Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-Law
Pictou, Nova Scotia
· adopted 2024-09-23
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Towns of Pictou, Stellarton, and
Trenton (Common) Land Use By-law
2025
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Preface
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Preface
This document constitutes the Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-Law
("LUB") of Pictou County Nova Scotia ("the Towns"). This LUB updates and replaces the existing
Common LUB, in effect since 2016, and is adopted pursuant to the Municipal Government Act of Nova
Scotia ("MGA"). This LUB, along with the Subdivision By-Law ("SDB"), the Inter-municipal Planning
Strategy ("IMPS") and the Secondary Planning Strategies ("SPS") form the "Planning Documents" as
defined in s. 191(n) MGA.
An SPS will be adopted by each municipal unit to address Land Use and land Development matters
specific to each Town. The three SPS documents will also form part of the IMPS, but each may be
amended from time to time by its parent municipal unit.
This LUB is intended to add to and not to conflict with or subtract from, the requirements contained
in valid Federal and Provincial laws and regulations in force from time to time and shall be
interpreted accordingly.
Any capitalized word herein is defined.
For ease of reference throughout, Pictou County means the geographic area comprising the Towns
and the Municipality of the County of Pictou and is not a reference to the Municipality of the County
of Pictou.
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Certification
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Certification
We certify that the following LAND USE BY-LAW was duly adopted by the Councils of the Towns of
Pictou County at duly called meetings and was published as indicated below.
_______________________________
________________________________
Kyle Slaunwhite, CAO/ Town of Pictou
_______________________________
_______________________________
Susan Higdon, CAO/
Alanna MacDonald, CAO/
Town of Stellarton
Town of Trenton
Municipality
Date of
First
Reading
Date of Public
Participation
Meeting
Date of
Public
Hearing
Date of
Second
Reading
Date of
Ministerial
Approval
Notice of
Effective
Date
Town of Pictou
July 22, 2024
June 26, 2024
September 23,
2024
September 23,
2024
Town of Stellarton
September 9,
2024
June 25, 2024
October 15,
2024
October 15,
2024
Town of Trenton
September
10, 2024
June 24, 2024
October 22,
2024
October 22,
2024
Office Consolidations include Ministerial Amendments to the original and will be revised from time
to time as required by future amendments. Office Consolidations are prepared for ease of reference
only; refer to original documents for accuracy, available at the Towns.
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Table of Contents
PREFACE ..................................................................................................................................................................... I
CERTIFICATION ...................................................................................................................................................... II
PART 1: INTRODUCTION ..................................................................................................................................... 1
1.
EFFECTIVE DATE ...................................................................................................................................................... 1
2.
TITLE .......................................................................................................................................................................... 1
3.
PURPOSE .................................................................................................................................................................... 1
PART 2: INTERPRETATION AND DEFINITIONS ........................................................................................... 2
4.
INTERPRETATION ..................................................................................................................................................... 2
5.
DEFINITIONS.............................................................................................................................................................. 2
PART 3: ADMINISTRATION ............................................................................................................................. 26
6.
DEVELOPMENT OFFICER ....................................................................................................................................... 26
7.
DEVELOPMENT PERMIT ........................................................................................................................................ 26
8.
DEVIATIONS ............................................................................................................................................................. 26
9.
RIGHT OF ENTRY..................................................................................................................................................... 26
10.
LAPSE OF PERMITS ................................................................................................................................................. 26
11.
REVOCATION OF PERMITS ..................................................................................................................................... 27
12.
REFUSAL OF PERMITS ............................................................................................................................................ 27
13.
VIOLATIONS ............................................................................................................................................................. 27
14.
APPLICATION FOR DEVELOPMENT PERMITS ..................................................................................................... 27
15.
PLANNING ADVISORY COMMITTEE ...................................................................................................................... 28
16.
GENERAL BY-LAW PROVISIONS ........................................................................................................................... 28
PART 4: INTERPRETATION OF MAPS AND TEXT ..................................................................................... 29
17.
ZONE CLASSIFICATION ........................................................................................................................................... 29
18.
ZONING MAP ........................................................................................................................................................... 29
19.
INTERPRETATION OF ZONING BOUNDARIES ...................................................................................................... 29
20.
ZONES NOT ON ZONING MAP ................................................................................................................................ 30
PART 5: ALL ZONES ............................................................................................................................................ 31
21.
GENERAL .................................................................................................................................................................. 31
22.
PARKING AND LOADING ......................................................................................................................................... 39
23.
SIGNAGE ................................................................................................................................................................... 46
24.
DEVELOPMENT IN AREAS PRONE TO SUBSIDENCE ........................................................................................... 54
25.
ENVIRONMENTAL PROTECTION ........................................................................................................................... 54
26.
WIND ENERGY ........................................................................................................................................................ 54
27.
HOME OCCUPATIONS ............................................................................................................................................. 56
28.
BED & BREAKFAST ESTABLISHMENTS ............................................................................................................... 57
29.
DAY CARE FACILITIES ............................................................................................................................................ 57
30.
GARDEN SUITES AND GARAGE SUITES ................................................................................................................ 58
31.
SITE PLANS .............................................................................................................................................................. 58
32.
DEVELOPMENT AGREEMENTS .............................................................................................................................. 60
PART 6: RESIDENTIAL ZONES......................................................................................................................... 62
33.
RESIDENTIAL SINGLE UNIT DWELLING (R1) ZONE ......................................................................................... 62
34.
HOBBY FARMS ......................................................................................................................................................... 64
35.
GARDEN PLOTS ....................................................................................................................................................... 64
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
36.
RESIDENTIAL TWO UNIT (R2) ZONE ................................................................................................................. 65
37.
RESIDENTIAL MULTIPLE UNIT (R3) ZONE ........................................................................................................ 69
38.
RURAL RESIDENTIAL (RR) DEVELOPMENT....................................................................................................... 72
39.
RESIDENTIAL MINI HOME PARK (R5) ZONE .................................................................................................... 75
40.
RESIDENTIAL TINY HOMES (R6) ZONE.............................................................................................................. 77
PART 7: COMMERCIAL ZONES ........................................................................................................................ 81
41.
DOWNTOWN CORE (C1) ZONE ............................................................................................................................ 81
42.
NEIGHBOURHOOD COMMERCIAL (C2) ZONE .................................................................................................... 85
43.
HIGHWAY COMMERCIAL (C3) ZONE ................................................................................................................... 87
44.
COMMERCIAL BUSINESS PARK (C4) ZONES ...................................................................................................... 92
PART 8: INDUSTRIAL ZONES ........................................................................................................................... 97
45.
LIGHT INDUSTRIAL (M1) ZONES ......................................................................................................................... 97
46.
PROVINCIAL RESOURCE (M2) ZONE ................................................................................................................ 101
47.
GENERAL INDUSTRIAL (M3) ZONE .................................................................................................................. 103
PART 9: INSTITUTIONAL (I) ZONE .............................................................................................................. 106
48.
INSTITUTIONAL (I) ZONE ................................................................................................................................... 106
PART 10: RECREATION (P) ZONE ................................................................................................................ 109
49.
RECREATION (P) ZONE ...................................................................................................................................... 109
PART 11: FLOODPLAIN (F) ZONE ................................................................................................................ 111
50.
FLOODPLAIN (F) ZONE ....................................................................................................................................... 111
PART 12: WATERFRONT (W) ZONE ........................................................................................................... 112
51.
WATERFRONT (W) ZONE .................................................................................................................................. 112
PART 13: WATER SUPPLY (WS) ZONE ....................................................................................................... 115
52.
WATER SUPPLY (WS) ZONE ............................................................................................................................. 115
PART 14: AIRPORT (AP) ZONE ..................................................................................................................... 116
53.
AIRPORT (AP) ZONE ........................................................................................................................................... 116
PART 15: SCHEDULES ...................................................................................................................................... 118
54.
SCHEDULE A - ZONE MAPS ............................................................................................................................... 118
55.
SCHEDULE B - SUBSIDENCE PRONE LANDS .................................................................................................... 118
56.
SCHEDULE C - ENVIRONMENTAL FEATURES .................................................................................................. 118
57.
SCHEDULE E - GROUNDS SIGNS MAX 24.4M (80 FT) IN HEIGHT .............................................................. 118
58.
SCHEDULE G - LIST OF STREETS WHERE COMMERCIAL FRONTAGE REQUIREMENTS APPLY ............... 118
59. SCHEDULE H - REQUIREMENTS FOR MINI-HOMES AS GARDEN AND GARAGE SUITES, WHERE APPLICABLE
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Tables
Table 1 - Zone Classifications .......................................................................................................................................... 29
Table 2 - Permitted Encroachments into Yards ....................................................................................................... 36
Table 3 - Designated Parking Stalls ............................................................................................................................... 41
Table 4 - Parking Requirements for Residential Uses ........................................................................................... 42
Table 5 - Parking Requirements for Commercial Uses ......................................................................................... 42
Table 6 - Parking Requirements for Institutional Uses ......................................................................................... 43
Table 7 - Parking Requirements for Industrial Uses .............................................................................................. 44
Table 8 - Vehicle Queuing Requirements .................................................................................................................... 46
Table 9 - Residential Single Unit (R1) Zone Requirements ................................................................................. 63
Table 10 - Residential Two Unit (R2) Zone Requirements ................................................................................. 66
Table 12 - Existing Multiple Residential Dwelling and Boarding Houses ..................................................... 67
Table 13 - Residential Multiple Unit (R3) Zone Requirements ......................................................................... 70
Table 14 - Residential Multiple Unit (R3) Recreation Space Requirements ................................................ 70
Table 15 - Rural Residential (RR) Zone Requirements ......................................................................................... 73
Table 16 - Rural Residential (RR) Zone Requirements (for Flag Lots) .......................................................... 73
Table 17 - Residential Mini Home Park (R5) Zone Requirements ................................................................... 76
Table 19 - Downtown Core (C1) Zone Requirements ........................................................................................... 83
Table 21 - Neighbourhood Commercial (C2) Zone Requirements ................................................................... 86
Table 22 - Highway Commercial (C3) Zone Requirements ................................................................................. 89
Table 23 - Highway Commercial (C3) Zone Requirements (for Flag Lots) .................................................. 89
Table 24 - Commercial Business Park (C4) Zone Requirements ...................................................................... 94
Table 26 - Light Industrial (M1) Zone Requirements ............................................................................................ 98
Table 27 - General Industry (M3) Zone Requirements ...................................................................................... 104
Table 28 - Institutional (I) Zone Lot Requirements ............................................................................................ 107
Table 29 - Recreation (P) Zone Lot Requirements .............................................................................................. 110
Table 30 - Waterfront (W) Zone Requirements .................................................................................................... 113
Table 31 - Water Supply (WS) Zone Requirements ............................................................................................ 115
Table 32 - Airport (AP) Zone Requirements .......................................................................................................... 116
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 1: Introduction
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Part 1: Introduction
1.
Effective Date
This By-Law shall take effect when the Notice of Effective Date has been published,
whereupon any applicable previous Land Use By-Law (LUB) is repealed.
2.
Title
This By-Law may be cited as the "Land Use By-Law" (LUB) for the Towns and applies to all
lands within the Towns.
3.
Purpose
This By-Law is enacted to carry out the purpose and intent of the Inter-Municipal Planning
Strategy (IMPS) and Secondary Planning Strategies (SPS) for the Towns, which can also be
referred to as the "Municipal Planning Strategy" (MPS), in accordance with the sections 215,
216, and 219 of the Municipal Government Act. 1998, c. 18 (MGA), by regulating Structure
Use, location, size, spacing and character, as well as certain provisions of the Subdivision By-
Law (SUB).
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 2: Interpretation and Definitions
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Part 2: Interpretation and Definitions
4.
Interpretation
In this By-Law, tense and numbers are interchangeable, gender is neutral, and interpretation
shall be in accordance with the Interpretation Act. R.S., c. I-23. Linear and area measurements
are shown in metric with rounded imperial conversions. The imperial conversions are
intended as a convenience, and the Development Officer shall interpret the requirements
when necessary.
List of Abbreviations
DA
Development Agreement
GFLUM
Generalized Future Land Use Map
IMPS or IPS
Inter-Municipal Planning Strategy
LUB
Land Use By-Law
MGA
Municipal Government Act of Nova
Scotia
NBCC
National Building Code of Canada
SDB
Subdivision By-Law
SPA
Site Plan Approval
CD
Commercial Designation
SPS
Secondary Planning Strategy
RD
Residential Designation
5.
Definitions
In this By-Law, section 5 definitions apply to the MPS, and abbreviation or technical standard
shall be interpreted by reference to The Zoning Dictionary and The Illustrated Book of
Development Definitions as applicable.
In this By-Law:
5.1.
Accessory Building means a subordinate Building on the Main Building Lot, incidental to
and exclusively for the main Use, and does not include a Building attached to the Main
Building, a Swimming Pool, or a Fence.
5.2.
Accessory Structure means a subordinate Structure on the Main Building Lot, incidental to
and exclusively for the main Use.
5.3.
Accessory Use means a subordinate Use on the Main Building Lot, incidental to and
exclusively for the main Use.
5.4.
Accommodations mean Buildings or portions thereof in which rooms are regularly
provided for compensation for tourist Use and which are not used by the owner as a family
Dwelling, including without limitation, Hotels and Motels and not including Multiple Unit
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 2: Interpretation and Definitions
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Dwellings, Bed and Breakfast establishments, lodging houses, apartment Buildings,
Community Homes or special care homes.
5.5.
Adult Entertainment Use (including Adult Cabarets) means any establishment or Retail
business that offers goods, services, or entertainment to the public intended to deliver
sexual stimulation or is reasonably intended to appeal to erotic appetites. It includes,
without limitation, entertainment characterized by the display of the nude or semi-nude
human body in a sexual manner. Such entertainment is commonly promoted using
adjectives or terms such as "nude", "topless", "adult", "sexy", "exotic", and so on. It includes,
without limitation, Massage Parlours, video stores that primarily sell adult movie titles,
adult bookstores, and stores that primarily sell goods and supplies that purport to aid or
enhance the sexual experience.
5.6.
All Age Teen Club means a Commercial establishment primarily targeting teenagers and
operating as a dance or social club licensed per the Theatres and Amusements Act. R.S., c. 466
and which does not involve the licensed sale of alcoholic beverages.
5.7.
Alter means to structurally change a Building including, without limitation, volume change.
5.8.
Amenity Space means an area situate within a residential Development site for
recreational purposes including, without limitation, Landscaped areas, patios, private
space, Verandahs, balconies, communal Lounges, Swimming Pools, play areas and similar
Uses, but not including, Parking Lots, aisles, access driveways or any area occupied at grade
by a Building service area.
5.9.
Animal means any non-human Animal, including birds and fish used for agricultural
purposes and household pets.
5.10.
Animal Clinic means an Animal hospital in which the Use is confined to providing care to
outpatients with no overnight lodging of Animals.
5.11.
Animal Hospital means an establishment providing surgical or medical treatment or
examination of domestic pets entirely within a Building and may include:
5.11.1.
the premises where Animals are treated or kept;
5.11.2.
a Building or part of a Building used as the premises of a Veterinary Surgeon where
domestic Animals are treated but shall not include an Animal shelter or Kennel;
5.11.3.
a facility in which the practice conducted includes the confinement as well as the
treatment of patients;
5.11.4.
a Building or Structure in which facilities are provided for the prevention, cure and
alleviation of disease and injury to Animals and in conjunction with which there may
be shelter provided, within the Building or Structure, during the period of treatment;
5.11.5.
a Building where one or more licensed veterinarians and any associated staff provide
medical, surgical, grooming, boarding or similar services solely for household pets;
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 2: Interpretation and Definitions
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5.11.6.
a place where Animals or pets are given medical or surgical treatment, which may
include short time boarding of Animals incidental to such hospital Use; and
5.11.7.
a Building or part thereof used by veterinarians primarily for the purpose of the
consultation, diagnosis and Office treatment of household pets, but shall not include
long-term boarding facilities.
5.12.
Artwork means the graphic display of a painting, mural or the like with an artistic theme
that is not a Sign, and shall not include displays featuring a logo, emblem, company brand
or other advertising message in relation to a Commercial enterprise, industry or business.
5.13.
Automobile Rental Establishment means a Building or part thereof and may include a
defined space on a Lot used for vehicle rental but shall not include the servicing or repair of
automobiles.
5.14.
Automobile Sales Establishment means a Building or part thereof and may include a
defined space on a Lot used for vehicle sales and may include the servicing and repairing of
Motor Vehicles.
5.15.
Automobile Service Station means a Building or a clearly defined space on a Lot used for
the sale of lubricating oils and gasoline and may include the sale of automobile accessories
and the servicing and minor repairing of Motor Vehicles and may include an automobile Car
Wash or Convenience Store, or both, but does not include an automobile body shop.
5.16.
Bank (Drive-through) means an establishment with banking facilities for attracting and
servicing prospective customers travelling in Motor Vehicles which are driven onto the site
where such business is carried on, where normally the customer remains in the vehicle for
service.
5.17.
Bed and Breakfast means an owner-occupied single unit Dwelling in which the resident
owner supplies rooms for compensation for tourist Use and which is licensed per the Tourist
Accommodations Act. 1994-95, c. 9.
5.18.
Berm means a raised area of land to Screen a Use from abutting Uses.
5.19.
Blade Clearance means the distance from grade to the bottom of the Rotor's Arc on a Wind
Turbine.
5.20.
Boarding House means a single unit Dwelling in which the resident supplies weekly or
monthly room only or room and board for compensation, and which is not open to the
traveling public.
5.21.
Buffer Strip means a Landscaped area that wholly or partially separates adjacent land Uses.
5.22.
Building means any Temporary or permanent Structure used for shelter, Accommodation
or enclosure of Persons, Animals, material or equipment, and which does not include a
mobile/modular Building with a Main Wall width of 6 metres or less.
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 2: Interpretation and Definitions
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5.23.
Building Height means the vertical distance between the Established Grade and the greater
of the mean level between the eaves and the ridge of a Gabled, hip, gambrel or other Pitched
roof, and the highest point of the roof surface or the parapet of a flat roof, or the Deck line
of a mansard roof, but does not include any ornamental accessory roof construction or
mechanical Building operation such as a chimney, Tower, cupola, steeple or antenna, or the
mounting area for solar panels.
5.24.
Building Line means a line regulating Lot position of a Building. The minimum Building
Line is established by the requisite Yard depth for the Lot Zone, except where an existing
Building is located closer on the Lot than the required depth, the latter which is considered
an established Building Line and is measured at the Main Wall of an existing Main Building.
5.25.
Bulk Storage Facility means a Lot used for large-quantity Outdoor Storage or tank storage
of raw materials or industrial goods such as liquids (fuel oil), gases, minerals, pipes, gravel,
fertilizers and grain, with or without Buildings.
5.26.
Cabaret means a Commercial establishment that features live entertainment and sells
liquor by the glass, and beer and wine by the glass, open bottle or other container, as per
the licensing requirements of the Liquor Control Act, R.S., c. 260.
5.27.
Café means a small Restaurant or an establishment primarily serving light meals.
5.28.
Campground means an area of land for the temporary accommodation of travel trailers,
motorized homes, tents and trailers used for travel, recreational and vacation purposes, but
does not include a mobile home park.
5.29.
Carport means a Building or Structure which is without walls on at least two sides and is
used for the parking and storage of a Motor Vehicle and for the purposes of this By-Law a
Carport with an enclosed second storey which is attached to the main Dwelling.
5.30.
Car Wash means any establishment or business that offers fixed-site car-cleaning services
or equipment that is part of a Structure and does not include a mobile Car Wash.
5.31.
Cemetery means a burial place or ground other than a churchyard that may include a vault
for the storage of remains and a chapel used for internment services.
Illustration of Building Height Calculations
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 2: Interpretation and Definitions
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5.32.
Church means a Building for religious worship and includes a Church Hall, Church
auditorium, Sunday school, parish hall, rectory, manse and Church-operated daycare.
5.33.
Clinic means a Building used for medical, dental, surgical or therapeutic treatment of
human patients that does not include overnight facilities and does not include a professional
Office of a doctor located in his or her residence.
5.34.
Climbing Apparatus means the ladder located on a Wind Turbine used for climbing and
maintenance.
5.35.
Commercial means any Use for Retail or wholesale trade or sale of goods, materials, and
services, or similar uses.
5.36.
Commercial Club means a club operated for gain other than a Community Centre.
5.37.
Commercial Recreation means a Building or Lot or part thereof used solely for recreation
or entertainment purposes for profit or gain, and may include such Uses as dance halls,
theatres, cinemas, billiards or pool halls, bowling alleys, miniature golf courses, bingo halls,
Campgrounds, and amusement arcades, or similar uses.
5.38.
Community Centre means a Building used for recreational, social, educational and cultural
activities, owned and operated by a public or non-profit group or agency.
5.39.
Community Garden means a piece of land utilized by a non-profit society or group for the
purposes of producing food and flowers for the personal Use of the society or group
members, or for the purposes of a community education program that encourages the
involvement of schools, youth groups and citizens.
5.40.
Community Home means a community-based group living arrangement, in a single
housekeeping unit, for up to a maximum of seven (7) individuals, exclusive of staff and/ or
receiving family, with special needs that is developed for the well-being of its residents
through self-help, professional care, guidance and supervision, and may include congregate
housing. A Community Home is licensed, funded or approved by the Province of Nova Scotia,
or a registered non-profit agency.
5.41.
Convenience Stores means a store and associated Uses that serve the need of the
surrounding area and shall include, but not be limited to, items of merchandise which
constitute the main feature of the following types of stores: general stores, food stores,
hardware stores, sporting goods stores, delicatessens and drug stores, provided that all
such items are new Retail merchandise and that such business is conducted within a wholly
enclosed Building, but may not include a Restaurant.
5.42.
Corner Vision Triangle means the area of a Corner Lot enclosed by a triangle, the apex of
which is the intersection of the flanking Lot line and the front Lot line, two sides of which
triangle are 6 metres (20') in length measured from the abutting Street Line of each Street
a distance of 6 metres (20') from their intersection point.
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 2: Interpretation and Definitions
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5.43.
Cottage means a freestanding rental unit for the Use of the traveling or vacationing public,
containing a maximum of three Bedrooms, a bathroom, a kitchen and/or living room.
5.44.
Council means the elected municipal Councils of the Towns, or the Council of the specific
Town.
5.45.
Country Inn means a Building, originally built as a single-family Dwelling, that may have
historical and/or architectural significance, and which is converted to a Tourist
Establishment with 4 or more rooms for rent for overnight sleeping Accommodations for
the traveling public. This type of inn may also include a Restaurant and/or residential
accommodation for the owner or caretaker.
5.46.
Court means an open, uncovered and unoccupied space appurtenant to a Building and
bounded on two or more sides by Building Walls.
5.47.
Cultural Use means any Use of a Building or land for Uses such as theatres, auditoriums, art
galleries, libraries, museums, meetings, conferences, and similar Uses.
5.48.
Custom Workshop means a Building or part of a Building used by a trade, craft or guild for
the manufacture of custom ordered clothes or articles and includes upholstering, repair,
refinishing of antiques and other art objects.
5.49.
Day Care means the activity as defined under the Day Care Act in a place where six (6) or
fewer preschool children or eight (8) or fewer school age children, including the children of
the caregiver, are cared for on a temporary basis for compensation without overnight
accommodation, but does not include a school.
5.50.
Day Care, Residential means the activity as defined under the Day Care Act in a place where
seven (7) or more preschool children or nine (9) or more school age children are cared for
on a temporary basis for compensation without overnight accommodation but does not
include a school.
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 2: Interpretation and Definitions
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5.51.
Deck means a Dwelling-abutting Structure without roof or walls excepting visual partitions
and railings constructed on piers or a foundation above-grade for outdoor living area Use.
5.52.
Decommissioning means Wind Turbine removal following at least one year of inactivity.
5.53.
Development includes any Erection, construction, Alteration, replacement, relocation or
addition to any Structure and any change or Alteration in the Use made of land or Structures.
5.54.
Development Agreement means an agreement pursuant to the MGA and an application to
address any Structure Erection, construction, Alteration, replacement, relocation or
addition and any land or Structure Use Alteration.
5.55.
Development Permit means a Development Officer-issued permit other than a Building
permit indicating proposed Development LUB compliance.
5.56.
Development Officer(s) means the municipal Development Officer(s) appointed by the
Town in accordance with the Municipal Government Act and charged with the duty of
administering the provisions of this By-Law.
5.57.
Dormitory means a Building used as group living quarters for a student body as an
Accessory Use for a college, university, boarding school or similar Institutional Use.
5.58.
Dry Cleaning Depot means a business where clothes and other items are dropped off to be
professionally cleaned which are then transported to another location for cleaning.
5.59.
Dwelling means a Building occupied or with capacity for home, residence, or sleeping
occupancy by one or more Persons, containing one or more Dwelling Units, and does not
include a Hotel, Motel, Apartment Hotel or a Travel Trailer.
5.60.
Dwelling, Converted means a Building converted to house more Dwelling Units than the
original Dwelling.
5.61.
Dwelling, Duplex means a Building divided horizontally into two
Dwelling Units each with a separate entrance from outside or
from a common vestibule.
5.62.
Dwelling, Existing Multiple Residential means a Converted
Dwelling or apartment Building containing three or more
Dwelling Units as Development Officer-verified by assessment record or otherwise.
5.63.
Dwelling, Group Care Facility means a Building provincially or federally licensed for the
housing and treatment of Persons, including hospitals, Nursing Homes, or other
establishment providing special care for physically or mentally ill or otherwise disabled
Persons.
5.64.
Dwelling, Mini Home means a pre-manufactured home with length-to-width ratio of 3:1
or greater, transportable as a single unit to the site and containing CAN/CSA - A277-90 or
later or CSA Z240 MH Series 92 or subsequent certification.
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 2: Interpretation and Definitions
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5.65.
Dwelling, Mobile Home means a pre-manufactured home designed for transportation
after fabrication by its own wheels or on a flatbed or other trailer, including prefabricated
Dwellings having any Main Wall with a width of less than 6.1 metres (20').
5.66.
Dwelling, Multiple means a Building comprising three (3) or more
residential Dwelling Units, and may include a Townhouse, and/or more
than one residential Dwelling on a Lot.
5.67.
Dwelling, Existing Mobile Home means a Mobile Home Dwelling as
Development Officer-verified by assessment record or otherwise.
5.68.
Dwelling, Semi-detached means a partially detached Building containing two Dwelling
Units, and may contain one Secondary Suite per NBCC provisions, and which is constructed
wholly on site from transported materials and not to be removed.
5.69.
Dwelling, Single Detached means a completely detached Building
containing one Dwelling Unit, and may contain one Secondary Suite per
NBCC provisions, and which is constructed wholly on site from
transported materials or prefabricated modular materials, and not to
be removed, and may include a "tiny home", which may have any or
every main wall of less than 6 metres (20 feet) (see further below).
5.69.1.
Dwelling, Tiny Home means a single unit dwelling that may or may not contain a main
wall of more than six (6) metres (20') and may be used as a garden suite or garage suite,
on a foundation with a minimum size of 150 square feet of floor area and shall comply
with all applicable building design regulations stated in the NBCC, as well as those
regulations stated in the LUB. A tiny home may be an accessory dwelling unit and shall
comply with all regulations for accessory dwelling units.
5.70.
Dwelling, Two Unit means a Building that is divided into two Dwelling Units, and may
include a Duplex, semi-detached, or detached Dwelling with a subsidiary apartment unit,
and may contain one Secondary Suite if located on an individual Lot, per NBCC.
5.71.
Dwelling, Townhouse means three or more Dwelling Units, each
with a separate entrance, constructed side by side and separated by
common vertical walls, and may contain one Secondary Suite if
located on an individual Lot, per NBCC.
5.72.
Dwelling Unit means one or more habitable rooms for Use by Person(s) as an independent
housekeeping establishment with separate kitchen and sanitary facilities for exclusive Use
by such Person(s), and with separate entrance from outside or from a common vestibule.
5.73.
Enriched Seniors Residence means a residence providing accommodations for senior
citizens, containing independent Dwelling units, and associated with an adjacent nursing
home that provides its services to the inhabitants of the residence.
5.74.
Erect means to build, construct, reconstruct, Alter or relocate and, without limitation,
includes preliminary operations such as excavating, grading, piling, cribbing, Filling or
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draining, or existing Building structural Alteration by addition, deletion, enlargement or
extension.
5.75.
Established Grade means the
average
elevation
of
all
finished
ground
surfaces
adjoining
each
exterior
Building wall exclusive of any
localized depression such as
vehicle
or
pedestrian
entrance.
5.76.
Fence means a constructed
barrier of any material or
combination thereof, and may
include Landscaping, Berms,
or the like, to enclose or
Screen, to prevent entrance, to
confine, or to mark a boundary.
5.77.
Fenestration means the form and placement of windows on Building elevations.
5.78.
Fill means granular material deposited on a Lot to Alter land level and must be capable of
sustaining any construction on it.
5.79.
Finance Company means a Person or entity providing non-depository financial services,
where the primary business is the buying or selling of mortgages, conditional sales
agreements, lien notes, or other obligations regarding property, or advancing or lending
money and providing security for the repayment thereof a mortgage or chattel. This
definition excludes a Person or entity whose primary business involves only providing
consultative services related to the financial matters outlined above, or brokering such
matters, in a business or professional Office.
5.80.
Financial Institution means an investment banking firm, brokerage firm or any entity that
obtains its funds mainly through deposits from the public, and includes all institutions
considered registered banks under the Bank Act, savings and loan associations, credit
unions, and the like.
5.81.
Fishery Use means a Use supportive of the fishery, including general storage, docks, boat
launches and sales of fish.
5.82.
Flood Proofing means a measure or combination of structural and non-structural
measures incorporated into the design of a Structure that reduces or eliminates the risk of
flood damage, usually to a defined elevation. The prescribed method of Flood Proofing is
through the permanent placing of Fill, or elevation of the Structure, or having the sills of all
windows and doors through the foundation walls above the specified level.
5.83.
Floodway means the inner portion of a flood risk area where the risk of flooding is greatest,
on average once in twenty (20) years, and where flood depths and velocities are greatest.
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5.84.
Floodway Fringe means the outer portion of a flood risk area where the risk of flooding is
moderate and floods on average once in one hundred (100) years.
5.85.
Floor Area means the floor space occupied by a Use.
5.86.
Floor Area, Gross means the Floor Area, in addition to the area used for Building
maintenance and service equipment, loading, or vehicle parking and storage, excluding any
unfinished basement or cellar.
5.87.
Gable means the triangular section of a wall at the end of a Pitched roof formed between
the eaves.
5.88.
Garage means an enclosed or partially enclosed attached or detached Accessory Building
for vehicle storage, involving no business or service provision for profit, subject to other
provision herein.
5.89.
Garage Suite means a Secondary Suite within or attached to a detached Garage on a site
with a Single Detached house, with separate cooking, sleeping, and bathroom facilities, and
with a separate entrance from the vehicle entrance to the Garage, by a common indoor
landing or directly from the Structure. A Garage Suite precludes the existence of any
additional Secondary Suites. Mini-homes (except in Stellarton, subject to the requirements
of Schedule H), mobile homes and similar Structures cannot be used as a Garage Suite.
5.90.
Garden Suite means a single-storey Secondary Suite that is accessory to, but detached from,
the principal Single Detached house, with separate cooking, sleeping and bathroom
facilities. A Garden Suite precludes the existence of any additional Secondary Suites. Mini-
homes (except in Stellarton, subject to the requirements of Schedule H), mobile homes and
similar Structures cannot be used as a Garden Suite.
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5.91.
Grade Level means the site elevation prior to any Development.
5.92.
Heavy Equipment Commercial Use means a Commercial Use with on-property storage of
heavy equipment and/or vehicles including tractors, excavators, delivery trucks, transport
trucks and/or trailers, dump trucks, buses, and cube vans, and excluding panel vans,
ambulances, hearses and pick-up trucks.
5.93.
Heritage Structure means a Structure situate on a property registered municipally with
the Heritage Advisory Committee or provincially in the Heritage Property Program per the
Heritage Property Act. R.S., c. 199.
5.94.
Highway means, per the Motor Vehicle Act, R.S., c. 293:
5.94.1.
a public Highway, Street, lane, road, alley, park, beach or place including the bridges
thereon, and
5.94.2.
private property that is designed to be and is accessible to the general public for the
operation of a motor vehicle.
5.95.
Home Occupation means an Accessory Use of a Dwelling for income from sale of goods
and/or services including: business or professional Offices, domestic and household arts,
Custom Workshops, food preparation services, Residential Day Cares, Pet Grooming
establishments, and Personal Service shops, and similar or like uses, but excluding auto
repair, welding, mechanical repair or the like, and resident hobbies.
5.96.
Hostel means a Building that may be owner-occupied with individual rooms or Dormitory-
style housing for the travelling public with common domiciliary facilities for the Use, and
does not include a Group Care Facility Dwelling, Hotel, Motel, Bed and Breakfast or Country
Inn.
5.97.
Hotel means a Building for housing the traveling public for compensation, with provision
of sleeping lodging and accessory services including Restaurants, cooking facilities and
Licensed Liquor Establishments.
5.98.
Industrial Services means businesses that service the industrial sector.
5.99.
Industry, Heavy means any land or Building Use for large-volume material processing and
manufacture, primarily from extracted or raw materials, or a Use for manufacturing process
storage of hazardous or Obnoxious materials.
5.100.
Industry, Light means any Use of land or Building for the manufacturing, predominantly
from previously prepared materials, of finished products or parts, including processing,
fabrication, recycling, assembly, treatment, packaging, incidental storage, sales, and
distribution of such products, but excluding basic industrial processing.
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5.101.
Institutional Use means any Building or land Use for non-Commercial purposes by an
organized body, including health, educational, religious or other servicing by hospitals,
Residential Care Facilities, museums, libraries, Schools, universities, Churches, registered
societies per the Societies Act. R.S., c. 435, and police, fire and ambulance emergency
servicing.
5.102.
Intensive Livestock Operation means a livestock operation comprising five or more
Animal Units of Agricultural Animals, Animal Unit calculations per the below chart, with
non-listed Animals to be categorized according to approximate body weight equivalent as a
mature Animal:
Animal Units:
Type of Animal
Number Equal to One Animal Unit
Cattle, Horses
1
Sheep, Goats, Ponies
2
Chickens, Ducks, Pheasants
10
Swine
2
Turkeys, Geese, Mink, Foxes
10
Rabbits
10
5.103.
Kennel means an enclosed Structure for Animals kept for Commercial breeding or showing,
for Commercial boarding with or without care, or for general care, including, without
limitation, pet daycare, boarding, training, grooming and like servicing, but not including
Animal Hospitals.
5.104.
Landscaped Open Space 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 between properties in order to mitigate objectionable features between them but
shall not include any access driveway, ramp, Parking Lot, or Loading Spaces.
5.105.
Landscaping means any combination of trees, shrubs, flowers, grass or other horticulture,
decorative stonework, Paving, Screening or other architectural element designed for
aesthetic or Screening (see definition of Screen) purposes.
5.106.
Licensed Liquor Establishment means a Nova Scotia Liquor Licensing Board licensed
establishment per the Liquor Control Act. R.S., c. 260.
5.107.
Loading Space means a land area for temporary parking of a Commercial Motor Vehicle for
on and off-loading of merchandise and materials, with criteria as follows:
5.107.1.
no other Use shall be permitted;
5.107.2.
no Street, Highway or road shall be used;
5.107.3.
adequate space shall exist for vehicle maneuvering and ingress and egress by a
driveway to a public road, Street or Highway; and
5.107.4.
smaller vehicles to heavy trucks shall be accommodated.
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5.108.
Lot means a parcel of land with a deed description (Schedule A) or as shown on a Registered
Plan of Subdivision.
5.109.
Lot Area means the total horizontal area within the Lot lines of a Lot.
5.110.
Lot, Corner means a Lot situate at the intersection of and abutting two or more Streets,
provided the angle of intersection is no more than 135o, with one Street deemed the front
line and the other(s) the flanking Street(s) for Setback requirement determination.
5.111.
Lot, Coverage means the percentage of the Lot that is covered by Buildings excluding
projecting eaves, balconies and similar features.
5.112.
Lot, Flag means a Lot situate at the rear of another Lot(s) and accessed by a narrow frontage
from a public Street and are permitted as of right provided that the access and frontage have
a minimum of twenty (20) feet to point of the base of the "flag" portion.
5.113.
Lot, Frontage means the length of a line joining the side Lot lines and parallel to the front
Lot line. Calculation of Lot Frontage for irregularly shaped Lots shall be the horizontal
distance between the side Lot lines as measured at a point, where a line drawn
perpendicular to a line joining the midpoint of the rear Lot line and the midpoint of the front
Lot line at a point equal to the required Front Yard. In determining Yard measurements, the
minimum horizontal distance from the respective Lot lines shall be used. Calculation of Lot
Frontage for Corner Lots shall be the horizontal distance between the side Lot line and the
flanking Lot line.
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5.114.
Lot Lines mean the boundaries of a Lot as specified.
5.115.
Lot line, Flanking means the Side Lot Line which abuts the Street on a Corner Lot.
5.116.
Lot line, Interior means a Lot Line situated between two Lots and having access to one
Street.
5.117.
Lot line, Rear means the Lot Line furthest from or opposite to the Front Lot Line.
5.118.
Lot line, Side means a Lot Line other than a Front or Rear Lot Line, which is not a Flanking
Lot Line.
5.119.
Lounge means a Commercial establishment as licensed per the Liquor Control Act. R.S., c.
260.
5.120.
Main Building means any Building in which is carried on the principal Lot Use(s).
5.121.
Main Wall means the exterior front, side or rear wall of a Building and all supporting
structural units.
5.122.
Massage Parlour means any establishment in which massage, body rub, alcohol rub, bath
or the like is provided, offered, advertised, or solicited by Persons but does not include any
premises providing medical or therapeutic treatment under supervision or direction of a
physician, chiropractor, osteopath, physiotherapist, or registered massage therapist.
5.123.
Mini Home Park means land or premises under single ownership, used exclusively for
mobile homes and mini homes, but does not include seasonal Use Campgrounds.
5.124.
Motor Vehicle has the same meaning as in the Motor Vehicle Act, R.S., c. 293 of Nova Scotia
or successor legislation as may be enacted from time to time, regardless of registration
status.
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5.125.
Motel/Hotel means roofed accommodation as defined in the Tourist Accommodations Act,
1994-95, c. 9.
5.126.
Neighbourhood Commercial Use means any Building or land used for commerce, Retail,
and service provision for residential Commercial need.
5.127.
Non-conforming Structure means a Structure that does not meet the applicable
requirements of a land-use by-law, and as defined by the MGA.
5.128.
Non-conforming Use of Land means a Use of land that is not permitted in the Zone, and as
defined by the MGA.
5.129.
Non-conforming Use in a Structure means a Use in a Structure that is not permitted in the
Zone in which the Structure is located, and as defined by the MGA.
5.130.
Nursing Home means a Building providing accommodation to the aged, the disabled, or
others requiring nursing care and does not include a place maintained by an individual to
whom the residents are related by blood or marriage, or a Seniors Residential Complex.
5.131.
Obnoxious means a Use that creates a nuisance by emitting noise, vibration, gas, fumes,
dust, oil or objectionable odour, or by unsightly storage of goods, wares, merchandise,
salvage, refuse matter, waste or like material.
5.132.
Office means a business or professional establishment for business transacting, service
provision or consultation, and does not include product manufacture or on-site Retailing.
5.133.
Original Structure means a Structure or portion of a Structure that was in existence at the
time it was first occupied for its intended Use. Additions that are consistent with the Original
Structure in terms of architectural style, materials, and construction may be considered part
of the 'Original Structure' provided they are in existence on the effective date of this By-Law.
5.134.
Outdoor Furnace means an outdoor wood-burning appliance, a solid fuel burning
appliance or a biofuel burning appliance that meets National or Provincial standards and is
used for the space heating of any Building, the heating of water or other similar purposes.
5.135.
Outdoor Display means the display of merchandise, goods, inventory, materials or
equipment not within a Building.
5.136.
Outdoor Storage means the storage of merchandise, goods, inventory, materials or
equipment not within a Building.
5.137.
Parking Area/Lot means an open area of land other than a Street or an area within a
Structure for the parking of vehicles. Parking Areas shall consist of Parking Spaces for
individual vehicles, driveways or aisles for access to Parking Areas from a public Street and
for vehicle manoeuvring and Loading Spaces in specified circumstances (refer to section 22
of this By-Law).
5.138.
Parking Space means an area of dimensions per this By-Law for temporary parking or
storage of Motor Vehicles.
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5.139.
Parking Structure means an enclosed or partially enclosed, possibly multi-storey
Structure, or space in a Structure used for the storage of automobiles and may include a
parking Structure operated as a Commercial for-profit venture.
5.140.
Parts Assembly Use means a Use involving the putting together of parts to make a product.
The parts shall be pre-manufactured off-site and the assembly process shall not be deemed
Obnoxious.
5.141.
Passive Recreation means leisure activities using space such as trails, picnic areas, open
space, conservation areas, and does not include Uses requiring Buildings or land-intensive
activities.
5.142.
Paved means an area whereon the surface has been permanently hardened by application
of asphalt, concrete, or by similar means, but shall not include a surface composed solely of
gravel, sand, or soil, whether completed or not, and shall not include a surface temporarily
hardened by application of a stabilizing agent such as oil, ashes, cinders, or a combination
thereof.
5.143.
Person includes an individual, association, firm, partnership, corporation, incorporated
company, organization, trustee, or agent, and its heirs, executors, successors, assigns or
other legal representatives.
5.144.
Personal Care means the provision of room, board and supervision of, and assistance with,
the daily activities of an individual who is aged, disabled, or convalescing from illness or
injury.
5.145.
Personal Service includes servicing by a barber, hairdresser, beautician, aesthetician,
tailor, seamstress, shoemaker, in a tanning salon or depot for Dry Cleaning and laundry
collection, and any similar use, but excludes servicing in a Massage Parlour or other Adult
Entertainment establishment, and goods manufacture or fabrication for sale.
5.146.
Pet Grooming means a business of grooming canine and feline pets.
5.147.
Pitch means the slope of a roof.
5.148.
Porch means an exterior Building addition forming a covered entrance.
5.149.
Private Club means a meeting place for members of an organization such as fraternity,
labour union hall, lodge, service club or sorority.
5.150.
Professional Architect means a registered member, in good standing, of the Nova Scotia
Association of Architects.
5.151.
Professional Engineer means a registered member, in good standing, of the Association of
Professional Engineers of Nova Scotia.
5.152.
Professional Surveyor means a registered member, in good standing, of the Association of
Nova Scotia Land Surveyors.
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5.153.
Professional Use means a building or part thereof in which the principal or main Use is the
provision of professional services to the public, and may include, but not be limited to,
medical, legal, accounting, engineering, or other similar professionals, but may not include
an Obnoxious Use.
5.154.
Public Building means a Building of the Government of Canada, the Province of Nova
Scotia, a Town, a municipality or by a municipal enterprise.
5.155.
Recreation, Active means space designated for leisure Use, usually of a formal nature and
often used with equipment at prescribed places, sites or fields.
5.156.
Recreation Facility means a place publicly or privately owned, designed and equipped for
the conduct of sports, leisure time activities and other customary and usual recreational
activities including but not limited to fitness centres, spas, gymnasiums, arenas, and
Swimming Pools.
5.157.
Recreational Use means land Use for parks, playgrounds, tennis courts, lawn bowling
greens, athletic fields, golf courses, picnic areas, Swimming Pools, day camps, and like Uses
but does not include a track for the racing of Animals or Motor Vehicles.
5.158.
Recycling Centre means a Resource Recovery Fund Board (RRFB) licensed "Enviro-Depot"
premises on which recoverable and regulated materials such as newspaper, glassware,
plastics, and metal cans and like materials are redeemed.
5.159.
Recycling Depot means premises on which recoverable materials such as newspaper,
glassware, plastics, and metal cans are separated stored, Warehoused or distributed prior
to shipment but does not include material processing or a salvage Yard.
5.160.
Reflecting Pool means a man-made body of water or other such Structure used as part of
the Landscaping of a property, and is not intended for swimming, bathing, or other similar
human recreational aquatic activity.
5.161.
Registered Deed means a deed registered at the Nova Scotia Land Registry.
5.162.
Registered Plan means a subdivision or survey plan on a parcel register at the Nova Scotia
Land Registry.
5.163.
Rental Shop means a Building or area of land where small scale residential, Commercial
and industrial equipment is kept for rental to individuals for residential property needs and
includes lawn & garden tools, floor & carpet cleaning equipment, painting & decorating
equipment, moving tools, plumbing tools and masonry tools.
5.164.
Repair (or Service) Shop means a Building or portion thereof used for the mechanical
repair of goods excluding Motor Vehicles.
5.165.
Residential Care Facility means any Building providing temporary or permanent housing
and Personal Care to four (4) or more Persons and includes Residential Day Care congregate
housing and sheltered housing.
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5.166.
Restaurant means a Building in which food and drink is served to the public.
5.167.
Restaurant, Drive-in means a Building where food and drink is served to the public for
consumption in Parking Areas appurtenant to the Building, and whether or not facilities are
provided for consumption within the Building. This is commonly known as a fast-food
Restaurant and may include a drive-through car pick-up.
5.168.
Restaurant Take-out means a Building where food and drink is served to the public for
consumption exclusively off-site and not for consumption in Parking Areas adjacent to the
Building.
5.169.
Retail means the sale of goods and merchandise, to the public for Personal or household
Use.
5.170.
Right-of-way means an area of land for private or public access of passage and may also be
established by easement or license agreement as the context requires.
5.171.
Roof Line means roof profile, form and height.
5.172.
Rotor Arc means the circumferential path traveled by the Wind Turbine blade.
5.173.
School, Commercial means a school operated by an individual or company for gain or
profit, providing instruction in a primary or secondary educational Use within the curricula
of the Province of Nova Scotia. It may also offer instruction in a specific trade, skill or service
such as secretarial skills, vocational skills, aviation, banking, Commercial arts, automobile
driving, language, modelling, business, hairdressing, beauty, culture, dancing and music
schools.
5.174.
School, Public means an educational Use or Building operated by a public authority, such
as a school board, or provincial or federal authority.
5.175.
School, Private means an educational Use or Building operated by a private individual or
company, for Commercial gain.
5.176.
Screen means a physical obstruction between incompatible land uses and may include one
or a combination of retained vegetation, Fences, walls, beams, and/or newly Landscaped
areas.
5.177.
Secondary Suite means a self-contained Dwelling Unit with a prescribed Floor Area located
in a Building or portion of a Building of only residential occupancy that contains only one
other Dwelling Unit and common spaces, and where both Dwelling Units are on an
individual Lot or parcel, such as within an individual detached Dwelling, Semi-detached
Dwelling, freehold row Dwelling, or Townhouse. A Secondary Suite may not exceed 80% of
the Floor Area of the principal suite, or 80 square metres, whichever is greater, or as defined
under NBCC.
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5.178.
Seniors Residential Complex means a multiple unit Building not subject to use conversion,
comprising independent housekeeping units for senior citizen occupancy, with common
facilities for dining, recreation, leisure and which may include housekeeping, security,
Personal Care, physiotherapy, and activity programs.
5.179.
Separation Distance means the horizontal distance, which may include a required Front,
Side and/or Rear Yard on a Lot physically separating incompatible land Uses.
5.180.
Service Station Canopy means a permanent roofed Structure open on all sides, except the
side attached to a service station to provide shelter for fuel pump customers.
5.181.
Setback means the distance between the property line and nearest Building wall and
extending the full Lot width or length.
5.182.
Shopping Centre means a collection of independent Retail stores, services, and Offices
housed in a Building(s) usually constructed and maintained by a single management unit
and with common services, parking, internal vehicle circulation, and access roads, and may
contain separate and stand-alone buildings.
5.183.
Sign means a Structure, device, light or natural object including the ground itself, or
attachment thereto, used to advertise any object, product, place, activity, or Person, or
which displays any letter, work, model, number, banner, flag, pennant, insignia, device or
representation to so advertise, and which is visible off-premises or from a parking Lot, and
does not include representations located inside of or on windows and glass doors of
Commercial Uses.
5.184.
Sign Area means:
5.184.1.
the area of the display surface not including the support Structure; or
5.184.2.
where a Sign has two or more sides, or is conical, spherical, or tubular, Sign Area shall
mean one half of all display surface area; or
5.184.3.
where a Sign comprises freestanding characters or shapes, Sign Area shall mean the
area of the smallest quadrangle enclosing the composing characters or shapes;
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5.184.4.
Service Station Canopies are exempt from provisions of this definition.
5.185.
Sign, Directory means a Sign Erected or authorized to be Erected by Council that may be
Erected on public property listing the names and/or locations of local businesses.
5.186.
Sign, Display Surface means that portion of a Sign, including any trim and moulding, which
forms the surface upon which elements are organized, related, and composed to form a unit
that conveys a message.
5.187.
Sign, Facial Wall means a Sign attached to and supported by a Building wall.
5.188.
Sign, Flashing means a Sign, which by means of electrical devices gives the effect of an
intermittent movement or changes to give two or more visual effects, or alternates with a
lit and unlit effect.
5.189.
Sign, Ground means a permanently affixed Sign supported by one or more uprights, poles
or braces placed in or upon the ground.
5.190.
Sign, Illuminated means a Sign providing artificial light directly, or through any
transparent or translucent material, from a connected source, or by a light directed at the
Sign, and may include a Light Emitting Diode (LED).
5.191.
Sign, Menu Board means a permanently mounted Sign displaying drive-through
Restaurant bills of fare and may comprise separate components.
5.192.
Sign, Portable means a Sign not permanently affixed to the ground, including sandwich
board Signs.
5.193.
Sign, Projecting Wall means a Sign supported by and projecting a minimum of 30.5cm from
a Building wall.
5.194.
Sign, Roof means any Sign Erected upon, against, or directly above a roof, or on top of, or
above the parapet of a Building.
5.195.
Sign, Special Event means a Sign supported on a moveable Structure or a banner displayed
temporarily and concurrent with a special event, festival, holiday, business opening or
closing.
5.196.
Sign, Third Party means any Sign advertising a business at an off-site location within the
Zone.
5.197.
Sign, Temporary means a Sign that may be Erected for a specified period of time and may
include portable Signs, banners, constructions Signs, and the like.
5.198.
Special Care Facility means a Building in which housing and Personal Care are provided
and in which incidental counselling and support services may be provided to four or more
Persons, including group homes, sheltered housing, foster homes, half-way houses, and
which does not include nursing care or establishments maintained by a Person to whom the
residents are related by blood or marriage.
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5.199.
Street means any road, Highway, boulevard, square or other improved thoroughfare that is
owned and maintained, by the Province of Nova Scotia or the Town.
5.200.
Street, Arterial means a roadway used primarily for through traffic to carry large volumes
of all types of vehicular traffic moving at medium to high speeds. Arterials typically connect
with collectors and other arterials, carrying through traffic between major land Uses. The
amount of direct access to adjacent Development is limited on arterial roads. Generally,
there are controlled pedestrian crossings on arterials and a clear separation between
pedestrian and vehicular traffic.
5.201.
Street, Collector means a roadway providing land access and traffic movement in equal
measure, carrying moderate speed traffic between local and arterial roadways.
5.202.
Street, Local means a roadway whose primary function is to provide direct access to
individual properties. Locals are typically designed to carry low traffic volumes, moving at
slow speeds for short distances. They normally connect to other locals and collectors and
serve residential land Uses. Generally Local Streets do not have sidewalks, vehicular and
pedestrian traffic share the same Right-of-way.
5.203.
Street Line means the boundary line of a roadway, including sidewalks.
5.204.
Structure means an Erection built or constructed of joined parts or affixed to or supported
by soil or by any other Structure including, without limitation, Buildings, Signs, Swimming
Pools and Fences.
5.205.
Studio means the working space of a Person producing Artwork or other creative
enterprise.
5.206.
Subject Property means the Lot and all Structures with contents that are the subject of
review.
5.207.
Swimming Pool means a permanent or portable water-filled Structure, above ground or in-
ground, with a minimum water depth of 0.6 metres (2') below surrounding land level, used
for swimming and bathing, and does not include Reflecting Pools or other Landscaping
features, and is not an Accessory Structure.
5.208.
Telecommunication means any facility, apparatus or related Tower, antennae, Building or
equipment with capacity for or connected with Telecommunications, including a
transmission facility, and excluding amateur or shortwave radio and residential or small
Commercial television or radio reception equipment such as satellite dishes.
5.209.
Temporary Building/Structure means a Structure without any foundation or footings and
which is removed when the designated time period, activity, or Use for which the
Temporary Building/Structure was Erected has passed.
5.210.
Temporary Use means a Use established for a fixed time period to be discontinued upon
the expiration.
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5.211.
Tourist/Guest Home means an establishment providing Accommodation for the Use of the
travelling or vacationing public, with a maximum of four rental units (bedrooms) and a
common living room in a private home that may provide breakfast for compensation.
5.212.
Tourist Establishment means a Building used to accommodate the travelling public by
provision of sleeping Accommodation for compensation.
5.213.
Tower means any Structure that supports antennae, including self-supporting lattice
Towers, guy Towers, or monopole Towers, and includes radio and television transmission
Towers, microwave Towers, common-carrier Towers, cellular telephone Towers or
personal communications services Towers.
5.214.
Town means the municipalities of the Towns of Pictou, Stellarton, and Trenton, or their
municipal enterprises, as applicable.
5.215.
Town Engineer means the Person appointed by the applicable Town, with powers
pursuant to the MGA.
5.216.
Traffic Authority means the Local Traffic Authority for the applicable Town, appointed per
the Motor Vehicle Act, R.S., c. 293.
5.217.
Turbine, Large Scale Wind (LWT) means a Wind Turbine providing power to the local
Utility grid, with a minimum power generation capacity of 100 kilowatts, and a maximum
height of 150 metres.
5.218.
Turbine, Mini Wind (MWT) means a Wind Turbine providing supplemental power to a
home or business, with a maximum power generation capacity of 10 kilowatts, and a
maximum height of 22.9 metres.
5.219.
Turbine, Small Scale Wind (SWT) means a Wind Turbine providing on-site power to a
home or business, with a power generation capacity between 11 and 99 kilowatts, inclusive,
and a maximum height of 52 metres, which may also be used for net metring.
5.220.
Use means that for which land or Structures are purposed.
5.221.
Utility means any public or private system, works, plant, equipment providing servicing for
public Use at approved rates, and which is not Obnoxious.
5.222.
Variance means a relaxation of LUB terms, as particularized in the MGA.
5.223.
Verandah means a roofed or open Structure that may be glazed or Screened and that is
attached to a Building.
5.224.
Video Outlet means a Building or portion thereof used for video and related accessory sale,
lease or rental.
5.225.
Warehouse means a Building used primarily for the storage and distribution of goods and
materials and may include wholesale or Retail activity, provided such activity is subordinate
to the main Use.
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5.226.
Watercourse means as defined in the Environment Act, SNS 1994-95, c. 1 and includes the
bed and shore of every river, stream, lake, creek, pond, spring, lagoon or other natural water
body and any water therein, whether it contains water or not, and all ground water.
5.227.
Wetland means as defined in the Environment Act, SNS 1994-95, c. 1 and includes a marsh,
swamp, fen or bog that either periodically or permanently has a water table at, near or above
the surface or that is saturated with water and sustains aquatic processes.
5.228.
Wholesale Establishment means a Building in which quantity commodities are sold to
industrial, Institutional, and Commercial users or to retailers or other merchants for resale
or business Use.
5.229.
Wind Test Tower means a temporary Tower and mechanical device used to measure wind
dynamics for potential Wind Turbine locations.
5.230.
Wind Turbine means a mechanical Structure that converts kinetic wind energy into
electrical power.
5.231.
Wind Turbine Development means a collection of two or more Wind Turbines with
placement over a specified area with connection to the local Utility grid.
5.232.
Wind Turbine Height means the measurement of a Wind Turbine from grade to the highest
point of the Rotor's Arc.
5.233.
Yard means an open uncovered space on a Lot appurtenant to a Building and unoccupied
by Structures, with measurements to be obtained by minimum horizontal distance from the
respective Lot lines to the Building and does not include a Court.
5.234.
Yard, Abutting means a Yard contiguous with or extending across Zone boundaries.
5.235.
Yard, Flankage means the Side Yard of a Corner Lot that extends from the Front Yard to the
Rear Yard between the flankage Lot line and the nearest Building or Structure Main Wall.
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5.236.
Yard, Front means a Yard extending the full width of a Lot between the front Lot line and
the nearest Building or Structure wall on the Lot.
5.237.
Yard, Minimum means the smallest permitted Yard.
5.238.
Yard, Rear means a Yard extending the full width of a Lot between the rear Lot line and the
nearest Main Building or Structure wall on the Lot.
5.239.
Yard, Side means a Yard extending from the Front Yard to the Rear Yard of a Lot between
a side Lot line and the nearest Building or Structure wall on the Lot.
5.240.
Youth Centre means a Building or part of a Building, which provides youth-oriented
activities owned and/or operated by a community non-profit organization or as a private
business in association with a Community Centre.
5.241.
Zone means land as designated on the Zoning Map attached hereto and forming part of this
By-Law, and land created by harbour or coastal infill beyond Zoning Map boundaries shall
have the same zoning as immediately adjacent lands.
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Part 3: Administration
6.
Development Officer
Development Officers shall be appointed pursuant to the MGA to issue Development Permits
and carry out such duties as are prescribed by legislation or by this By-Law and shall perform
such other duties as Council may direct.
7.
Development Permit
7.1.
No Development shall be undertaken without an issued Development Permit, unless
otherwise set out in this LUB, or applicable legislation.
7.2.
Every Development Permit is valid for twenty-four months from the date issue.
7.3.
Development Permits shall be:
7.3.1.
MGA and LUB compliant; and
7.3.2.
granted pursuant to section 235 of the MGA, respecting Variances and the time for
appeal has lapsed and there is disposition of any appeal, pursuant to section 237 of the
MGA.
8.
Deviations
8.1.
No developer shall deviate or permit deviations to be made from the Development Permit
except for minor revisions or Alterations that do not contradict the Development Permit,
unless such revisions or Alterations are acceptable by the Development Officer, who shall
make determinations in this regard.
8.2.
A Development Permit may be renewed for an additional twenty-four month period
provided:
8.2.1.
no prior renewals have been issued; and
8.2.2.
continued MGA and LUB compliance.
9.
Right of Entry
Duly authorized municipal employees shall have the right of entry for inspection purposes,
pursuant to the MGA.
10.
Lapse of Permits
A Development shall commence from the date of Permit issued under this or any previous
LUB, but approval shall automatically lapse, and become null and void, if the Development
to which it relates has not commenced and one year has elapsed since its issuance.
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11.
Revocation of Permits
A Development Permit, where the permit was issued on mistaken or false information may
be revoked when issued. Revocation shall be in writing and served in accordance with notice
provisions of the MGA.
12.
Refusal of Permits
Development Permit refusal shall be in writing and served in accordance with notice
provisions of the MGA.
13.
Violations
Violations shall be addressed per sections 266 and 267 of the MGA, or any other applicable
legislation. Any non-compliance with the requirements of this bylaw can result in the
payment of fines and/or other remedies as outlined under Section 266 and 267 of Part VIII
of the Municipal Government Act.
14.
Application for Development Permits
14.1.
Contents of Application
Development Permit applications shall be authorized in writing by the Lot owner or agent,
with attached plan to applicable scale, or information otherwise acceptable to the
Development Officer, as showing:
14.1.1.
the accurate shape and dimension of the Lot or property to be used for Development;
14.1.2.
proposed Use, location, height, and dimensions of the subject Structure, including
measurements of the Lot Frontage, Front, Side and Rear Yards;
14.1.3.
location of existing Structure already constructed, or partly constructed on such Lot
and the location of every Building or Structure existing upon abutting Lots or
properties;
14.1.4.
the proposed location and dimensions of Parking Areas, Parking Spaces, Loading
Spaces, driveways, curbs, Landscaping; and
14.1.5.
other information as may be required to determine compliance.
14.2.
Survey of Lands
Where the Development Officer is unable to determine whether the proposed Development
conforms to legislation, the Development Officer may require a survey by a Professional
Surveyor with the application.
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15.
Planning Advisory Committee
A Council may appoint a Planning Advisory Committee pursuant to section 200 of the MGA
to advise on the preparation or amendment of planning documents or planning matters in
general.
16.
General By-Law Provisions
16.1.
Notices of applications for SPA or Variances
Notices respecting SPA or Variance applications shall be provided to property owners within
30 metres (100 feet), (and a minimum of two (2) properties removed from the subject
property boundary in the Town of Pictou), whichever is less, of the Subject Property. Such
notice shall:
16.1.1.
describe the proposed Variance or Development;
16.1.2.
provide the date, time and place for the public hearing, if applicable; and
16.1.3.
be served in accordance with MGA notice provisions.
16.2.
Cost of Advertising for SPA or Variance applications
All fees, including without limitation, applications, amendments and notice fees, shall be in
accordance with policy per MGA 49(1) (c).
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Part 4: Interpretation of Maps and Text
17.
Zone Classification
For the purpose of this By-Law, the Towns are divided into Zone classifications, the
boundaries of which are indicated on the Zoning Map by symbols as follows:
Table 1 - Zone Classifications
ZONE CLASSIFICATION
SYMBOL
Rural Residential
RR
Residential Single Unit
R1
Residential Two Unit
R2
Residential Multiple Unit
R3
Residential Mini Home Park
R5
Residential Tiny Home
R6
Downtown Core
C1
Neighbourhood Commercial
C2
Highway Commercial
C3
Commercial Business Park
C4
Light Industrial
M1
Provincial Resource
M2
General Industry
M3
Institutional
I
Recreation
P
Floodplain
F
Waterfront
W
Water Supply
WS
Airport
AP
18.
Zoning Map
Schedule A forms part of this By-Law.
19.
Interpretation of Zoning Boundaries
19.1.
Boundaries between Zones, as shown on Schedule A, shall be determined as follows:
19.1.1.
for a Street, railway Right-of-way, electrical transmission line Right-of-way or
Watercourse, the boundary shall be the centre line of the Street, Right-of-way or the
top of the bank of the Watercourse;
19.1.2.
for Lot lines, the boundary shall follow the Lot lines;
19.1.3.
where a Street, Highway, railroad or rail right-of- way, electrical transmission line
Right-of-way, Watercourse or other linear feature is included on Schedule A and serves
as a boundary between two or more Zones, a line midway on such Right-of-way,
Watercourse or other linear feature, and extending in the general direction of the long
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division thereof, shall be considered the boundary between Zones unless specifically
indicated otherwise; and
19.1.4.
where the Zone boundary is indicated as following the shoreline of a river or bay, the
boundary shall follow the actual shoreline, including wharves and piers.
20.
Zones not on Zoning Map
Schedule A may be amended provided that the amendment conforms to the Generalized
Future Land Use Map (GFLUM) and the MPS.
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Part 5: All Zones
21.
General
21.1.
Permitted, As of Right and Prohibited Uses
In this By-Law any Use not listed as a permitted Use in a Zone is prohibited in that Zone
excepting where the Use is nonconforming per section 238 of the MGA, or as per section 21.5
of this By-Law. Notwithstanding anything else in this bylaw, any use listed as a permitted,
as-of-right use, shall be interpreted as being permitted without a discretionary approval
process, and not be subject to any discretionary approval process, such as a site plan
approval or development agreement.
21.2.
Licenses, Permits and Compliance with this and other By-Laws
This By-Law is intended to add to, and not to conflict with or subtract from, the requirements
contained in valid provincial or federal legislation and regulations in force from time to time
and shall be interpreted accordingly.
21.3.
Multiple Land or Building Uses
In any Zone permitting multiple Uses, provisions regulating all Uses shall apply, and
adherence to the most stringent standard shall apply.
21.4.
Existing Non-conforming Uses, Structures or Land
Any Non-conforming Building, Structure or land Use, including where construction has
commenced on such Use as of the effective date of this By-Law, shall be subject to the MGA
provision respecting Non-conforming Uses.
21.5.
Changes to Non-conforming Uses, Structures or Land
21.5.1.
Notwithstanding section 21.4, DA (Policy G-18) and SPA (Policy IM-23) applications
(where enabled, see section 31) may be considered, subject to the MGA provision
respecting Non-conforming Uses, for the following:
a. Non-conforming Structure or Structure Use Alteration;
b. Non-conforming Structure or Structure Use rebuilding after destruction;
c. Non-conforming
Structure
or
Structure
Use
recommencement
after
discontinuation;
d. Non-conforming Structure change in Use;
e. Non-conforming Structure change in Use to a Non-conforming Use; and
f.
Non-conforming Use expansions.
21.5.2.
Notwithstanding anything else in the By-Law, the Use of a Building may be changed to
a Use permitted on the Lot by this By-Law where the Lot Frontage, any Yard, or Lot
Area required or all of these is less than the requirements of the By-Law, provided that
the Building was existing on or before the effective date of this By-Law and that all other
requirements of the By-Law are satisfied.
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21.5.3.
Where a Building has been Erected on or before the effective date of the By-Law, on a
Lot which has less than the Minimum Yard or Yards 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 any
Yard that does not comply to this By-Law and for enlargement or reconstruction
the Minimum Yard requirement shall be 1.2 metres (4 feet), except where
otherwise permitted; and
b. all other applicable provisions of the By-Law are satisfied.
21.5.4.
Notwithstanding anything else in this By-Law, an existing undersized Lot described in
a deed on or before 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, enlarged, reconstructed,
repaired, or renovated provided that all other applicable provisions in this By-Law are
satisfied.
21.5.5.
For the purpose of this section, an undersized Lot which has had its frontage or area
increased yet still remains undersized shall be considered an existing undersized Lot.
21.6.
Temporary Uses Permitted
21.6.1.
Nothing in this By-Law shall prevent the Use of land or the Use or Erection of
Temporary Buildings or Structures incidental to construction, including but not limited
to: a construction camp, tool shed, scaffold, or a sales or rental Office incidental to
construction. No Development Permit for such Temporary Uses, Buildings or
Structures shall be required, provided that a Development Permit for the Main
Buildings has been issued. Such Temporary Use shall be terminated no more than sixty
(60) days after the completion of the construction of the main Structure.
21.6.2.
Nothing in this By-Law shall prevent the Use of land or the Erection of Temporary
Buildings, Structures or Signs for special occasions and holidays and no Development
Permit shall be required for such Temporary Uses, provided that such Use of Buildings,
Structure or Sign remains in place no more than fourteen consecutive days, or as
otherwise permitted by Council.
21.6.3.
Temporary Signs shall be permitted in accordance with section 23.14 herein.
21.7.
Outdoor Swimming Pools and Reflecting Pools
21.7.1.
Swimming Pools shall comply with the requirements of the Swimming Pool By-Law for
the applicable Town.
21.7.2.
In addition, no Development Permit shall be issued for an outdoor Swimming Pool
unless the pool conforms to the following requirements:
a. a Swimming Pool, or the Yard in which it is located, shall be enclosed by a Fence or
combination of Buildings and Fences, and for in-ground Swimming Pools, the Fence
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shall be situate no closer than 1.2 metres (4 feet) from the inside edge of the
Swimming Pool;
b. the enclosure shall:
i.
completely enclose the Swimming Pool or Yard in which it is situate;
ii.
create a barrier a minimum of 1.5 metres (5 feet) from the ground to the top
of the Fence, gate, or enclosing Structure; and
iii.
have no opening greater than 10 cm (4 inches) in any part of the Fence, gate,
or enclosing Structure;
c. Swimming Pools shall comply with the Setback requirements per section 21.25 and
section 21.26 of this By-Law as well as Table 2: Permitted Encroachments in Yards;
d. a Swimming Pool shall not be permitted in a required Front Yard in residential
Zones;
e. in Commercial, Institutional (I) or Recreation (P) Zones, the minimum Setback from
any Lot line shall be 6.1 metres (20 feet), measured from the property line to the
inside edge of the Swimming Pool; and
f.
unobstructed public access to a Swimming Pool is not permitted, and access shall
be limited via:
i.
a self-closing and self-latching gate a minimum of 1.5 metres (5 feet) in
height;
ii.
a main enclosing or partially enclosing Building; or
iii.
an Accessory enclosing or partially enclosing Building provided
unobstructed access through the Structure is not permitted.
21.7.3.
Reflecting pools shall not require a Development Permit.
21.8.
Fence Regulations
No Development Permit shall be required for a Fence up to 1.8 metres (6 feet) in height on a
residential property, or in a residential Zone, provided the following requirements are met:
21.8.1.
Fences shall have a maximum height of 3.6 metres (12 feet), except in a Residential
Zone where the maximum height shall be 1.8 metres (6 feet). Fences under 2.4 metres
(8 feet) on a non-residential property in a non-residential Zone do not require a
Development Permit. Proposed fences greater than 1.8 metres (6 feet) in height must
be approved by Council;
21.8.2.
no Fence shall exceed 0.6 metres (2 feet) in height within a Corner Vision Triangle;
21.8.3.
Fences within 1.8 metres (6 feet) of a Lot line abutting a Street shall have a maximum
height of 1.2 metres (4 feet);
21.8.4.
electrified Fences are permitted only with an agricultural Use;
21.8.5.
Fences with supporting Structures shall be constructed with the supporting parts
facing away from any abutting public Right-of-way; and
21.8.6.
barbed wire Fences are permitted only with a permitted non-residential Use.
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21.9.
Truck, Bus and Coach Bodies
No truck, bus, coach, Streetcar body, Recreational trailer or vehicle, or Structure of any kind
whether or not wheel-mounted, excepting a Mobile Home or Dwelling Unit compliant with
municipal legislation, shall be used for human habitation. The conversion of shipping
containers may be permitted, provided that the dwelling is NBCC compliant, and has
aesthetic requirements acceptable to the Development Officer.
21.10.
Public Uses and Utilities
This By-Law shall not regulate Use, or construction or reconstruction of any Building or
Structure for public service, including for housing, education and other similar services,
provided by the Towns, a Utility or Provincial or Federal Governments.
21.11.
Main Building with Walls of 6.1 Metres (20 feet) or Less
No Development Permit shall be issued for any Main Building with a Main Wall of 6.1 metres
(20 feet) or less excepting the Residential Mini Home Park (R5) Zone, Residential Tiny Home
(R6), or kiosks or other like Structures in any Zone, or for Tiny Home Dwellings, where
permitted.
21.12.
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.
21.13.
Outdoor Furnaces
Outdoor Furnaces shall comply with the requirements of the related by-law for the
applicable Town.
21.14.
Yard and Garage Sales
21.14.1.
Yard and Garage sales are permitted in any Zone without a Development Permit,
provided the following requirements are met:
a. the Yard or Garage sale is conducted by:
i.
an owner/resident of the property; or
ii.
a non-profit group, community association, or like group with owner's
permission;
b. a Yard or Garage sale may occur for a maximum of twenty (20) days per year per
property; and
c. a Yard or Garage sale may run for a maximum of three consecutive days.
21.14.2.
Signage advertising a Yard or Garage sale may be posted no more than 48 hours prior
to the sale and must be removed within 48 hours of the sale.
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21.15.
Street Frontage
21.15.1.
Development Permits may be issued only if the Subject Property abuts and fronts a
public Street except where permitted otherwise.
21.15.2.
Notwithstanding, an existing habitable single Dwelling Unit on a Lot without frontage,
but with public Street access may be added to provided:
a. compliance with remaining LUB provisions;
b. volume additions are limited to existing Structure height;
c. the subject Structure is an existing Non-conforming Structure on an existing Non-
conforming Lot with legal access but no frontage;
d. the Building footprint is not increased by more than 30%;
e. the Floor Area of the existing Dwelling is not increased by more than 30%; and
f.
no additional Dwelling Units are created.
21.16.
One Main Building on a Lot
No Person shall Erect more than one Main Building on a Lot excepting:
21.16.1.
Buildings located in a Commercial, Industrial, Recreation, or Institutional Zone;
21.16.2.
Mini Homes located in a Mini Home Park Zone;
21.16.3.
multi-unit residential Uses in the Residential Multiple Unit (R3) Zone or other zone
permitting same; and
21.16.4.
Garden Suites and/or Garage Suites where permitted in the applicable Zone.
21.17.
Building to Be Erected on a Lot
All Buildings Erected must not cross a Lot line excepting Townhouses and Semi-detached
Dwellings.
21.18.
Existing Building or Use
21.18.1.
A Building existing prior to the effective date of this By-Law on a Lot that is not LUB
compliant in relation to Lot Area, frontage or Setbacks (Front Yard, Side Yard, Rear
Yard) may be enlarged, reconstructed, repaired or renovated provided:
a. no further Setback reductions; and
b. compliance with remaining LUB provisions.
21.18.2.
An existing Building Use that is not LUB compliant in relation to Lot Area, frontage,
Setbacks, or parking may be changed to a permitted Use in its Zone location provided
compliance with remaining LUB provisions.
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
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21.19.
Existing Undersized Lots and Flag Lots
21.19.1.
Notwithstanding other provision herein, a vacant Lot with a different owner from
adjoining existing parcels that do not meet minimum frontage and/or area
requirements may be:
a. used for a Zone permitted Use in which the Lot is located, and a Development
Permit may be issued and a Building may be Erected on the Lot provided
compliance with remaining LUB provisions; or
b. increased in area and/or frontage per the SDB.
21.19.2.
In addition to section 21.19.1, where such Lots are increased in size but remain
undersized, they remain existing undersized Lots.
21.20.
Reduced Lot Requirements
21.20.1.
Creation of an undersized Lot through a Registered Plan and consistent with MPS shall
be deemed an existing undersized Lot.
21.20.2.
Notwithstanding any other provision herein, a Development Permit shall be issued for
Development on a Lot created per IMPS and LUB proposing a Lot with less than the
required minimum frontage and/or area provided:
a. neither reduction is less than 90% of LUB requirement; and
b. compliance with remaining LUB provisions.
21.21.
Restoration to a Safe Condition
Building or Structure restoration to a safe condition shall be permitted, and for Non-
conforming Uses, section 241(1) MGA applies.
21.22.
Permitted Encroachments into Yards
Excepting Accessory Buildings, required Yards shall be open and unobstructed by any
Structure, tabled as follows:
Table 2 - Permitted Encroachments into Yards
STRUCTURE
YARD PERMITTED
MAXIMUM PROJECTION
Belt courses, cornices, eaves, gutters,
chimneys, sills, or pilasters
any Yard
0.6 m (2 ft)
Window bays
any Yard
0.9 m (3 ft), with a maximum
width of 3 m (10 ft)
Steps, stairways
any Yard
1.8 m (6 ft)
Porches (not exceeding 1 storey),
uncovered Decks, Verandahs,
balconies, terraces
any Yard
2.4 m (8 ft) Including eaves
and cornices to 1.2 m (4 ft)
from the Lot line
Carports, attached Garages
any yard
0.9 m (3 ft)
Structures necessary for barrier free
access
any Yard
to Lot Line
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Fire exit, exterior staircase
Rear, Side
1.5 m (5 ft) over a maximum
width of 3 m (10 ft)
Swimming Pools
Rear, Side (but not
flankage)
Within 1 m (3 ft) of a property
line
21.23.
Height Regulations
21.23.1.
Church spires, water tanks, elevator enclosures, silos, emergency signal Structures, flag
poles, telephone or television or radio antennae, Telecommunications Towers, Wind
Turbines (per section 26 of this By-Law), ventilators, skylights, barns, chimneys, clock
Towers, light standards, satellite dishes, cupolas, or any mechanical or ornamental roof
construction, including roof structures required for the support of solar panels, or
statues or works of art are excepted from height regulations herein.
21.23.2.
Building Height shall be determined by calculating the vertical distance of a Building
between the Established Garage and:
a. the highest point of the roof or the parapet of a flat roof;
b. the Deck line of a mansard roof; or
c. the mean level between eaves and ridges of a Gabled, hip, gambrel or other type of
Pitched roof.
21.24.
Illumination
21.24.1.
All outdoor lighting, including Illuminated Signs shall direct an area outside a Building
with illumination away from adjoining properties and Streets and shall not shine above
the horizontal. All outdoor lighting fixtures in or abutting a Residential Zone or
Designation shall be dark sky complementary fixtures that do not permit light to shine
above the horizontal.
21.24.2.
Signage within or abutting a Residential Zone shall:
a. only be illuminated during regular business hours; and
b. not be indirectly illuminated by spotlights directed towards a property within the
Residential Zone or Designation.
21.25.
Corner Vision Triangle
21.25.1.
Notwithstanding other provision herein, a Fence, Sign, hedge, shrub, bush, or tree or
any Structure or vegetation, shall not be Erected or permitted to grow to a height
exceeding 0.6 metres above grade, as applicable.
21.25.2.
Section 21.26 notwithstanding, in the Downtown Core (C1) Zone Development
exceeding 0.6 metres (2 feet) in height shall be permitted within the Corner Vision
Triangle.
21.25.3.
Section 21.26 notwithstanding, where turning lanes have been installed and cut
through the intended Corner Vision Triangle, Development exceeding the height
limitation of 0.6 metres (2 feet) shall be permitted.
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21.26.
Flankage Yards
Notwithstanding other provision herein, no part of any Building, Accessory Building, or
Swimming Pool situate on a Corner Lot shall be closer than 4.6 metres (15 feet) to the Right-
of-way of the flanking Street. Buildings situate in the Downtown Core (C1) Zone shall be
exempt from Front or Flankage Yard requirements.
21.27.
Yard and Density Exceptions
21.27.1.
Where a Front, Side, or Rear Yard are required, and part of the area is usually covered
by water, or is beyond the rim of a riverbank or Watercourse, or between the top and
toe of a cliff or embankment having a slope of 25% or more from the horizontal, then
the required Yard shall be measured from the nearest Main Wall of the Main Building
or Structure on the Lot to the rim of said riverbank or Watercourse, or to the top or toe
of said embankment, if such area is closer than the Lot lines.
21.27.2.
Such areas shall also be excluded from permissible density calculations for Multiple
Dwelling Units and Amenity Space requirements.
21.28.
Altering of Land Levels in Relation to Development
Where an approved Subdivision Drainage and Grading Plan, as required under the SUB, is in
effect, any proposed Development on Subject Property shall comply with the Approved
Subdivision Drainage and Grading Plan.
21.29.
Accessory Buildings and Structures not for Human Habitation
An Accessory Structure shall not be used as a Dwelling Unit except where a Dwelling is a
permitted Accessory Use, such as a Garage Suite or Garden Suite.
21.30.
Yard Requirements for Accessory Buildings, Structures and Uses
An Accessory Building, Structure or Use shall not:
21.30.1.
be located within the required Front Yard of a Lot;
21.30.2.
be built closer to a Street than the required Yard Setback;
21.30.3.
be Erected closer than 4.6 metres (15 feet) to the Lot line of the flanking Street;
21.30.4.
be built within 1.8 metres (6 feet) of the Main Building;
21.30.5.
exceed 4.6 metres (15 feet) in height except in an Industrial or Highway Commercial
Zone, or in the case of a Garage Suite shall not exceed 5.5 metres (18 feet), and maintain
a minimum Setback distance of 1.8 metres (6 feet) from any Lot line;
21.30.6.
be built closer than 1.2 metres (4 feet) to a Lot line except that:
a. common semi-detached Garages may be centred on the mutual side Lot line; and
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b. Accessory Buildings with no windows or openings on the side of the Building facing
said Lot line may be located a minimum of 0.6 metres (2 feet) from said Lot line in
any Residential Zone; and
21.30.7.
consist of a Motor Vehicle, trailer, shipping container, mobile Office, mobile classroom,
or like vehicle or Structure or portion thereof in any Residential Zone whether wheel-
mounted or on a foundation.
21.30.8.
Only proposed accessory buildings where permits are required under the NBCC shall
be required to acquire a development permit.
21.31.
Accessory Structures and Uses
An Accessory Structure or Use shall not be permitted:
21.31.1.
on a Lot separate from the Main Building or Use, except where the abutting lot has the
same ownership; or
21.31.2.
if a Main Building or Use is not on the Lot.
21.32.
Maximum Building Footprint for Accessory Structures and Uses
An Accessory Structure shall not have a Building footprint in excess of 70 square metres 753
square feet) except in an Industrial (M1, M2, M3), Highway Commercial (C3) or Commercial
Business Park (C4) Zone, or for Lots with an area greater than 700 square metres (7,534
square feet) Accessory Buildings shall not exceed the lesser of 93 square metres (1,000
square feet) in total Floor Area or 10% of the total Lot Area.
21.33.
Certain Structures Exempt
Drop awnings, clothesline poles, garden trellises, sidewalks, curbs, bollards, and retaining
walls are not Accessory Buildings and Structures.
22.
Parking and Loading
22.1.
Off-Street Parking Design Standards
22.1.1.
Every Building or Structure Erected or enlarged shall provide off-street parking with
unobstructed public Street access.
22.1.2.
The parking requirement for multiple Use Development shall be the total calculated
parking requirements for each individual land Use.
22.1.3.
For an existing Use expansion, only new usable Floor Area or new seating capacity shall
be included in the parking calculations for a Development proposal.
22.1.4.
Where a parking calculation results in a fraction, the required Parking Spaces shall be
rounded up to the next whole number.
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22.1.5.
A private Parking Area shall be located within 91 metres (300 feet) of the serviced
location.
22.1.6.
Parking and loading Areas shall be located within the same Zone as the Use to which
such areas are accessory.
22.1.7.
Parking Areas shall consist of Parking Spaces for individual vehicles, Loading Spaces
where specified, and driveways or aisles for Parking Space access and vehicle
maneuvering.
22.1.8.
Each Parking Space shall have a minimum area of 16.7 square metres (180 square feet)
and shall measure 2.7 metres (9 feet) by 6.1 metres (20 feet).
22.1.9.
Proposed parking facilities for more than four vehicles are subject to criteria as follows:
a. the Parking Area shall be maintained with a stable all-weather surface to prevent
particulate material, and a Professional Engineer-approved surface storm water
system;
b. no gasoline pumps or other service station equipment shall be located or
maintained on the parking Lot;
c. driveways or approaches to a Parking Area shall be defined by a curb of concrete,
rolled asphalt or wood and the limits of the Parking Area shall be defined by a
Fence, curb or other suitable aesthetic obstruction;
d. where feasible, the location of approaches or driveways shall be a minimum of 15.2
metres (50 feet) from the limits of the Right-of-way of a Street intersection;
e. the minimum width of a driveway or aisle in a Parking Area shall be 3 metres (10
feet) for one-way traffic and 6.1 metres (20 feet) for two-way traffic;
f.
from any one Lot, there shall be a maximum of two exit ramps and two entrance
ramps accessing any one public Street;
g. in the Institutional (I), Recreation (P), Downtown Core (C1), Neighbourhood
Commercial (C2) Zone, or any Residential Zone, the width of any ramp leading to a
Parking Area shall have a minimum width of 3.7 metres (12 feet) for one way traffic
and a maximum width of 7.6 metres (25 feet) for two-way traffic;
h. a Landscaped strip at least 3 metres (10 feet) wide shall be provided and
maintained between the Parking Area and any abutting public Right-of-way,
excepting any driveways or pedestrian walkways; and
i.
parking Lots with forty (40) or more spaces shall be engineer reviewed and shall
include 30 square metres (320 square feet) of Landscaped area, and no bay of
Parking Spaces may extend for more than 55 metres (180 feet) without
Landscaping.
22.1.10.
Where multiple Parking Spaces are required, those spaces shall not directly access a
public Street.
22.2.
Off-Street Parking Requirements
22.2.1.
Parking Space for the physically challenged shall be provided as per the requirements
of the Nova Scotia Building Code Act Regulations. The minimum dimensions for
accessible Parking Spaces shall be 3.7 metres (12 feet) x 6 metres (20 feet) and shall be
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located closest to an accessible barrier-free entrance, have a slip-resistant and level
surface, and be identified as reserved for the Use of Persons with physical challenges.
22.3.
Parking Stalls
Table 3 - Designated Parking Stalls
22.3.1.
The parking requirement for mixed Use Development shall be the total calculated
parking requirements for each Use.
22.3.2.
Parking Spaces shall be in accordance with Tables 3 to 6 and the definition as follows
shall apply:
Place of Assembly means the occupancy or Use of a Building, or part thereof, by a
gathering of Persons for civic, political, travel, religious, social, educational, recreational
or like purposes, or for the consumption of food or drink, as defined under the NBCC.
In the event of conflict between specific Use and Place of Assembly parking
requirements, specific Use shall prevail.
NUMBER OF PARKING STALLS
NUMBER OF DESIGNATED STALLS
REQUIRED FOR WHEELCHAIRS
2 - 15
1
16 - 45
2
46 - 100
3
101 - 200
4
201 - 300
5
301 - 400
6
401 - 500
7
501 - 900
8
901 - 1 300
9
1 301 - 1 700
10
each increment of up to 400 stalls in
excess of 1,700
one additional space
Where on-site parking is provided, parking stalls for use by disabled Persons
shall be provided
(a) as designated by Table 3.8.2.2. as contained within the 2010 NBCC,
(b) one parking stall for disabled Persons shall be provided for each viewing
position required in assembly occupancies in Sentence 3.8.2.1.(3) as
contained within the 2010 (NBCC) or
(c) one parking stall for each barrier free residential suite.
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Table 4 - Parking Requirements for Residential Uses
TYPE OF BUILDING OR USE
PARKING REQUIRED
A residential Dwelling containing
not more than 2 Dwelling Units
1.5 Parking Spaces for each Dwelling Unit
Seniors Residential Complex,
Garage Suite, Garden Suite
1 Parking Space for each Dwelling Unit
All other residential Dwellings
1.25 Parking Spaces for each Dwelling Unit
Home Occupation
1 Parking Space per every 27.9 m2 (300 ft²) of
Floor Area, in addition to the residential Use
requirements plus one additional Parking
Space if Retail is involved
Table 5 - Parking Requirements for Commercial Uses
TYPE OF BUILDING OR USE
PARKING REQUIRED
Auto Repair, service stations,
Car Washes
4 Parking Spaces for each bay, or 7 waiting
spaces per bay for an automatic Car Wash
Beverage Room, Lounge, Cabaret
1 Parking Space for every 9.3 m2 (100 ft²) of
Floor Area
Bed and Breakfasts, Boarding
Houses
1 Parking Space for each suite or rental unit in
addition to those required by the other Uses,
where applicable
Bowling alleys and curling rinks
6 Parking Spaces for every bowling lane or ice
sheet plus requirements for Uses contained in
the Building
Day Care Centre
1 Parking Space for every 46.4 m2 (500 ft²) of
Floor Area, in addition to those required by
the residential unit if applicable
Funeral Homes
1 Parking Space for every 4.7 m2 (50 ft²) of
Floor Area for public seating. Minimum of 10
spaces
Hotels, Motels, inns, lodging house,
tourist cabins or other similar
Accommodations
1 Parking Space for each suite or rental unit
Medical or dental practitioners,
Offices or Clinics
The greater of 5 Parking Spaces for each
practitioner or 1 Parking Space for every 18.6
m2 (200 ft²) of Floor Area
Offices
1 Parking Space for every 28 m2 (300 ft²) of
Floor Area
Personal Service Shops
The greater of 2 Parking Spaces for each chair,
or 1 Parking Space for each 28 m2 (300 ft²) of
Floor Area
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Table 6 - Parking Requirements for Institutional Uses
TYPE OF BUILDING OR USE
PARKING REQUIRED
Churches, Church halls, auditoria,
halls, and other place of assembly
1 Parking Space for every 5 seats or 3 m of
bench seating, or where there is no fixed
seating, 1 Parking Space for every 4.7 m2
(50 ft²) of Floor Area for public Use
Elementary Schools
2 Parking Spaces for each teaching
classroom
High schools/Colleges
4 Parking Spaces for each teaching
classroom
Hospitals
The greater of1 Parking Space for every 2
beds, or for every 37 m2 (400 ft²) of Floor
Area
Special Care Facilities
The greater of 1 Parking Space for every 3
beds, or 1 Parking Space for every 46.5 m2
(500 ft²)
Nursing Home
The greater of 1 Parking Space for every 2
beds, or 1 Parking Space for every 37 m2
(400 ft²) of Floor Area
TYPE OF BUILDING OR USE
PARKING REQUIRED
Retail
1 Parking Space for every 28 m2 (300 ft²) of
Floor Area
Restaurants:
Establishments
Full Service and Licensed Liquor
The greater of 1 Parking Space for every 4
seats provided, or 1 Parking Space per 4.6 m2
(50 ft²) of Floor Area devoted to public Use
Drive In/Fast Food
1 Parking Space per 3.3 m2 (35 ft²) of Floor
Areas devoted to public Use
Take Out
1 Parking Space per 5.6 m2 (60 ft²) of floor are
devoted to public Use
Theatres
1 Parking Space for every 6 seats
Wholesale Establishments
1 Parking Space for every 93 m2 (1,000 ft²) of
Floor Area
Veterinary clinic, Animal Hospital
1 Parking Space for every 28 m2 (300 ft²) of
Floor Area
All other Commercial Uses
1 Parking Space for every 28 m2 (300 ft²) of
Floor Area
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Table 7 - Parking Requirements for Industrial Uses
TYPE OF BUILDING OR USE
PARKING REQUIRED
All Industrial Uses
1 Parking Space for each 186 m2 (2,000
ft²) of Floor Area plus parking required
for Offices and other Uses in the facility
22.4.
Cash-in-Lieu of Required Parking
22.4.1.
Cash-in-lieu is calculated according to the following formula:
C = A x P (X + Y) + Z
Where:
C= cash-in-lieu;
A= number of Parking Spaces required by the LUB;
P= area needed for a Parking Space plus factor to allow vehicle turning and access room
= 29.7 m2 (300 ft²) [(18.6 m2 (200 ft²) (6 m (20 ft) X 3 m (10 ft)) +11.1 m2 (120 ft²)
(60% of area of Parking Space)];
X= assessed value/square foot of the proponent's land;
Y= cost/square metre (to be determined by the proponent) for grading and surfacing
the area to LUB standards; and
Z= cost of Landscaping and maintaining the Parking Area for a five year period (to be
calculated as 5% of the assessed value of the Parking Area).
22.4.2.
Cash-in-lieu shall be waived for new Commercial Developments or a change in
Commercial Use of Downtown Core (C1) Zone properties, but cash-in-lieu shall be
required for new residential Development.
22.5.
Loading Spaces
22.5.1.
In any Zone, any Structure associated with regular shipping, loading and unloading of
Persons, Animals, goods or materials shall be required to maintain on-premises one off-
street Loading Space for standing loading and unloading for every 2,790 square metres
(30,000 square feet), or fraction in accordance, of Building Floor Area to a maximum
requirement of six (6) Loading Spaces.
22.5.2.
In any Zone, any land Use involving regular shipping, loading and unloading of Persons
Animals, goods or materials shall be required to maintain on-premises one off-street
Loading Space for standing loading and unloading for every 2790 square metres
(30,000 square feet), or fraction in accordance, of Lot Area to a maximum requirement
of six (6) Loading Spaces.
22.5.3.
The provision of a Loading Space for any Building with less than 167 square metres
(1,800 square feet) shall be optional.
22.5.4.
Each Loading Space shall measure a minimum of 3.7 metres (12 feet) by 12.2 metres
(45 feet) with a minimum height clearance of 4.3 metres (14 feet).
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22.5.5.
No Loading Space shall be located within any Front Yard or any Yard that abuts a
Residential or Recreational Use.
22.5.6.
Loading Space areas, including access driveways, shall be constructed and maintained
with a stable all-weather surface that is treated to prevent the particulate material.
22.5.7.
Loading Space ingress and egress shall be provided by unobstructed driveway(s) with
a minimum width of 3 metres for one-way traffic and a maximum width of 7.6 metres
(25 feet).
22.5.8.
Notwithstanding section 22.5.1 to 22.5.7, reuse of existing Buildings in the Downtown
Core (C1) Zone shall not require Development of any new off-street Loading Space.
22.6.
Vehicles Prohibited from Parking or Storage in Residential Zones
22.6.1.
No Commercial Motor Vehicle shall be kept in a residential Zone except for one (1)
Commercial vehicle not exceeding 4,500 kg (10,000 lbs.) GVW (gross vehicle weight)
and owned by the owner or occupant of the Lot.
22.6.2.
Vehicles loaded with Obnoxious materials, including cargoes identified by labels as
required under the Transportation of Dangerous Goods Act. 1992 c. 34 shall not be
parked or stored within a Residential Zone.
22.7.
Approval of Traffic Authority
Traffic Authority approval is required prior to Development Permit issuance for the
following:
22.7.1.
applications for Commercial, Industrial, Institutional and Recreational Uses (exempting
Home Occupations);
22.7.2.
Development on corner properties and flanking Streets, where a minimum of 15.2
metres (50 feet) is required between an approach or driveway and the limits of the
Right-of-way of a Street intersection;
22.7.3.
applications for multi-unit residential Uses, or where Development Agreements are
otherwise required by MPS, where new or additional parking and/or access provisions
are required; and
22.7.4.
where public and/or private Parking Areas are required for more than twelve (12)
Motor Vehicles (exempting Home Occupations).
22.8.
Vehicle Queuing for Drive-through Uses and Facilities
22.8.1.
Businesses providing drive-through services including, without limitation, banks,
automatic Car Wash facilities, and Restaurants, shall provide queuing for Motor Vehicle
queuing per Table 8 or as otherwise required by the Traffic Authority.
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22.8.2.
All Motor Vehicle queuing shall have no other purpose and shall not interfere with any
other Motor Vehicle movement on site including parking stalls, aisles, access and egress
to and from the site.
Table 8 - Vehicle Queuing Requirements
USE
QUEUING REQUIREMENT
Fast Food Restaurant
Drive-Through
Queuing for 4 cars between the order
board and the pick-up window and for 6
cars behind the order board, with total
queuing length not less than 61 m (200 ft)
Coffee shop Drive-Through
Queuing for 4 cars between the order
board and the pick-up window and for 10
cars behind the order board, and Traffic
Authority may require a traffic impact
statement
Bank Drive-Through
Queuing for 5 cars
Car Wash
Queuing for 3 cars beyond service bay/stall
23.
Signage
23.1.
General
All Erected, replaced, enlarged or relocated signage shall be subject to a Development
Permit, and all Signs shall be maintained in good repair.
23.2.
Number of Signs
In calculating Sign numbers:
23.2.1.
window Signs shall not be counted;
23.2.2.
section 23.14.1 permitted Signs shall not be counted;
23.2.3.
canopies or awnings, including Service Station Canopies, incorporating signage shall be
counted, but the entire display surface of the canopy or awning shall be considered as
one Sign; and
23.2.4.
random display without organized relationship of elements shall be counted with each
element to be considered a Sign.
23.3.
Signs Permitted in all Zones
Signs that are permitted in all Zones include:
23.3.1.
Signs not exceeding 0.5 square metres (5 square feet) in Sign Area denoting name and
address of Residential and non-residential Buildings;
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23.3.2.
Signs not exceeding 0.5 square metres (5 square feet) in Sign Area regulating property
Use, denoting on-premises traffic or parking, or the direction or function of various
parts of a Building, Structure or Lot;
23.3.3.
real estate Signs not exceeding 0.5 square metres (5 square feet in Sign Area in a
Residential Zone and 4.6 square metres (50 square feet) in other Zones, advertising
premises sale, rental or lease;
23.3.4.
government Signs, including without limitation, traffic, railway crossing, and safety
Signs;
23.3.5.
memorial Signs or tablets, Signs denoting the date of Erection of a Structure, and the
flag, pennant or insignia of any government;
23.3.6.
Signs not exceeding 9.3 square metres (100 square feet) in Sign Area that are incidental
to construction and within the designated construction area, provided removal within
30 days of construction completion;
23.3.7.
vending machine and telephone booth Signs, Signs or devices denoting time, date or
weather conditions, or like Signs that are not of primary advertising function;
23.3.8.
Signs on public property or public Right-of-way under municipal direction provided
such Sign:
a. is a directional or identification Sign affecting public property;
b. is provincially compliant; and
c. does not advertise a business or product, excepting Signs at approved business or
industrial park entrances naming businesses, organizations or occupants thereof;
and
23.3.9.
federal, provincial or municipal election Signs for the campaign duration, provided
legislative compliance.
23.4.
Signs Prohibited in all Zones
Signs that are prohibited in all Zones include:
23.4.1.
Signs directly attached to or painted upon a Building roof;
23.4.2.
Signs compromising public safety or health;
23.4.3.
Signs obstructing traffic Signs, control devices or driver vision on public roadways or
driveways due to size, location, content, colouring, or manner of illumination;
23.4.4.
Signs obstructing fire escape door, window, or other required exit-way access;
23.4.5.
business advertisement Signs painted on or attached to or supported by a tree, stone,
cliff, or other natural object;
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23.4.6.
Signs advertising non-operational businesses or obsolete products;
23.4.7.
Signs not Erected by a municipality located at or near sharp road curves or severe grade
changes;
23.4.8.
Signs not Erected by a municipality denoting "STOP", "LOOK", "ONE-WAY", "YIELD" or
any singular words, phrases, symbols, lights, characters, or colours such as directional
arrows that interfere with, mislead, or confuse public road traffic;
23.4.9.
Signs using string lights, other than temporary holiday decorations; and
23.4.10.
Search lights, pennants, spinners, banners, and streamers excepting for grand
openings, fairs, public festivals, exhibitions and like events.
23.5.
Signs in Residential Zones
Except where other provision herein, a Sign in the Residential Single Unit (R1), Residential
Two Unit (R2), Residential Multiple Unit (R3), and Residential Mini Home Park (R5) Zones
is permitted provided:
23.5.1.
General:
a. one Sign maximum per property; and
b. Sign Area not exceeding 0.6 square metres (6.5 square feet);
23.5.2.
Ground Signs:
a. maximum height of 1.8 metres (6 feet), measured from grade to the highest point
of the Sign; and
b. no Sign portion (base, post, frame, or face) is located within 1.5 metres (5 feet) of
any public Right-of-way or common property line;
23.5.3.
Subdivision/community entrance identification Ground Signs:
a. the Sign denotes only the neighbourhood or subdivision name; and
b. notwithstanding section 23.5.1 (b), Sign Area not exceeding 4.6 square metres (50
square feet); and
23.5.4.
notwithstanding section 23.5.1 (b), Bed and Breakfast may have a Sign not exceeding
0.9 square metres (10 square feet).
23.6.
Signs in the Downtown Core (C1) Zone
Except where other provisions are set out herein a Sign in the Downtown Core (C1) Zone is
permitted provided:
23.6.1.
General:
a. Three (3) Sign maximum per business;
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b. Sign is located on the Lot containing the advertised business; and
c. where a property abuts a Residential, Institutional (I) or Recreation (P) Zone, the
Sign is not located within an abutting Yard;
23.6.2.
Facial Wall Signs:
a. no Sign extension is permitted beyond the extremities of the wall on which it is
affixed; and
b. one Sign maximum per business for multiple occupancy Buildings;
23.6.3.
Projecting Wall Signs:
a. no Sign extension more than 1.8 metres (6 feet) from the wall on which it is affixed;
b. no Sign extension above the eaves, parapet, or Building Roof Line;
c. no Sign Erection below a height of 3 metres (10 feet) above grade; and
d. maximum Sign Area of 1.5 square metres (16 square feet);
23.6.4.
Ground Signs or free standing Signs:
a. maximum height of 6.1 metres (20 feet), measured from grade to the highest part
of the Sign;
b. no Sign extension beyond a common property line or public Right-of-way;
c. one Sign maximum per Lot; and
d. maximum Sign Area of 4.6 square metres (50 square feet);
23.6.5.
Portable Signs:
a. one Portable Sign maximum per advertised business;
b. temporary status with normal business hour display only;
c. direct placement in front of advertised business;
d. no pedestrian traffic obstruction; and
e. maximum Sign Area of 0.9 square metres (10 square feet).
23.7.
Signs in Neighbourhood Commercial (C2) Zone
Except where other provision herein, a Sign in the Neighbourhood Commercial (C2) Zone is
permitted provided:
23.7.1.
General:
a. two Sign maximum per business;
b. Sign is located on the Lot containing the advertised business; and
c. where a property abuts a Residential, Institutional (I) or Recreation (P) Zone, the
Sign is not located within an abutting Yard;
23.7.2.
Facial Wall Signs:
a. no Sign extension beyond the extremities of the wall on which it is affixed;
b. one Sign maximum per business for multiple occupancy Buildings; and
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c. Sign Area maximum of 10% of the wall area on which it is affixed;
23.7.3.
Projecting Wall Signs:
a. no Sign extension more than 1.8 metres (6 feet) from the wall on which it is affixed;
b. no Sign extension above the eaves, parapet, or Building Roof Line;
c. no Sign Erection below a height of 3 metres (10 feet) above grade; and
d. maximum Sign Area of 1.5 square metres (16 square feet);
23.7.4.
Ground Signs or free standing Signs:
a. maximum height of 4.6 metres (15 feet), measured from grade to the highest part
of the Sign;
b. no Sign location within 1.5 metres (5 feet) of any public Right-of-way or common
property line;
c. one Sign maximum per Lot; and
d. maximum Sign Area of 2.3 square metres (25 feet).
23.8.
Signs in Highway Commercial (C3), Commercial Business Park (C4), Light Industrial (M1),
General Industrial (M3) and Provincial Resource (M2) Zones
Except where other provision herein, a Sign in the Highway Commercial (C3), Commercial
Business Park (C4), Light Industrial (M1), General Industrial (M3) or Provincial Resource
(M2) Zones is permitted provided:
23.8.1.
General:
a. Four (4) Sign maximum per business;
b. Sign is located on the Lot containing the advertised business; and
c. on a property abutting a Residential, Institutional (I) or Recreation (P) Zone, the
Sign is not located within an abutting Yard;
23.8.2.
Facial Wall Signs shall not be limited, provided:
a. maximum coverage of 0.3 square metres (3.2 square feet) per lineal foot of the wall
on which it is affixed; and
b. Four (4) Sign maximum per business for multiple occupancy Buildings;
23.8.3.
Commercial Buildings, whether separate or attached to a Shopping Centre, with a
minimum Gross Floor Area of 2,787 square metres (30,000 square feet), 75% of which
is occupied by the main business occupant:
a. Four (4) Sign maximum displaying main occupant name, with remainder limited to
advertising available subordinate services, goods, occupants, or the like in the
Building, with a one Sign maximum for each service, good, occupant, or like;
b. where attached to a Shopping Centre, section limitations apply only to the subject
Commercial Building, not to the attached Shopping Centre;
c. no Sign extension beyond the extremities of the wall on which it is affixed; and
d. no Sign projection more than 0.3 metres (1 feet) from the supporting wall;
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23.8.4.
Projecting Wall Signs:
a. no Sign extension more than 1.8 metres (6 feet) from the wall on which it is affixed;
b. no Sign extension above the eaves, parapet, or Building Roof Line;
c. no Sign Erection below a height of 3 metres (10 feet) above grade; and
d. maximum Sign Area of 1.5 square metres (16 square feet);
23.8.5.
Ground Signs or free-standing Signs to a maximum height of 10.6 metres (35 feet):
a. the height measurement taken from grade to the highest part of Sign or Sign fixture;
b. no Sign location within 1.5 metres (5 feet) of any public Right-of-way or common
property line;
c. one Sign maximum per Lot; and
d. maximum Sign Area of 23.3 square metres (250 square feet);
23.8.6.
Ground Signs or free-standing Signs to a maximum height of 18.3 metres (60 feet):
Notwithstanding other provisions set out herein in this section, a Ground Sign with a
maximum of four Sign faces with Sign Area not exceeding 18.6 square metres (200
square feet) per face, 37.2 square metres (400 square feet) for two faces combined, 55.8
square metres (600 square feet) for three faces combined, or 74.4 square metres (800
square feet) for four faces combined, may be permitted provided:
a. the height measurement taken from grade to the highest part of Sign or Sign fixture;
b. no Sign portion (base, post, frame, or face) is located within 7.6 metres (25 feet) to
any public Right-of-way or common Lot boundary; and
c. for Illuminated Signs, maximum Sign Area of 14 square metres (150 square feet)
and maximum height of 10.7 metres (35 feet) for the illuminated portion;
23.8.7.
Ground Signs or free-standing Signs to a Maximum Height of 24.4 metres (80 feet):
Notwithstanding other provision in this section, a Ground Sign to a maximum of 24.4
metres (80 feet) may be permitted in Highway Commercial (C3) or Commercial
Business Park (C4) Zones provided that no Sign portion (base, post, frame, or face) is
located within 15.2 metres (50 feet) of any public Right-of-way, common Lot boundary,
or abutting Residential or Institutional Zone or Use, and provided Provincial
compliance and subject to remaining municipal regulations, per Schedule E.
23.8.8.
Illuminated Signs, maximum Sign Area of 14 square metres (150 square feet) and
maximum height of 10.7 metres (35 feet) for the illuminated portion.
23.9.
Signs in the Institutional (I), Floodplain (F), and Recreation (P) Zones
Except where other provision herein, a Sign in the Institutional (I), Floodplain (F) and
Recreation (P) Zones, is permitted provided:
23.9.1.
General:
a. two Sign maximum per property; and
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b. Sign is located on the Lot containing the advertised Uses;
23.9.2.
Facial Wall Signs:
a. no Sign extension beyond the extremities of the wall on which it is affixed;
b. one Sign maximum per business for multiple occupancy Buildings; and
c. Sign Area is a maximum of 10% of the wall area on which it is affixed;
23.9.3.
Projecting Wall Signs:
a. no Sign extension more than 1.8 metres (6 feet) from the wall on which it is affixed;
b. no Sign extension above the eaves, parapet, or Building Roof Line;
c. no Sign Erection below a height of 3 metres (10 feet) above grade; and
d. maximum Sign Area of 1.5 square metres (16 square feet);
23.9.4.
Ground Signs or free-standing Signs:
a. maximum height of 4.6 metres (15 feet), measured from grade to the highest part
of the Sign;
b. no Sign location within 1.5 metres (5 feet) of any public Right-of-way or common
property line;
c. one Sign maximum per Lot; and
d. maximum Sign Area of 2.3 square metres (25 square feet).
23.10.
Murals and Artwork in the Downtown Core (C1) Zone
Notwithstanding other provision herein, Artwork developed for display in the Downtown
Core (C1) Zone is subject to approval by Council or a designated body.
23.11.
Menu Board Signs for Drive-through Restaurants and Cafes
23.11.1.
Two freestanding or wall mounted Menu Board Signs per business are permitted, with
maximum Sign Area of 3.7 square metres (40 square feet) per Sign, and a maximum
height of 3.1 metres (10 feet).
23.11.2.
The Development Officer shall designate Sign location to provide adequate queue
storage and traffic circulation.
23.11.3.
The Sign shall not be decipherable from the public Street Right-of-way.
23.12.
Third Party Signs
One Third Party Sign per business is permitted provided:
23.12.1.
Sign Area maximum of 1.2 square metres (13 square feet);
23.12.2.
Sign location within 130 metres (426 feet) of the subject business;
23.12.3.
maximum height of 3 metres (10 feet);
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23.12.4.
no Sign location within 1.5 metres (5 feet) from any common Lot boundary or Street
Right-of-way; and
23.12.5.
notwithstanding the above, signage shall be subject to any approved Signage By-Laws.
23.13.
Special Event Signs
23.13.1.
Special Event Signs are exempt from the total number of permitted Signs on a Lot.
23.13.2.
Special Event Signs including banners, Signs supported on a moveable Structure, trailer
or wheel-mounted shall be permitted only on a temporary basis in a Commercial or
Industrial Zone concurrent to an opening or closing, festival, holiday, exhibition, or
special event and provided:
a. Compliance with remaining LUB provisions;
b. a 30 day maximum duration;
c. Setback requirement of 1.5 metres (5 feet) from any property line, driveway,
Corner Vision Triangle, Parking Area or Street Line;
d. maximum height of 3 m (10 feet) from Grade Level to its highest part;
e. maximum Sign Area of 3.25 square metres (35 square feet);
f.
Sign location on same Lot as subject business; and
g. notwithstanding, banner Signs allowing free flow of air shall be permitted for a
maximum of 14 days for community events, but not for Commercial sales by non-
profit organizations over or adjacent to the public Right-of way except with Town
approval. There shall be a maximum of one Sign per special event per year, with the
Town to Erect and remove.
23.14.
Special Sign Requirements in the Waterfront (W) Zone
Waterfront (W) Zone Development Sign materials shall be limited to wood, stone, wrought
iron, simulated wood, or a combination thereof, with a maximum height of 4.6 metres (15
feet), and signage shall be policy compliant, with design aesthetic to be prioritized.
23.15.
Canopies and Awnings
23.15.1.
A canopy or awning is permitted provided:
a. no canopy or awning extension more than 1.2 metres (4 feet) for a stationary
canopy or awning, or 2.4 metres (8 feet) for a retractable canopy or awning, from
the wall on which it is affixed; and
b. no canopy or awning below a height of 3 metres (10 feet) above grade for a
stationary canopy or awning, or 2.4 metres (8 feet) for a retractable canopy or
awning.
23.15.2.
A canopy or awning extending over the public Right-of-way is permitted provided
section 23.16.1 compliance.
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23.15.3.
A Development Permit may be issued for a canopy or awning incorporating signage
provided section 23.2 to 23.2.4 compliance.
23.15.4.
Canopy or awning signage and Service Station Canopy signage, are included in the
maximum permitted number of Signs per Lot, with the canopy or awning total display
surface as one Sign.
23.15.5.
All canopies and awnings shall be maintained in good repair.
23.15.6.
Signage by-law govern where in effect, notwithstanding section 23.
24.
Development in Areas Prone to Subsidence
24.1.
Applications for Development on subsidence-prone lands, as defined in the applicable SPS,
noted on the map attached hereto as Schedule B, must be compliant, where such
Development is intended for human occupancy. A geo-technical report by a licensed
Professional Engineer must accompany any application for a Development Permit in
subsidence-prone areas, as defined in the applicable SPS, and on approval, Development
must follow all geo-technical report recommendations per Schedule B.
24.2.
Notwithstanding section 24.1, a geo-technical report will not be required where:
24.2.1.
there is an existing Development on a property mapped in Schedule B, and there are no
proposed changes of Use, or additions to the existing Structure(s), or an increase in bulk
or density of the existing Use; or
24.2.2.
the application is for any Accessory Building(s) or a Building or Structure not for human
habitation or occupancy.
25.
Environmental Protection
Subject to where a SPA is required, Development Permits within areas designated
Environmental Features on the Environmental Features Map attached as Schedule C, shall
be issued only on satisfaction of criteria as follows:
25.1.1.
the proposal is for a permitted Use in the subject Zone; and
25.1.2.
proposal compliance with applicable SPS.
26.
Wind Energy
Applications for Development related to wind energy are subject to all provisions in this
section.
26.1.
General
26.1.1.
Except where other provision herein, manufacturer's specifications shall accompany
all Development applications for MWT, SWT, and LWTs.
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26.1.2.
Wind Energy Development shall not be exempt from Non-conforming, Nova Scotia
Energy, Nova Scotia Natural Resources, Transport Canada, NAV Canada, Nova Scotia
Power Inc. and all other applicable department approvals.
26.1.3.
Wind Turbines shall be separated by a minimum distance equal to the height of the
tallest Turbine on any property.
26.1.4.
Any Climbing Wind Apparatus shall be a minimum of 3 metres (10 feet) above grade.
26.1.5.
Wind Turbines exceeding 6 metres (20 feet) shall not be mounted on or attached to any
other Structure.
26.1.6.
Wind Turbines with a maximum height of 6 metres may be permitted as Accessory
Structures and may be mounted on or attached to another Structure, provided
Professional Engineer certification of installation and operation.
26.1.7.
Excepting MTWs, Fencing shall be required and:
a. completely enclose the Structure(s);
b. have a minimum height of 1.8 metres (6 feet);
c. have no opening exceeding 38 millimetres (0.23 inches);
d. not be electrified or incorporate barbed wire or like sharp materials unless they are
situate a minimum of 1.8 metres (6 feet) above grade; and
e. Fencing gates shall be self-closing and securely locked and be located a minimum
of 1.2 metres (4 feet) so that it prevents unauthorized access.
26.1.8.
For SWTs and LWTs, a Professional Engineer stamped drawing shall be submitted for
the construction of Structure.
26.2.
Mini Wind Turbines
Except where other provision herein, MWTs shall be permitted in Commercial Business Park
(C4), Light Industrial (M1), Provincial Resource (M2), General Industry (M3) and Water
Supply (WS) Zones and shall:
26.2.1.
have a maximum power output of 10 Kw;
26.2.2.
have a Setback minimum from adjoining Property Lines of 1.25 times Wind Turbine
Height; and
26.2.3.
notwithstanding other provision herein, have a maximum Wind Turbine Height of 22.9
metres (75 feet).
26.3.
Small Scale Wind Turbines
Except where other provision herein, SWTs shall be permitted in Commercial Business Park
(C4), Light Industrial (M1), Provincial Resource (M2), General Industry (M3) and Water
Supply (WS) Zones, and shall:
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26.3.1.
have a maximum power output of 100 kilowatts;
26.3.2.
be limited to one SWT per property;
26.3.3.
notwithstanding other provision herein, have a maximum Wind Turbine Height of 52
metres (170 feet);
26.3.4.
have a Setback minimum from adjoining Property Lines of 1.5 times the Wind Turbine
Height; and
26.3.5.
be required as per section 26.1.4 with a locking portal around the facility's Tower base,
or the Tower Climbing Apparatus shall be at least 3 metres (10 feet) from the ground
or otherwise not climbable.
26.4.
Large Scale Wind Turbines
Except where other provision herein, LWTs shall be permitted in the RR and WS Zones
subject to DA (Policy WE-1).
All LWT Development Permit applications shall include the following:
26.4.1.
a detailed site plan prepared by Professional Surveyor;
26.4.2.
no LWT location within four times the height of the Wind Turbine measured from grade
to the highest point of the Rotor's Arc from property lines;
26.4.3.
for Wind Turbine Development, a professional area impact study to determine Setback,
with a minimum of 2.5 times the turbine height, measured from grade to the highest
point of the Rotor's Arc;
26.4.4.
7.6 metre (25 foot) Minimum Blade Clearance;
26.4.5.
no signage excepting owner or manufacturer identification, not exceeding 5% of the
total surface area of the Wind Turbine;
26.4.6.
underground location of all Utility lines; and
26.4.7.
operator status report detailing future site plans upon Wind Turbine or Wind Farm
power production discontinuance for a minimum of one year, with the applicable Town
retaining discretion for Decommissioning and site restoration at the cost of the
developer.
27.
Home Occupations
In Residential Single Unit (R1), Residential Two Unit (R2), Residential Multiple Unit (R3),
Residential Rural (RR), Residential Mini Home Park (R5), Residential Tiny Home (R6),
Waterfront (W) Zones, any Single Detached Dwellings or accessory detached or attached
Buildings, may be used for a Home Occupation provided:
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27.1.
applicable Lot, Yard and height requirements of the subject Building are met;
27.2.
the occupation is that of a Dwelling resident(s) with a maximum of four (4) people, including
the owner(s) being employed by the business;
27.3.
the occupation shall be located wholly within a single Dwelling residential Building,
attached Accessory Building, Two Unit Dwelling, or detached Accessory Building;
27.4.
the Dwelling is occupied as a residence by the Home Occupation owner and the exterior
appearance of the Dwelling is not Altered by the Home Occupation Use, except to meet fire,
safety, NBCC and/or health regulations;
27.5.
the occupation shall not involve Obnoxious emissions;
27.6.
no advertising other than a wooden or simulated wood Sign identifying the Home
Occupation which has a maximum Sign Area of 0.5 square metres (5 square feet) and which
is a Facial Wall Sign or projecting Sign attached to the Main Building or attached Garage, or
a Ground Sign;
27.7.
no Outdoor Storage or Display of materials or equipment, including automotive vehicles or
vehicle parts;
27.8.
parking for the Home Occupation is provided on the same Lot per Parking Space for each
27.9 square metres (300 square feet) of Floor Area occupied by the Home Occupation, in
addition to residential parking requirements; and
27.9.
the occupation does not exceed 25% of the total Floor Area, that includes the Main Building,
an attached Garage, detached Accessory Building, unfinished basement or attic, to a
maximum of 46.5 square metres (500 square feet).
28.
Bed & Breakfast Establishments
Bed & Breakfast Uses shall be permitted in the Rural Residential (RR), Residential Single Unit
(R1), Residential Two Unit (R2) and Residential Multiple Unit (R3) Zones provided:
28.1.
the Bed and Breakfast is compliant with Home Occupation requirements as set out in section
27, excepting clauses 27.8 and 27.9;
28.2.
parking requirements under section 22 are met; and
28.3.
there is a maximum of four Bedrooms for guest sleeping Accommodation.
29.
Day Care Facilities
Day Care Uses will be permitted within the Rural Residential (RR), Residential Single Unit
(R1) and Residential Two Unit (R2) and Residential Multiple Unit (R3) Zones provided:
29.1.
the Day Care facility is compliant with Home Occupation requirements as set out in section
27, excepting clauses 27.6, 27.8 and 27.9;
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29.2.
is compliant with applicable provincial legislation;
29.3.
parking requirements under section 22 are met; and
29.4.
no more than fifty percent (50%) of the Dwelling is devoted to Day Care Use.
30.
Garden Suites and Garage Suites
30.1.
Permitted Uses As-of-Right
Garden Suites and Garage Suites are permitted as-of-right in Zones R2 and R3 provided:
30.1.1.
Fenestration areas exceeding 1.1 square metres (12 square feet) must face the main
Dwelling or flanking Street;
30.1.2.
windows must be offset by placement of Accessory Buildings and Landscaping to
ensure neighbouring Yard privacy;
30.1.3.
Garage Suites above grade may not have balconies or Decks facing abutting residential
property;
30.1.4.
Garage or Garden Suite Roof Decks are not permitted;
30.1.5.
minimum 4 metre (13 foot) Separation Distance between a main Dwelling and a Garage
or Garden Suite;
30.1.6.
an occupancy permit for the main Dwelling on the Lot must precede Garage Suite or
Garden Suite Development Permits;
30.1.7.
minimum 1.2 metre (4 foot) Setback for any Garden Suite or Garage Suite;
30.1.8.
minimum 557 square metre (6,000 square foot) Lot Area including the main Dwelling
and the Garden Suite or Garage Suite; and
30.1.9.
maximum of one Garden Suite or Garage Suite per Lot.
31.
Site Plans and Variances
Site-plan Approvals shall be subject to part VIII MGA. Variances shall be permitted subject
to all of Section 235 of the MGA, including the criteria set out in Section 235 (2).
31.1.
Uses and Areas Subject to Site Plan Approval
The following Uses and areas shall be subject to site plan approval, unless listed as a
permitted, as of right use in the applicable zone:
31.1.1.
New, and expansions to Commercial, Industrial, Institutional (I), Recreation (P) and
mixed Uses in the C2, C3, C4, M1, M2, I, and P Zones where listed as permitted Uses in
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the applicable Zone, and there are proposed provisions for parking, off-street loading,
and/or new Development; as per Policy IM-23;
31.1.2.
New, or expansions to multi-unit residential Development in the Residential Multiple
Unit (R3) Zone, tiny homes in the R2 and R3 Zones on undersized lots, and garage suites
and garden suites in the R1 Zone; and
31.1.3.
New, or expansions to existing multi-unit residential Developments in any residential
Zone, excepting 31.1.2 above, to a maximum of four Dwelling Units per Development,
and subject to the Lot, Yard, Height, and Open Space Requirements of the Residential
Multiple Unit (R3) Zone as per Policy RD-10.
31.2.
Matters Subject to Site Plan Approval Review
Matters as follows may be subject to site plan approval (as per Policy IM-26), when
determined by the Development Officer:
31.2.1.
Structure location on the Lot;
31.2.2.
off-street loading and parking facility location;
31.2.3.
location, number and width of driveway accesses to Streets;
31.2.4.
type, location and height of walls, Fences, hedges, trees, shrubs, ground cover or like
Landscaping elements to minimize adjacent residential land impact;
31.2.5.
existing vegetation retention;
31.2.6.
walkway location, including surface material and pedestrian access;
31.2.7.
outdoor lighting type and location;
31.2.8.
solid waste storage facility location;
31.2.9.
easement location;
31.2.10.
land elevation grading and storm and surface water management;
31.2.11.
signage particulars, including type, location, number and size; and
31.2.12.
maintenance of items 31.2.1 through 31.1.11, above.
31.3.
Site Plan Approval Variances (per Policy IM-28)
The Development Officer may grant a Variance for a Use subject to site plan from the
minimum requirement of the following:
31.3.1.
Lot Area or building height;
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31.3.2.
Yard; and
31.3.3.
Parking Space.
31.4.
Criteria for Considering Site Plan Approval
Site plan approval criteria for Development Officer consideration includes (per Policy IM-
27):
31.4.1.
Zone, LUB and SUB compliance (excepting Variance considerations per section 27.3);
31.4.2.
abutting land Uses compatibility;
31.4.3.
Traffic Authority, Town Engineer, or Planner comment, when required in the LUB; and
31.4.4.
Policy IM-11.
31.5.
Notification Area
The Development Officer shall notify all property owners within 30 metres (100 feet) (and
a minimum of two (2) properties removed from the boundary of the Subject Property in the
Town of Pictou) upon site plan approval application, per the MGA notification requirements
for Variances. Site plan appeals are governed by MGA Variance appeal provisions (per Policy
IM-25).
31.6.
Application Requirements (per Policy IM-24)
Site plan approval application requisites include:
31.6.1.
a signed application by owner or agent thereof;
31.6.2.
a detailed site plan per section 31.2;
31.6.3.
Building elevation and/or Building façade drawings if required by Development
Officer; and
31.6.4.
Floor plan, if required by Development Officer.
31.7.
Discharge of Site Plan (per Policy IM-30)
The Development Officer may wholly or partially discharge a site plan, with the concurrence
of the property owner(s) per Part VIII MGA.
32.
Development Agreements
Developments as follows shall be subject to Development Agreement per section 225 MGA,
unless listed as a permitted, as of right use in the applicable zone:
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32.1.
innovative housing and site design projects in the Residential and Commercial Business
Park designations per IPS Policy RD-11 except where permitted by site plan approval;
32.2.
new multiple-unit residential Dwellings, or new Developments within the Residential,
Downtown Commercial, Highway Commercial, Commercial Business Park, and Future
Redevelopment Area designations, per IPS Policy RD-9, except where permitted by site plan
approval;
32.3.
new residential Developments of single, double and/or multiple Dwelling Units within the
Residential, Downtown Commercial, Highway Commercial, Commercial Business Park, and
Future Redevelopment Area designations, per IPS Policy RD-5 and may include Garage
Suites or Garden Suites, except where permitted by site plan approval;
32.4.
new multiple unit residential Dwellings with Commercial Uses in the Downtown
Commercial, Highway Commercial, Commercial Business Park, and Future Redevelopment
Area designations, per IPS Policy CD-21 except where permitted by site plan approval;
32.5.
new Seniors Residential Complexes in the Residential, Downtown Commercial, Highway
Commercial, Commercial Business Park, and Future Redevelopment Area designations, per
IPS Policy RD-22, except where permitted by site plan approval;
32.6.
new Seniors Residential Complexes with Commercial Uses in the Downtown Commercial,
Highway Commercial, Commercial Business Park, and Future Redevelopment Area
designations, per IPS Policy CD-22, except where permitted by site plan approval;
32.7.
new Neighbourhood Commercial Uses and expansions to existing Neighbourhood
Commercial Uses on Lots within the Residential designation, per IPS Policy CD-11, except
where permitted by site plan approval;
32.8.
Multiple Unit Dwellings and Seniors Residential Complexes with or without Commercial
Uses in the Neighbourhood Commercial (C2) Zone, per IPS Policy CD-22, except where
permitted by site plan approval;
32.9.
new and expansions to existing sand, gravel and topsoil extraction operations in the
Floodplain (F) Zone, subject to MPS Policies F-3 and IM-11;
32.10.
Alterations, excluding expansions, in all Designations, and rebuilding, recommencement
and change of Use of Non-conforming Structures or land Uses per IPS Policy G-18;
32.11.
Developments exceeding 2322 square metres (25,000 square feet) of Building Floor Area
located in the Downtown Core (C1) Zone on Foord Street (between Acadia Avenue and
Bridge Avenue), subject to SPS Policy # as particularized in the applicable SPS; (REPEALED)
and
32.12.
Light Industrial Uses associated with Commercial Developments (subject to Policy CD-4).
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 6: Residential Zones
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Part 6: Residential Zones
33.
Residential Single Unit Dwelling (R1) Zone
33.1.
Permitted Uses
33.1.1.
As-of-Right
a. Residential Uses
i.
Single Detached Dwelling
ii.
existing Two Unit, Semi-detached or Duplex Dwellings
iii.
existing Multiple Unit Dwellings
iv.
Nursing Home
v.
Residential Tiny Homes (R6) Zone (Pictou Only - Existing Undersized Lots)
b. Non-Residential Uses
i.
Hobby Farms (but not feed Lot operations, Bulk Storage, depots,
chicken/pork farms, and agribusiness Uses such as a tannery, rendering
plant, or equipment sale and rental)
ii.
Day Care
iii.
Home Occupations
iv.
Recreational Uses subject to Recreation (P) Zone requirements
v.
stables and Kennels
vi.
Bed and Breakfast establishments as Home Occupations with a maximum of
four rooms to let
vii.
Boarding House establishments as Home Occupations with a maximum of
three rooms to let
33.1.2.
Development Agreement (a-c) and Site Plan Approval (d-f)
a. multiple unit residential Dwellings subject to Policy RD-9 where there are five (5)
or more units proposed;
b. innovative housing and site design Developments subject to Policy RD-11
c. two unit residential Dwellings subject to Policy RD-4
d. Garden Suites (only on a Lot containing a Single Detached Dwelling)
e. Garage Suites (only on a Lot containing a Single Detached Dwelling)
f.
Multiple unit dwellings up to four (4) units
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 6: Residential Zones
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33.2.
Standard Requirements
33.2.1.
Lot, Yard and Height
Table 9 - Residential Single Unit (R1) Zone Requirements
(no central water or sanitary sewer)
Minimum Lot Area
3716 m2 (40,000 ft²)
Minimum Lot Frontage
30.5 m (100 ft)
Minimum Front Yard
9.1 m (30 ft)
Minimum Rear Yard
9.1 m (30 ft)
Minimum Side Yard
3 m (10 ft)
Minimum Side Yard (flankage)
4.6 m (15 ft)
Maximum Height
10.7 m (35 ft)
Table 9A - Residential Single Unit (R1) Zone Requirements
(with central water and sanitary sewer) (or do we use R1?)
Minimum Lot Area
929 m2 (10,000 ft²)
Minimum Lot Frontage
30.5 m (100 ft)
Minimum Front Yard
9.1 m (30 ft)
Minimum Rear Yard
9.1 m (30 ft)
Minimum Side Yard
3 m (10 ft)
Minimum Side Yard (flankage)
4.6 m (15 ft)
Maximum Height
10.7 m (35 ft)
33.2.2.
Main Buildings over 7.6 metres (25 feet) in Height
a. Table 9 or 9A Minimum Side Yard requirements, as applicable; and
b. a Side Yard Setback equal to or greater than half the Main Building Height.
(REPEALED)
33.2.3.
Municipal Water and Sewer Services
a. Development shall not be permitted to use on-site water and wastewater servicing,
where municipal servicing is available in the Zone, as determined by the Town
Engineer; and
b. notwithstanding section 33.2.3 (a), Development shall be permitted to use on-site
water and wastewater servicing provided all minimum Lot requirements with
Nova Scotia Environment (NSE) are met.
33.2.4.
Conformance with Existing Setbacks
Notwithstanding other provision herein, minimum Front and, where applicable,
Flankage Yard Setbacks from a public Right-of-way shall be:
a. uniform to adjacent Structures; or
b. subject to Zone Setback requirements in Table 9 or 9A, as applicable.
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 6: Residential Zones
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34.
Hobby Farms
The occupants of a property with a main Dwelling in the R1 Zone shall be permitted to keep
ungulates for Use as pets or other non-Commercial purposes (including a hobby farm),
provided that the following conditions are met:
34.1.
an enclosed Structure is constructed for the sheltering of the Animal(s), and said Structure
is an Accessory Use on a residential Lot with a main Dwelling situate;
34.2.
the Structure outlined in (1) shall not be located in the Front Yard and shall have a minimum
Setback distance of 30.5 metre (100 foot) from the Rear and Side Yard Lot Lines;
34.3.
said Structure shall not cover more than fifty (50) percent of the available rear Yard;
34.4.
a minimum Lot size of 1 hectare (2.5 acres) shall be required for the first Animal, and an
additional 0.2 hectare (1/2 acre) for each additional Animal; and
34.5.
an existing Accessory Building that does not conform to the Setback and coverage
requirements outlined in sub-sections 34.2 and 34.3 may be used for the sheltering of the
Animal(s) provided the Structure is not situated within 15.2 metres (50 feet) of any
property line.
35.
Garden Plots
Public or private lands may be used for flower or vegetable gardens as a main or Accessory
Use. Such Use requires written consent of the applicable public owner. Forestry Use,
intensive agricultural Use, keeping of livestock, deer Fences, flagging, chairs and like items,
shall be prohibited.
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 6: Residential Zones
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36.
Residential Two Unit (R2) Zone
36.1.
Permitted Uses
36.1.1.
As-of-Right
a. Residential Uses
i.
Single Detached Dwellings
ii.
Semi-detached Dwellings
iii.
Duplex Dwellings
iv.
Two Unit Dwellings
v.
existing Multiple Unit Dwellings
vi.
Garage Suites (only on a Lot containing a Single Detached Dwelling subject to
Part 5, 30.1)
vii.
Garden Suites (only on a Lot containing a Single Detached Dwelling subject
to Part 5, 30.1)
viii.
Nursing Home
ix.
Group Care Facility Dwelling (to a maximum of four single room occupants)
x.
Community Home
xi.
Residential Tiny Homes (R6) Zone (Pictou and Trenton Only - Existing
Undersized Lots, maintaining a minimum lot area of 3,000 square feet in
Trenton)
b. Non-Residential Uses
i.
Home Occupations
ii.
Recreation Uses subject to the requirements of the Recreation (P) Zone
iii.
Boarding Houses with a maximum of three rooms to let
iv.
Day Care
v.
Bed and Breakfast establishments as Home Occupations with a maximum of
four rooms to let (subject to section 28)
36.1.2.
Development Agreement
a. multiple unit residential Dwellings subject to Policy RD-9 where there are five (5)
or more units proposed;
b. innovative housing and site design Developments subject to Policy RD-11
36.1.3.
Site Plan Approval
a. New or expansions to existing multiple unit residential Developments or Seniors
Residential Complexes, provided the total number of Dwelling Units does not
exceed four, and is subject to Residential Multiple Unit (R3) Zone Lot, Yard, Height,
and Open Space Requirements, subject to Policy IM-23.
b. Commercial and/or residential Uses on Lots in the Highway Commercial
designation on the GFLUM subject to Policy IM-23.
c. If the use is listed as a permitted as of right use in this zone, this process is not
required.
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 6: Residential Zones
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36.2.
Standard Requirements
36.2.1.
Lot, Yard and Height
Table 10 - Residential Two Unit (R2) Zone Requirements
Minimum Lot Area
Single Detached/Converted
464.5 m2 (5,000 ft²)
Semi-Detached
280 m2
(3,000 ft²)/unit
Duplex
560 m2 (6,000 ft²)
Minimum Lot Frontage
Single Detached/Converted
15.24 m (50 ft)
Semi-Detached
9.1 m (30 ft)
Duplex
18.3 m (60 ft)
Minimum Front Yard
6.1 m (20 ft)
Minimum Rear Yard
6.1 m (20 ft)
Minimum Side Yard
Single Detached/Converted
1.2 m (4 ft)/
2.4 m (8 ft)
Semi-Detached (common wall)
nil
Semi-Detached (outside wall)
1.8 m (6 ft)
Duplex
1.8 m (6 ft)
Minimum Side Yard
Flankage
4.6 m (15 ft)
Maximum Height
10.7 m (35 ft)
Table 10A - Residential Two Unit (R2) Zone Requirements (with central water and no sanitary sewer)
Minimum Lot Area
3716 m2 (40,000 ft²)
Minimum Lot Frontage
61 m (200 ft)
Minimum Front Yard
9.1 m (30 ft)
Minimum Rear Yard
9.1 m (30 ft)
Minimum Side Yard
3 m (10 ft)
Minimum Side Yard (flankage)
4.6 m (15 ft)
Maximum Height
10.7 m (35 ft)
36.2.2.
Municipal Water and Sewer Services
Development shall not be permitted to use on-site water and wastewater servicing,
where municipal servicing is available in the Zone, as determined by the Town
Engineer.
36.2.3.
Conformance with Existing Setbacks
Notwithstanding other provision herein, minimum Front and, where applicable,
Flankage Yard Setbacks from a public Right-of-way shall be:
a. uniform to adjacent Structures; or
b. subject to Zone Setback requirements in Table 10, 10A or 11, as applicable.
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 6: Residential Zones
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36.2.4.
Garden Plots
Public or private lands may be used for flower or vegetable gardens as a main or
Accessory Use. Such Use requires written consent of the applicable public owner.
Forestry Use, intensive agricultural Use, keeping of livestock, deer Fences, flagging,
chairs and like items, shall be prohibited.
36.3.
Additional Requirements
36.3.1.
Structural Alterations: Existing Multiple Residential Dwellings and Boarding Houses
a. The exterior Structure of an existing Converted Dwelling or Boarding House may
not be Altered by height, Roof Line, in Dwelling Units, or other exterior change to
compromise residential appearance, except as required by legislation or code.
b. All other Existing Multiple Residential Dwellings may be Altered provided
compliance with legislation or code, no additional Dwelling Units are created, and
required Yards and height restrictions are maintained.
36.3.2.
Existing Multiple Residential Dwelling and Boarding Houses
Table 11 - Existing Multiple Residential Dwelling and Boarding Houses
Minimum Front Yard
6.1 m (20 ft)
Minimum Rear Yard
6.1 m (20 ft)
Minimum Side Yard
Minor
1.8 m (6 ft)
Major
3 m (10 ft) or ½ the height of the Main
Building
Maximum Height
10.7 m (35 ft)
36.3.3.
Expansions to Number of Residential Units for Existing Multiple Residential Dwellings
by Development Agreement or Site Plan Approval
Expansion proposals to Existing Multiple Residential Dwellings and Converted
Dwellings with five or more units shall be considered by Development Agreement,
except where permitted by site plan approval (subject to IPS Policy IM-23 and Policy
RD-9). Expansions resulting in three (3) or four (4) units are permitted by Site Plan
Approval
36.3.4.
Abutting Yard
Notwithstanding Table 12, where an Existing Multiple Residential Dwelling abuts a
single detached, semi-detached or Duplex Dwelling:
a. the Abutting Yard shall have a 6.1 metre (20 foot) minimum;
b. Parking Space or Outdoor Storage shall be prohibited within the Abutting Yard;
c. driveways and access to Parking and Outdoor Storage shall be permitted in the
Abutting Yard; and
d. there shall be no expansion of existing Structures, storage, or parking Uses
encroaching on an Abutting Yard.
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 6: Residential Zones
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36.3.5.
Parking for Existing Multiple Unit Dwellings
a. Parking Areas for existing Multiple Unit Dwellings shall only be permitted in the
required Rear and Side Yards of the Lot and shall be otherwise compliant with this
By-Law.
b. Parking Areas shall be provided in accordance with the requirements and
standards as outlined in section 22 of this By-Law.
36.3.6.
Existing Mobile Home Dwellings
Notwithstanding other provision herein, Existing Mobile Home Dwellings may be
replaced, but no additional Mobile Home Dwellings shall be allowed.
36.3.7.
Boarders and Lodgers
In addition to residential Use requirements, three leased rooms in a Dwelling Unit shall
be permitted provided there is one available Parking Space per room located in the Side
or Rear Yards.
36.3.8.
Offsetting Side Yards
All subdivision plans shall require the 2.4 metre (8 foot) major Side Yard to be offset by
the 1.2 metre (4 foot) minor Side Yard on the adjacent property line, where possible,
with adjacent 1.2 metre (4 foot) Side Yards permitted only where a Corner Lot abuts an
Interior Lot.
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 6: Residential Zones
69 | P a g e
37.
Residential Multiple Unit (R3) Zone
37.1.
Permitted Uses
37.1.1.
As-of-Right
a. Residential Uses
i.
Townhouses
ii.
existing and new Multiple Unit Dwellings
iii.
any Uses permitted in the Residential Two Unit (R2) Zone subject to
Residential Two Unit (R2) Zone requirements
iv.
Seniors Residential Complex
v.
Residential Tiny Homes (R6) Zone (Pictou Only - Existing Undersized Lots)
b. Non-Residential Uses
i.
Home Occupations
ii.
Day Care
iii.
Bed and Breakfast establishments as Home Occupations with a maximum of
four rooms to let (subject to section 28)
37.1.2.
Development Agreement
a. multiple unit residential Dwellings subject to Policy RD-9, only in cases where an
application for a dwelling of more than four (4) units does not meet the R3 Zone
requirements. A new multiple unit dwelling that meets these requirements may be
built or expanded as of right;
b. innovative housing and site design Developments subject to Policy RD-11, in cases
where an application for a dwelling of more than four (4) units does not meet the
R3 Zone requirements;
c. If the use is listed as a permitted as of right use in this zone, this process is not
required.
37.1.3.
Site Plan Approval
a. New or expansions to existing multiple unit residential Developments or Seniors
Residential Complexes, provided the total number of Dwelling Units does not
exceed four, and is subject to Residential Multiple Unit (R3) Zone Lot, Yard, Height,
and Open Space Requirements, subject to Policy IM-23, only in cases where an
application for a dwelling of three (3) four (4) units does not meet the R3 Zone
requirements;
b. Commercial and/or residential Uses on Lots in the Highway Commercial
designation on the GFLUM subject to Policy IM-23.
c. If the use is listed as a permitted as of right use in this zone, this process is not
required.
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 6: Residential Zones
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37.2.
Standard Requirements
37.2.1.
Lot, Yard, and Height
Table 12 - Residential Multiple Unit (R3) Zone Requirements
Minimum Lot Area
Multiple Unit Dwellings
836 m2 (9,000 ft²) plus
139 m2 (1,500 ft²) for each
unit in addition to 3
Townhouses
280 m2 (3,000 ft²)/unit
Minimum Lot Frontage
Multiple Unit Dwellings
27.4 m (90 ft)
Townhouses
7.6 m (25 ft)/unit
Minimum Front Yard
6.1 m (20 ft)
Minimum Rear Yard
6.1 m (20 ft)
Minimum Side Yard
Multiple Unit Dwellings
6.1 m (20 ft)
Townhouses (common wall)
nil
Townhouses (outside wall)
3 m (10 ft)
Minimum Side Yard
Flankage
4.6 m (15 ft)
Maximum Height
Multiple Unit Dwellings
10.7 m (35 ft)
Townhouses
10.7 m (35 ft)
37.2.2.
Main Buildings over 7.6 metres (25 feet) in Height
a. Table 13 Minimum Side Yard requirements; or
b. a Side Yard Setback equal to or greater than half the Main Building Height.
37.2.3.
Conformance with Existing Setbacks
Notwithstanding other provision herein, minimum Front and, where applicable,
Flankage Yard Setbacks from a public Right-of-way shall be:
a. uniform to adjacent Structures; or
b. subject to Zone Setback requirements in Table 13.
37.2.4.
Garden Plots
Public or private lands may be used for flower or vegetable gardens as a main or
Accessory Use. Such Use requires written consent of the applicable public owner.
Forestry Use, intensive agricultural Use, keeping of livestock, deer Fences, flagging,
chairs and like items, shall be prohibited.
37.3.
Additional Requirements
37.3.1.
Recreation Space
Table 13 - Residential Multiple Unit (R3) Recreation Space Requirements
One Bedroom or Bachelor Unit
18.6 m2 (200 ft²)/unit
Two Bedroom Unit
53.4 m2 (575 ft²)/unit
Three Bedrooms or More
88.3 m2 (950 ft²)/unit
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 6: Residential Zones
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37.3.2.
Buffering
Parking and/or Loading Spaces, including driveways and access, shall be prohibited in
the required Yards except where a Fence, Berm, or Landscaping forms an opaque visual
buffer a minimum of 1.8 metres (6 feet) in height and 1.8 metres (6 feet) in depth.
37.3.3.
Abutting Yard
Notwithstanding Table 14, where an Existing Multiple Residential Dwelling abuts a
single detached, semi-detached or Duplex Dwelling:
a. the Abutting Yard shall have a 6.1 metre (20 foot) minimum;
b. Parking Space or Outdoor Storage shall be prohibited within the Abutting Yard;
c. driveways and access to Parking and Outdoor Storage shall be permitted in the
Abutting Yard; and
d. there shall be no expansion of existing Structures, storage, or parking Uses
encroaching on an Abutting Yard.
37.3.4.
Parking for Existing Multiple Residential Dwellings
a. Parking Areas for existing Multiple Residential Dwellings shall only be permitted in
the required Rear and Side Yards of the Lot and shall be otherwise compliant with
this By-Law.
b. Parking Areas shall be provided in accordance with the requirements and
standards as outlined in section 22 of this By-Law.
37.3.5.
Existing Mobile Home Dwellings
Notwithstanding other provision herein, Existing Mobile Home Dwellings may be
replaced, but no additional mobile Dwellings shall be allowed.
37.3.6.
Boarders and Lodgers
In addition to residential Use requirements, three leased rooms in a Dwelling Unit shall
be permitted provided there is one available Parking Space per room located in the Side
or Rear Yards.
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 6: Residential Zones
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38.
Rural Residential (RR) Development
38.1.
Permitted Uses
38.1.1.
As-of-Right
a. Residential Uses
i.
Single Detached Dwellings
ii.
Two Unit Dwellings
iii.
Bed and Breakfast establishments with a maximum of four rooms to let
(subject to section 28)
iv.
Boarding Houses with a maximum of three rooms to let
v.
Special Care Facilities or Group Care Facility Dwellings (to a maximum of ten
residents with Accessory residential Uses, limited to one Dwelling Unit in the
Main Building)
vi.
any Accessory Structures and/or Uses
vii.
Residential Tiny Homes (R6) Zone (Pictou Only - Existing Undersized Lots)
b. Non-Residential Uses
i.
Home Occupations
ii.
Animal hospitals, Animal care, Clinics and shelters, agricultural Uses
iii.
Recreation (P) Zone Uses subject to Recreation (P) Zone requirements
iv.
forestry Uses
v.
Kennels and stables
vi.
any Accessory Structures and/or Uses
38.1.2.
Development Agreement
a. multiple unit residential Dwellings subject to Policy RD-9, in cases where there are
five (5) or more units proposed;
b. innovative housing and site design Developments subject to Policy RD-11
38.1.3.
Site Plan Approval
a. New or expansions to existing multiple unit residential Developments or Seniors
Residential Complexes, provided the total number of Dwelling Units does not
exceed four, and is subject to Residential Multiple Unit (R3) Zone Lot, Yard, Height,
and Open Space Requirements, subject to Policy IM-23
b. Commercial and/or residential Uses on Lots in the Highway Commercial
designation on the GFLUM, subject to Policy IM-23
c. Multiple Unit Residential Dwellings, subject to Policy IM-23
d. Seniors Residential Complexes, subject to Policy IM-23
e. innovative housing and site design Developments, subject to IPS Policy RD-11
f.
If the use is listed as an as of right permitted use in this zone, this process is not
required.
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 6: Residential Zones
73 | P a g e
38.2.
Standard Requirements
38.2.1.
Lot, Yard and Height
Table 14 - Rural Residential (RR) Zone Requirements
Minimum Lot Area
3716 m2 (40,000 ft²)
Minimum Lot Frontage
61 m (200 ft)
Minimum Front Yard
9.1 m (30 ft)
Minimum Rear Yard
9.1 m (30 ft)
Minimum Side Yard
3 m (10 ft)
Minimum Side Yard (flankage)
4.6 m (15 ft)
Maximum Height
10.7 m (35 ft)
Table 15A - Rural (RR) Zone Requirements (with central water and sanitary sewer)
Minimum Lot Area
929 m2 (10,000 ft²)
Minimum Lot Frontage
30.5 m (100 ft)
Minimum Front Yard
9.1 m (30 ft)
Minimum Rear Yard
9.1 m (30 ft)
Minimum Side Yard
3 m (10 ft)
Minimum Side Yard (flankage)
4.6 m (15 ft)
Maximum Height
10.7 m (35 ft)
38.2.2.
Garden Plots
Public or private lands may be used for flower or vegetable gardens as a main or
Accessory Use. Such Use requires written consent of the applicable public owner.
Forestry Use, intensive agricultural Use, keeping of livestock, deer Fences, flagging,
chairs and like items, shall be prohibited.
38.3.
Additional Requirements
38.3.1.
Flag Lots: Lot, Yard and Height
Table 15 - Rural Residential (RR) Zone Requirements (for Flag Lots)
Minimum Lot Area
3995 m2 (43,000 ft²)
Minimum Lot Frontage
9.1 m (30 ft)
Minimum Front Yard
6.1 m (20 ft)
Minimum Rear Yard
6.1 m (20 ft)
Minimum Side Yard
1.8 m (6 ft)
Maximum Height
10.7 m (35 ft)
38.3.2.
Main Buildings over 7.6 metres (25 feet) in Height
a. Table 15, 15A or 16, as applicable, Minimum Side Yard requirements; and
b. a Side Yard Setback equal to or greater than half the Main Building Height.
38.3.3.
Conformance with Existing Setbacks
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 6: Residential Zones
74 | P a g e
Notwithstanding other provision herein, minimum Front and, where applicable,
Flankage Yard Setbacks from a public Right-of-way shall be:
a. uniform to adjacent Structures; and
b. subject to Zone Setback requirements in Table 15, 15A or 16, as applicable.
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 6: Residential Zones
75 | P a g e
39.
Residential Mini Home Park (R5) Zone
39.1.
Permitted Uses
39.1.1.
As-of-Right
a. Residential Uses
i.
Existing Mobile Home Dwellings
ii.
Existing Mobile Home Park
iii.
Mini-Home Dwellings (Subject to Residential Single Unit (R2) Zone
Requirements), and may include a tiny home dwelling
iv.
Mini Home Park
v.
Residential Single Unit (R1) Zone Uses subject to Residential Single Unit (R1)
Zone requirements
vi.
Residential Two Unit (R2) Zone Uses subject to Residential Two Unit (R2)
Zone requirements
vii.
Residential Multiple Unit (R3) Zone Uses subject to Residential Multiple Unit
(R3) Zone requirements
viii.
Rural Residential (RR) Zone Uses subject to Rural Residential (RR) Zone
requirements
b. Non-Residential Uses
i.
Recreation (P) Zone Uses subject to Recreation (P) Zone requirements
ii.
Mini Home Park Office
iii.
Mini Home sales Structure
iv.
Home Occupations
39.1.2.
Development Agreement
a. multiple unit residential Dwellings subject to Policy RD-9
b. Seniors Residential Complexes subject to Policy RD-9
c. innovative housing and site design Developments subject to Policy RD-11
d. If the use is listed as a permitted as of right use in this zone, this process is not
required.
39.1.3.
Site Plan Approval
a. New or expansions to existing multiple unit residential Developments or Seniors
Residential Complexes, provided the total number of Dwelling Units does not
exceed four, and is subject to Residential Multiple Unit (R3) Zone Lot, Yard, Height,
and Open Space Requirements, subject to Policy IM-23.
b. Commercial and/or residential Uses on Lots in the Highway Commercial
designation on the GFLUM subject to Policy IM-23.
i.
Multiple Unit Residential Dwellings, subject to Policy IM-23
ii.
Seniors Residential Complexes, subject to Policy IM-23
iii.
innovative housing and site design Developments, subject to Policy RD-11
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 6: Residential Zones
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c. If the use is listed as a permitted as of right use in this zone, this process is not
required.
39.2.
Standard Requirements
39.2.1.
Lot, Yard and Height
Table 16 - Residential Mini Home Park (R5) Zone Requirements
Minimum Lot Area
4047 m2 (1 acre)
Minimum Park Frontage
36.6 m (120 ft)
39.2.2.
Permitted Location of Mobile Homes
A Mobile Home shall only be permitted within a Mini Home Park.
39.2.3.
Garden Plots
Public or private lands may be used for flower or vegetable gardens as a main or
Accessory Use. Such Use requires written consent of the applicable public owner.
Forestry Use, intensive agricultural Use, keeping of livestock, deer Fences, flagging,
chairs and like items, shall be prohibited.
39.3.
Additional Requirements
39.3.1.
Building Requirements
In addition to all Lot, Yard, height and all Zone requirements, Mini Homes in Rural
Residential (RR) Zones are subject to additional Building requirements as follows:
a. fixed foundation with undercarriage not visible, NBCC compliant;
b. orientation is parallel to Lot Frontage; and
c. compliance with section 5.48 of Part 2 of this By-Law.
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 6: Residential Zones
77 | P a g e
40.
Residential Tiny Homes (R6) Zone
40.1.
Permitted Uses
40.1.1.
As-of-Right
a. Residential Uses
i.
Existing Mobile Home Dwellings
ii.
Existing Mobile Home Park
iii.
Mini-Home Dwellings (Subject to Residential Single Unit (R2) Zone
Requirements)
iv.
Mini Home Park
v.
Residential Single Unit (R1) Zone Uses subject to Residential Single Unit (R1)
Zone requirements
vi.
Residential Two Unit (R2) Zone Uses subject to Residential Two Unit (R2)
Zone requirements
vii.
Residential Multiple Unit (R3) Zone Uses subject to Residential Multiple Unit
(R3) Zone requirements
viii.
Rural Residential (RR) Zone Uses subject to Rural Residential (RR) Zone
requirements
ix.
"Tiny Homes", which are single dwelling unit buildings that may or may not
contain a Main Wall width of six (6) metres or less
b. Non-Residential Uses
i.
Recreation (P) Zone Uses subject to Recreation (P) Zone requirements
ii.
Mini Home Park Office
iii.
Mini Home sales Structure
iv.
Home Occupations
40.1.2.
Development Agreement
a. multiple unit residential Dwellings subject to Policy RD-9, unless listed as a
permitted, as of right use, or when there are five (5) or more units proposed;
b. Seniors Residential Complexes subject to Policy RD-9, unless listed as a permitted,
as of right use;
c. innovative housing and site design Developments subject to Policy RD-11, unless
listed as a permitted, as of right use.
40.1.3.
Site Plan Approval
a. New or expansions to existing multiple unit residential Developments or Seniors
Residential Complexes, provided the total number of Dwelling Units does not
exceed four (4), and is subject to Residential Multiple Unit (R3) Zone Lot, Yard,
Height, and Open Space Requirements, subject to Policy IM-23.
b. Commercial and/or residential Uses on Lots in the Highway Commercial
designation on the GFLUM subject to Policy IM-23.
i.
Multiple Unit Residential Dwellings Policy IM-23
ii.
Seniors Residential Complexes Policy IM-23
iii.
innovative housing and site design Developments subject to Policy RD-11.
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 6: Residential Zones
78 | P a g e
c. If the use is listed as a permitted as of right use in this zone, this process is not
required.
40.2.
Standard Requirements
40.2.1.
Lot, Yard and Height
Table 17-A - Residential Tiny Home (R6) Zone Requirements
Minimum Lot Area
Single Detached/Converted
464.5 m2 (5,000 ft²)
Semi-Detached
280 m2
(3,000 ft²)/unit
Duplex
560 m2 (6,000 ft²)
Tiny Home
280 m2 (3,000 ft2)
Minimum Lot Frontage
Single Detached/Converted
15.24 m (50 ft)
Semi-Detached
9.1 m (30 ft)
Duplex
18.3 m (60 ft)
Tiny Home
9.1 m (30 ft)
Minimum Front Yard
6.1 m (20 ft)
Minimum Rear Yard
6.1 m (20 ft)
Minimum Side Yard
Single Detached/Converted
1.2 m (4 ft)/
2.4 m (8 ft)
Semi-Detached (common wall)
nil
Semi-Detached (outside wall)
1.8 m (6 ft)
Duplex
1.8 m (6 ft)
Tiny Home
1.8 m (6 ft)
Minimum Side Yard
Flankage
4.6 m (15 ft)
Maximum Height
10.7 m (35 ft)
Table 17-B - Residential Tiny Home (R6) Zone Requirements (with central water and no sanitary
sewer)
Minimum Lot Area
3716 m2 (40,000 ft²)
Minimum Lot Frontage
61 m (200 ft)
Minimum Front Yard
9.1 m (30 ft)
Minimum Rear Yard
9.1 m (30 ft)
Minimum Side Yard
3 m (10 ft)
Minimum Side Yard (flankage)
4.6 m (15 ft)
Maximum Height
10.7 m (35 ft)
40.2.2.
Garden Plots
Public or private lands may be used for flower or vegetable gardens as a main or
Accessory Use. Such Use requires written consent of the applicable public owner.
Forestry Use, intensive agricultural Use, keeping of livestock, deer Fences, flagging,
chairs and like items, shall be prohibited.
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 6: Residential Zones
79 | P a g e
40.3.
Additional Requirements
40.3.1.
Building Requirements
In addition to all Lot, Yard, height and all Zone requirements, Mini Homes in Rural
Residential (RR) Zones are subject to additional Building requirements as follows:
a. compliance with the NBCC
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 7: Commercial (C) Zones
81 | P a g e
Part 7: Commercial Zones
41.
Downtown Core (C1) Zone
41.1.
Permitted Uses
41.1.1.
As-of-Right
a. General Retail Uses
i.
All Age Teen Clubs
ii.
Animal grooming
iii.
art gallery/Studio
iv.
bakery/bake shop
v.
banks and Financial Institutions
vi.
Bed and Breakfast establishments
vii.
Boarding Houses
viii.
Cafes
ix.
Clinics
x.
Commercial Clubs
xi.
Commercial Schools
xii.
Commercial Recreation Uses
xiii.
convention centre
xiv.
Convenience Store
xv.
cultural Uses
xvi.
Day Care
xvii.
Day Care (residential)
xviii.
department stores
xix.
dressmaking/tailoring
xx.
drugstore/pharmacy
xxi.
dry cleaners
xxii.
Dry Cleaning Depots
xxiii.
existing Automobile Service Stations
xxiv.
existing Automobile and marine Sales and Rental Establishments
xxv.
existing Licensed Liquor Establishments
xxvi.
florist
xxvii.
funeral parlours
xxviii.
grocery store
xxix.
hardware store
xxx.
home improvement store
xxxi.
Hotels and Motels
xxxii.
Laundromat
xxxiii.
Licensed Liquor Establishments (except for "Cabaret licenses", per the
Liquor Control Act R.S., c. 260 and Adult Cabarets, Adult Entertainment and
Massage Parlour Uses)
xxxiv.
liquor stores
xxxv.
Office supply and equipment sales/service
xxxvi.
Personal Service establishments
xxxvii.
Pet Grooming establishment
xxxviii.
photography Studios
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 7: Commercial (C) Zones
82 | P a g e
xxxix.
postal or courier service
xl.
printing establishments
xli.
Private Clubs
xlii.
Recreation Facilities
xliii.
Restaurants and associated outdoor Cafes and eating areas
xliv.
Retail garden centre
xlv.
Service and Repair Shops (excluding automotive and small engine repair)
xlvi.
theatres and cinemas
xlvii.
Video Outlet stores
b. Other Commercial Uses
i.
Bed and Breakfast establishments
ii.
Boarding Houses
iii.
bus terminal
iv.
clinics
v.
Commercial Schools
vi.
Commercial Recreation Uses
vii.
Day Care
viii.
Day Care (Residential)
ix.
health service Office
x.
Offices
xi.
parking Lots and parking Structures
xii.
Recycling Centres
xiii.
taxi stands
xiv.
tourist information services and centres
c. Non-Commercial Uses
i.
Existing Multiple Residential Dwellings
ii.
Existing Residential Two Unit (R2) Zone Uses subject to the requirements of
that Zone
iii.
Recreation (P) Zone Uses subject to the requirements of that Zone
iv.
Institutional Zone Uses (excepting group homes as halfway houses in Pictou)
subject to the requirements of that Zone
v.
Residential Uses in Commercial Buildings
41.1.2.
Development Agreement
a. Multiple Unit Residential Dwellings (without Commercial Uses subject to Policy CD-
22)
b. Light Industrial Uses associated with Commercial Developments (subject to Policy
CD-4)
c. Multiple Unit Residential Dwellings (without Commercial Uses subject to Policy CD-
22)
d. Multiple Unit Residential Dwellings (with Commercial Uses subject to Policy CD-
21)
e. If the use is listed as a permitted as of right use in this zone, this process is not
required.
41.2.
Standard Requirements
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 7: Commercial (C) Zones
83 | P a g e
41.2.1.
Lot, Yard and Height
Table 17 - Downtown Core (C1) Zone Requirements
Minimum Lot Area
279 m2 (3,000 ft²)
Minimum Lot Frontage
9.1 m (30 ft)
Minimum Front Yard
Nil
Minimum Rear Yard
1.2 m (4 ft)
Minimum Side Yard
Nil
Minimum Side Yard (Flankage)
Nil
41.2.2.
Setback
In addition to Table 18 requirements, Front and, where applicable, Flankage Yard
Setbacks shall:
a. match that of immediately adjacent Buildings within the block face, where possible;
or
b. match that of the Building sited closest to the front or flanking Lot line where
immediately adjacent Buildings have different Setbacks, where possible; or
c. have a minimum Setback of 1.5 metres (5 feet).
41.2.3.
Garden Plots
Public or private lands may be used for flower or vegetable gardens, as a main or
Accessory Use. Such Use requires written consent of the applicable public owner.
Forestry Use, intensive agricultural Use, keeping of livestock, deer Fences, flagging,
chairs and like items shall be prohibited.
41.2.4.
Abutting Residential Zones
Notwithstanding Table 18, where the Side Yard or Rear Yard of a property in the
Downtown Core (C1) Zone abuts a residential Zone, then the Minimum Side or Rear
Yard, as applicable, shall be the greater of 6 metres (20 feet) or ½ the height of the Main
Wall of the Building.
41.2.5.
Change of Use
An existing Structure change of Use shall be exempt from additional parking
requirements, except where there is an increase in Gross Floor Area, in which case
additional parking or cash-in-lieu shall be required.
41.2.6.
Outdoor Loading and Display
The Outdoor Loading or display of goods shall be permitted in any Yard, sidewalk or
public Right-of-way directly fronting the subject business, temporarily or concurrent to
Special Events, sidewalk sales, or festivals, provided that a pedestrian passageway with
minimum width of 1.2 metres (4 feet) is maintained over any public Right-of-way, and
does not include outdoor Cafes and eating areas, such eating areas which shall be
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 7: Commercial (C) Zones
84 | P a g e
permitted on public property with consent of the appropriate authority, provided a
minimum width requirement outlined by the Traffic Authority or Town Engineer for
pedestrian passageways are met.
41.2.7.
Corner Vision Triangle
Unless otherwise provided, Structures exceeding 0.6 metres shall be permitted within
the Corner Vision Triangle.
41.2.8.
Front Façade
All Buildings in the Zone must contain a front Building façade comprising a doorway,
window, or both.
41.3.
Additional Requirements
41.3.1.
Off Street Parking
Off street parking shall only be permitted in the Side and/or Rear Yards and shall have
a minimum Setback of 6 metres (20 feet) from the front Lot line.
41.3.2.
Commercial Parking Lots and Structures
Frontage parking Lots and parking Structures must be accessory to a permitted Use and
situate on the same property as that Use.
41.3.3.
Residential Uses
a. Residential Uses shall be permitted on the upper and ground floors of Buildings,
but no residential Use shall occupy the first 9.1m (30 feet) of the ground level or
less of depth of a Building fronting on those Streets indicated in Schedule G.
b. Other residential Uses may be permitted through Development Agreement as
outlined in this By-Law.
41.3.4.
Parking
Parking requirements shall be waived for new Commercial Developments or changes in
Commercial Use.
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 7: Commercial (C) Zones
85 | P a g e
42.
Neighbourhood Commercial (C2) Zone
42.1.
Permitted Uses
42.1.1.
As-of-Right
a. Commercial Uses
i.
Clinics and medical Offices
ii.
Convenience Stores
iii.
Personal Service establishments
iv.
Offices
v.
postal outlets
vi.
professional Offices
vii.
Service and Repair Shops (excluding automotive and small engine repair)
viii.
Rental Shops
ix.
variety stores
b. Non-Commercial Uses
i.
residential Uses in Commercial Buildings to a maximum of two units
ii.
any Use permitted in the Residential Two Unit (R2) Zone subject to Zone
requirements
42.1.2.
Development Agreement
a. multiple unit residential Dwellings (with or without Commercial Uses subject to
Policy CD-22)
b. Seniors Residential Complexes (with or without Commercial Uses subject to Policy
CD-22)
c. If the use is listed as a permitted as of right use in this zone, this process is not
required.
42.1.3.
Site Plan Approval
Applications for new, and expansions to Commercial, Industrial, Institutional (I),
Recreation (P) and mixed Uses in the Neighbourhood Commercial (C2) Zone, Highway
Commercial (C3) Zone, Commercial Business Park (C4) Zone, Light Industry (M1) Zone,
and Provincial Resource (M2) will be accepted, provided:
a. such Use(s) are listed as permitted Uses in the applicable Zone; and
b. the proposal includes provisions for parking, off-street loading, and/or new
Development or expansions.
c. If the use is listed as a permitted as of right use in this zone, this process is not
required.
The above shall be subject to Policies IM-23 through IM-30.
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 7: Commercial (C) Zones
86 | P a g e
42.2.
Standard Requirements
42.2.1.
Lot, Yard and Height
Table 18 - Neighbourhood Commercial (C2) Zone Requirements
Minimum Lot Area
212 m2 (7,500 ft²)
Minimum Lot Frontage
22.9 m (75 ft)
Minimum Front Yard
6.1 m (20 ft)
Minimum Rear Yard
6.1 m (20 ft)
Minimum Side Yard
4.6 m (15 ft)
Minimum Side Yard (Flankage)
4.6 m (15 ft)
Maximum Building Floor Area
42 m2 (1,500 ft²)
42.2.2.
Municipal Services
Development Permits shall be issued only where municipal water and sewer servicing
is available.
42.2.3.
Garden Plots
Public or private lands may be used for flower or vegetable gardens as a main or
Accessory Use. Such Use requires written consent of the applicable public owner.
Forestry Use, intensive agricultural Use, keeping of livestock, deer Fences, flagging,
chairs and like items shall be prohibited.
42.3.
Additional Requirements
42.3.1.
Buffering
Parking and/or Loading Spaces, including driveways and access, shall be prohibited in
the required Yards except where a Fence, Berm, or Landscaping forms an opaque visual
buffer a minimum of 1.8 metres (6 feet) in height and 1.8 metres (6 feet) in depth.
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 7: Commercial (C) Zones
87 | P a g e
43.
Highway Commercial (C3) Zone
43.1.
Permitted Uses
43.1.1.
As-of-Right
a. Commercial Uses
i.
All Age Teen Clubs
ii.
Animal grooming
iii.
assembly Uses
iv.
auto body shops
v.
Automobile Rental Establishments
vi.
Automobile Sales Establishments
vii.
Automobile Service Stations
viii.
Banking facilities (Drive-through)
ix.
Bed & Breakfast establishments
x.
Boarding Houses
xi.
Bulk Storage Facilities
xii.
bus station
xiii.
Cafes
xiv.
carpentry shops
xv.
Clinics and medical Offices
xvi.
Commercial Clubs
xvii.
Commercial Recreational Uses
xviii.
Commercial Schools
xix.
Commercial Uses utilizing Heavy Equipment and/or heavy vehicles
xx.
Convenience Stores
xxi.
convention centre
xxii.
cultural Uses
xxiii.
Custom Workshops
xxiv.
Day Care
xxv.
Day Care (Residential)
xxvi.
department stores
xxvii.
Downtown Core (C1) Zone Uses
xxviii.
dry cleaning
xxix.
dressmaking, tailoring
xxx.
existing banks and Financial Institutions (limited to existing Floor Area)
xxxi.
Finance Companies
xxxii.
funeral parlours
xxxiii.
garden markets
xxxiv.
general Retail
xxxv.
Hotels
xxxvi.
laundromats
xxxvii.
Licensed Liquor Establishments (except for "Cabaret licenses" per the Liquor
Control Act. R.S., c. 260 and Adult Cabarets, Adult Entertainment and Massage
Parlour Uses)
xxxviii.
Motels
xxxix.
Offices
xl.
Parking Lots and Parking Structures
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 7: Commercial (C) Zones
88 | P a g e
xli.
Personal Service establishments
xlii.
pharmacies
xliii.
photography Studios
xliv.
postal services
xlv.
printing establishments
xlvi.
Private Clubs
xlvii.
Restaurants and associated outdoor Cafes and eating areas
xlviii.
Rental Shops
xlix.
Retail Uses
l.
Service and Repair Shops (including cars, trucks, boats, etc.)
li.
small engine and equipment repair
lii.
supermarkets and grocery stores
liii.
taxi stands
liv.
theatres and cinemas
lv.
tourist information centres
lvi.
variety stores
lvii.
Video Outlet stores
lviii.
wholesale Uses
b. Non-Commercial Uses
i.
existing residential Uses subject to Residential Two Unit (R2) Zone
requirements
ii.
Industrial Services
iii.
Institutional (I) Zone Uses subject to the requirements of the Institutional (I)
Zone
iv.
Recreation Facilities and Uses
v.
Recreation (P) Zone Uses subject to the requirements of the Recreation (P)
Zone
vi.
Recycling Centre
vii.
Repair Shops
viii.
residential Uses in Commercial Buildings
ix.
warehousing, storage (Trenton and Stellarton), and distribution (but shall
not include any Recycling Depot, recycling operation, waste management
operation, or other similar Use)
x.
the existing Big 8 Beverages Bottling Plant located at 120 North Foord Street
xi.
the existing Nova Scotia Power storage Yard and Offices
xii.
the former Nova Scotia Department of Mines Building (NSTIR)
43.1.2.
Development Agreement
a. multiple unit residential Dwellings (without Commercial Uses subject to Policy CD-
22)
b. Seniors Residential Complexes (without Commercial Uses subject to Policy CD-22);
c. Storage uses in the Town of Pictou;
d. If the use is listed as a permitted as of right use in this zone, this process is not
required.
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 7: Commercial (C) Zones
89 | P a g e
43.1.3.
Site Plan Approval
Applications for new, and expansions to Commercial, Industrial, Institutional (I),
Recreation (P) and mixed Uses in the Neighbourhood Commercial (C2) Zone, Highway
Commercial (C3) Zone, Commercial Business Park (C4) Zone, Light Industry (M1) Zone,
Provincial Resource (M2), Zone not listed as permitted uses in this zone, will be
accepted, provided:
a. such Use(s) are listed as permitted Uses in the applicable Zone; and
b. the proposal includes provisions for parking, off-street loading, landscaping and
access provisions (if applicable), and/or new Development or expansions.
c. If the use is listed as a permitted as of right use in this zone, this process is not
required.
The above shall be subject to Policy(s) IM-23 through IM-30.
43.2.
Standard Requirements
43.2.1.
Lot, Yard and Height
Table 19 - Highway Commercial (C3) Zone Requirements
Minimum Lot Area
929 m2 (10,000 ft²)
Minimum Lot Frontage
22.9 m (75 ft)
Minimum Front Yard
6.1 m (20 ft)
Minimum Rear Yard
6.1 m (20 ft)
Minimum Side Yard
4.6 m (15 ft)
Minimum Side Yard (Flankage)
6.1 m (20 ft)
Notwithstanding Table 21, lots created in the Highway Commercial (C3) Zone within
the Town of Pictou may be approved subject to requirements as follows:
a. Lots without frontage shall be permitted provided sufficient parking in the
designation and easement agreements to ensure unimpeded access, right of shared
parking and passage; and
b. Minimum Parking Spaces required per section 22 may be calculated cumulatively,
provided 43.3.6 (a) (ii) compliance.
43.2.2.
Flag Lots: Lot, Yard and Height
Table 20 - Highway Commercial (C3) Zone Requirements (for Flag Lots)
Minimum Lot Area
929 m2 (10,000 ft²)
Minimum Lot Frontage
9.1 m (30 ft)
Minimum Front Yard
6.1 m (20 ft)
Minimum Rear Yard
6.1 m (20 ft)
Minimum Side Yard
1.8 m (15 ft)
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 7: Commercial (C) Zones
90 | P a g e
43.3.
Additional Requirements
43.3.1.
Abutting Yard
Notwithstanding Table 21 or 22, as applicable, where a Yard abuts any Residential,
Institutional, or Recreation Zone, the following restrictions shall apply to the Subject
Lot:
a. 9.1 metres (30 feet) minimum or 6.1 metres (20 feet) where a Fence, Berm, or
Landscaping forms an opaque visual buffer a minimum 1.8 metres (6 feet) in height;
b. Parking and Loading Spaces shall be prohibited within the Abutting Yard;
c. driveways and access to Parking and Loading Spaces shall be permitted in the
required Abutting Yard; and
d. any required Abutting Yard, excepting Driveways or access to Parking and Loading
Spaces, shall be Landscaped Open Space.
43.3.2.
Outdoor Loading and Display
a. Outdoor Loading or Display to a maximum of 25% Lot Coverage shall be permitted
within the Rear or Side Yards, excepting Motor Vehicle, watercraft, recreational
vehicles, and like products that are permitted in Rear, Side and Front Yards with no
Lot Coverage, and shall be Fenced or otherwise Screened to buffer adjacent
properties.
b. No Outdoor Loading or Display of any kind shall be permitted in a required Abutting
Yard.
43.3.3.
Driveways
Driveways on the same property shall be spaced a minimum of 15.2 metres (50 feet)
apart.
43.3.4.
Service Stations
Service Stations shall be subject to the following:
a. pump islands shall be a minimum of 6.1 metres (20 feet) from any Street Right-of-
way;
b. any pump island canopy or cover shall be a minimum height of 4.3 metres (14 feet);
and
c. any pump island canopy or cover shall be a minimum of 3 metres (10 feet) from
any Street Right-of-way.
43.3.5.
Landscaping - Street Frontages
a. Highway Commercial or Shopping Centre Commercial Use Development shall have
a grassed buffer (minimum 2 metres (6 feet) wide) of coniferous or deciduous trees
(minimum 1.2 metres (4 feet) wide and maximum 3.7 metres (12 feet) high), or of
shrubs (minimum 0.6 metres (2 feet) wide and maximum 3.7 metres (12 feet) high),
planted with an average maximum spacing of 5 metres (16.4 feet), along the Street
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 7: Commercial (C) Zones
91 | P a g e
frontage on the property to be Developed, and such buffer may be interrupted by
driveways and accesses. The Corner Vision Triangle must be maintained, and the
buffer shall be in addition to area within the Street Right-of-way.
b. The required trees shall have maximum growth capacity of 3.7 metres (12 feet) and
shall be well-maintained.
c. Buffer and Screening requirements shall not apply to expansions in Gross
Commercial Floor Area to a maximum of 25% for existing Commercial Uses.
d. Garbage containers, recycling bins and garbage compactors shall be enclosed by a
2 metre (6 foot) high opaque Fence to buffer public Streets and adjacent properties.
43.3.6.
Garden Plots
Public or private lands may be used for flower or vegetable gardens as a main or
Accessory Use. Such Use requires written consent of the applicable public owner.
Forestry Use, intensive agricultural Use, keeping of livestock, deer Fences, flagging,
chairs and like items shall be prohibited.
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 7: Commercial (C) Zones
92 | P a g e
44.
Commercial Business Park (C4) Zones
44.1.
Permitted Uses
44.1.1.
As-of-Right
a. Commercial Uses
i.
All Age Teen Clubs
ii.
Animal grooming
iii.
assembly Uses
iv.
auto body shops
v.
Automobile Rental Establishments
vi.
Automobile Sales Establishments
vii.
Automobile Service Stations
viii.
Banking facilities (Drive-through)
ix.
Bulk Storage Facilities
x.
bus stations
xi.
Cafes
xii.
Clinics and medical Offices
xiii.
Commercial Clubs
xiv.
Commercial Recreational Uses
xv.
Commercial Schools
xvi.
Commercial Uses for Heavy Equipment and/or heavy vehicles
xvii.
Convenience Stores
xviii.
convention centre
xix.
cultural Uses
xx.
Custom Workshops
xxi.
Daycare Residential
xxii.
department stores
xxiii.
Downtown Core (C1) and Downtown Commercial (C1) Zone Uses
xxiv.
dry cleaning
xxv.
dressmaking, tailoring
xxvi.
existing banks and Financial Institutions (limited to existing Floor Area)
xxvii.
Finance Companies
xxviii.
funeral parlours
xxix.
garden markets
xxx.
general Retail
xxxi.
Hotels
xxxii.
laundromats
xxxiii.
Licensed Liquor Establishments (except for "Cabaret licenses", per the
Liquor Control Act. R.S., c. 260 and Adult Cabarets, Adult Entertainment and
Massage Parlour Uses)
xxxiv.
Motels
xxxv.
Offices
xxxvi.
Personal Services
xxxvii.
pharmacies
xxxviii.
photography Studios
xxxix.
postal services
xl.
printing establishments
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 7: Commercial (C) Zones
93 | P a g e
xli.
Private Clubs
xlii.
Restaurants and associated outdoor Cafes and eating areas
xliii.
Rental Shops
xliv.
Retail Uses
xlv.
Small engine and equipment repair
xlvi.
supermarkets and grocery stores
xlvii.
taxi stands
xlviii.
theatres and cinemas
xlix.
tourist information centres
l.
variety stores
li.
Video Outlet stores
lii.
wholesale Uses
b. Non-Commercial Uses
i.
existing residential Uses subject to the requirements of the Residential Two
Unit (R2) Zone
ii.
Industrial Services
iii.
Institutional (I) Zone Uses subject to the requirements of the Institutional (I)
Zone
iv.
Recreation Facilities
v.
Recreation (P) Zone Uses subject to the requirements of the Recreation (P)
Zone
vi.
Recycling Depot
vii.
Recycling Centre
viii.
residential Uses in Commercial Buildings
ix.
warehousing, storage, and distribution, waste management operation, or
other similar Use
44.1.2.
Development Agreement
a. multiple unit residential Dwellings (without Commercial Uses subject to Policy CD-
22)
b. Seniors Residential Complexes (without Commercial Uses subject to Policy CD-22)
c. If the use is listed as a permitted as of right use in this zone, this process is not
required.
44.1.3.
Site Plan Approval
Applications for new, and expansions to Commercial, Industrial, Institutional (I),
Recreation (P) and mixed Uses in the Neighbourhood Commercial (C2) Zone, Highway
Commercial (C3) Zone, Commercial Business Park (C4) Zone, Light Industry (M1) Zone,
and Provincial Resource (M2) not listed as permitted uses in this zone, will be accepted,
provided:
a. such Use(s) are listed as permitted Uses in the applicable Zone; and
b. the proposal includes provisions for parking, off-street loading, landscaping and
access provisions (if applicable), and/or new Development or expansions.\
c. If the use is listed as a permitted as of right use in this zone, this process is not
required.
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 7: Commercial (C) Zones
94 | P a g e
The above shall be subject to Policy(s) IM-23 through IM-30.
44.2.
Standard Requirements
44.2.1.
Lot, Yard and Height
Table 21 - Commercial Business Park (C4) Zone Requirements
Minimum Lot Area
929 m2 (10,000 ft²)
Minimum Lot Frontage
22.9 m (75 ft)
Minimum Front Yard
6.1 m (20 ft)
Minimum Rear Yard
6.1 m (20 ft)
Minimum Side Yard
4.6 m (15 ft)
Minimum Side Yard (Flankage)
6.1 m (20 ft)
Notwithstanding Table 23, lots created in the Commercial Business Park (C4) Zone
within the Town of Pictou may be approved subject to requirements as follows:
a. Lots without frontage shall be permitted provided sufficient parking in the
designation and easement agreements to ensure unimpeded access, right of shared
parking and passage.
b. Minimum Parking Spaces required per section 22 may be calculated cumulatively,
provided 43.3.6 (a) (ii) compliance.
44.2.2.
Garden Plots
Public or private lands may be used for flower or vegetable gardens as a main or
Accessory Use. Such Use requires written consent of the applicable public owner.
Forestry Use, intensive agricultural Use, keeping of livestock, deer Fences, flagging,
chairs and like items shall be prohibited.
44.3.
Additional Requirements
44.3.1.
Abutting Yard
Notwithstanding Table 23, where a Yard on a Lot abuts any Residential, Institutional (I),
or Recreation (P) Zone:
a. the Abutting Yard shall be a minimum of 9.1 metres (30 feet) or 6.1 metres (20 feet)
where a Fence, Berm, or Landscaping forms an opaque visual buffer a minimum 1.8
metres (6 feet) in height;
b. Parking and Loading Spaces shall be prohibited within the Abutting Yard;
c. driveways and access to Parking and Loading Spaces shall be permitted in the
Abutting Yard; and
d. any Abutting Yard, excepting Driveways or access to Parking and Loading Spaces,
shall be Landscaped Open Space.
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 7: Commercial (C) Zones
95 | P a g e
44.3.2.
Outdoor Loading and Display
a. Outdoor Loading or Display to a maximum of 25% Lot Coverage shall be permitted
within the Rear or Side Yards, excepting Motor Vehicle, watercraft, recreational
vehicles, and like products that are permitted in Rear, Side and Front Yards with no
Lot Coverage, and shall be Fenced or otherwise Screened to buffer adjacent
properties.
b. No Outdoor Loading or Display of any kind shall be permitted in a required Abutting
Yard.
44.3.3.
Driveways
Driveways on the same property shall be spaced a minimum of 15.2 metres (50 feet)
apart.
44.3.4.
Service Stations
Service Stations shall be subject to the following:
a. pump islands shall be a minimum of 6.1 metres (20 feet) from any Street Right-of-
way;
b. any pump island canopy or cover shall be a minimum height of 4.3 metres (14 feet);
and
c. any pump island canopy or cover shall be a minimum of 3 metres (10 feet) from
any Street Right-of-way.
44.3.5.
Landscaping - Street Frontages
a. Shopping Centre Commercial Use Development shall have a grassed buffer
(minimum 2 metres (6 feet)) of coniferous or deciduous trees (minimum 1.2 metres
(4 feet) and maximum 3.7 metres (12 feet) high), or of shrubs (minimum 0.6 metres
(2 feet) and maximum 3.7 metres (12 feet)), planted with an average maximum
spacing of 5 metres (16.4 feet), along the Street frontage on the property to be
Developed, and such buffer may be interrupted by driveways and accesses. The
Corner Vision Triangle must be maintained, and the buffer shall be in addition to
area within the Street Right-of-way.
b. The required trees shall have maximum growth capacity of 3.7 metres (12 feet) and
shall be well-maintained.
c. Buffer and Screening requirements shall not apply to expansions in Gross
Commercial Floor Area to a maximum of 25% for existing Commercial Uses.
d. Garbage containers, recycling bins and garbage compactors shall be enclosed by a
2 metre (6 foot) high opaque Fence to buffer public Streets and adjacent properties.
44.3.6.
Creation of Lots without Frontage
a. Lots without frontage shall be permitted only for Shopping Centres provided:
i.
minimum Lot area of 40,470 square metres (10 acres); and
ii.
sufficient parking in the designation and easement agreements to ensure
unimpeded access, right of shared parking and passage.
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Part 7: Commercial (C) Zones
96 | P a g e
b. Minimum Parking Spaces required per section 22 may be calculated cumulatively,
provided 43.3.6 (a) (ii) compliance.
44.3.7.
Area and Frontage
Notwithstanding Table 23, Structures and/or areas to be connected over two or more
Lots shall have no minimum Front, Rear or Side Yards along the common property line,
and the cumulative area and frontage of the Subject Properties may be used to calculate
the minimum area and frontage requirements. Minimum Parking Spaces required per
section 22 may be calculated cumulatively, provided that the Subject Properties permit
unimpeded right of shared parking, access and passage.
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 8: Industrial Zones
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Part 8: Industrial Zones
45.
Light Industrial (M1) Zones
45.1.
Permitted Uses
45.1.1.
As-of-Right
a. Industrial Uses
i.
communication industries
ii.
Licensed Liquor Establishments
iii.
manufacturing, processing, and recycling
iv.
parking and/or storage of industrial or heavy Commercial vehicles,
equipment, and similar goods
v.
Parts Assembly
vi.
railway Uses
vii.
Recycling Depot
viii.
research industries
ix.
service industries
x.
warehousing, storage and distribution
b. Non-Industrial and Mixed Uses
i.
All Age Teen Club
ii.
Animal Clinic, grooming, shelter or hospital
iii.
automobile body shops
iv.
Automobile Rental Establishments
v.
Bulk Storage Facilities
vi.
Cafes
vii.
Commercial Recreational
viii.
community clubs
ix.
community Recreational Uses
x.
Commercial Uses, accessory to a main Use permitted in the Light Industrial
(M1) Zone, and conducted in the same Building or Lot as the main Use
xi.
Custom Workshops
xii.
carpentry shops
xiii.
Institutional (I) Zone permitted Uses
xiv.
Kennels
xv.
Offices
xvi.
Rental Shops
xvii.
Recreation (P) Zone permitted Uses
xviii.
Restaurant
xix.
Retail Uses
xx.
small engine and equipment repair
xxi.
wholesale Uses
45.1.2.
Site Plan Approval
Applications for new, and expansions to Commercial, Industrial, Institutional (I),
Recreation (P) and mixed Uses in the Neighbourhood Commercial (C2) Zone, Highway
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 8: Industrial Zones
98 | P a g e
Commercial (C3) Zone, Commercial Business Park (C4) Zone, Light Industry (M1) Zone,
and Provincial Resource (M2) Zone will be accepted, provided:
a. such Use(s) are listed as permitted Uses in the applicable Zone; and
b. the proposal includes provisions for parking, off-street loading, and/or new
Development or expansions.
c. If the use is listed as a permitted as of right use in this zone, this process is not
required.
The above shall be subject to Policies IM-23 through IM-30.
45.2.
Prohibited Uses
45.2.1.
Uses subject to environmental assessment (per Environment Act. 1994-95, c. 1):
45.2.2.
industries, including, without limitation:
a. radioactive material or other dangerous goods manufacture, processing or
reprocessing facilities
b. heavy water plant
c. pulp and paper mill
d. petrochemical plant
e. cement plant
f.
oil refinery
g. metal smelter
h. ferro-alloy plant
i.
non-ferrous metal smelter
j.
rendering plant
k. Bulk Storage Facilities with capacity exceeding 5000 cubic metres for liquid or gas
storage such as hydrocarbons or chemicals
l.
timber resource treatment facilities
m. fish meal production facilities
n. electricity production industries with a minimum production rating of 10
megawatts
o. extractive facilities
45.3.
Standard Requirements
45.3.1.
Lot, Yard and Height
Table 22 - Light Industrial (M1) Zone Requirements
Minimum Lot Area
929 m² (10,000 ft²)
Minimum Lot Frontage
24.4 m (80 ft)
Minimum Front Yard
6.1 m (20 ft)
Minimum Rear Yard
6.1 m (20 ft)
Minimum Side Yard
4.6 m (15 ft)
Minimum Side Yard (Flankage)
6.1 m (20 ft)
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 8: Industrial Zones
99 | P a g e
45.3.2.
Abutting Yard
Notwithstanding Table 25, where an Industrial or Commercial Use abuts any
Residential, Institutional (I), or Recreation (P) Zone, the following restrictions shall
apply to the subject Lot:
a. 9.1 metres (30 feet) Minimum Yard or 6.1 metres (20 feet) Minimum Yard where a
Fence, Berm, or Landscaping forms an opaque visual buffer a minimum 1.8 metres
(6 feet) in height;
b. Parking and Loading Spaces shall be prohibited within the Abutting Yard;
c. driveways and access to Parking and Loading Spaces shall be permitted in the
Abutting Yard; and
d. any required Abutting Yard, excepting Driveways or access to Parking and Loading
Spaces, shall be Landscaped Open Space.
45.3.3.
Outdoor Loading and Display
a. Outdoor Loading or Display to a maximum of 50% Lot Coverage shall be permitted
within the Rear or Side Yards and shall be Fenced or otherwise Screened to buffer
adjacent properties.
b. No Outdoor Storage or Display of any kind shall be permitted in a required Abutting
Yard.
45.3.4.
Garden Plots
Public or private lands may be used for flower or vegetable gardens as a main or
Accessory Use. Such Use requires written consent of the applicable public owner.
Forestry Use, intensive agricultural Use, keeping of livestock, deer Fences, flagging,
chairs and like items shall be prohibited.
45.3.5.
Buffering
Parking and/or Loading Spaces, including driveways and access, shall be prohibited in
the required Yards except where a Fence, Berm, or Landscaping forms an opaque visual
buffer a minimum of 1.8 metres (6 feet) in height and 1.8 metres (6 feet) in depth.
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 8: Industrial Zones
100 | P a g e
45.4.
Additional Requirements
45.4.1.
Obnoxious Industrial Uses, Salvage Yards and Scrap Metal Operations
These Uses and operations are subject to additional restrictions as follows:
a. NSE compliance;
b. no salvage Yard shall be located within 15.2 metres (50 feet) of any existing
residential Use or Zone;
c. no such Use shall be located on a Lot less than 20,234 square metres (5 acres) in
area;
d. a visual Screen and Buffer Strip at least 15.2 metres (50 feet) in width shall separate
adjacent Uses, and Street or road rights-of-way; and
e. Use shall not involve Obnoxious emissions.
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 8: Industrial Zones
101 | P a g e
46.
Provincial Resource (M2) Zone
46.1.
Permitted Uses
46.1.1.
As-of-Right
a. Industrial Uses
i.
opening, excavating, or working of any coal or coal-bearing substance in any
ore body, coal deposit, stratum, soil, rock, earth bed, clay, sand, gravel or like
mining area
ii.
all works, machinery, plant, latrines, washhouses, and other Buildings and
premises below or above ground accessory to or otherwise connected with
the mine
iii.
forestry Uses
b. Non-industrial Uses
i.
Permitted Recreation (P) Zone Uses subject to the requirements of that Zone
46.1.2.
Site Plan Approval
New, and expansions to Commercial, Industrial, Institutional (I), Recreation (P) and
mixed Uses in the Neighbourhood Commercial (C2) Zone, Highway Commercial (C3)
Zone, Commercial Business Park (C4) Zone, Light Industry (M1) Zone, Provincial
Resource (M2) Zone where:
a. such Use(s) are listed as permitted Uses in the applicable Zone; and
b. the proposal includes provisions for parking, off-street loading, and/or new
Development or expansions.
c. If the use is listed as a permitted as of right use in this zone, this process is not
required.
The above shall be subject to Policy IM-23 through IM-30.
46.2.
Prohibited Uses
46.2.1.
Uses subject to environmental assessment (per Environment Act. 1994-95, c. 1).
46.2.2.
Industries including, without limitation:
a. radioactive material or other dangerous goods manufacture, processing or
reprocessing facilities
b. heavy water plant
c. pulp and paper mill
d. petrochemical plant
e. cement plant
f.
oil refinery
g. metal smelter
h. ferro-alloy plant
i.
non-ferrous metal smelter
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 8: Industrial Zones
102 | P a g e
j.
dismembering-rendering plant
k. Bulk Storage Facilities with capacity exceeding 5000 cubic metres for liquid or gas
storage such as hydrocarbons or chemicals
l.
timber resource treatment facilities
m. fish meal production facilities
n. electricity production industries with a minimum production rating of 10
megawatts
o. extractive facilities
46.3.
Standard Requirements
46.3.1.
Garden Plots
Public or private lands may be used for flower or vegetable gardens as a main or
Accessory Use. Such Use requires written consent of the applicable public owner.
Forestry Use, intensive agricultural Use, keeping of livestock, deer Fences, flagging,
chairs and like items shall be prohibited.
46.4.
Additional Requirements
46.4.1.
Abutting Yard
Where a Yard abuts any Residential, Institutional (I), or Recreation (P) Zone, the
following restrictions shall apply to the subject Lot:
a. 305 metres (1000 feet) minimum Setback where a Fence, Berm, or Landscaping
forms an opaque visual buffer a minimum 1.8 metres (6 feet) in height;
b. Parking and Loading Spaces shall be prohibited within the Abutting Yard;
c. driveways and access roads shall be prohibited in the Abutting Yard; and
d. any Abutting Yard shall be Landscaped Open Space.
46.4.2.
Outdoor Storage and Display
Where permitted, Outdoor Storage areas shall be Fenced or otherwise Screened to
buffer adjacent properties or public areas.
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 8: Industrial Zones
103 | P a g e
47.
General Industrial (M3) Zone
47.1.
Permitted Uses
47.1.1.
As-of-Right
a. Industrial Uses
i.
auto trade industries, including Automobile Service Stations
ii.
Animal hospitals and Kennels
iii.
business and professional Offices
iv.
communication industries
v.
construction industries
vi.
Industrial Service Uses
vii.
Commercial Uses accessory to the main Use
viii.
manufacturing, assembling and processing plants that are not Obnoxious
ix.
power plants
x.
Recycling Centres and/or Recycling Depots
xi.
research establishments
xii.
Retail trade establishments
xiii.
trucking and railway depots
xiv.
permitted Light Industry (M1) Zone Uses, subject to Light Industry (M1)
Zone requirements
xv.
utilities
xvi.
wholesale trade and Warehouse establishments
47.1.2.
Development Agreement
a. Obnoxious Heavy Industrial Uses in areas designated industrial on the GFLUM that
are Policy IM-12 compliant. If the use is listed as a permitted as of right use in this
zone, this process is not required.
47.1.3.
Site Plan Approval
New, and expansions to Commercial, Industrial, Institutional (I), Recreation (P) and
mixed Uses in the Neighbourhood Commercial (C2) Zone, Highway Commercial (C3)
Zone, Commercial Business Park (C4) Zone, Light Industry (M1) Zone, and Provincial
Resource (M2) Zone where:
a. such Use(s) are listed as permitted Uses in the applicable Zone; and
b. the proposal includes provisions for parking, off-street loading, and/or new
Development or expansions.
c. If the use is listed as a permitted as of right use in this zone, this process is not
required.
The above shall be subject to Policy IM-23 through IM-30.
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 8: Industrial Zones
104 | P a g e
47.2.
Prohibited Uses
47.2.1.
Uses subject to environmental assessment per the Environment Act. 1994-95, c. 1.
47.2.2.
Obnoxious industries are not permitted in the Provincial Zone, including, without
limitation:
a. radioactive material or other dangerous goods manufacture, processing or
reprocessing facilities
b. heavy water plant
c. pulp and paper mill
d. petrochemical plant
e. cement plant
f.
oil refinery
g. metal smelter
h. ferro-alloy plant
i.
non-ferrous metal smelter
j.
dismembering-rendering plant
k. Bulk Storage Facilities with capacity exceeding 5000 cubic metres for liquid or gas
storage such as hydrocarbons or chemicals
l.
timber resource treatment facilities
m. fish meal production facilities
n. electricity production industries with a minimum production rating of 10
megawatts
o. extractive facilities
47.3.
Standard Requirements
47.3.1.
Lot, Yard, and Height
Table 23 - General Industry (M3) Zone Requirements
Minimum Lot Area
929 m² (10,000 ft²)
Minimum Lot Frontage
24.4 m (80 ft)
Minimum Front Yard
6.1 m (20 ft)
Minimum Rear Yard
6.1 m (20 ft)
Minimum Side Yard
4.6 m (15 ft)
Minimum Height
15.2 m (50 ft)
47.4.
Additional Requirements
47.4.1.
Area and Frontage
Notwithstanding Table 26, Front, Rear and Side Yard requirements, Industrial
Building(s), complexes, facilities, projects or areas to be connected over two or more
premises shall have no minimum Front, Rear or Side Yards along the common property
line, and the cumulative area and frontage of the Subject Properties may be used to
calculate the minimum area and frontage requirements. Minimum Parking Spaces
required per section 22 may be calculated cumulatively, provided that the Subject
Properties permit unimpeded right of shared parking, access and passage.
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 8: Industrial Zones
105 | P a g e
47.4.2.
Abutting Yards and Landscaping
a. Yards or Lots located within an industrial Zone that abuts a non-industrial Zone
shall be subject to criteria as follows:
i.
minimum Abutting Side or Rear Yard of 9.1 metres (30 feet);
ii.
no Outdoor Storage in the required Abutting Yard; and
iii.
Screening of the Abutting Yard by an opaque Fence or Landscaped Buffer
Strip with minimum height of 1.8 metres (6 feet).
b. Permitted Uses are subject to Landscaping requirements as follows:
i.
Yard areas, excepting parking, maneuvering aisles, driveways, walkways,
loading areas, refuse and other Outdoor Storage areas, shall be Landscaped
with grass or other vegetative cover; and
ii.
Building fronts shall have a Landscaped area adjacent to the Building with
minimum width of 1.8 metres (6 feet), with one tree or shrub placed every 3
metres (10 feet) of frontage, excepting Building entrances.
47.4.3.
Outdoor Storage and Display
a. Outdoor Storage or display to a maximum of 50% Lot Coverage shall be permitted
within the Rear or Side Yards and shall be wholly enclosed and Screened by an
opaque Fence or Landscaped Buffer Strip with a minimum height of 1.8 metres (6
feet).
b. Permitted Service Stations shall conform to the special requirements set out in Part
7 provision 43.3.4 herein.
47.4.4.
Creation of Lots Without Frontage
a. Lots without frontage shall be permitted provided:
i.
the industrial Use maintains the minimum Lot Area of the General Industrial
(M3) Zone of 929 square metres (10,000 square feet); and
ii.
sufficient parking in the designation and easement agreements to ensure
unimpeded access, right of shared parking and passage.
b. Minimum Parking Spaces required per section 22 may be calculated cumulatively,
provided 49.4.4 (a) (ii) compliance.
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 9: Institutional (I) Zone
106 | P a g e
Part 9: Institutional (I) Zone
48.
Institutional (I) Zone
48.1.
Permitted Uses
48.1.1.
As-of-Right
a. Institutional Uses
i.
ambulance services
ii.
Cemeteries
iii.
Churches or other places of worship
iv.
Clinics and medical Offices
v.
colleges
vi.
Commercial Schools
vii.
Community Centres
viii.
Community Gardens
ix.
Community Homes
x.
cultural Uses
xi.
Day Care
xii.
Day Care (Residential)
xiii.
Dormitories (except in the C1 Zone in Trenton)
xiv.
Enriched Seniors Residences
xv.
fire stations
xvi.
food banks
xvii.
hospitals
xviii.
libraries
xix.
museums
xx.
Nursing Homes
xxi.
Personal Care
xxii.
police stations
xxiii.
post Offices
xxiv.
Private and Public Schools
xxv.
Public Buildings
xxvi.
Residential Care Facilities
xxvii.
senior citizen housing
xxviii.
Seniors Residential Complexes
xxix.
Special Care Facilities
xxx.
Universities
b. Non-Institutional Uses
i.
existing residential Uses subject to Residential Two Unit (R2) Zone
requirements
ii.
Recreational Uses subject to Recreation (P) Zone requirements
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 9: Institutional (I) Zone
107 | P a g e
48.1.2.
Site Plan Approval
New, and expansions to Commercial, Industrial, Institutional (I), Recreation (P) and
mixed Uses in the Neighbourhood Commercial (C2) Zone, Highway Commercial (C3)
Zone, Commercial Business Park (C4) Zone, Light Industry (M1) Zone, and Provincial
Resource (M2) Zone where:
a. such Use(s) are listed as permitted Uses in the applicable Zone; and
b. the proposal includes provisions for parking, off-street loading, and/or new
Development or expansions.
c. If the use is listed as a permitted as of right use in this zone, this process is not
required.
The above shall be subject to Policy IM-23 through IM-30.
48.2.
Standard Requirements
48.2.1.
Yard, Lot and Height
Table 24 - Institutional (I) Zone Lot Requirements
Minimum Lot Area
Serviced
465 m2 (5,000 ft²)
Unserviced
2787 m2 (30,000 ft²)
Minimum Lot Frontage
18.3 m (60 ft)
Minimum Front Yard
6 m (20 ft)
Minimum Rear Yard
6 m (20 ft)
Minimum Side Yard
Greater of 4.6 m (15 ft) or ½ Main Building
Height
48.2.2.
Garden Plots
Public or private lands may be used for flower or vegetable gardens as a main or
Accessory Use. Such Use requires written consent of the applicable public owner.
Forestry Use, intensive agricultural Use, keeping of livestock, deer Fences, flagging,
chairs and like items shall be prohibited.
48.3.
Additional Requirements
48.3.1.
Outdoor Storage and Display
Notwithstanding section 21.6, Outdoor Storage or Display shall be prohibited except
concurrent to special events, sidewalk sales, or festivals, to a maximum period of 30
days per calendar year.
48.3.2.
Where Abutting a Residential Zone
Lots abutting a residential Zone are subject to criteria as follows:
a. the Abutting Yard shall have a Minimum Side and Rear Yard of 6.1 metres (20 feet)
and all areas within the Abutting Yard shall be Landscaped Open Space; and
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 9: Institutional (I) Zone
108 | P a g e
b. Parking Spaces and Outdoor Storage shall be prohibited in a required Abutting Yard
except where opaque Screening by Fencing and/or Landscaping are provided, in
which case Parking Spaces or Outdoor Storage shall be prohibited within 1.8 metres
(6 feet) of the abutting Lot line.
48.3.3.
Parking and Loading
a. Parking Areas for Uses shall be permitted in the side or Rear Yards of a Lot as of
right, and in the Front Yard of a Lot, between the front Lot line and the Main
Building, provided Landscaping by grassed material and tree/shrub planting is
provided in an area along the front Lot line for a minimum depth of 3 metres (10
feet).
b. Required Loading Spaces shall be permitted only in the Rear Yard of the Lot.
c. Parking and Loading Spaces shall be provided per section 22, unless otherwise
directed by the Traffic Authority.
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 10: Recreation Zone
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Part 10: Recreation (P) Zone
49.
Recreation (P) Zone
49.1.
Permitted Uses
49.1.1.
As-of-Right
a. Recreation Uses
i.
cenotaphs
ii.
Cafes
iii.
Commercial Recreation Uses
iv.
conservation areas
v.
Day Care
vi.
Day Care (Residential)
vii.
gazebos, pavilions, band shells
viii.
fairgrounds and exhibition sites
ix.
fountains
x.
monuments
xi.
parks
xii.
picnic areas
xiii.
playgrounds, playing fields
xiv.
public and private Recreation Uses such as tennis courts, Swimming Pools,
indoor and outdoor sports facilities, golf courses, bowling greens, archery
ranges, riding stables, arenas
xv.
Recreation Facilities
xvi.
recreational Retail and Rental Shops
xvii.
stadiums
xviii.
trails
xix.
Structures and Uses accessory to the foregoing
b. Non-Recreational Uses
i.
Community Centres
ii.
Commercial Uses accessory to a Recreation (P) Use
49.1.2.
Site Plan Approval
New, and expansions to Commercial, Industrial, Institutional (I), Recreation (P) and
mixed Uses in the Neighbourhood Commercial (C2) Zone, Highway Commercial (C3)
Zone, Commercial Business Park (C4) Zone, Light Industry (M1) Zone, Provincial
Resource (M2) Zone, Institutional (I) Zone, and Recreation (P) Zone where such Use(s)
are:
a. listed as permitted Uses in the applicable Zone; and
b. the proposal includes provisions for parking, off-street loading, and/or new
Development or expansions.
c. If the use is listed as a permitted as of right use in this zone, this process is not
required.
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 10: Recreation Zone
110 | P a g e
The above shall be subject to Policy IM-23 through IM-30.
49.2.
Standard Requirements
49.2.1.
Yard, Lot and Height
Table 25 - Recreation (P) Zone Lot Requirements
Minimum Lot Area
Serviced
465 m2 (5,000 ft²)
Unserviced
2787 m2 (30,000 ft²)
Minimum Lot Frontage
18.3 m (60 ft)
Minimum Front Yard
6 m (20 ft)
Minimum Rear Yard
6 m (20 ft)
Minimum Side Yard
Greater of 4.6 m (15 ft) or ½ Main Building
Height
49.2.2.
Garden Plots
Public or private lands may be used for flower or vegetable gardens as a main or
Accessory Use. Such Use requires written consent of the applicable public owner.
Forestry Use, intensive agricultural Use, keeping of livestock, deer Fences, flagging,
chairs and like items shall be prohibited.
49.3.
Additional Requirements
49.3.1.
Outdoor Storage and Display
Notwithstanding section 21.6, Outdoor Storage or Display shall be prohibited except
concurrent to special events, sidewalk sales, or festivals, to a maximum period of 30
days per calendar year.
49.3.2.
Where Abutting a Residential Zone
Lots abutting a residential Zone are subject to criteria as follows:
a. the Abutting Yard shall have a Minimum Side and Rear Yard of 6.1 metres (20 feet)
and all areas within the Abutting Yard shall be Landscaped Open Space; and
b. Parking Spaces and Outdoor Storage shall be prohibited in a required Abutting Yard
except where opaque Screening by Fencing and/or Landscaping are provided, in
which case Parking Spaces or Outdoor Storage shall be prohibited within 1.8 metres
(6 feet) of the abutting Lot line.
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 11: Floodplain Zone
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Part 11: Floodplain (F) Zone
50.
Floodplain (F) Zone
50.1.
Permitted Uses
50.1.1.
As-of-Right
a. Floodplain Uses
i.
conservation areas
ii.
Passive Recreational Uses
iii.
trails
iv.
existing sand, gravel, and topsoil extraction operations
50.1.2.
Development Agreement
a. new and expansions to existing sand, gravel, and topsoil extraction operations,
subject to MPS Policy F-3
b. Recreation and tourism-related Uses subject to MPS Policy F-4
c. If the use is listed as a permitted as of right use in this zone, this process is not
required.
50.2.
Placement of Off-site Fill
50.2.1.
Placement of Off-site Fill
a. Based on the Joint Canada/Nova Scotia Flood Plain Mapping of the East River
Floodways (circa 1980), expansions to existing uses located within the floodway
fringe (1:100 year) are permitted (but not in the floodway (1:20 year)), provided it
is flood-proofed, and in compliance with the Statement of Provincial Interest
outlined in the MGA.
b. Off-site Fill placement is prohibited within the 1:20 year Floodway.
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 12: Waterfront Zone
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Part 12: Waterfront (W) Zone
51.
Waterfront (W) Zone
51.1.
Permitted Uses
51.1.1.
As-of-right
a. General Waterfront Uses
i.
Bed and Breakfast establishments to a maximum of four rooms to let (subject
to section 28)
ii.
business, Professional and government Offices and facilities
iii.
Fishery industry
iv.
Cafes
v.
Commercial Recreation
vi.
Community Gardens
vii.
Cottages
viii.
Country Inns
ix.
entertainment
x.
existing mixed Commercial/residential Offices and facilities
xi.
existing multiple unit Dwellings
xii.
existing Single Detached Dwellings
xiii.
Hostels
xiv.
inns
xv.
Lounges, beverage rooms, pubs
xvi.
Recreational
xvii.
Restaurants
xviii.
Retail stores
xix.
Tourist or Guest Home Establishment
51.1.2.
Development Agreement
a. multi-unit Dwellings per Pictou SPS Policy P-W-6
b. new Custom Workshops, Hotels, Shopping Centers, mixed residential/
Commercial/Office Developments and multi-unit residential Developments per
Pictou SPS Policy P-W-3
c. expansion of existing Multiple Unit Dwellings per Pictou SPS Policy P-W-5
d. mixed Use residential/Office and Commercial Developments per Pictou SPS Policy
P-W-4
e. If the use is listed as a permitted as of right use in this zone, this process is not
required.
51.2.
Uses Exempt from Zone Requirements include public walkways, public parks, public
utilities, Parking Lots and Parking Structures, marinas, and municipally owned or controlled
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 12: Waterfront Zone
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51.3.
Standard Requirements
51.3.1.
Lot, Yard and Height
Table 26 - Waterfront (W) Zone Requirements
Minimum Lot Area
278 m2 (3,000 ft²)
Minimum Lot Frontage
9.1 m (30 ft)
Minimum Front Yard
3 m (10 ft)
Maximum Height of Main Building
10.7 m (35 ft)
51.3.2.
Garden Plots
Public or private lands may be used for flower or vegetable gardens as a main or
Accessory Use. Such Use requires written consent of the applicable public owner.
Forestry Use, intensive agricultural Use, keeping of livestock, deer Fences, flagging,
chairs and like items, shall be prohibited.
51.4.
Additional Requirements
51.4.1.
Signs
In addition to general signage requirements herein, the following shall apply:
a. Erected Signs shall have a consistent and aesthetic construction of wood, stone,
wrought iron, simulated wood, or a combination thereof; and
b. Signs shall have a 4.6 metre (15 foot) maximum height.
51.4.2.
Outdoor Storage and Display
In addition to general Outdoor Storage or Display requirements herein, and excepting
Town Outdoor Storage or Display, Outdoor Storage or Display shall be:
a. prohibited in any Building Front Yard;
b. Screened by opaque wooden Fencing preventing ground level visibility from any
adjacent Yard or from a public Street; and
c. prohibited except concurrent to special events, sidewalk sales, or festivals, to a
maximum period of 30 days per calendar year, notwithstanding section 21.6.
51.4.3.
Building Appearance
Any Building, including Accessory Buildings, shall have a consistent and aesthetic
exterior, with wood, brick, and/or stone or imitation finish.
51.4.4.
Landscaping
New Structures or Buildings that front on Caladh or the Jitney Trail shall provide Front
Yard Landscaping a minimum height of 1.5 metres (5 feet) placed every five linear
metres of frontage combined with additional plantings.
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 12: Waterfront Zone
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51.4.5.
Parking Exemption
Permitted new or expansions to Commercial or Institutional Developments for
properties fronting on the following Streets shall be exempt from off-street parking:
a. Water Street (between Willow Street and Coleraine Street)
b. Market Street
c. Caladh Avenue
d. George Street
e. Coleraine Street
f.
Front Street (to Welsford Street)
g. Creighton Street
h. Depot Street
i.
Commercial Street
j.
Kempt Street
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 13: Water Supply Zone
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Part 13: Water Supply (WS) Zone
52.
Water Supply (WS) Zone
52.1.
Permitted Uses
52.1.1.
As-of-Right
a. Conservation-related Uses
b. non-Intensive agricultural Uses, excluding all Buildings but small Accessory
Buildings or Structures
c. Passive Recreation
d. public utilities
e. public walking trails
f.
Single Detached Dwellings
52.2.
Standard Requirements
52.2.1.
Lot, Yard and Height
Table 27 - Water Supply (WS) Zone Requirements
Minimum Lot Area
0.8 ha (2 acres)
Minimum Lot Frontage
46 m (150 ft)
Minimum Front Yard
10 m (32 ft)
Minimum Side Yard
3 m (10 ft)
Minimum Rear Yard
10 m (32 ft)
Maximum Building Height
10.7 m (35 ft)
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 14: Airport Zone
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Part 14: Airport (AP) Zone
53.
Airport (AP) Zone
53.1.
Permitted Uses
53.1.1.
As-of-Right
a. airport Uses
i.
air transportation service industries
ii.
aviation services
iii.
Bulk Storage Facilities
53.2.
Standard Requirements
53.2.1.
Lot, Yard and Height
Table 28 - Airport (AP) Zone Requirements
Minimum Lot Area
on-site services
1858 m² (20,000 ft²)
central services
15.2 m (50 ft)
on-site services
30.5 m (100 ft)
Minimum Lot Frontage
on-site services
30.5 m (100 ft)
central services
15.2 m (50 ft)
Minimum Front Yard
6.1 m (20 ft)
Minimum Rear Yard
6.1 m (20 ft)
Minimum Side Yard
3 m (10 ft)
Maximum Height
15.2 m (50 ft)
53.3.
Additional Requirements
53.3.1.
Where Abutting a Residential or Institutional (I) Zone
Lots abutting a residential or Institutional (I) Zone are subject to criteria as follows:
a. the Abutting Yard shall have a Minimum Side or Rear Yard of 9.1 metres (30 feet);
and
b. Outdoor Storage shall be prohibited in the required Abutting Yard.
53.3.2.
Signs
There shall be a maximum of one Sign per Building, excepting maximum two Signs per
Building where Building has runway access.
53.3.3.
Building Appearance
Building exterior wall surfaces shall be compatible with the existing airport terminal
Building and comprise glass, stone, aggregate, pre-cast concrete, steel, brick, cast in
place concrete, or wood.
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 14: Airport Zone
117 | P a g e
53.3.4.
Landscaping
a. Yard areas not used for parking, maneuvering aisles, driveways, walkways, loading
areas, refuse storage and Outdoor Storage shall be Landscaped with grass or other
appropriate vegetation; and
b. All Building fronts abutting a public road shall have a minimum 1.8 metres (6 feet)
width Landscaped area adjacent to the Building with one tree or shrub planted per
3 metres (10 feet) of frontage, excepting Building entrances.
53.3.5.
Outdoor Storage and Display
Outdoor Storage or Display shall not exceed 50% Lot Coverage, shall not be permitted
within the required Front or Flankage Yard, and all Outdoor Storage areas, including
refuse storage, shall be wholly enclosed and Screened by an opaque Fence or
Landscaped Buffer Strip with a minimum height of 1.8 metres (6 feet).
53.3.6.
Other
a. Development Permit applications shall be subject to NSE review and comment,
particularly for groundwater resource protection.
b. Bulk fuel storage shall be in a Bulk Storage Facility.
c. All airport Development shall have direct Collector road access.
d. Unserviced Zone Development shall be limited to non-intensive airport Uses.
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 15: Schedules
118 | P a g e
Part 15: Schedules
54.
Schedule A - Zone Maps
54.1.
Schedule A-2 - Town of Pictou
54.2.
Schedule A-3 - Town of Stellarton
54.3.
Schedule A-4 - Town of Trenton
55.
Schedule B - Subsidence Prone Lands
55.1.
Schedule B-1 - Town of Stellarton
55.2.
Schedule B-3 - Requirements for Geo-Technical Report
56.
Schedule C - Environmental Features
56.1.
Schedule C - Environmental Features (Town of Trenton)
57.
Schedule E - Grounds Signs Max 24.4m (80 ft) in Height
58.
Schedule G - List of Streets Where Commercial Frontage Requirements Apply
59.
Schedule H - Requirements for mini-homes as garden and garage suites, where
applicable
Note* Schedules D and F have been deleted from the original text
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 15: Schedules
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Schedule A - Zoning Maps
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 15: Schedules
120 | P a g e
Schedule B - Subsidence Prone Lands & Maps
Town of Stellarton
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Part 15: Schedules
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Schedule B-3
Requirements for a Geotechnical Report
Mining Impact Assessment
Geotechnical Reports for lands impacted by abandoned underground coal mine workings must be
prepared to include a mining site assessment. This typically is a desk study which includes a field
visit with no intrusive site work. At a minimum, it should address the following:
-
Field Visit - Visual inspection of the property (lands and structures) and adjacent lands.
-
Background Information - Review relevant information on abandoned mine workings in
that locality and appropriate technical reference information.
-
Mining Factor - Describe strata section, mine workings details (seam by seam), mine water
and potential development of surface subsidence.
-
Site Factor - Outline site characteristics (i.e., site geology, topography, drainage).
-
Structure Factor - Discuss the type and condition of existing and proposed structures and
their expected response to potential mining subsidence.
-
Time Factor - Discuss timing and duration of mine workings, any previous subsidence
events, scheduling of proposed developments on the lands and any other relevant time
information.
-
Qualitative Preliminary Risk Assessment - Assessment of potential hazards (i.e.,
associated with both subsidence ground movement and possible release of mine water
and/or gases); potential severity and probability of occurrence for sinkhole and sag
subsidence for all workings; summarize risks.
-
Assessment of Mitigation Measures - Summary of previous or existing mitigation
measures and outcome; assess need for future mitigation, type and extent required to reduce
subsidence to acceptable levels.
-
Summary & Findings - Outline work done, principal conclusions and recommended way to
proceed to incur least risk of potential abandoned mine subsidence effects with and without
mitigation measures, further studies and design requirements.
-
Geotechnical Reports Recommendations - The measures specified in a Geotechnical
Report, can and will be taken to ensure the development and its associated land uses incur
least risk of adverse effects and are able to safely withstand the hazard. As such, a
Geotechnical Report should recommend how from a mining perspective the land may be used
safely for the intended development over its projected life, taking into account adjacent land
uses.
-
Approval of Development - Safety Matters - Where a Geotechnical Report concludes that
land subject to mine subsidence may be used safely for the use intended, development
approval will be conditional on implementation of all conditions contained in the report
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 15: Schedules
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respecting siting, structural design, maintenance or planting of vegetation, placement of fill,
etc., and on the landowner agreeing to covenant with the municipality, within the land title,
to use the land only in the manner determined in the report.
Mine subsidence can cause conditions which are very hazardous. Consider signage noting
dangers of entering any area that is suspicious or that has been designated or fenced off as a
subsidence hazard area. If you suspect mine subsidence on your land please call your local
planning office.
Development Permit Checklist Yes/No Comment
Is the proposed development located within an area in the Map attached to this schedule (or
Integrated Land Use Zoning Map) designated by NSDNR as being mined by underground workings?
Has the property owner been notified of the potential underground mining?
Has a Geotechnical Report been conducted for this property?
Has a mining impact assessment been included in the Geotechnical Report?
Has the developer incorporated the recommendations of the Geotechnical Report into the plans for
the development?
Is there any indication of previous ground movement on the property, either visual, anecdotal or in
the Geotechnical Report?
Have potential mining subsidence effects been adequately dealt with in the application?
Suggested Prevention and Control Measures of Areas Deemed Prone to Mine Subsidence
Damage to Structures
Additional aspects for engineers to consider in Geotechnical Reports relating to mitigation measures
follow. These are only suggestions and are not intended to provide a complete engineering guideline
(AECOM, 2011).
Design Philosophies
In general, there are three main philosophies in design of structures to mitigate subsidence effects
on structures in areas prone to coal mine subsidence, which include:
(1) building structures to resist subsidence ground movement effects, or
(2) building in flexibility to accommodate ground movement due to subsidence; or
(3) relocate the structure to a more stable area where there will be little or no subsidence impacts
(Peng, 1992).
Specific Design Measures
In order to aid stakeholders in Nova Scotia in their professional consideration of abandoned coal
mine subsidence, the following list of scientific references is offered as a guide on general
philosophies pertaining to the design of structures in areas with potential for mine subsidence:
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 15: Schedules
123 | P a g e
-
Fill shallow underground workings with cement grout or backfill for local abatement of
potential subsidence.
-
Place Structure on pile foundations based on solid ground beneath the mine workings to avoid
subsidence impacts.
-
Make Structure strong to resist any subsidence effects.
-
Make the structure flexible to accommodate subsidence effects with minimum damage.
-
Locate/relocate structure on solid pillars of unworked coal to avoid/minimize subsidence
risk.
-
Orientate the Structure with respect to likely subsidence movements to minimize impact.
-
Use flexible joints in pipes, cables, etc. to accommodate subsidence movement and avoid
damage.
-
Make the structure relatively small, less than 30m (98 ft) across, not more than three stories
high and using a slab on-grade foundation.
-
Trenches filled with suitable compressible granular material are installed outside the
perimeter of concrete foundations to compensate and relieve compressive strain on foundation
footing and walls. Properly designed exterior trenches are required for both the length and width
of the structure.
-
Reinforced concrete anchoring slabs installed on top of a flexible foundation in buildings
subject to large horizontal strain (either along the short or long axis of the structure) resist failure
because the strain is not transferred to the structure. The reinforced concrete slab (80 to 120 mm
(30.15 in to 4.72 in) thick) with tension reinforcing bars placed on a layer of poly liner over 150
mm (5.9 in) of sand performs as a ridged structure and horizontal and vertical forces are
dissipated in the flexible sand layer.
-
Slotting should be made along the interior walls or along the lines where height or shape or both
change. The height in each unit separated by the slot should be uniform. The idea is to divide a
complex structure into separate independent sub-units. Temporary walls or posts should be
erected on both sides of the slot.
-
Leveling by underpinning and pinning is accomplished by installing and using hydraulic or
screw jacks at strategic points around the base or foundation of a structure to be impacted by
coal mining subsidence. These are then used to adjust and maintain the structure level as it
subsides. It is especially useful when predicted subsidence exposes the structure to sloping
and/or curvature impacts.
-
Leveling with springs is utilized in order to keep houses level during underpinning. Springs are
installed at the places where ground steps are likely to occur. Several groups of springs installed
under the floor joist may be needed.
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 15: Schedules
124 | P a g e
-
Reinforcing with tension rod or tension cable can be used to tighten a house structure at the
roof beam or floor joist levels. The tension rods and cables must be firmly tightened at the ends
and supported at regular intervals. Steel tension rods and cables are designed to resist and
compensate for the effects of curvature and tensile strain on the walls of a structure.
-
Wall shoring and internal bracing is utilized as a method to prevent and compensate for
toppling and collapse of or tilling of masonry walls. Interior wall bracing is designed to maintain
the stability of the interior load bearing walls.
-
Reinforced concrete beams when surface deformations are extreme. Reinforced concrete
beams may be installed around the house structure at the basement level. Reinforced concrete
beams are excellent for resisting horizontal strain and negative curvature, and if beams are
installed at the floor joist or roof beam level, they can also cope with the problems associated
with positive curvature.
-
Foundation bracing beams can be installed to reduce the transversal moment of a longitudinal
wall, especially if the building does not have transversal walls or the distance longitudinal walls
are large. Transverse reinforced concrete bracing beams resist transversal moments due to
subsidence.
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 15: Schedules
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Schedule C - Environmental Features Map
Town of Trenton
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 15: Schedules
126 | P a g e
Schedule E - Maximum Height of Ground Signs
& Maps
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 15: Schedules
127 | P a g e
Schedule G - List of Streets Where Commercial
Frontages Apply
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 15: Schedules
128 | P a g e
Schedule G
Town of Pictou
-
All properties within the C1 Zone
Town of Stellarton
-
Foord Street (Allan Avenue to Acadia Street)
Town of Trenton
-
Main Street (properties within the C1 Zone)
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Part 15: Schedules
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Schedule H - Special Conditions for Mini-Homes to
be Used for Garden and Garage Suites
Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law
Schedule B-3
i | P a g e
Schedule H
The Town of Stellarton will permit the use of mini-homes as garden suites or garage
suites, subject to the following criteria:
a) any front porch or verandah must be aligned with the main dwelling, and the siding
and/or exterior colour must be the same as the main dwelling;
b) the structure may not exceed 14.6 m (48 feet) in length;
c) the structure must be built and registered no earlier than 2015;
d) the structure must be fabricated by an approved builder with required CSA
certification, and developed subject to all requirements of the Nova Scotia Building
Code;
e) the structure must be anchored to a concrete base or screw jacks;
f) the structure may not be used for short term accommodations;