.) from their point of
intersection.
5.10 Existing Buildings
Where a building has been erected on or before the effective date of this By-law on
a lot having less than the minimum frontage or area, or having less than the minimum
setback or side yard or rear yard required by this By-law, the building may be
enlarged, reconstructed, repaired or renovated provided that:
(a)
the enlargement, reconstruction, repair, or renovation does not further
reduce the front yard or side yard or rear yard that does not conform to this
By-law; and
(b)
all other applicable provisions of this By-law are satisfied.
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5.11 Existing Lots
Notwithstanding anything else in this By-law, the use of a building existing on a lot
on the effective date of this By-law may be changed to a use permitted on the lot,
where the lot width, front yard, or area required is less than the requirements of this
By-law, provided that all other requirements of this By-law are satisfied.
5.12 Existing Undersized Lots
Notwithstanding anything else in this By-law, a vacant lot in existence on the
effective date of this By-law, having less than the minimum frontage or area required
by this By-law, may be used for a purpose permitted in the Zone in which the lot is
located, and a building may be erected on the lot, provided that all other applicable
provisions such as use, side yards, setbacks, and lot coverage in this By-law are
satisfied. In addition, such existing undersized lots may undergo an increase in size
and/or frontage undersized as a result of subdivision and still be considered as an
existing undersized lot under this By-law.
5.13 Existing Uses
5.13.1 Land uses that were in existence on or before the effective date of this By-
law and that are still in existence and that would not be permitted as new uses
in the Zone in which they are located shall be regarded as conforming uses
for the purposes of this By-law, provided that they are listed in the zone in
which they are located or satisfactory documentation can be provided by the
property owner, to substantiate the existence of the use before the effective
date of this By-law.
5.13.2 Land uses that were in existence on or before the effective date of this By-
law and that are still in existence and that are not included as permitted uses
within the zone in which they are located shall be regarded as non-conforming
and shall be subject to Parts 238 through 241 of the Municipal Government
Act.
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5.14 Fences
5.14.1
A Development Permit shall not be required for fences that do not exceed
2 meters (6.6 ft.) in height.
5.14.2
A Development Permit shall be required for fences exceeding 2 meters
(6.6 ft.) in height.
5.14.3
Fences shall be limited to a maximum height of 2.4 meters (8 ft.) in all
Residential Zones and 3.6 meters (12 ft.) in all other Zones.
5.14.4
All fences, regardless of whether a Development Permit and/or a Building
Permit is required, shall conform to the following general requirements:
(a)
corner vision triangle restrictions shall apply for all corner lots;
(b)
fences cannot be electrified;
(c)
fences cannot contain barbed wire, unless erected in conjunction
with a permitted industrial use and, in such cases, barbed wire is
prohibited from use in any yard that abuts a residential Zone.
5.15 Frontage on a Street
No Development Permit shall be issued unless the lot or parcel or land intended to
be used or upon which the building or structure is to be erected, abuts and fronts
upon a public street.
5.16 Front Yard for a Through Lot
In the case of a through lot, the front yard shall be deemed to be any yard that abuts
either of the two opposite public streets.
5.17 Height Regulations
The height regulations of this By-law shall not apply to church spires, water tanks,
elevator enclosures, silos, flagpoles, television or radio antennas, ventilators,
skylights, chimneys, clock towers or wind turbines.
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5.18 Home Occupations
Within a residential dwelling, or in an accessory building on the same lot within a
residential zone, a home occupation shall be permitted, subject to the following
criteria:
(a)
home occupation uses shall occupy less than twenty-five percent of the total
floor area of the dwelling unit, to a maximum of 65 m2 (699.7 sq. ft.);
(b)
no more than three persons, including the residential tenant, are employed;
(c)
home occupation uses shall not produce excessive noise, odour, or hazard
to the public;
(d)
two home occupation uses shall be permitted in a single dwelling unit
provided that at least one use is owned or operated by the residential tenant,
the total floor area of both uses is less than twenty-five percent of the total
floor area of the dwelling unit, and no more than three persons, including the
residential tenant, are employed;
(e)
when only one home occupation use is operated within any dwelling unit, it
must be owned or operated by the residential tenant;
(f)
the exterior appearance of the residence shall not be substantially altered to
accommodate the use;
(g)
adequate parking shall be provided, as set out in the Land Use By-law;
(h)
no outdoor storage or display shall be permitted; and
(i)
the home occupation uses shall be limited to a Home Office on any lot fronting
on the following streets: Acadia Street; Oakland Drive; Pinecrest Drive; Taylor
Drive; Ross Lane; Jones Avenue; Riverside Drive; Goucher Avenue; Park
Street; King Street south of Main Street; McKenzie Drive; Connaught Avenue
east of King Street; Bentley Drive; Reagh Avenue; School Street north of
Reagh Avenue.
5.19 Illumination
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No person shall erect any sign or illuminate in an area outside any building, unless
such illumination is directed away from adjoining properties and any adjacent
streets.
5.20 Licenses, Permits and Compliance with other By-laws
5.20.1
Nothing in this By-law shall exempt any person from complying with the
requirements of other By-laws or regulations in force within the Town or
from obtaining any license, permission, permit, authority, or approval
required thereunder.
5.20.2
Where the provisions in this By-law conflict with those of any other
municipal or provincial requirements, the higher or more stringent
provisions shall prevail.
5.21 Loading Spaces
5.21.1
For every building or structure to be erected or enlarged, or structure for
manufacturing, storage, warehouse, department store, retail store,
wholesale store, market, freight or passenger terminal, hotel, hospital,
mortuary, or other uses involving the frequent shipping, loading or
unloading of persons, animals, or goods, there shall be located on the
same premises with every such building, structure or use, one off- street
space for standing, loading, and unloading for every 2787 square meters
(30,000 sq. ft.) or fraction thereof of building floor area in excess of 278
square meters (3,000 sq. ft.), to a maximum of six (6) loading spaces.
5.21.2
Each loading space shall be at least 3.6 meters (12 ft.) by 12.2 meters (40
ft.), with a minimum of 4.3 meters (14 ft.) of height clearance.
5.21.3
The provision of a loading space is not required for any building with less
than 278 square meters (3,000 sq. ft.).
5.21.4
No such loading spaces shall be located within any required front yard or
be located within any required yard that abuts a Residential, Recreation,
and Open Space or Institutional Zone.
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5.21.5
Loading space areas, including driveways leading thereto, shall be
constructed of and maintained with a stable surface that is treated so as
to prevent the raising of dust or loose particles.
5.21.6
Ingress and egress to and from the required loading space areas shall be
provided by means of unobstructed driveways of a minimum width of 3.1
meters (10 ft.) for one-way traffic or a minimum of 6.1 meters (20 ft.) for
two-way traffic.
5.22 Maximum Permitted Projection into a Required Yard
Except for accessory buildings, every part of any yard required by this By-law shall
be open and unobstructed by any structure from the ground to the sky, provided that
those structures listed in the following table shall be permitted to project into a yard
for the specified distances indicated as follows:
Structure
Yard
Maximum Projection
Sills, belt course, cornice,
eaves, gutters, chimneys,
pilasters or canopies
Window Bay
Fire Escapes and exterior
staircases
Open/roofed porches not
exceeding
one
storey,
uncovered terraces
Any yard
Front, rear and Flanking
yards only
Rear and side yards only
Flanking yards only for
single
unit,
semi-
detached, duplex and
triplex
dwellings,
any
yard for other residential
.6 meters (24 in.)
1 meter (3 ft.) and a
maximum width of 3
meter (9.8 ft.)
2 Meters (6.5 ft.)
2.4 meters (8 ft.),
including eaves and
cornices
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dwellings
5.23 Multiple Uses
Where any land or building is used for more than one purpose, all provisions of this
By-law relating to each use shall be satisfied. Where there is conflict, such as in the
case of lot size or lot frontage, the higher or more stringent standard shall prevail.
5.24 Nonconforming Uses
5.24.1
Nonconforming uses shall be subject to Sections 238 - 241 of the
Municipal Government Act.
5.24.2
As enabled by Section 242 of the Municipal Government Act and provided
for on Policy I18 of the Municipal Planning Strategy, the following
relaxation of restrictions on nonconforming structures, nonconforming
uses of land, and nonconforming uses in a structure may be considered
in any zone by Development Agreement:
(a)
the extension, enlargement, alteration, or reconstruction of a
nonconforming structure;
(b)
the extension of a nonconforming use of land;
(c)
the extension, enlargement or alteration of structures containing
nonconforming uses, with or without permitting the expansion of
the nonconforming use into an addition;
(d)
the reconstruction of structures containing nonconforming uses,
after destruction;
(e)
the recommencement of a nonconforming use of land or a
nonconforming use in a structure, after it is discontinued for a
continuous period in excess of six months;
(f)
the change in use of a nonconforming use of land or a
nonconforming use in a structure to another nonconforming use.
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5.25 One Main Building to a Lot
No person shall erect more than one (1) main building on a lot except for:
(a)
Buildings located in a Commercial or Industry and Commercial
Enterprise Zone;
(b)
Grouped dwellings considered by Development Agreement.
5.26 Outdoor Wood Furnaces
Outdoor wood furnaces shall be prohibited in all zones.
5.27 Parking Requirements
For every building or structure to be erected or enlarged, off- street parking, located
within the same zone as the use and having unobstructed access to a public street
or a private road, shall be provided and maintained in conformity with the following
Schedule:
Type of Structure
Minimum Parking Requirements
Dwelling containing not more than two
dwelling units
1 parking space for each dwelling unit
All other dwellings
0.8 parking space for dwelling unit
Church halls, auditoria, restaurants,
theater, arenas, halls, stadia private clubs
and other places of assembly
1 parking space for every 10 fixed seats or
for every 10 m2 (107.6 sq. ft.) devoted to
public use where there are no fixed seats
Hospitals
0.5 parking spaces for each bed or 1
parking space for each 37m2 (398.27 sq.
ft.) of floor area, whichever is the greater
plus 0.5 for each employee and 1 for each
doctor
Senior citizen apartment
0.5 parking spaces for each dwelling unit
Nursing, rest or convalescent home
0.5 parking spaces for each bed
Hotels, staff houses, motels, tourist cabins
0.5 parking spaces for each suite or rental
unit plus 1 additional parking space for
each 20 m2 (215.28 sq. ft.) of floor area
devoted to public use exclusive of lobbies
and halls
Offices, clinics
1 parking space for each 20 m2 (215.28 sq.
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ft.) of floor area
Shopping centre
parking area to be three times floor area,
exclusive of common malls between stores
Funeral homes
0.2 parking spaces for each seat of the
chapel
Bowling alleys & curling rinks
0.5 parking spaces for each person in the
designed capacity of the establishment
(designed capacity shall mean six persons
per bowling lane and eight persons per
curling sheet.) In other parts of the
building, additional parking spaces shall be
provided in accordance with the
requirements set out in this By-law for the
use to which the other parts of the building
may be put.
Elementary schools
1.5 parking spaces for each teaching
classroom
High schools
2 parking spaces for each teaching
classroom
Nursery schools and day care centres
1 parking space for each employee
Bed and breakfasts, inns & boarding
houses
1.5 spaces for each permanent dwelling
unit and 0.5 space for each unit available to
transients or boarders
Commercial uses other than those
specified above
1 space for every 20 m2 (215.28 sq ft.) of
interior or exterior retail area
Manufacturing and industrial uses
1 space for each 75 m2 (807.31 sq. ft.) of
gross floor area, plus one (1) space for
each 20 meters squared (215 sq. ft.) for
any related commercial or offices uses.
(s) home occupation and office uses in the
residential zones
1 space for each 30 m2 (322.93 sq. ft.) of
floor area
Dwellings inside Station Street, Connaught
Ave, Gates Avenue, and Jones Avenue as
shown on Schedule B
0.5 parking spaces per unit
5.28 Parking Area Standards
Where parking facilities for more than four (4) vehicles are required or permitted:
(a)
the parking area shall be maintained with a stable surface that is treated to
prevent the raising of dust or loose particles;
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(b)
the lights used for illumination of the parking lot or parking station shall be so
arranged as to divert the light away from streets, adjacent lots, and buildings;
(c)
a structure, not more than 4.6 meters (15 ft.) in height and not more than 4.6
square meters (50 sq. ft.) in area, may be erected in the parking area for the
use of attendants;
(d)
the parking area shall be within 91 meters (300 ft.) of the location that it is
intended to serve;
(e)
when the parking area is of a permanent hard surfacing, each parking space
shall be clearly demarcated and maintained as such:
(f)
no gasoline pumps or other service station equipment shall be located or
maintained on the parking lot;
(g)
approaches or driveways to any parking area, other than that required for a
single family dwelling, semi-detached, or a duplex dwelling shall be defined
by a curb of concrete or rolled asphalt, and the limits of the parking area shall
be defined by a fence, curb, or other suitable obstruction designed to provide
a neat appearance;
(h)
in addition, the location of approaches or driveways shall not be closer than
15.2 meters (50 ft.) from the limits of the right-of-way at street intersection;
(i)
entrance and exit ramps to parking areas shall not exceed two (2) in number
and each such ramp shall be a width of 7.6 meters (25 ft.) at the street line
and edge of pavement;
(j)
the width of a driveway leading to a parking or loading area, or of a driveway
or aisle in a parking area, shall be a minimum of 3.1 (10 ft.) if for one-way
traffic, and the maximum width of a driveway shall be 6.1 meters (25 ft.).
5.29 Public Uses
This By-law does not apply to the use of land or the use, construction, or
reconstruction of any building or structure by the Town of Middleton or by the Town
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in cooperation with another government body, for the purposes of providing public
services or facilities.
5.30 Restoration to a Safe Condition
Nothing in this By-law shall prevent the strengthening or restoring to a safe condition
of any building or structure, provided that in the case of a non-conforming use the
provision of Section 241 - 242 of the Municipal Government Act of Nova Scotia shall
prevail.
5.31 Side Yards on Corner Lots
Notwithstanding anything else in this By-law, on a corner lot in any zone, no part of
any building, other than accessory buildings ,shall be erected closer than 1.8 meters
(6 ft.).to the lot line of the flanking street.
5.32 Structure to be Moved
No person shall move a structure within or into the area covered by this By-law
without obtaining a Development Permit from the Development Officer.
5.33 Temporary Uses Permitted
5.33.1
Nothing in this By-law shall prevent uses incidental to construction such
as a construction camp or other such temporary work camp, a tool shed,
scaffold, or similar building incidental to construction, providing that a
development permit has been issued for such construction.
5.33.2
Nothing in this By-law shall prevent structures erected for special
occasions and holidays, provided only that no such use remains in place
more than 14 consecutive days. This shall include outdoor displays for
special retail promotions.
5.34 Truck, Bus and Coach Bodies
No truck, bus, coach, automobile shipping container ("TEU") or street car body, or
prefabricated structure of any kind, other than an existing mobile home or dwelling
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unit erected and used in accordance with this and all other By-laws of the Town,
shall be used for human habitation within the Town of Middleton, whether or not
same is mounted on wheels.
5.35 Variance
5.35.1
Notwithstanding anything in this By-law the Development Officer may
grant a variance, subject to provisions of the Municipal Government Act,
in relation to:
(a) The percentage of land that may be built upon;
(b) The size or other requirements relating to yards;
(c) Lot frontage; and/or
(d) Lot area.
5.35.2
Pursuant to Policy I18, the Development Officer may also grant a variance
in relation to the following:
(a) The number of parking spaces and loading spaces required;
(b) Ground area and height of a structure;
(c) Floor area occupied by a home-based business; and/or
(d) The height and area of a sign.
5.36 Yard Sales, Community Organization Sales, Flea Markets
Notwithstanding anything else in this Bylaw, while regular or frequent yard sales are
not permitted within the Town, community organization sales and flea markets may
be held, with landowner consent, by service clubs and other non-profit organizations
in any non-residential zone, and no Development Permit shall be issued unless at
least twenty (20) on-site parking spaces are available for the subject sale or flea
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market.
Part 6
Signs
6.1
General
6.1.1 Where this part is inconsistent with the regulations respecting advertising
signs on or near public highways made or administered by the Province of
Nova Scotia Department of Transportation, the more restrictive regulations
shall apply.
6.1.2 No person shall erect a sign without first obtaining a permit, and no permit to
erect a sign shall be issued, unless intention to fulfil all the sign provisions of
this By- law is shown.
6.2
Safety and Maintenance
6.2.1 Every sign and all parts thereof, including framework, supports, background,
anchors, and wiring systems shall be constructed and maintained in
compliance with the Building, Electrical, and Fire Prevention By-laws.
6.2.2 All signs and all parts thereof shall be kept in a good state of repair and
maintenance and shall not be allowed to become unsightly or dangerous.
6.3
Limit on Number of Signs
6.3.1 For the purpose of this section, where a multiple tenancy building is occupied
by more than one business, each business area shall be considered as
separate premises.
6.3.2 Notwithstanding anything else in this By-law or elsewhere, not more than four
signs may be erected on any premises at any one time provided that:
(a)
a double faced sign shall count as a single sign;
(b)
signs enumerated in Section 4 of this Part shall not be counted in
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calculating the total;
(c)
not more than one ground sign shall be permitted on any one lot,
except in the case of a service station located on a corner lot where a
maximum of two ground signs shall be permitted;
(d)
not more than one facial wall sign per wall shall be permitted for each
business premises; and
(e)
not more than one projecting wall sign per wall shall be permitted for
each business premises.
6.4
Signs Permitted in all Zones
The following signs are permitted in all zones:
(a)
signs identifying name and address of resident and of not more than 0.2 m2
(2.15 sq. ft.) in sign area;
(b)
"no trespassing" signs or other such signs regulating the use of property and
of not more than 0.2 m2 (2.15 sq. ft.);
(c)
real estate signs not exceeding 0.5 m2 (5.38 sq. ft.) in sign area in a
residential zone and 1.5 m2 (16.15 sq. ft.) in other zones, that advertise the
sale, rental, or lease of the premises;
(d)
signs regulating or denoting on-premises traffic, parking or other signs
denoting the direction or function of various parts of a building or premise,
provided that such signs are less than 0.5 m2 (5.38 sq. ft.) in area;
(e)
signs erected by a governmental body or under the direction of such a body;
(f)
memorial signs or tablets and signs denoting the date of erection of a
structure;
(g)
the flag, pennant, or insignia of any government, religious, charitable, or
fraternal organization;
(h)
a sign having an area of not more than 4.5 m2 (48.44 sq. ft.), incidental to
construction and within the area designated for such purposes; and
(i)
signs relating to an election, provided they are erected not more than forty-
five days preceding the ordinary polling date and are removed within seven
days after the ordinary polling date.
Page 50 of 76
6.5
Signs Prohibited in all Zones
The following signs shall not be permitted in any zone:
(a)
signs that incorporate, in any manner, any flashing or moving
illumination that varies in intensity or that varies in colour and signs that
have any visible moving parts, visible revolving parts, or visible
mechanical movement achieved by electrical pulsations or by actions
of normal wind currents;
(b)
any sign or sign structure that constitutes a hazard to public safety or
health;
(c)
signs that by reason of size, location, content, colouring, or manner of
illumination, obstruct the vision of drivers, either when leaving a
roadway or driveway, or obstruct or detract from the visibility or
effectiveness of any traffic sign or control device on public streets and
roads;
(d)
any sign that obstructs free ingress to or egress from a fire escape
door, window, or other required exit way;
(e)
signs not erected by a public authority that make use of words such as
"STOP", "LOOK", "ONE-WAY", "DANGER", "YIELD" or any similar
words, phrases, symbols, lights, or characters, in such manner as to
interfere with, mislead, or confuse traffic along a public road;
(f)
any sign that no longer advertises a bonafide business conducted or a
product sold;
(g)
signs on public property or public right-of-way, unless erected by a
government body or directed to be so located by order of a
governmental body, or projecting wall signs, or signs as may be
permitted by request of a government body;
(h)
signs painted on a tree, stone, cliff, or other natural object;
(i)
signs not related to any business or use located on the lot or premises;
(j)
portable signs on wheels or metal frames not affixed to the ground; and
(k)
search lights, pennants, spinners, banners and streamers, provided
that on occasions such as grand openings, county fairs, public
festivals, exhibitions, and similar occasions, the same are permitted for
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a period not to exceed two weeks.
6.6
Facia Wall Signs
No facial wall sign shall:
a) Extend above the wall on which it is placed;
b) Extend beyond the extremities of the wall to which it is attached;
c) Project more than 40 cm (15.7') from the wall of the building to which it is
attached; and
d) Exceed 10m2 (107.6 sq.ft.) in total combined sign area.
6.7
Projecting Wall Signs
No projecting wall sign shall:
(a)
exceed 2 m2 (21.53 sq. ft.) in sign area;
(b)
project more than 2 m (6.56 ft.) from the wall upon which it is attached; and
(c)
hang lower than 2.5 m (8.2 ft.) above grade.
6.8
Ground Signs
No ground sign shall:
(a)
extend beyond a property line or project over a right-of-way, other adjoining
lands, daylighting triangles, or any driveway or parking space;
(b)
be set back less than 1 m (3.28 ft.) from any street line, common lot boundary,
driveway, aisle, or parking area; and
(c)
have more than one sign on the support structure.
6.9
Special Requirement: Roof Signs
Roof signs shall be permitted only in the Middleton Industrial Park and shall be
subject to the following conditions:
(a)
roof signs must be designed and engineered to have no superstructure; and
(b)
the sign shall not exceed 1.5 m (4.92 ft.) in height and 15 m (49.21 ft.) in
Page 52 of 76
length and shall not project beyond any wall of the building.
6.10 Special Requirement: Business Signs for Uses in Residential Zones
In the case of a business use permitted in a residential zone, one sign that does not
exceed 0.5 m2 (5.38 sq. ft.) in sign area is permitted for each such use, unless the
use fronts on Main Street, Commercial Street, or Bridge Street, in which case one
business sign which does not exceed 1 m2 (10.76 sq. ft.) in sign area is permitted.
Page 53 of 76
Part 7
Residential (R) Zone
7.1
Uses Permitted
No development permit shall be issued in a Residential Single Unit (RSU) zone,
except for one or more of the following uses:
- Single Unit Dwellings
- Semi-detached and Duplex Dwellings
- Converted Dwellings
- Townhouse Dwellings
- Multiple Unit Dwellings
- Grouped Dwellings
- Short Term Rental
- Manses and Rectories
- Existing Rooming and Boarding Houses
- Existing Day Nurseries and Day Care Centres
- Existing Bed and Breakfast Uses and Inns
7.2
Zone Requirements
The following requirements apply to the development of new permitted uses with the
Residential (R) Zone.
Single Unit
Semi-detached
Per unit
Townhouse
Per unit
Multiple
Unit
Dwelling
Per unit
Grouped
Dwellings
Per unit
Lot Area
460 m2
371 m2
185 m2
510 m2
510 m2
Lot Frontage
20 m
12 m
6 m
30 m
20 m
Front Yard
8 m
8 m
8 m
10 m
8 m
Rear Yard
6 m
9 m
6 m
10 m
9 m
Side Yard
1.5 m & 3 m
3 m
1.5 m & 3 m
6 m
1.5 m & 3 m
Height
10 m
10 m
10 m
12 m
10 m
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7.3
Maximum Number of Units
The maximum number of units permitted for any use in the Residential (R) Zone
shall be six (6).
7.4
Minimum Side Yards for Semi-detached and Townhouse Dwellings
The minimum side yard setback requirements shall be waived for the common
boundary between attached dwelling units.
7.5
Parking Requirements
All development within the Residential (R) Zone shall comply with the minimum
parking requirements set forth in Part 5.27 and 5.28.
7.6
Residential Occupancy of Accessory Structures
The minimum zone requirements shall be waived for the conversion of an existing
accessory structure for residential use.
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Part 8
Residential Mixed Use (RMU) Zone
8.1
Uses Permitted
No development permit shall be issued in a Residential Mixed Use (RMU) zone,
except for one or more of the following uses:
- Single Unit Dwellings
- Retail located within Existing Structures
- Personal Service located within Existing Structures
- Professional Service Uses located within Existing Structures
- Business and Professional Offices located within Existing Structures
- Institutional Use
- Existing Semi-detached and Duplex Dwellings
- Existing Converted Dwellings containing two (2) units or more
- Existing Townhouse Dwellings
- Existing Multiple Unit Dwellings
- Existing Grouped Dwellings
- Existing Rooming and Boarding Houses
- Existing Homes for Special Care
- Existing Manses and Rectories
- Existing Day Nurseries and Day Care Centres
- Existing Bed and Breakfast Uses and Inns
8.2
Zone Requirements
Minimum Lot Area
460 m2 (4,951 sq. ft.)
Minimum Lot Frontage
20 m (65.6 ft.)
Minimum Lot Depth
23 m (75.45 ft.)
Minimum Front Yard Setback
8 m (26.25 ft.)
Minimum Rear Yard
6 m (19.68 ft.)
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Minimum Side Yards
1.5 m (4.92 ft.) one side; 3 m (9.84 ft.) other
side
Maximum Height of Structures
10 m (32.80 ft.)
8.3
Requirements for Commercial Uses
Permitted commercial uses shall be allowed to occupy the entire area of an existing
structure. No addition or expansion of existing structures shall be permitted for the
purposes of conversion to and occupancy by a permitted commercial use.
8.4
Parking Requirements for Commercial Uses
Where an existing residential structure is converted for commercial use, parking as
required in Part 5.25 shall be provided in addition to one (1) space per dwelling unit.
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Part 9
Residential Future High Density (RFH) Zone
9.1
Uses Permitted
No development permit shall be issued in a Residential Future High Density (RFH)
zone, except for one or more of the following uses:
- Single Unit Dwellings
- Semi-detached and Duplex Dwellings
- Townhouse Dwellings to a maximum of 6 units
- Multiple Unit Dwellings to a maximum of 12 units
- Group Dwellings
9.2
Zone Requirements
9.2(1) Single Unit Dwellings
Minimum zone requirements for Single Unit Dwellings in the Residential
Future High Density (RFH) Zone shall comply with Part 7.2.
9.2(2) Two Unit Dwellings
Minimum zone requirements for Two Unit Dwellings in the Residential
Future High Density (RFH) Zone shall comply with Part 8.2.
9.2(3) Townhouse Dwellings, Per Unit
Minimum Lot Area
185.8 m2 (2,000 sq. ft.)
Minimum Lot Frontage
6 m (19.68 ft.)
Minimum Lot Depth
30 m (98.4 ft.)
Minimum Front Yard Setback
8 m (26.25 ft.)
Minimum Rear Yard
6 m (19.68 ft.)
Minimum Side Yards
1.5 m (4.92 ft.) one side; 3 m (9.84 ft.) other
side
Side Yard, Common Boundary
0 m (0 ft.)
Maximum Height of Structures
10 m (32.80 ft.)
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9.2(4) Multiple Unit Dwellings
Minimum Lot Area
1,185 m2 ( sq. ft.)
Minimum Lot Frontage
26 m (85.3 ft.)
Minimum Lot Depth
45 m (147.6 ft.)
Minimum Front Yard Setback
8 m (26.25 ft.)
Minimum Rear Yard
10.6 m (34.7 ft.)
Minimum Side Yards
3 m (9.84 ft.) or half the height of the
building, whichever is greater
Maximum Height of Structures
10 m (32.80 ft.)
9.3
New Residential Development
No development permit shall be issued in a Residential Future High Density (RFH)
Zone for development that is not serviced with Town sewer, water, and storm water
services.
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Part 10
Residential Holding (RH) Zone
10.1 Uses Permitted
No development permit shall be issued in a Residential Holding (RH) Zone, except
for one or more of the following uses:
- Existing Single Unit Dwelling
- Existing Two Unit Dwellings
- Existing Converted Dwellings
- Existing Multiple Unit Dwellings
- Existing Agriculture Uses
10.2 Zone Requirements
Minimum Lot Area
2,787 m2 (30,000 sq. ft.)
Minimum Lot Frontage
46 m (150.9 ft.)
Minimum Front Yard Setback
8 m (26.25 ft.)
Minimum Side Yards
3 m (9.84 ft.) or half the height of the building,
whichever is greater
Maximum Height of Structures
10 m (32.80 ft.)
10.3 New Residential Development
No development permit shall be issued in a Residential Holding (RH) Zone for
development that is not serviced with Town sewer, water, and storm water services.
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Part 11
Commercial Downtown (CD) Zone
11.1 Uses Permitted
No development permit shall be issued in a Commercial Downtown (CD) zone,
except for one or more of the following uses:
- Retail
- Commercial Services
- Craft Food and Beverage Productions
- Personal Services
- Business and Professional Offices
- Government Offices
- Financial Institutions
- Medical Clinics
- Commercial Schools
- Restaurants
- Licensed Establishments
- Institutional Uses
- Utility Uses
- Places of Entertainment
- Museums, Libraries, and Cultural Facilities
- Service Stations
- Hotels, Motels, and Commercial Accommodations
- Public and Private Recreation Uses
- Parking Lots
- Existing Building Supplies Businesses
- Existing Warehouses
- Existing one (1) and two (2) Unit Residential Dwellings
- Existing Converted Dwellings containing more than two (2) Units
- Existing Multiple Unit Dwellings
- Converted Dwellings to a maximum of two (2) Units
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11.2 Zone Requirements
11.2(1)
Commercial, Institutional and Utility Use
Minimum Lot Frontage
6.1 m (20ft.)
Minimum Lot Area
92.9 sq. m (1,000 sq. ft.)
Minimum Front Yard
0 m (0 ft.)
Minimum Rear Yard
6 m (19.68 ft.)
Minimum Side Yards
0 m (0 ft.)
Maximum Height of Structures
10 m (32.80 ft.)
11.2(2)
Residential Use
Where not otherwise subject to a development agreement, the
expansion of existing dwellings, the conversion of existing dwellings,
or the development of new dwellings accessory to an existing
commercial use shall be subject to the zone requirements for the use
as set out respectively in Parts 7 and 9.
11.2(3)
Residential Use Accessory to Commercial Use
Residential uses accessory to a commercial use within an existing
commercial structure shall be located above or if at street level behind
the commercial use.
11.3 Outdoor Storage and Display
11.3(1)
No permanent outdoor storage or outdoor display shall be permitted
within 6m (19.68 ft.) of a street right-of-way.
11.3(2)
Outdoor storage areas shall be fenced and screened from public view.
11.3(3)
Temporary outdoor display, to a maximum period of 48 hours, relating
to the commercial use on a lot shall be permitted, subject to the display
use not extending beyond the property boundary.
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11.4 Abutting Zone Requirements
Where a Commercial Downtown (CD) Zone abuts a Residential or the Recreation
and Open Space zone, the following restrictions shall apply to a
Commercial
Downtown Zone abutting yard:
(a)
the minimum setback requirements for the abutting side yard shall be
6m (19.68 ft);
(b)
no open storage or outdoor display shall be permitted within the required
abutting yard;
(c)
the 6 m (19.68 ft.) setback shall be planted with trees and landscaped,
upon development of the property.
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Part 12
Commercial General (CG) Zone
12.1 Uses Permitted
No development permit shall be issued in a Commercial General (CG) zone, except
for one or more of the following uses:
- Retail
- Commercial Services
- Craft Food and Beverage Productions
- Personal Services
- Business and Professional Offices
- Automobile trades, including sales, service, repair, leasing and storage
- Service Stations and Garages
- Institutional Uses
- Hotels, Motels and Commercial Accommodations
- Restaurants
- Licensed Establishments
- Existing one (1) and two (2) Unit Residential Dwellings
- Existing Converted Dwellings containing more than three (3) Units
- Existing Multiple Unit Dwellings
- Converted Dwellings to a maximum of three (3) Units
12.2 Zone Requirements
Minimum Lot Frontage
30 m (98.42 ft.)
Minimum Front Yard Setback
9 m (29.53 ft.)
Minimum Rear Yard Setback
6 m (19.68 ft.)
Minimum Side Yards
to the building height or 3 m (9.84 ft.), whichever
is greater
Maximum Height of Structures
10 m (32.80 ft.)
12.3 Special Requirements
12.3.1
Where required, uses shall provide on-site loading and unloading facilities
(see Part 5.20).
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12.3.2
All uses shall provide parking at a rate of one parking space for every 20
m2 (215.28 sq. ft.) of interior or exterior retail area.
12.3.3
Outdoor storage areas shall be fenced and screened from the view of the
public. This requirement shall not apply to outdoor display areas.
12.4 Abutting Zone Requirements
Where a Commercial General (CG) Zone abuts a Residential or the Recreation and
Open Space zone, the following restrictions shall apply to a Commercial General
Zone abutting yard :
(a)
the minimum setback requirements for the abutting side yard shall be 6 m
(19.68 ft.);
(b)
no open storage or outdoor display shall be permitted within the required
abutting yard;
(c)
the 6 m (19.68 ft.) setback shall be planted with trees and landscaped, upon
development of the property.
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Part 13
Industry and Commercial Enterprise (ICE) Zone
13.1 Uses Permitted
No development permit shall be issued in an Industry and Commercial Enterprise
(ICE) Zone, except for one or more of the following uses:
- Any manufacturing, processing, industrial or assembly operation, excepting
those connected with primary petroleum, metal, scrap metal, or chemical
industries and motorized transportation equipment
- Craft Food and Beverage Productions
- Warehousing
- Service Stations and Bulk Plants and Fuel Storage
- Automotive and Recreation Vehicle Sales and Service
- Industrial Services
- Machine Shops
- Municipal Maintenance Depots
- Transportation and Distribution Use, including Moving and Storage Warehouse
- Recycling Depots (totally enclosed)
- Commercial Services
- Retail
- Personal Services
- Business and Professional Offices
- Institutional Uses
- Electronics Manufacturing and Industrial Communications
- Builders' and Contractors' Yards and Depots
- Laboratory, Testing and Research and Development Facilities
- Hotel, Motel and Commercial Accommodations
13.2 Zone Requirements
Minimum Lot Frontage
30 m (98.42 ft.)
Minimum Front Yard Setback
9 m (29.53 ft.)
Minimum Rear Yard Setback
6 m (19.68 ft.)
Minimum Side Yards
one-half the building height or 3 m (9.84 ft.),
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whichever is greater
Maximum Height of Structures
10 m (32.80 ft.)
13.3 Special Requirements
13.3.1
All uses shall provide on-site loading and unloading facilities.
13.3.2
All uses shall provide one parking space for every 75 m2 (807.31 sq.
ft.) of floor area.
13.3.3
Outdoor storage areas shall be fenced and screened from the view of
the public. This requirement shall not apply to outdoor display areas.
13.3.4
Permitted uses shall not be obnoxious by reason of sound, odour,
dust, fumes, smoke, or other emission or refuse matter or water-
carried waste.
13.4 Abutting Zone Requirements
Where an Industrial and Commercial Enterprise (ICE) Zone abuts a Residential or
the Recreation and Open Space zone, the following restrictions shall apply to the
Industrial and Commercial Enterprise (ICE) Zone abutting yard:
(a) the minimum setback requirements for the abutting rear and side yard shall be
15.2 m (50 ft);
(b) no open storage or outdoor display shall be permitted within the required abutting
yard;
(c) existing trees within the abutting yard with a trunk diameter of 10 cm (4 inches)
or greater shall not be removed.
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Part 14
Institutional (INS) Zone
14.1 Uses Permitted
No development permit shall be issued in an Institution (INS1) Zone, except for one
or more of the following uses:
- Cemeteries, Memorial Gardens, and Places of Worship
- Churches, Chapels, and Religious Institutions
- Medical Clinics
- Judicial Facilities
- Government Offices and Public Works Facilities
- Hospitals
- Institutions
- Libraries
- Museums
- Private Clubs and Fraternal Organizations
- Public Health and Rehabilitation Centres
- Residential Structures accessory to permitted uses above
- Schools and Educational Establishments
14.2 Zone Requirements
In an Institutional (INS) Zone, no development permit shall be issued except in
conformity with the following requirements:
Minimum lot area
930 m2 (10,010.76 sq. ft.)
Minimum lot frontage
30 m (98.42 ft.)
Minimum front yard
8 m (26.25 ft.)
Minimum rear yard
8 m (26.25 ft.)
Minimum side yard
4.5 m (14.76 ft.) or one-half the height of the main
building, whichever is greater
Maximum height of structure 14 m (45.93 ft.)
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14.3 Special Requirements
Where an Institutional (INS) Zone use abuts a Residential Zone, a 2 m (6.56 ft.)
buffer strip, planted with a hedge of not less than 1.8 m (5.9 ft.) in height, or other
equivalent vegetative or opaque screening shall be provided abutting the lot line.
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Part 15
Recreation and Open Space (OS) Zone
15.1 Uses Permitted
No development permit shall be issued in a Recreation and Open Space (OS) Zone,
except for one or more of the following uses:
- Public and Private Parks and Open Space
- Community Centres, Recreation Centres and Facilities
- Pavilions
- Bandshells
- Skateboard, Bicycle and Scooter Parks
- Splash Pads
15.2 Zone Requirements
In an Institutional (INS) Zone, no development permit shall be issued, except in
conformity with the following requirements:
Minimum lot area
92.9 m2 (1,000 sq. ft.)
Minimum lot frontage
6.1 m (20 ft.)
15.3 Special Requirements
Where a Recreation and Open Space Zone use abuts a Residential Zone, a 2 m
(6.56 ft.) buffer strip, planted with a hedge of not less than 1.8 m (5.9 ft.) in height,
or other equivalent vegetative or opaque screening shall be provided abutting the lot
line.
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Part 16
Environmentally Sensitive Area (ESA) Zone
16.1 Uses Permitted
No development permit shall be issued in the Environmentally Sensitive Area (ESA)
Zone, except for one or more of the following uses:
- agricultural uses not requiring permanent structures;
- existing residential uses
16.2 Zone Requirements
Expansion of existing residential uses or the replacement of residential structures to
accommodate existing residential uses, shall be subject to the requirements set out
in the Residential (R) Zone.
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Part 17
Wellfield Overlay
17.1 Uses Prohibited
Notwithstanding the uses permitted in any zone, where the Wellfield Overlay is
applied to any lot, the following uses shall be prohibited:
- Service Stations, Automotive Repair and Gas Bars
- Bulk Fuel and Oil Storage
- Dry Cleaning Facilities
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Schedule B -Parking Standards Map