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Town of Port Hawkesbury
Land Use By-law
March 2010
Last amended: 10 August 2022
Land Use By-law for the Town of Port Hawkesbury
LUB - 2
Table of Contents
PART 1
TITLE .................................................................................................................................................. 3
PART 2
ADMINISTRATION.............................................................................................................................. 3
PART 3
ZONES AND ZONING MAPS ............................................................................................................... 5
PART 4
INTERPRETATION .............................................................................................................................. 6
PART 5
DEVELOPMENT AGREEMENTS AND SITE PLAN APPROVALS ............................................................. 7
PART 6
PROVISIONS FOR ALL ZONES ............................................................................................................. 9
A.
GENERAL PROVISIONS ........................................................................................................................... 9
B.
SIGNS ................................................................................................................................................... 16
PART 7
GENERAL PROVISIONS FOR ALL RESIDENTIAL ZONES ..................................................................... 21
PART 8
RESIDENTIAL SINGLE UNIT (R1) ZONE ............................................................................................. 23
PART 9
RESIDENTIAL TWO-UNIT (R2) ZONE ................................................................................................ 25
PART 10
RESIDENTIAL MULTIPLE UNIT (R3) ZONE ..................................................................................... 27
PART 11
MOBILE HOME PARK (R4) ZONE .................................................................................................. 29
PART 12
RESIDENTIAL RURAL (R5) ZONE ................................................................................................... 30
PART 13
GENERAL PROVISIONS FOR ALL COMMERCIAL ZONES ............................................................... 32
PART 14
COMMERCIAL NEIGHBOURHOOD (C1) ZONE .............................................................................. 34
PART 15
GRANVILLE STREET/WATERFRONT DEVELOPMENT (C2) ZONE................................................... 35
PART 16
COMMERCIAL HIGHWAY (C3) ZONE ............................................................................................ 37
PART 17
COMMERCIAL RESTRICTED (C-4) ZONE ....................................................................................... 39
PART 18
COMMERCIAL MAIN STREET (C5) ZONE ...................................................................................... 40
PART 19
GENERAL PROVISIONS FOR ALL INDUSTRIAL ZONES ................................................................... 43
PART 20
MIXED USE (M1) ZONE ................................................................................................................ 44
PART 21
INDUSTRIAL WATERFRONT (M2) ZONE ....................................................................................... 46
PART 22
INDUSTRIAL EXTRACTIVE (M3) ZONE .......................................................................................... 47
PART 23
INSTITUTIONAL (I) ZONE .............................................................................................................. 48
PART 24
RECREATION OPEN SPACE (O1) ZONE ......................................................................................... 49
PART 25
DEFINITIONS ................................................................................................................................ 50
Land Use By-law for the Town of Port Hawkesbury
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PART 1
TITLE
1.
This By-law shall be known and may be cited as the 'Land Use By-law' for the Town of Port
Hawkesbury.
2.
This By-law shall apply to all lands within the Town boundaries of the Town of Port Hawkesbury.
PART 2
ADMINISTRATION
Effective Date
1.
This By-law shall take effect when approved by the Minister of Municipal Affairs for the Province
of Nova Scotia.
Prohibition
2.
Subject to the provisions of the Municipal Government Act, no development shall be carried out
within the Plan Area except in accordance with this By-law.
3.
For projects requiring a development permit by this By-law, development shall not be commenced
or continued unless the owner has obtained a development permit to carry out the development.
4.
No development permit shall be issued to erect more than one main building upon a lot, except in
accordance with Part 6A, Section 19 of this By-law.
Development Officer
5.
The Council of the Town of Port Hawkesbury (hereinafter referred to as 'Council') which has
adopted this Land Use By-law shall appoint a Development Officer who shall be responsible for the
administration of this Land Use By-law and the issuing of development permits.
6.
The Development Officer shall keep records of all applications received, permits and orders issued;
inspections made, and shall retain copies of all papers and documents connected with the
administration of this By-law, which shall form part of the public records of the Town of Port
Hawkesbury.
Enforcement
7.
The Council, by any duly authorized officer or servant, shall have the right to enter at all reasonable
times into or upon any property within the planning area for the purposes of an inspection necessary
in connection with the administration of this Land Use By-law.
Permits
8.
Subject to the provisions of the Municipal Government Act,
a) Within fifteen (15) days of receiving an application for a development permit, the Development
Officer shall inform the applicant whether or not the application is complete.
b) Within thirty (30) days of receiving a completed application, the Development Officer shall
either grant the development permit, or inform the applicant of the reasons for not granting the
permit.
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9.
Every development permit is valid:
a) for twelve (12) months from the date of issuing the permit;
b) upon the permit being renewed for a further twelve (12) months if construction has begun; or
c) if not commenced within twelve (12) months and is still proposed, a new application is to be
made.
10. An application for a development permit shall:
a) be made in the form prescribed by the Town;
b) be signed by the owner or his/her agent;
c) state the intended use of the proposed development; and
d) provide any other information required by the Development Officer to determine whether the
proposal meets the requirements of this By-law.
11. When necessary to complete the assessment of a proposed development, the Development Officer
may require the applicant to submit, in duplicate, one or more of the following:
a) a survey plan of the lot showing the dimensions of the lot; said plan to be made and certified by
a registered land surveyor licensed to practice in Nova Scotia; and
b) the position, height, and horizontal dimensions of all structures existing on the lot.
Penalty
12. Any person in violation of the Municipal Government Act and provisions in force pursuant to the Act
will be subject to the penalties established in the Act.
Costs for Advertising
13. Applications for an amendment to this By-law shall be accompanied by a deposit to the District
Planning Commission an amount estimated by the Commission to be sufficient to pay the cost of
advertising required by the Municipal Government Act. After the advertising has been complete, the
applicant shall pay to the Commission any additional amount required to defray the cost of the
advertising, or if there is a surplus, the Commission shall refund the excess.
Land Use By-law for the Town of Port Hawkesbury
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PART 3
ZONES AND ZONING MAPS
Zones
1.
For the purpose of this By-law, the Town of Port Hawkesbury is divided into the following zones,
the boundaries of which are shown on the attached schedule. Such zones may be referred to by the
appropriate symbols.
Zone
Symbol
Residential Single Unit
R-1
Residential Two Unit
R-2
Residential Multiple Unit
R-3
Mobile Home Park
R-4
Residential Rural
R-5
Commercial Neighbourhood
C-1
Granville Street/Waterfront Development
C-2
Commercial Highway
C-3
Commercial Restricted
C-4
Commercial Main Street
C-5
Mixed Use
M-1
Industrial Waterfront
M-2
Industrial Extractive
M-3
Institutional
I
Recreation Open Space
O-1
Zoning Map
2.
The schedule attached hereto may be cited as the 'Zoning Map' and is hereby declared to form part
of the By-law.
Zones not on Maps
3.
The zoning map of this By-law may be amended, in conformance with the Municipal Planning
Strategy, to utilize any zone in this By-law, regardless of whether or not such zone had previously
appeared on any zoning map.
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PART 4
INTERPRETATION
Symbols
1.
The symbols used on the Zoning Map attached hereto, refer to the appropriate zones established by
this By-law.
Interpretation of Zoning Boundaries
2.
The extent and boundaries of all zones are shown on the Zoning Map, attached hereto, and for all
such zones the provisions of this By-law shall respectively apply.
3.
Boundaries between zones shall be determined as follows:
a) where a zone boundary is indicated as following a street or highway, the boundary shall be the
centre line of such street or highway;
b) where a zone boundary is indicated as approximately following lot lines, the boundary shall
follow such lot lines;
c) where a street, highway, railroad or railway right-of-way electrical transmission line right-of-
way or watercourse is included on the zoning map, unless otherwise indicated, it shall be
included in the zone of the adjoining property on either side thereof;
d) where a road, highway, railroad or railway right-of-way, electrical transmission line right-of-
way or watercourse is included on the zoning maps and serves as a boundary between two or
more different zones, a line midway on such right-of-way or watercourse and extending in the
general direction of the long division thereof shall be considered the boundary between zones
unless specifically indicated otherwise; and
e) where none of the above provisions applies, and where appropriate, the zone boundary shall be
scaled from the attached Zoning Map.
Certain Words
4.
In this By-law, unless otherwise clearly indicated:
a) words used in the present tense include the future;
b) words in the singular number include the plural; words in the plural include the singular;
c) the word 'used' includes 'arranged', 'designed', or 'intended to be used'; and
d) the word 'shall' is mandatory and the word 'may' is permissive.
Permitted Uses
5.
For the purposes of this By-law, if a use is not listed as a permitted use in any zone, it shall be
deemed to be a prohibited use in that zone.
Use of the Metric System
6.
Throughout this Land Use By-law, the metric system has been used followed by the approximate
imperial system equivalent in square brackets. Should any case arise where there appears to be a
discrepancy between the two figures, the metric figure shall prevail.
Land Use By-law for the Town of Port Hawkesbury
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PART 5
DEVELOPMENT AGREEMENTS AND SITE PLAN APPROVALS
Developments to be considered by Development Agreement
1.
The following developments shall be permitted only by development agreement, in accordance with
the Municipal Government Act and the Municipal Planning Strategy:
a) multiple unit dwellings over six (6) units within the residential designation according to
Policy L-1.4.2;
b) new mobile home parks and expansions to existing mobile home parks according to Policy L-
1.5.0; and
c) medical clinics and large home businesses according to Policy L-1.12.0.
Development Permits for Development Agreements
2.
A Development Permit may be issued for a development pursuant to the Municipal Government Act
provided:
a) the appeal period has lapsed or any appeals that may have been lodged have been dealt with by
the Nova Scotia Utility and Review Board; and
b) the development conforms to the terms of the development agreement.
Developments by Site Plan Approval
3. Pursuant to Section 231 of the Municipal Government Act, the following developments shall be
subject to Site Plan Approval:
a) Multiple-unit residential dwellings in the Residential Two-Unit (R-2) zone;
b) All developments in the Commercial Main Street (C5) zone.
4. The following evaluation criteria shall apply to any development undertaken pursuant to Part 5,
Section (3):
a) Any development must be in compliance with the requirements of the general regulations and
applicable zone, as found in the Land Use By-law;
b) Storm and surface water protection plans must be provided;
c) Within the Commercial Main Street (C5) Zone, the development must:
i. have regard to the Active Transportation Plan of the Town of Port Hawkesbury;
ii. have regard to the 'Destination Reeves: Complete Streets and Design Element Guide';
iii. provide an adequate landscaping plan for the property, including landscaping for the parking
area;
iv. mitigate potential land use conflicts with neighbouring properties by means of screening
around parking and open storage;
v. mitigate potential land use conflicts with neighbouring properties by means of lighting and
signage plans
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5. Notwithstanding Part 5, Section (4), Clause (a), the Development Officer may vary the following
provisions of the Land Use By-law through Site Plan Approval:
a) The minimum required front yard setback;
b) The minimum required number of off-street parking spaces down to 50% of the requirement of the
Land Use By-law; and,
c) Visual barrier requirements.
6. A site plan prepared in accordance with Part 5, Section (3) shall include the following, drawn to scale:
a) The location of existing (to remain) and proposed structures on the site;
b) The location of existing (to remain) and proposed off-street parking and loading facilities;
c) The location and width of existing (to remain) and proposed driveway accesses to public or private
roads;
d) The type, location and height of any retaining walls, fences, hedges, trees, shrubs or groundcover,
as well as any retained natural vegetation;
e) Any existing (to remain) and proposed grade alteration and storm surface water control
infrastructure;
f) The location of existing (to remain) and proposed walkways, noting the width and surface
materials;
g) The type and location of existing (to remain) and proposed outdoor lighting;
h) The location and type of any facilities and enclosures for the storage of garbage, recycling and
other waste materials;
i)
The location and type of any amenity area or facilities provided for users of the
development;
j)
The location of existing and proposed easements on the subject property;
k) The type, number and size of any existing (to remain) and proposed signs and sign
structures; and,
l)
Any provisions for the maintenance of any of the items referred to in this subsection.
7. The process for granting site plan approval follows the same process as that used for a variance, subject to
Section 236 of the Municipal Government Act.
Land Use By-law for the Town of Port Hawkesbury
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PART 6
PROVISIONS FOR ALL ZONES
A.
GENERAL PROVISIONS
These general provisions apply to all uses in all zones except where a specific zone or use is otherwise
exempt.
Accessory Buildings
1.
a) Accessory uses, buildings and structures shall be permitted in any zone within the Town of Port
Hawkesbury. Such uses, buildings or structures shall:
i) not be used for human habitation;
ii) within a residential zone, not be located within the front yard of the lot;
iii) within a non-residential zone, not be built closer to a street on which the main building
fronts than the main building is to that street;
iv) on a corner lot, the building shall be located in the rear yard or in the side yard which is not
adjacent to the flanking street;
v) not be built closer than 2.50 m [8.2 ft.] to a lot line in a Residential Rural (R5) Zone and
1.25 m [4.1 ft.] in any other zone except that:
a)
common semi-detached garages may be centered on the mutual side lot line;
b)
accessory buildings with no windows or perforations on the side of the building which
faces the said lot line may be located a minimum of 0.60 m [2.0 ft.] from the said lot
line in any residential zone, except in a Residential Rural (R5) Zone; and
c) boat houses and boat docks may be built to the lot line when the line corresponds to the
water's edge or is in the water;
vi) not exceed 4.60 m [15.1 ft.] in height, except for accessory buildings not associated with a
residential use in a Residential Rural (R5) Zone or accessory buildings in an Industrial (M1,
M2, M3) Zone;
viii) not exceed 70.0 m2 [753 ft.2] in total floor area, or 10% of the total lot area, except in a
Residential Rural (R5) or Industrial (M1, M2, or M3) Zone; and
ix) not be built within 1.80 m [5.9 ft.] of the main building, and
x) be consistent in architectural style with the main building on the lot.
b) Notwithstanding anything else in this By-law, drop awnings, clothes poles, flag poles, garden
trellises, fences and retaining walls shall be exempt from any requirements under Subsection 1
of this Part.
Accessory Uses Permitted
2.
Where this By-law provides that any land may be used or a building or structure may be erected or
used for a purpose, the purpose includes any use accessory thereof.
Building to Be Erected On a Lot
3.
Any building or structure to be erected or used shall be erected upon a single lot.
Building to Be Moved
4.
A development permit shall be required for every building to be moved within or into the area
covered by this By-law.
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Calculation of Lot Frontage for Corner Lots or Irregularly Shaped Lots
5.
The following means shall be used for the purposes of determining the lot frontage of corner lots or
irregularly shaped lots:
a) in the case of a corner lot with a corner vision triangle, the exterior lot lines shall be deemed to
extend to their hypothetical point of intersection for the purpose of calculating the frontage;
b) in the case of irregularly shaped lots, lot frontage shall be deemed to be the horizontal distance
between the side lot lines measured perpendicularly to a line joining the middle of the front lot
line with the middle of the rear lot line, at a point along this equal to the minimum applicable front
yard.
Corner Vision Triangle
6.
On a corner lot, any structure to be erected or vegetation shall not exceed a height of 0.60 m [2.0 ft.]
above grade within the triangular area created by joining the distance of 6.10 m [20.0 ft.] measured
from the intersection along the two street lines.
Existing Buildings
7.
Where a building has been erected on or before the effective date of this By-law on a lot having less
than the minimum frontage or area, or having less than the minimum setback or side yard or rear
yard required by this By-law, the building may be enlarged, reconstructed, repaired or renovated
provided that:
a) the enlargement, reconstruction, repair or renovation does not further reduce the yard that does
not conform to this By-law; and
b) all other applicable provisions of this By-law are satisfied.
Existing Lots
8.
Notwithstanding anything else in this By-law, the use of a building existing on a lot on the effective
date of this By-law may be changed to a use permitted on the lot where the lot width, front yard, or
area or any two or all of these is less than the requirements of this By-law provided that all other
requirements of this By-law are satisfied.
Existing Undersized Lots
9.
a) Notwithstanding anything else in this By-law, a lot in existence on the effective date of this By-
law having less than the minimum frontage or area required by this By-law may be used for a
purpose permitted in the zone in which the lot is located, and a building may be erected on the lot,
provided that all other applicable provisions in this By-law are satisfied.
b) An existing lot having less than the minimum frontage or area required by this By-law may undergo
a subdivision provided the undersized component is not further reduced and all other applicable
provisions of this By-law are satisfied. Such lots shall continue to be considered existing
undersized lots under this By-law.
Land Use By-law for the Town of Port Hawkesbury
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Frontage on A Street
10. A lot intended to be used or upon which a building or structure is to be erected; a development
permit shall be issued only where the lot abuts and fronts upon a public street, except in the
Industrial Waterfront (M3) Zone.
Front Yard for a Through Lot
11. In the case of a through lot, the front yard shall be deemed to be any yard which abuts either of the
two opposite public streets.
Height Regulations
12. The height regulations of this By-law shall not apply to church spires, water tanks, elevator
enclosures, silos, flagpoles, television or radio antennae, ventilators, skylights, barns, chimneys,
clock towers and power transmitters.
Illumination
13. Illuminated signs or lighting in an area outside any building shall be erected such that the
illumination is directed away from adjoining properties and any adjacent streets.
Loading Spaces
14. a) Any building or structure to be erected or enlarged which involves the frequent shipping, loading
or unloading of persons, animals or goods, shall maintain on the same premises with every such
building, structure or use, one off-street space for standing, loading and unloading for every
2800.0 m2 [30 139 ft2] or fraction thereof of building floor area used for any such purpose to a
maximum of six loading spaces.
b) Each loading space shall be at least 3.65 m [12.0 ft.] by 12.20 [40.0 ft.]with a minimum of 4.25
m [14 ft.] height clearance.
c) A loading space for any building with less than 140.0 m2 [1507 ft.2] shall be optional.
d) Loading spaces shall not be located within any required front yard or be located within any required
yard which abuts a Residential, Open Space, or Institutional Zone.
e) Loading space areas, including driveways leading thereto, shall be constructed of and
maintained with a stable surface which is treated to prevent the raising of dust or loose particles.
f) Access to the loading space areas shall be provided by means of unobstructed driveways of a
minimum width of 3.66 m [12.0 ft.] for one-way traffic or a minimum width of 7.32 m [24.0 ft.]
for two-way traffic.
Maximum Permitted Projection into Required Yard
15. Except for the portion of yard on which an accessory building is located, every part of any yard
required by this By-law shall be open and unobstructed by any structure from the ground to the sky
provided, however, that those structures listed in the following table shall be permitted to project
into the specified yard for the specified distances indicated.
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Structure
Yard
in
Which
Projection
is
Permitted
Maximum
Projection
From
Main
Wall
Permitted
Sills, belt courses, cornices,
eaves, gutters, chimneys, pilasters,
or canopies
Any yard
0.60 m [2.0 ft.]
Window bays
Front, rear and flanking yards only
1.00 m [3.3 ft.] and a
maximum width of 3.05
m [10.0 ft.]
Fire
escapes
and
exterior
staircases
Rear and side yards only
1.50 m [4.9 ft.] and a
maximum width of 3.05
m [10.0 feet]
Balconies
Front, rear and flanking yards only for
single unit, semi-detached, duplex and
triplex dwellings, any yard for other
residential buildings
1.80 m [5.9 ft.]
Roofed porches not exceeding
one storey in height; uncovered
terraces
Rear and flanking yards only
2.50 m [8.2 ft.] including
eaves and cornices
Handicap accesses
Any yard
To the lot line, provided
any required access is not
obstructed
Multiple Uses
16. Where any land or building is used for more than one purpose, all provisions of this By-law relating
to each use shall be satisfied. Where there is a conflict, such as in the case of lot size or lot frontage,
the higher or more stringent standard shall prevail.
Non-Conforming Uses
17. Non-conforming uses shall be subject to the applicable sections of the Planning Act.
Non-Developable Lots
18. Notwithstanding the lot area and frontage requirements found elsewhere in this by-law, a
development permit may be issued for any lot created pursuant to the subdivision by-law (lots with a
maximum area of 5,000 sq. ft.), for uses that do not require on-site septic or sewer services, provided
all other applicable requirements of this by-law are met.
One Main Building on a Lot
19. No more than one main building shall be erected on a lot except for:
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a) buildings located in Commercial or Industrial Zones;
b) non-residential buildings located in a Residential Rural (R5) Zone;
c) grouped dwellings located in a Residential Multiple Unit (R3) Zone; and
d) mobile homes located in a Mobile Home Park (R4) Zone.
Parking Requirements
20. For every building or structure to be erected or enlarged, there shall be provided and maintained off-
street parking located within the same zone as the use and having unobstructed access to a public street
in conformity with the following schedule:
Type of Building
Parking Required
a. A dwelling containing three (3)
or fewer dwelling units
One (1) parking space for each dwelling unit
b. All other dwellings
One and one-half (1.5) parking space for each dwelling unit
c. Senior citizen housing
One (1) parking space for every one (1) dwelling unit
d. Churches, church halls, auditoria,
restaurants,
theatres,
arenas,
halls, stadia, private clubs, and
other places of assembly
Where there are fixed seats one (1) parking space for every five
seats, or 3.05 m [10.0 ft.] of bench space. Where there are no
fixed seats, one (1) parking space for each 9.5 m2 [102 ft2 ] of
floor area devoted to public use
e. Hospitals and nursing homes
One (1) parking space for every two (2) beds or each 38.0 m 2
[409 ft2 ] of floor area, whichever is greater
f. Elementary schools
One and one-half (1.5) parking spaces for each teaching
classroom
g. High schools
Four (4) parking spaces for each teaching classroom
h. Offices
One (1) parking space per 28.0 m2 [301 ft2 ] of gross floor
area
i. Funeral homes
One (1) parking space for each five (5) seats capacity of the
chapel, with a minimum of ten (10) parking spaces
j. Bowling alleys and curling rinks
One (1) parking space for each two (2) persons in the designed
capacity of the establishment (designed capacity shall mean six
(6) persons per bowling lane and eight (8) persons per curling
sheet).For other permitted uses of the building, additional
parking spaces shall be provided in accordance with the
requirements set out in this By-law
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k. Hotels and motels
One (1) parking space per suite or rental unit plus one (1)
additional parking space for each 4.7 m2 [51 ft2 ] of floor area
devoted to public use (taverns, restaurants or auditoria)
exclusive of lobbies and halls
l.
Shopping centres
Parking area to be three (3) times floor area, exclusive of
common malls between stores
m.
Retail Stores
One (1) space per 14.0 m2 [150 ft2] of floor area
n.
All other commercial uses
One (1) parking space for each 28.0 m2 [301 ft2] of
commercial floor area
o.
Industrial uses
One (1) parking space for each 42.0 m2 [452 ft2 ] of gross
floor area, for any office space included in the development
parking shall be provided in accordance with the
requirements set out in this By-law
Parking Area Standards
21. Where parking facilities for more than four (4) vehicles are required or permitted:
a) the parking area shall be maintained with a stable surface that is treated to prevent the raising of
dust or loose particles;
b) the lights used for illumination of the parking lot or parking station shall be so arranged as to
divert the light away from streets, adjacent lots and buildings;
c) a structure, not more than 4.60 m [15.1 ft.] in height and not more than 4.7 m2
[51 ft2] in area may be erected in the parking area for the use of attendants;
d) the parking area shall be within 91.50 m [300.2 ft.] of the location which it is intended to serve,
and shall be situated in the same zone;
e) when the parking area is of a permanent hard surfacing, each parking space shall be clearly
demarcated and maintained as such;
f) no gasoline pumps or other service station equipment shall be located or maintained on the
parking lot;
g) approaches or driveways to any parking area, other than that required for a single unit dwelling,
semi-detached, or a duplex dwelling shall be defined by a curb of concrete or rolled asphalt and
the limits of the parking area shall be defined by a fence, curb or other suitable obstruction
designed to provide a neat appearance;
h) the location of approaches or driveways shall be not closer than 15.25 m [50.0 ft.] from the
limits of the right-of-way at a street intersection;
i) for commercial uses other than a shopping centre, a two way driveway shall be a minimum of
9.14 m [30.0 ft.] with a 4.57 m [15.0 ft.] radius;
j) for a shopping centre, a driveway shall be a minimum of 11.58 m [38.0 ft.] with two (2) exit
lanes of 3.35 m [11.0 ft.] each and one (1) entry lane of 4.88 m [16.0 ft.]
k) the width of a driveway leading to a parking area or an aisle in a parking area shall be a
minimum of 3.66 m [12.0 ft.] for one way traffic or a minimum of 5.49 m [18.0 ft.] for two way
traffic.
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Public Offices, Buildings and Utilities Permitted
22. Public offices, buildings and utilities shall be permitted in any zone provided that such uses conform
to the applicable requirements of the Institutional (I) Zone.
Reduced Lot Requirements
23. Notwithstanding the other requirements of this By-law and subject to the Subdivision By-law, an
approval for a plan of subdivision may be granted and a development permit issued where:
a) an area of land contains more than one main building built or placed on the land prior to August
6, 1984 and the subdivision creates the same number of lots or fewer as there are main buildings
provided that each proposed lot has a minimum frontage of 6.00 m [19.7 ft.];
b) a development component of a permanent nature such as a structure, driveway, well, or on-site
sewage disposal system is encroaching in or upon an immediately adjacent area of land and
subdivision is to the extent necessary and practical to remove the encroachment; or
c) a maximum of two lots are created which do not meet but are at least 90% of the minimum
required lot dimensions and/or lot areas in all zones except the Multiple Unit (R3) zone. Such
lots shall be considered the same as existing undersized lots.
Restoration to a Safe Condition
24. Nothing in this By-law shall prevent the strengthening or restoring to a safe condition of any
building or structure, provided that in the case of a non-conforming use, the provisions of the Municipal
Government Act shall prevail.
Side Yards on Corner Lots
25. Notwithstanding anything else in this By-law, on a corner lot in any zone, any part of a building or
accessory building shall not be erected closer than 6.10 m [20.0 ft.] to the lot line of the flanking street.
Swimming Pools
26. All swimming pools to be erected shall conform to the Town's Swimming Pool By-law.
Temporary Uses Permitted
27. a) The use or erection of a building, structure, scaffold, or other temporary buildings or structures
including a sales or rental office incidental to a construction project shall be permitted until the
main construction has been finished or discontinued for a period of sixty (60) days or unless no
development permit is in force. The temporary use shall be removed from the site within
fourteen (14) days of the completion of the main project. A development permit shall be
required for both the main construction project and the temporary use.
b) Uses erected for special uses and holidays shall be permitted provided that no such use remains
in place for more than thirty (30) consecutive days. The use shall be removed from the site
within seventy-two (72) hours of the completion of the event. A development permit shall be
required.
Truck, Bus and Coach Bodies
Land Use By-law for the Town of Port Hawkesbury
LUB - 16
28. No truck, bus, coach or street car body, or structure of any kind other than a mobile home or
dwelling unit erected and used in accordance with this and all other by-laws of the Town shall be used
for human habitation within the Town of Port Hawkesbury, whether or not same is mounted on wheels.
Yard and Density Exemption
29. a) Where a front, side or rear yard is required by this Land Use By-law, and part of the area of the
lot is:
i) usually covered by water or marsh
ii) beyond the rim of a river bank or watercourse, or
iii) between the top and toe of a cliff or embankment having a slope of 30 percent or more from
the horizontal;
the required yard shall be measured from the nearest main wall of the main building or structure
on the lot to the edge of said area covered by water or marsh, or to the rim of said river bank or
watercourse, or to the top of said cliff or embankment if such area is closer than the lot lines.
b) The areas mentioned above shall be excluded for purposes of calculating permissible densities
for townhouses and apartments.
Watercourses
30. Only structures directly related to flood control and erosion abatement shall be erected on lands
within 5.0 m [16.4 ft.] of the top of the bank of a watercourse or where a slope is greater than 15%.
All other structures and buildings shall be prohibited.
B.
SIGNS
General
1.
a) Where this By-law is inconsistent with the regulations respecting advertising signs on or near
public highways made or administered by the Province of Nova Scotia Department of
Transportation and Communications, the more restrictive regulations shall apply.
b) Unless otherwise stated in this By-law, all signs require a development permit. No permit to
erect a sign shall be issued unless all the sign provisions of this By-Law are satisfied.
Safety and Maintenance
2.
a) Every sign and all parts thereof, including framework, supports, background, anchors and wiring
systems shall be constructed and maintained in compliance with the building, electrical, and fire
prevention codes.
b) All signs and all parts thereof shall be kept in a good state of repair and maintenance.
Limit on Number of Signs
3.
a) For the purpose of this Section, where a multiple tenancy building is occupied by more than one
business, each business area shall be considered as a separate premise.
b) Further to Section 3(a), above, 'Business and Professional Offices' shall not be considered
multiple tenancy buildings.
c) Limits on the number of signs permitted on any premises at any one time are subject to the
following:
Land Use By-law for the Town of Port Hawkesbury
LUB - 17
i) a double-faced sign shall be considered as a single sign; and
ii) signs enumerated in Section 4 of this Part shall not be counted in calculating the total.
Signs Permitted in all Zones
4.
Notwithstanding signs which satisfy the provisions of Sections 6 through 9 of this Part, the
following signs are permitted in all zones, and do not require a development permit:
a) Signs with the name and address of a resident, not more than 0.5 m2 [5.4 ft2] in sign area;
b) 'No trespassing' signs or other such signs regulating the use of a property, not more than 0.2 m2
[2.2 ft2] in sign area;
c) Real estate signs which advertise the sale, rental or lease of premises not exceeding 0.5 m 2 [5.4
ft2] in sign area in a residential zone and 1.4 m2 [15 ft2] in all other zones;
d) Signs regulating or denoting on-premise traffic, parking or other signs denoting the direction or
function of various parts of a building or premises, provided such signs are less than 0.5 m 2 [5.4
ft2] in area;
e) Signs erected by a governmental body, or under the direction of such a body, and bearing no
commercial advertising, such as traffic signs, railroad crossing signs, safety signs, school signs,
or public election lists;
f) Memorial signs or tablets denoting the date of erection of a structure;
g) The flag, pennant, or insignia of any government, religious, charitable or fraternal organization;
h) A temporary sign incidental to construction and within the area designated for such purposes
having an area of not more than 4.7 m2 [51 ft2]; and
i) Signs which are affixed to the inside of a window and intended to be seen from the road.
Signs Prohibited in all Zones
5.
The following signs shall be prohibited in all zones within the Town of Port Hawkesbury:
a) Signs which incorporate any manner of flashing or moving illumination which varies in intensity
or which varies in colour;
b) Signs which have any visible moving or revolving parts or visible mechanical movement of any
description with the exception of electronic devices that indicate the time, date, weather conditions
or special events through the use of moving illuminated letters;
c) Any sign or sign structure which constitutes a hazard to public safety or health;
d) Signs which by reason of size, location, content, colouring, or manner of illumination obstruct
the vision of drivers, either when leaving a roadway or driveway, or obstruct or detract from the
visibility or effectiveness of any traffic sign or control device on public streets and roads;
d) Any sign which obstructs the free entrance or exit to a fire escape door, window or required exit;
e) Signs not erected by a public authority which make use of words such as 'STOP', 'LOOK',
'ONE WAY', 'DANGER', 'YIELD', or any similar words, phrases, symbols, lights, or
characters in such manner as to interfere with, mislead, or confuse traffic along a public road;
f) Any sign which no longer advertises the business conducted or product sold;
g) Signs on public property or within a public right-of-way, unless erected by a governmental body,
or unless required to be so located by order of a governmental body and no sign located on
public property or a public right-of-way shall bear any commercial advertising;
Land Use By-law for the Town of Port Hawkesbury
LUB - 18
h) Signs not erected by a public authority which are located at or near sharp road curves or below the
crest of a steep road grade;
i) Signs painted on, attached to, or supported by a utility pole or a natural object such as a tree,
stone or cliff;
j) String lights, other than temporary special events decorations, which are unshielded from off the
property on which they are located;
k) Searchlights, pennants, spinners, banners, and streamers except for occasions such as grand
openings, fairs, public festivals, exhibitions and similar occasions;
l) Signs not related to any business or use located on the lot or premise;
m) Signs that extend beyond a property line or project over a public right-of-way, corner visions
triangle, driveways or parking spaces;
n) Signs that are set back less than 1.50 m [4.9 ft.] from any street line; and
o) Signs that extend above or beyond the extremities of the wall in which they are attached, except
for permitted roof or projecting wall signs.
Mobile Signs
6.
a) Notwithstanding any signage provision in this By-law, within any commercial or industrial zone,
mobile signs shall be permitted only for business openings or for special occasions provided
that:
i) it is the only mobile sign on the lot;
ii) it will be located on the lot for a maximum period of thirty (30) consecutive days only;
iii) it has no moving parts or includes any flashing or unshielded lights; and
iv) it does not exceed 1.9 m2 [20.5 ft2] in sign area.
b) Any mobile sign shall not be permitted on a lot for more than three (3) thirty (30) day periods in
any calendar year.
All Residential Zones
7.
a) Signs shall be limited to one per lot, and shall advertise only the activity that is legal on the
property.
b) No sign shall exceed 0.5 m2 [5.4 ft2] in sign area, or exceed 1.50 m [4.9 ft.] in height in the case
of a freestanding sign.
Commercial Neighbourhood (C1), Granville Street/Waterfront Development (C2) and Industrial
Waterfront (M3) Zones
8.
a) Signs shall be limited to one (1) ground sign per lot and one (1) projecting wall sign for each
business premise. Facial wall signs shall be subject to Section 8(c) and any such sign shall
advertise only the activity that is legal on the property.
b) Ground Signs
i) One ground sign not exceeding 0.9 m2 [9.7 ft2] in sign area on a single face sign or 1.9 m2
[20.5 ft2] of sign area for both faces combined shall be permitted. Signs for more than one
business occupying a single property shall be consolidated in a multiple occupancy ground
sign.
ii) Ground signs shall not exceed a height of 3.05 m [10.0 ft.] from the grade level to the
highest part of the sign.
Land Use By-law for the Town of Port Hawkesbury
LUB - 19
c) Facial Wall Signs
i) The total facial wall sign area shall cover no more than five (5) per cent of the wall on which
the sign is affixed with proportional allocation for each business premise in case of multiple
occupancy buildings.
ii) In the case of multiple occupancy buildings, the number of facial wall signs shall be
determined based on a formula of one (1) sign per business premise.
iii) In the case of business and professional offices, the number of facial wall signs shall be
limited to one (1).
Commercial Highway (C3) Zone, Commercial Main Street (C5) Zone and Commercial Restricted
(C-4) Zone
9.
a) Signs shall be limited to one (1) ground, one (1) close proximity drive through advertising sign
and one (1) roof sign per lot. In addition, one (1) projecting wall sign shall be permitted for
each business premise and facial wall signs shall be limited subject to Section 8(c) and any such
sign shall advertise only an activity that is legal on the property.
b) Ground Signs
i) One ground sign not exceeding 6.5 m2 [70 ft2] in sign area on a single face sign or 13.0 m2
[140 ft2] of sign area for both faces combined shall be permitted. Signs for more than one
business occupying a single property shall be consolidated in a multiple occupancy ground
sign.
ii) Ground signs shall not exceed a height of 11.0 m [36.0 ft.] from the grade level to the
highest part of the sign.
c) Close Proximity Drive Through Advertising Signs
i) Not withstanding Section 5 (l), signage may advertise businesses or uses which are not located
on the lot or premise.
ii) One close proximity drive through advertising sign not exceeding 4.65 m² (50 ft²) in sign area
on a single face shall be permitted.
iii) Close proximity drive through advertising signs shall not exceed a height of 3.05 m (10.0 ft.)
from the grade level to the highest part of the sign.
iv) Close proximity drive through advertising signs must be within a minimum of 6.10 m (20ft.)
and facing an abutting drive through establishment.
d) Roof Signs
No roof sign shall exceed more than 9.5 m2 [102 ft2] in sign area, exceed 0.60 m [2.0 ft.] in height or
extend beyond the lateral extremities of the roof upon which it is attached.
e) Projecting Wall Signs
No projecting wall sign shall exceed 1.9 m2 [20.5 ft2] in sign area or project more than 1.80 m [5.9
ft.] from the wall upon which it is attached or be permitted to swing freely on its supports.
f) Facial Wall Signs
i) The total facial wall sign area shall cover no more than ten (10) per cent of the wall on
which the sign is affixed with proportional allocation for each business premise in case of
multiple occupancy buildings.
ii) In the case of multiple occupancy buildings, the number of facial wall signs shall be determined
based on a formula of one (1) sign per business premise plus two (2) additional signs.
Land Use By-law for the Town of Port Hawkesbury
LUB - 20
iii) In the case of business and professional offices, the number of facial wall signs shall be
limited to three (3).
Mixed Use (M1) and Industrial Extractive (M2) Zones
10. a) Signs shall be limited to one (1) ground sign per lot and one (1) projecting wall sign for each
business premise, and facial wall signs shall be limited subject to Section 9(e) and any such
signs shall only advertise the activity that is legal on the property.
b) Ground Signs
i) One ground sign not exceeding 9.5 m2 [102 ft2] in sign area on a single face sign or 18.6 m 2
[200 ft2] of sign area for both faces combined shall be permitted. Signs for more than one
business occupying a single property shall be consolidated into a multiple occupancy ground
sign.
ii) Ground signs shall not exceed a height of 7.65 m [25.1 ft.] from the grade level to the
highest part of the sign.
c) Roof Signs
No roof sign shall exceed more than 9.5 m2 [102 ft2] in sign area or exceed
0.60 m [2.0 ft.] in height or extend beyond the lateral extremities of the roof upon which it is
attached.
d) Projecting Wall Signs
No projecting wall sign shall exceed 1.9 m2 [20.5 ft2] in sign area or project more than 1.80 m [5.9
ft.] from the wall upon which it is attached or be permitted to swing freely on its supports.
e) Facial Wall Signs
i) The total facial wall sign area shall cover no more than fifteen (15) per cent of the wall on
which the sign is affixed with proportional allocation for each business premise in case of
multiple occupancy buildings.
ii) In the case of multiple occupancy buildings, the number of facial wall signs shall be determined
based on a formula of one (1) sign per business premise plus two (2) additional signs.
iii) In the case of business and professional offices the number of facial wall signs shall be
limited to three (3).
Land Use By-law for the Town of Port Hawkesbury
LUB - 21
PART 7
GENERAL PROVISIONS FOR ALL RESIDENTIAL ZONES
Home Occupations and Business/Professional Uses Permitted in Residential Zones
1.
Nothing in this By-law shall prevent the use of a dwelling in a Residential (R1, R2, R3, or R5) Zone
for a home occupation or business/professional purpose, provided compliance with the following:
a) the dwelling is owned or occupied as a residence by the operator of the home occupation or
business/professional use and the external appearance of the dwelling is not changed by the
home occupation or business/professional use;
b) there shall not be more than one (1) assistant who is not a resident in the dwelling employed in
the business or profession;
c) the home occupation shall not be obnoxious or dangerous by reason of emission of odour,
smoke, dust, soot, dirt, noise, gas fumes, vibration, water carried waste or other offensive emission
or refuse;
d) not more than twenty-five (25) percent of the total floor area of the dwelling is devoted to the
home occupation or business/professional use, to a maximum of 37.5 m2 [404 ft2];
e) home occupations shall be prohibited in accessory buildings within the R1 zone. In the R2, R3,
or R5 zones, a home occupation shall not occupy more than fifty (50) percent of the total floor
area of the accessory building;
f) one (1) off-street parking space, other than that required for the dwelling, shall be provided for
every 18.5 m2 [199 ft2] of floor space occupied by the business or professional use;
g) mechanical equipment is not used, except that reasonably consistent with the use of a dwelling;
h) outdoor storage or display shall not be permitted except that which is reasonably consistent with
the use of a dwelling; and
i) a development permit for the home occupation has been issued by the Development Officer.
Conformity with Existing Setbacks
2. Notwithstanding anything else in this By-law, proposed structures to be built between existing
buildings within a distance of 61.00 m [200.1 ft.] and on the same block may be built with a
setback equal to the average setback of the adjacent buildings. This depth shall not be less than
3.05 m [10.0 ft.] from the front lot line and need not be greater than the set-back regulations
prescribed in the zone in which it is situated.
Parking of Commercial Motor Vehicles
3.
a) For the purpose of this Part, 'Commercial Motor Vehicles' shall mean any motor vehicle having
permanently attached thereto a truck or delivery body and includes ambulances, hearses, motor
buses, tractors and taxicabs.
b) No commercial motor vehicle shall be parked or stored in a R1, R2, R3 or R4 Zone except for
one (1) commercial vehicle not exceeding three-quarter (3/4) ton capacity and used by the owner
or occupant of the lot.
c) Notwithstanding subsection (b) of this Section, no commercial motor vehicle shall be parked or
stored on any vacant lot in a R1, R2, R3, or R4 Zone.
Land Use By-law for the Town of Port Hawkesbury
LUB - 22
Special Requirement: Frontage on Corner Lots
4.
The minimum frontage required for corner lots shall be 23.00 m [75.5 ft.].
Special Requirement: Driveways on Corner Lots
5.
Notwithstanding anything else in this By-law, corner lots within a Residential Single Unit (R1) or
Residential Two Unit (R2) Zone shall be permitted a maximum of two (2) driveways, subject to the
approval of the Engineering and Works Department of the Town of Port Hawkesbury
Land Use By-law for the Town of Port Hawkesbury
LUB - 23
PART 8
RESIDENTIAL SINGLE UNIT (R1) ZONE
R1 Uses Permitted
1.
No development permit shall be issued in a Residential Single Unit (R1) Zone except for the
following uses:
Single unit detached dwellings
Parks and community centres subject to the Open Space (O1) Zone requirements
General Lot Requirements
2.
In any Residential Single Unit (R1) Zone, no development permit shall be issued except in
conformity with the following requirements:
a)
Where municipal water and sewer services are available:
Minimum Lot Area
560.0 m2 [6020 ft2]
Minimum Lot Frontage
18.25 m [59.9 ft.]
Minimum Front Yard
7.65 m [25.1 ft.]
Minimum Side Yard
i)
one side
ii)
other side
2.50 m [8.2 ft.]
3.05 m [10.0 ft.]
Minimum Rear Yard
7.65 m [25.1 ft.]
Maximum Height of Main Building
10.70 m [35.1 ft.]
Maximum Lot Coverage
35%
b)
Where municipal water and sewer services are not available:
Minimum Lot Area
1860.0 m2 [20020 ft2]
Minimum Lot Frontage
36.60 m [120.1 ft.]
Minimum Front Yard
7.65 m [25.1 ft.]
Minimum Side Yard
i) one side
ii) other side
2.50 m [8.2 ft.]
3.05 m [10.0 ft.]
Minimum Rear Yard
10.70 m [35.1 ft.]
Maximum Height of Main Building
10.70 m [35.1 ft.]
Maximum Lot Coverage
35%
Land Use By-law for the Town of Port Hawkesbury
LUB - 24
Special Side Yard Requirement: Attached or Incorporated Garages
3. Where a dwelling includes an attached garage or a garage incorporated into the unit, the side yard
with the garage may be reduced and calculated by the following method:
minimum side yard requirement = 0.61 m + (0.61 m * number of stories of the dwelling)
[2 ft. + (2 ft. * number of stories of the dwelling)]
The other side yard shall be a minimum of 2.50 m [8.2 ft.].
Land Use By-law for the Town of Port Hawkesbury
LUB - 25
PART 9
RESIDENTIAL TWO-UNIT (R2) ZONE
R2 Uses Permitted
1.
No development permit shall be issued in a Residential Two Unit (R2) Zone except for
the following uses:
a)
Single unit detached
dwellings b)
Duplex dwellings
c)
Semi-detached dwellings
d)
Converted dwellings to a maximum of two (2) units
e)
Boarding or rooming houses, to a maximum six (6)
boarders/roomers f)
Bed and breakfast establishments, to a maximum
of four (4) units
g)
Parks and community centres subject to the Open Space (O1) Zone requirements
h)
Multiple-Unit Dwellings with three (3) to five (5) units, subject to Site Plan Approval
i)
Existing funeral parlours and undertaker establishments
General Lot Requirements
2.
In any Residential Two Unit (R2) Zone, no development permit shall be issued except
in conformity with the following requirements:
a)
Where municipal water and sewer services are available:
Single-Detached
Dwellings / Duplex
Dwellings
Semi Detached
Dwellings (For
each dwelling
unit)
Converted
Dwellings,
Boarding or
Rooming
Houses and Bed and
Breakfast
Establishments
Multiple-Unit
Dwellings
Minimum Lot
Area
560.0 m2
[6020 ft2]
280.0 m2
[3014 ft2]
560.0 m2 [6020 ft2]
for the first 2 units or
3guest rooms and
186.0m2 [2002 ft2]
for eachguest room
over 3
930.0 m2
[10010ft2]
Minimum Lot
Frontage
18.25 m [59.9ft.]
9.00 m [29.5 ft.]
18.25 m [59.9 ft.]
30.05 m. (100 ft.)
Minimum Front
Yard
7.65 m [25.1 ft.]
6.10 m. [20.0 ft.]
6.10 m. [20.0 ft.]
Min. Side Yard
i) one side
ii) other side
2.50 m [8.2 ft.]
3.05 m [10.0 ft.]
3.05 m [10.0 ft.]
0 m [0 ft.]
1.25 m [4.1 ft.]
3.05 m [10.0 ft.]
2.50 m [8.2 ft.]
3.05 m [10.0 ft.]
Minimum Rear
Yard
7.65 m [25.1 ft.]
6.10 m. [20.0 ft.]
7.65 m [25.1 ft.]
Maximum Height
of Main Building
10.70 m [35.1ft.]
10.70 m [35.1ft.]
Maximum Lot
Coverage
35%
35%
Land Use By-law for the Town of Port Hawkesbury
LUB - 26
b) Where municipal water and sewer services are not available:
Detached Dwelling
Duplex Dwelling
Semi Detached Dwelling
(For each Dwelling unit)
Minimum Lot Area
1860.0 m2 [20020 ft2]
1860.0 m2 [20020 ft2]
930.0 m2 [10010 ft2]
Minimum Lot Frontage
36.60 m [120.1 ft.]
36.60 m [120.1 ft.]
18.25 m [59.9 ft.]
Minimum Front Yard
7.65 m [25.1 ft.]
7.65 m [25.1 ft.]
7.65 m [25.1 ft.]
Minimum Side Yard
i) one side
ii) other side
2.50 m [8.2 ft.]
3.05 m [10.0 ft.]
2.50 m [8.2 ft.]
3.05 m [10.0 ft.]
3.05 m [10.0 ft.]
0 m [0 ft.]
Minimum Rear Yard
10.70 m [35.1 ft.]
10.70 m [35.1 ft.]
10.70 m [35.1 ft.]
Maximum
Height
of
Main Building
10.70 m [35.1 ft.]
10.70 m [35.1 ft.]
10.70 m [35.1 ft.]
Maximum Lot Coverage
35%
35%
35%
Accessory Apartments
3.
Nothing in this By-law shall prevent the establishment of an accessory unit in a single unit dwelling
in a Residential Two Unit (R2) Zone provided that:
a) the floor area does not exceed fifty (50) per cent of the gross floor area of the residence to a
maximum of the gross floor area of the main floor;
b) there is a limit of one (1) accessory unit per dwelling;
c) one (1) additional parking space is provided;
d) all applicable provisions of the National Building Code are complied with; and
e) a development permit for the accessory unit has been issued.
Special Side Yard Requirement: Attached and Incorporated Garages
4.
Where a dwelling includes an attached garage or a garage incorporated into the unit, the side yard
with the garage may be reduced and calculated by the following method:
minimum side yard requirement = 0.61 m + (0.61 m * number of stories of the dwelling)
[2 ft. + (2 ft. * number of stories of the dwelling)]
The other side yard shall be a minimum of 2.50 m [8.2 ft.].
Special Requirements: Bed and Breakfast Establishments
5.
In addition to all other requirements, the following provisions shall apply to bed and breakfast
establishments in a Residential Two Unit (R2) Zone:
a) Additions - No addition or alteration may be undertaken except for the addition of dormers.
b)
Parking - Parking shall be provided in the side or rear yard of the lot only (see Section 20
of Part 6A).
Land Use By-law for the Town of Port Hawkesbury
LUB - 27
Special Requirement - Municipal Water and Sewer
6.
A development permit shall be issued for a multiple-unit dwelling in a Residential Two-Unit (R2)
Zone only where municipal water and sewer services are available.
Land Use By-law for the Town of Port Hawkesbury
LUB - 27
PART 10
RESIDENTIAL MULTIPLE UNIT (R3) ZONE
R3 Uses Permitted
1.
No development permit shall be issued in a Residential Multiple Unit (R3) Zone except for one or
more of the following uses:
-
Multiple unit dwellings with six (6) or fewer units
-
Existing Multiple Unit Dwellings with More than Six (6) Units
-
Row houses with six (6) or fewer units
-
Double duplex dwellings
-
Triplexes
-
Converted dwellings with three (3) or more but fewer than six (6) dwelling units
General Lot Requirements
2.
In a Residential Multiple Unit (R3) Zone, no development permit shall be issued except in
conformity with the following requirements:
Triplex
Dwellings
Row
house
Dwellings
Multiple
Unit
Dwellings
and
Double Duplexes
Converted
Dwellings
Minimum Lot Area
605.0 m2 [6512
ft2]
280.0 m2 [3014
ft2] per unit
930.0 m2 [10010
ft2] for the first 4
units, plus 140.0
m2 [1507 ft2] for
each
additional
unit
605.0 m2
[6512 ft2] for the
first 3 units, plus
140.0 m2 [1,507
ft2]
for
each
additional unit
Minimum
Lot
Frontage
20.00 m [65.6
ft.]
6.10 m [20.0 ft.]
per unit
30.50 m [100.1
ft.]
20.00 m [65.6 ft.]
Minimum Front Yard
7.65 m [25.1 ft.]
7.65 m [25.1 ft.]
10.70 m [35.1 ft.]
7.65 m [25.1 ft.]
Minimum Side Yard:
i) one side
ii) other side
4.60 m [15.1 ft.]
4.60 m [15.1 ft.]
4.60 m [15.1 ft.]
4.60 m [15.1 ft.]
4.60 m [15.1 ft.]
4.60 m [15.1 ft.]
4.60 m [15.1 ft.]
4.60 m [15.1 ft.]
Minimum Rear Yard
7.65 m [25.1 ft.]
7.65 m [25.1 ft.]
10.70 m [35.1 ft.]
7.65 m [25.1 ft.]
Maximum Height of
Main Bldg.
10.70 m
[35.1 ft.]
10.70 m
[35.1 ft.]
10.70 m [35.1 ft.]
10.70 m [35.1 ft.]
Maximum
Lot
Coverage
35 %
35 %
35 %
35 %
Special Requirements: Multiple Unit & Row House Dwellings
3.
Notwithstanding the R3 Zone requirements or anything else in this By-law, the following provisions
shall apply to grouped multiple unit and row house dwellings:
Land Use By-law for the Town of Port Hawkesbury
LUB - 28
a) the minimum distance between grouped dwellings shall be 6.10 m [20.0 ft.] or half (1/2) the
height of the higher of the two buildings, whichever is greater; and
b) the maximum number of units in a row house dwelling shall be six (6).
Special Requirements: Converted Dwellings
4.
In addition to all other requirements, the following provisions shall apply to converted dwellings in a
Residential Multiple Unit (R3) Zone:
a) Additions - No additions or alterations may be undertaken which changes the roof line or
increases the height (except for the addition of dormers), or extends into the required front or
side yard of the lot (except for structures necessary for public safety purposes such as fire escapes).
b) Parking - Parking shall be provided in the side or rear yard of the lot only (see Section 20 of Part
6A).
Municipal Water and Sewer Requirement
5.
A development permit shall be issued in a Residential Multiple Unit (R3) Zone only where
municipal water and sewer services are available.
Land Use By-law for the Town of Port Hawkesbury
LUB - 29
PART 11
MOBILE HOME PARK (R4) ZONE
R4 Uses Permitted
1.
No development permit shall be issued in a Mobile Home Park (R4) Zone except for one or more of
the following uses:
-
Mobile home parks
-
Recreational uses, park and playgrounds
-
Mobile home park offices
-
Structures related and incidental to the operation of the mobile home park such as
laundry facilities and mail depots
General Mobile Home Park Requirements
2.
In a Mobile Home Park (R4) Zone, no development permit shall be issued except in conformity with
the following requirements:
Minimum lot area of mobile home park
2.02 ha [5 acres]
Minimum setback of mobile home park from lot line
6.10 m [20 ft.]
Minimum spacing between mobile homes
Subject to the National Building Code
Municipal Water and Sewer Requirement
3. A development permit shall be issued in a Mobile Home Park (R4) Zone only where
municipal water and sewer services are available.
4.
Skirting Requirement
4.
In the Mobile Home Park (R4) Zone, the entire undercarriage of a mobile home shall be skirted with
an opaque material.
Landscaping Requirement
5.
The mobile home park shall be provided with a landscaped strip or an opaque fence of a minimum
height of 1.25 m [4.1 ft.]:
a) along any lot line that abuts a street, exclusive of driveway accesses; and
b) along any side or rear lot line.
6.
Notwithstanding Section 5 of this Part, where a mobile home park is located on a corner lot, Part 6A,
Section 6 shall prevail within 6.10 m [20 ft.] of the intersection.
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PART 12
RESIDENTIAL RURAL (R5) ZONE
R5 Uses Permitted
1.
No development permit shall be issued in a Residential Rural (R5) Zone, except for one or more of
the following uses:
-
Single unit detached dwellings
-
Boarding and rooming houses, to a maximum of six (6) units
-
Bed and breakfast establishments, to a maximum of four (4) units
-
Agricultural & forestry uses, except intensive livestock operations, fur farms and sawmills
-
Apiaries and aviaries
-
Animal kennels or stables
-
Recreational uses
-
Veterinary establishments
General Lot Requirements
2.
In a Residential Rural (R5) Zone, no development permit shall be issued except in conformity with
the following requirements:
Minimum Lot Area
3720.0 m2 [40042 ft2]
Minimum Lot Frontage
61.00 m [200.1 ft.]
Minimum Front Yard
7.65 m [25.1 ft.]
Minimum Side Yard (both sides)
3.65 m [12.0 ft.]
Minimum Rear Yard
7.65 m [25.1 ft.]
Maximum Height of Main Building
10.70 m [35.1 ft.]
Maximum Lot Coverage
10%
Accessory Apartments
3.
Nothing in this By-law shall prevent the establishment of an accessory unit in a dwelling in a
Residential Rural (R5) Zone provided that:
a) the floor area does not exceed fifty (50) per cent of the gross floor area of the residence to a
maximum of the floor area of the main floor;
b) there shall be a limit of one (1) accessory unit per dwelling;
c) an additional parking space shall be provided;
d) all applicable provisions of the National Building Code are complied with; and
e) a development permit for the accessory unit has been issued.
Exceptions: Residential Development
4. Nothing in this By-law shall prevent the erection of a detached dwelling on a lot registered in
the Registry Office prior to the effective date of this By-law provided that the provisions of
Section 9 of Part 6A is satisfied.
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Special Requirements: Bed and Breakfast Establishments
5. In addition to all other requirements, the following provisions shall apply to bed and breakfast
establishments in a Residential Rural (R5) Zone:
a) Additions - No addition or alteration may be undertaken except for the addition
of dormers;
b) Parking - Parking shall be provided in the side or rear yard of the lot only (see
Section 20 of Part 6A).
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PART 13
GENERAL PROVISIONS FOR ALL COMMERCIAL ZONES
Abutting Zone Provisions
1.
Where a Commercial Zone abuts a Residential (R1, R2, R3 or R4), Open Space, or Institutional
Zone, the following restrictions shall apply to the abutting yard within the Commercial Zone.
a) Minimum side yard requirement for the abutting side yard shall be 6.10 m [20.0 ft.].
b) No outdoor display or outdoor storage shall be permitted in an abutting yard in the Commercial
Zone.
c) No parking space shall be permitted in an abutting yard within 6.10 m [20.0 ft.] of a side or rear
lot line in the Commercial Zone.
d) In addition to the provisions of Part 6B of this By-law, signs located in an abutting yard shall be
subject to the following requirements:
i) all signs shall be non-illuminated;
ii) only directional or business identification signs shall be permitted;
iii) the maximum sign area shall be 1.4 m2 [15 ft2];
iv) the maximum height of a ground sign from the grade level to the highest part of the sign
(including the sign structure) shall be 3.65 m [12.0 ft.]; and
v) all signs shall be set back at least 3.05 m [10.0 ft.] from the abutting property line.
e) A landscaped berm or an opaque fence of a minimum height of 1.80 m [5.9 ft.] that abuts the lot
line and runs the full length of the lot line excluding any driveway accesses shall be provided
along any side or rear lot line adjacent to the non-Commercial zone.
Restrictions on Open Storage, Outdoor Display and Garbage Bins
2.
a) Outdoor display or outdoor storage shall be permitted only within a Commercial Highway (C3)
Zone or Commercial Main Street (C5) Zone.
b) Where a lot is to be used primarily for outdoor display or outdoor storage within a Commercial
Highway (C3) Zone or Commercial Main Street (C5) Zone, the following restrictions shall apply:
i) outdoor storage shall not be permitted within any required front yard of a lot;
ii) outdoor display shall not be permitted within 3.05 m [10.0 ft.] of the lot line; and
iii) the area devoted to outdoor display or outdoor storage shall not exceed fifty (50) percent of
the total lot area.
3.
All garbage bins associated with a commercial use shall be screened by an opaque fence at a height
adequate to visually screen the bin.
Special Provisions: Automobile Service Stations
4.
Where an automobile service station is permitted, the following special provisions shall apply:
a) minimum lot frontage: 45.75 m [150.1 ft.];
b) no portion of any pump island shall be located closer than 6.10 m [20.0 ft.] from any street line;
c) the minimum distance between ramps or driveways shall not be less than 9.00 m [29.5 ft.];
d) the minimum distance from a ramp or driveway to a street intersection shall be
15.25 m [50.0 ft.];
Land Use By-law for the Town of Port Hawkesbury
LUB - 33
e) the minimum angle of intersection of a ramp to a street line shall be forty-five (45) degrees;
f) the width of a ramp shall be a minimum of 6.10 m [ 20.0 ft.]; and a maximum of
7.65 m [25.1 ft.];
g) a weather canopy for service station pump islands may be erected provided that no part of the
canopy is located within 4.00 m [13.1 ft.] of the street or lot line and in no case shall the weather
canopy extend beyond the front lot line;
h) the minimum clearance between the established grade and the lowest point on the service station
canopy is 4.25 m [13.9 ft.]; and
i) the maximum height between the established grade and the highest point of the service station
canopy shall not exceed 6.10 m [ 20.0 ft.].
Land Use By-law for the Town of Port Hawkesbury
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PART 14
COMMERCIAL NEIGHBOURHOOD (C1) ZONE
C1 Uses Permitted
1.
No development permit shall be issued in a Commercial Neighbourhood (C1) Zone except for the
following uses:
-
Arts, crafts and antique shops
-
Bakeries
-
Convenience stores
-
Gift shops
-
Ice cream shops
-
Service and personal service shops
-
Dwelling units located over commercial establishments to a maximum of six (6)
dwelling units for each store
General Lot Requirements
2.
In a Commercial Neighbourhood (C1) Zone, no development permit shall be issued except in
conformity with the following requirements:
Minimum Lot Area
560.0 m2 [6020 ft2]
Minimum Lot Frontage
18.25 m [59.9 ft.]
Minimum Front Yard
7.65 m [25.1 ft.]
Minimum Side Yard
i)
one side
ii)
other side
4.60 m [15.1 ft.]
3.05 m [10.0 ft.]
Minimum Rear Yard
7.65 m [25.1 ft.]
Maximum Height of Main Building:
14.0 m [45.9 ft.]
Maximum Floor Area
3.
In a Commercial Neighbourhood (C1) Zone, the maximum amount of floor area permitted for non-
residential purposes shall be 93.0 m2 [1001.0 ft2] exclusive of utility and washrooms.
Residential Uses above Commercial Uses
4.
Residential units above the commercial use shall be subject to all applicable National Building Code
requirements.
Land Use By-law for the Town of Port Hawkesbury
LUB - 35
PART 15
GRANVILLE STREET/WATERFRONT DEVELOPMENT (C2) ZONE
C2 Uses Permitted
1.
No Development permit shall be issued in a Granville Street/Waterfront Development (C2) Zone
except for the following uses:
-
Banks and financial institutions
Photography studios
-
Bed and breakfast establishments (to a
maximum of four units)
-
Business and professional offices
Private recreation centres
-
Craft Beverage Facility
Public parks and recreation areas
-
Dressmaking and tailoring shops
Repair shops
-
Existing residential uses
Restaurants
-
Hotels and motels
Retail stores
-
Marinas and boat clubs
Service and personal service shops
-
Parking lots and parking structures
Wharves and docks
-
Pavilions and band shells
-
Residential dwellings including those located above a commercial use
-
Institutional uses subject to the Institutional (I) Zone requirements
-
Places of entertainment, recreation, and assembly
General Lot Requirements
2.
In the Granville Street/Waterfront Development (C2) Zone, no development permit shall be issued
except in conformity with the following requirements:
Minimum Lot Area
465.0 m2 [5005 ft2]
Minimum Lot Frontage
15.25 m [50.0 ft.]
Minimum Front Yard
3.05 m [10.0 ft.]
Minimum Side Yard
i)
one side
ii)
other side
3.05 m [10.0 ft.]
1.80 m [5.9 ft.] (Can be reduced to 0.0 m [0.0 ft.] subject to
appropriate National Building Code standards)
Minimum Rear Yard
3.05 m [10.0 ft.]
Maximum Height of Main Building
14.0 m [45.9 ft.]
Special Exemption: Parking Requirements
3.
Notwithstanding the provisions of Section 20 of Part 6A, Council may, within the Granville
Street/Waterfront Development (C2) Zone, accept cash-in-lieu of the required on-site parking or a
Land Use By-law for the Town of Port Hawkesbury
LUB - 36
combination of parking spaces and cash for the balance of the required parking from the developer.
The cash-in-lieu contribution shall be calculated with the following formula:
Developer's contribution = [S + (L x 280)] x R x 0.5
S = structural cost of a single parking space to be set by Council by resolution on an annual basis.
L = current assessed value per square foot of land within the Granville Street/Waterfront
Development Zone.
280 = number of square feet allotted to one parking space.
R = number of parking spaces for which payment in lieu is required by the developer.
0.5 = developer's share of the actual cost of parking spaces for which cash-in-lieu is desired.
Special Requirement: Design Requirements
4.
In the Granville Street/Waterfront Development (C2) Zone, the following design requirements shall
apply to the development of a new main building on a lot:
a) the building shall be constructed in a manner that its length is perpendicular to the front lot line;
b) the building's roof line shall be pitched with a minimum slope of ten (10) degrees;
c) dormers and gables shall be permitted; and
d) for rectangular window openings the height of the window sashes shall exceed the width of the
window.
Special Requirements: Bed and Breakfast Establishments
5. In addition to all other requirements, the following provisions shall apply to bed and
breakfast establishments in Granville Street/Waterfront Development (C2) Zone:
a) Additions - No addition or alteration may be undertaken except for the addition of dormers.
b) Parking - Parking shall be provided in the side or rear yard of the lot only (see also
Section 20 of Part 6A).
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PART 16
COMMERCIAL HIGHWAY (C3) ZONE
C3 Uses Permitted
1. No development permit shall be issued in a Commercial Highway (C3) Zone except for the
following uses:
-
Animal hospitals and veterinary establishments
-
Automobile sales establishments
-
Automobile service stations including automobile washing establishments
-
As an accessory use conducted on the same lot as the main building
-
Banks and financial institutions
-
Business and professional offices
-
Clubs
-
Dry cleaning and laundry distribution facilities
-
Food and grocery stores
-
Funeral monument sales and display establishments
-
Funeral parlours and undertaker establishments
-
Garden and nursery supplies and sales establishments
-
Hotels, motels and other tourist establishments
-
Indoor recreational establishments
-
Institutional uses subject to the Institutional (I) Zone requirements
-
Medical clinics
-
Printing establishments
-
Restaurants and drive-in restaurants
-
Retail lumber and home improvement supplies establishments
-
Retail sales establishments within wholly enclosed buildings
-
Sales and rental establishments for boats, trailers and snowmobiles
-
Shopping centres
General Lot Requirements
2.
In a Commercial Highway (C3) Zone, no development permit shall be issued except in conformity
with the following requirements:
a) All uses except shopping centres:
Minimum Lot Area
2800.0 m2 [30139 ft2]
Minimum Lot Frontage
61.00 m [200.1 ft.]
Minimum Front Yard
7.62 m [25.0 ft.]
Minimum Side Yard (both sides)
6.10 m [20.0 ft.]
Minimum Rear Yard
12.20 m [40.0 ft.]
Maximum Height of Main Building
14.0 m [45.9 ft.]
Land Use By-law for the Town of Port Hawkesbury
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b)
For shopping centres only:
Minimum Lot Area
7435.0 m2 [80029 ft2]
Minimum Lot Frontage
30.5 m [100 ft.]
Minimum Front Yard
7.62 m [25.0 ft.].
Minimum Side Yard
7.65 m [25.1 ft.]
Minimum Rear Yard
12.20 m [40.0 ft.]
Maximum Height of Main Building
14.0 m [45.9 ft.]
Special Requirement: Driveways for Shopping Centres
3.
a) All access driveways or highway ramps for a shopping centre shall enter onto an arterial or
collector road as shown on the Transportation Map, Map 1 of the Municipal Planning Strategy.
b) The access driveway or highway ramp shall not be located within 36.60 m [120.1 ft.] of
the closest boundary of a street intersection.
Land Use By-law for the Town of Port Hawkesbury
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PART 17
COMMERCIAL RESTRICTED (C-4) ZONE
C4 Uses Permitted
1. No development permit shall be issued in a Commercial Restricted (C-4) Zone except for the
following uses:
-
Telephone customer service call centers
-
Business and professional offices
-
Banks and financial institutions
-
Cannabis production and processing facilities
-
Food and grocery stores
-
Hotels and motels
-
Medical research and production facilities
-
Places of entertainment, recreation and assembly
-
Shopping Centres
General Lot Requirements
2. In a Commercial Restricted (C4) Zone, no development permit shall be issued except in
conformity with the following requirements:
Minimum Lot Area
2,800 m² (30,139 ft.²
Minimum Lot Frontage
61.0 m (200.1 ft.)
Minimum Front Yard
12.2 m (40.0 ft.)
Minimum Side Yard (both sides)
6.10 m (20.0 ft.)
Minimum Rear Yard
12.2 m (40.0 ft.)
Maximum Height of Main Building
14.0 m (45.9 ft.)
Land Use By-law for the Town of Port Hawkesbury
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PART 18
COMMERCIAL MAIN STREET (C5) ZONE
C5 Uses Permitted
1. No development permit shall be issued in a Commercial Main Street (C5) Zone except for
the following uses:
-
Animal hospitals and veterinary establishments
-
Automobile sales establishments
-
Automobile service stations including automobile washing establishments
-
As an accessory use conducted on the same lot as the main building
-
Banks and financial institutions
-
Business and professional offices
-
Clubs
-
Dry cleaning and laundry distribution facilities
-
Food and grocery stores
-
Funeral monument sales and display establishments
-
Funeral parlours and undertaker establishments
-
Garden and nursery supplies and sales establishments
-
Hotels, motels and other tourist establishments
-
Indoor recreational establishments
-
Institutional uses subject to the Institutional (I) Zone requirements
-
Medical clinics
-
Printing establishments
-
Residential multiple-unit (over six units)
-
Restaurants and drive-in restaurants
-
Retail lumber and home improvement supplies establishments
-
Retail sales establishments within wholly enclosed buildings
-
Sales and rental establishments for boats, trailers and snowmobiles
-
Shopping centres
Site Plan Approval Area
2. The entire Commercial Main Street (C5) Zone is a site plan approval area and subject to the site plan
approval procedures specified in the Municipal Planning Strategy and Land Use By-law.
General Lot Requirements
3. In the Commercial Main Street (C5) Zone, no development permit shall be issued except in conformity
with the following requirements:
a) All uses except shopping centres:
Minimum Lot Area
2800.0 m2 [30139 ft2]
Minimum Lot Frontage
30.50 m [100 ft.]
Land Use By-law for the Town of Port Hawkesbury
LUB - 41
Minimum Front Yard
1.00 m [3.3 ft.]
Maximum Front Yard
5.00 m [16.40 ft.]
Minimum Side Yard (both sides)
6.10 m [20.0 ft.]
Minimum Rear Yard
12.20 m [40.0 ft.]
Maximum Height of Main Building
[pre-bonus]
14.0 m [45.9 ft.]
Maximum Height of Main Building
[post-bonus]
23.60 m [77.43 ft.]
b) For shopping centres only:
Minimum Lot Area
7435.0 m2 [80029 ft2]
Minimum Lot Frontage
30.5 m [100 ft.]
Minimum Front Yard
7.62 m [25.0 ft.].
Minimum Side Yard
7.65 m [25.1 ft.]
Minimum Rear Yard
12.20 m [40.0 ft.]
Maximum Height of Main Building
14.0 m [45.9 ft.]
Special Requirement: Driveways for Shopping Centres
4. a) All access driveways or highway ramps for a shopping centre shall enter onto an arterial or collector
road as shown on the Transportation Map, Map 1 of the Municipal Planning Strategy.
b) The access driveway or highway ramp shall not be located within 36.60 m [120.1 ft.] of the closest
boundary of a street intersection
Special Requirement: Design Requirements
6. In the Commercial Main Street (C5) Zone, the following design requirements shall apply to the
development of a new main building on a lot:
a) Within buildings on properties abutting a local road as shown on the Transportation Map, Map 1 of
the Municipal Planning Strategy, the wall that is the closest to that local road shall feature a stepback
of at least 5 metres away from the street after the second storey.
b) If a building is granted bonus height zoning, any wall that is the closest to a road shall feature a
stepback of at least 5 metres away from the street after the fourth storey. If clause a) applies, such a
building wall requires two stepbacks: after the second and fourth storey, respectively.
c) Building walls abutting the front yard must include clear, translucent windows accounting for at least
twenty percent of the wall surface on the ground floor.
Land Use By-law for the Town of Port Hawkesbury
LUB - 42
Special Requirement: Drive-in restaurants
7. Drive-in restaurants may not locate their vehicle-serving facilities in the front yard
Special Exemption: Parking Requirements
8. Notwithstanding the provisions of Section 20 of Part 6A, Council may, within the Commercial Main
Street (C5) Zone, accept cash-in-lieu of the required on-site parking or a combination of parking spaces
and cash for the balance of the required parking from the developer. The cash-in-lieu contribution shall
be calculated with the following formula:
Developer's contribution = [S + (L x 280)] x R x 0.5
S = structural cost of a single parking space to be set by Council by resolution on an annual basis.
L = current assessed value per square foot of land within the Commercial Main Street (C5) Zone
280 = number of square feet allotted to one parking space.
R = number of parking spaces for which payment in lieu is required by the developer.
0.5 = developer's share of the actual cost of parking spaces for which cash-in-lieu is desired.
Bonus zoning
9. Land uses which are not shopping centres may exceed the regular maximum buildings height of 14
metres up to a maximum of 23.60 metres subject to the following condition:
An additional 3.2 metres of height is granted for fulfillment of one of the following criteria:
a) Design and implementation of a night time lighting concept for the building
b) Provision of street furniture for public use at a value of at least 1% of the construction value
c) Provision of public art at a value of at least 1% of the construction value
d) Majority usage of the colour palette and design elements from the Town of Port Hawkesbury Faҫade
Design Guidelines - Appendix 1 to the Land Use By-law
e) Usage of a combination of at least three of the following design elements on the building:
a. awnings
b. articulation of stories
c. the same siding material is used for all building walls
d. parapets decorating flat rooflines
e. ocean- or harbour-themed murals
f. arcades or similar structures allowing pedestrians to be sheltered from elements
Land Use By-law for the Town of Port Hawkesbury
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PART 19
GENERAL PROVISIONS FOR ALL INDUSTRIAL ZONES
Abutting Zone Provisions
1.
Where an Industrial Zone abuts a Residential (R1, R2, R3 or R4), Open Space, or Institutional Zone,
the following restrictions shall apply to the abutting yard within the Industrial Zone.
a) For buildings 10.67 m [35 ft.] or less in height:
minimum side yard requirement
6.10 m [20.0 ft.]
minimum rear yard requirement
9.00 m [29.5 ft.]
b) For buildings greater than 10.67 m [35 ft.] in height
minimum side yard requirement
6.10 m + (0.30 m * h) [20.0 ft. + (1 ft. * h)]
minimum rear yard requirement
9.00 m + (0.30 m * h) [29.5 ft. + (1 ft. * h)]
where h = height of building
c) Where outdoor display or outdoor storage is permitted on the lot, outdoor display or outdoor
storage shall not be permitted in an abutting yard in the Industrial Zone.
d) Parking spaces shall not be permitted in an abutting yard within 6.10 m [20.0 ft.] of a side or rear
lot line
e) Signs shall be regulated as provided in Part 6B of this By-law.
Restrictions on Open Storage, Outdoor Display and Garbage bins
2.
In addition to clause c) of Section 1 of this Part, where outdoor display or outdoor storage is
permitted, the following restrictions shall apply:
a) outdoor storage or display shall not be permitted within the required front yard of a lot; and
b) the area devoted to outdoor storage or display shall not exceed fifty (50) percent of the lot area.
3.
All garbage bins associated with a commercial or industrial use shall be screened by an opaque fence
at a height adequate to visually screen the bin.
Special Provisions: Automobile Service Stations
4.
Where an automobile service station is permitted, the provisions of Part 13, Section 4 shall apply.
Special Exemptions: Yards Adjacent to a Railway
5.
In an Industrial Zone, the yard requirement shall be waived for any yard which directly abuts a
railway right-of-way.
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PART 20
MIXED USE (M1) ZONE
M1 Uses Permitted
1.
No development permit shall be issued in a Mixed Use (M1) Zone except for the following:
-
Animal hospitals, animal shelters and/or veterinary establishments
-
Any activity connected with the automotive trade or automotive repair service industry,
including service stations; gas bars; automobile sales establishments; and automobile
washing
-
establishments; but not including automotive scrap yards
-
Any manufacturing, industrial, assembly or warehousing operation or recycling depot
conducted and wholly contained within an enclosed building and which is not
obnoxious by reason of sound, odor, dust, fumes or smoke or other obnoxious emission
of refuse matter or water-carried waste or by reason of unsightly outdoor storage or the
detonation of explosives
-
Banks and financial institutions
-
Breweries and distilleries
-
Building supply and equipment depots, but excluding the bulk storage of sand or gravel
for resale
-
Business and professional offices
-
Clubs
-
Display courts including swimming pools, decorative foundations, prefabricated
cottages, homes or mobile homes
-
Educational facilities whether public or private
-
Fuel storage depots
-
Funeral parlour and undertaker establishments
-
Hotels and motels
-
Institutional uses subject to the Institutional (I) Zone requirements
-
Medical clinics
-
Commercial parking lots and parking structures
-
Parks and Community centres subject to Open Space (O1) Zone requirements
-
Places of entertainment, recreation and assembly which are conducted within
wholly enclosed buildings
-
Power, telephone or other utilities, radio transmitter tower
-
Printing establishments
-
Railway uses
-
Restaurants
-
Retail stores
-
Sales establishments, including wholesale, and leasing or rental establishments
-
Service industries, service establishments and personal service shops
-
Transportation depots
General Lot Requirements
3. In an Industrial General (M1) Zone, no development permit shall be issued except in conformity
with the following requirements:
Land Use By-law for the Town of Port Hawkesbury
LUB - 45
Minimum Lot Area
930.0 m2 [10010 ft2]
Minimum Lot Frontage
30.50 m [100.1 ft.]
Minimum Front Yard
9.00 m [29.5 ft.]
Minimum Side Yard
i)
one side
ii)
other side
4.60 m [15.1 ft.]
3.05 m [10.0 ft.]
Minimum Rear Yard
7.65 m [25.1 ft.]
Maximum Height of Main Building
14.0 m [45.9 ft.]
Land Use By-law for the Town of Port Hawkesbury
LUB - 46
PART 21
INDUSTRIAL WATERFRONT (M2) ZONE
M2 Uses Permitted
1.
No development permit shall be issued in an Industrial Waterfront (M2) Zone except for one or more
of the following uses:
-
Small craft servicing and supply facilities
-
Marinas, including boat rentals, excursions, fuels sales, and pump-out facilities
-
Marine railway facilities
-
Institutional uses, including floating museums, subject to the Institutional (I)
zone requirements
-
Public buildings
-
Ship building and repair facilities
-
Ship chandelling and provisioning establishments
-
Storage buildings for commercial fishing gear
-
Wharves and docks
-
Wholesale fish establishments
-
Yacht display and sales establishments
-
Rail handling, storage and trans-shipment facilities
General Lot Requirements
2.
In an Industrial Waterfront (M2) Zone, no development permit shall be issued except in conformity
with the following requirements:
Minimum Lot Area
560.0 m2 [6020 ft2]
Minimum Lot Frontage
18.25 m [59.9 ft.]
Minimum Front Yard
6.10 m [20.0 ft.].
Minimum Side Yard
3.05 m [10.0 ft.]
Maximum Height of Main Building
14.0 m [45.9 ft.]
Special Requirements - Parking for Small Craft Service Facilities or Marinas
3.
One (1) parking space shall be provided for every two (2) boat slips.
Land Use By-law for the Town of Port Hawkesbury
LUB - 47
PART 22
INDUSTRIAL EXTRACTIVE (M3) ZONE
M3 Uses Permitted
1.
No development permit shall be issued in an Industrial Extractive (M3) Zone except for one of more
of the following uses:
- All uses permitted in the Mixed Use (M1) Zone, subject to the M1 zone requirements
- Processing of mineral materials
- Bulk storage facilities of sand and gravel
- Facilities for the manufacturing of concrete and concrete products
- Buildings or offices accessory to a permitted uses
General Lot Requirements
2.
In an Industrial Extractive (M3) Zone, no development permit shall be issued except in conformity
with the following requirements:
Minimum Lot Area
7435.0 m2 [80029 ft2]
Minimum Lot Frontage
91.50 m [300.2 ft.]
Minimum Front Yard
12.20 m [40.0 ft.]
Minimum Side Yard
12.20 m [40.0 ft.]
Minimum Rear Yard
12.20 m [40.0 ft.]
Maximum Height of Main Building
15.25 m [50.0 ft.]
(Note: Minimum Lot Frontage in this case is not required to be public road frontage)
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PART 23
INSTITUTIONAL (I) ZONE
I Uses Permitted
1.
No development permit shall be issued in Institutional (I) Zone except for the following uses:
- Any use permitted in an Open Space (O1) Zone subject to the O1 Zone requirements
- Churches, places of worship and religious institutions
- Colleges, universities and schools
- Day care centres
- Fire and police stations
- Government offices and facilities
- Nursing homes and senior citizen housing subject to the Residential Multiple Unit (R3)
Zone requirements
- Hospitals
- Libraries, museums and art galleries
- Private clubs
- Public utilities
- Any institutional use which is incorporated under the Societies Act Ch. 286, R.S.N.S. 1967,
or any other private statute of incorporation.
General Lot Requirements
2.
In an Institutional (I) Zone, no development permit shall be issued except in conformity with the
following requirements:
Minimum Lot Area
930.0 m2 [10010 ft2]
Minimum Lot Frontage
30.50 m [100.1 ft.]
Minimum Front Yard
7.65 m [25.1 ft.]
Minimum Side Yard
4.60 m [15.1 ft.]
Minimum Rear Yard
10.70 m [35.1 ft.]
Maximum Height of Main Building
14.0 m [45.9 ft.]
Landscaping Requirements
3.
Where a yard within an Institutional (I) Zone abuts a Residential (R1, R2, R3 or R4) or Open Space
Zone, fencing or landscaping at a height of 1.25 m [4.1 ft.] shall be provided.
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PART 24
RECREATION OPEN SPACE (O1) ZONE
O1 Uses Permitted
1.
No development permit shall be issued in a Recreation Open Space (O1) Zone except for the
following uses:
-
Community and recreation centres
-
Community gardens and nurseries
-
Hiking trails
-
Marinas and boat clubs
-
Pavilions and band shells
-
Picnic areas
-
Parks and recreation areas
-
Buildings and structures accessory to the foregoing including a refreshment booth
General Lot Requirements
2.
No development permit shall be issued in a Recreation Open Space (O1) Zone unless the minimum
setback from any lot line for any main building is 9.00 m [29.5 ft.].
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PART 25
DEFINITIONS
For the purpose of this By-law, all words shall carry their customary meaning except for those defined
hereafter.
1. Abutting means having a common border in at least one point, or being separated from such a common
border only by a right-of-way or easement.
2. Accessory building means a subordinate building or structure on the same lot as the main building
devoted exclusively to an accessory use, but does not include a building attached in any way to the
main building, or a building located completely underground.
3. Accessory use means a use subordinate and naturally, customarily and normally incidental to and
exclusively devoted to a main use of land or building and located on the same lot.
4. Alter means any change in the structural component of a building, or any change in the volume of a
building or structure.
5. Animal hospital means the premises where medical treatment is provided to animals, with or
without accommodations, but shall not include a kennel.
6. Articulation means an architectural design element ornamenting the building by providing a clear
visual separation between stories of the building, thereby structuring the building wall in several parts.
7. Automobile service station means a building, part of a building or a clearly defined space on a lot
used for the retail sale of gasoline and lubricating oils and may include the sale of automobile
accessories and the servicing and minor repairing essential to the actual operation of motor vehicles
other than an automobile washing establishment or an automobile sales establishment.
8. Automobile washing establishment means a building or part thereof used for the operation of
automobile washing equipment which is automatic or semi-automatic.
9. Awning means a rooflike cover that is temporary or portable in nature and that projects from the wall
of a building for the purpose of shielding a doorway or window from the elements and is periodically
retracted into the face of the building.
10. Bed and breakfast establishment means a single detached dwelling in which the resident of the
dwelling supplies overnight accommodation with meals to the public for monetary gain and does not
include facilities open to the general public such as meeting rooms, restaurants and entertainment
facilities.
11. Boarding or rooming house means a dwelling in which the proprietor supplies either room or room
and board for monetary gain, of more than two rooms exclusive of those of the lessee or owner
thereof or family members and which is not open to the general public.
12. Building means any structure whether temporary or permanent, used or built for the shelter,
accommodation or enclosure of persons, animals, material or equipment. Any awning, bin, bunker,
platform, vessel or vehicle used for any of the said purposes shall be deemed a building.
13. Cannabis production and processing facility means any facility that requires a Health Canada License
for the production of medical or recreational cannabis is to be considered a cannabis production facility,
including micro-cultivation licenses, cultivation licenses and licenses for research.
14. Church means a building dedicated to religious worship and includes a church hall, church auditorium,
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Sunday school, parish hall, and day nursery operated by the church.
15. Clinic means a building or part of a building used for the medical, dental, surgical, or therapeutic
treatment of human beings, but does not include a public or private hospital or a professional office of
a doctor located in a residence. A clinic shall not include overnight accommodation for the person
receiving treatment.
16. Commercial Brewery- A brewery where the primary business function is the production and packaging
of more than 15,000 hectolitres of beer or related beverages per year to be sold to the Nova Scotia
Liquor Corporation and onto the general public through retail liquor stores or for export
17. Commercial Distillery-A distillery where the primary business function is the production and
packaging of more than 75,000 litres of liquor and spirits per year, not including wine or beer, to be
sold to the Nova Scotia Liquor Corporation and onto the general public through retail liquor stores or
for export
18. Community centre means any tract of land, building or buildings, or any part of any building used for
community activities whether used for commercial purposes or not, the control of which is vested in the
municipality, a local board or agent thereof.
19. Converted dwelling means a building converted to contain a greater number of dwelling units than
the building contained prior to that conversion.
20. Corner vision triangle means that part of a corner lot adjacent to the intersection of the exterior lot
lines measured from such intersection, the distance required by this By-law along each such street line
and joining such points with a straight line. The triangular shaped land between the intersecting lines
and the straight line joining the points the required distance along the street lines shall be known
as the 'corner vision triangle'.
21. Council shall mean the Council of the Town of Port Hawkesbury.
22. Craft Beverage Facility - Place where craft beer, cider, and spirits are produced, and may include the
following:
MICRO BREWERY- Craft brewery where the primary business function is the production and
packaging of less than 15,000 hectolitres of beer per year. The facility may include accessory
sales, tours, tasting rooms and customer seating areas
MICRO DISTILLERY- Craft distillery where the primary business function is the production
and packaging of less than 75,000 litres per year of liquor and spirits, not including wine and
beer. The facility may include accessory sales, tours, tasting rooms and customer seating areas
NANO BREWERY- Small capacity manufacturing facility where the primary business function
is the production of less than 2000 hectolitres of beer, ale, cider or other related beverages per
year (non-distilled)
23. Day care centre means a facility where three (3) or more pre-school children are cared for on a
temporary daily basis without overnight accommodation and does not include a school.
24. Development officer means the officer of the Town of Port Hawkesbury with the duty of administering
the provisions of the Land-Use By-law.
25. Dry cleaning or laundry distribution establishment means a building used for the purpose of
receiving articles or goods of fabric to be subjected to the process of dry cleaning, dry dyeing or cleaning
and for the pressing and distribution of any such articles or goods which have been subjected to
any such process.
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26. Dwelling, duplex means a building that is divided horizontally into two (2) dwelling units each of
which have an independent entrance either directly from outside the building or through a common
vestibule.
27. Dwelling, multiple-unit means a building containing three (3) or more dwelling units which have a
common entrance from the street level and shall include apartment buildings and condominiums.
28. Dwelling, row house or townhouse means a building that is divided vertically into three (3) or
more dwelling units, each of which has independent entrances to a front and rear yard immediately
abutting the front and rear walls of each dwelling unit.
29. Dwelling, semi-detached means a building that is divided vertically into two dwelling units and
sharing a common footer, each of which has an independent entrance.
30. Dwelling, single unit detached means a completely detached dwelling unit.
31. Dwelling, triplex means a building that is divided horizontally into three dwelling units, each of
which has an independent entrance either directly or through a common vestibule.
32. Dwelling unit means one or more habitable rooms designed or intended for use by one or more
individuals as an independent and separate housekeeping establishment in which separate kitchen
and sanitary facilities are provided for the exclusive use of such individual or individuals, with a
private entrance from outside the building or from a common hallway or stairway inside the
building.
33. Erect means to build, construct, reconstruct, alter or relocate and without limiting the generality of the
foregoing shall be taken to include any preliminary physical operation such as excavating, grading,
piling, cribbing, filling or draining, or structurally altering any existing building or structure by an
addition, deletion, enlargement or extension.
34. Established building line means the average distance of the existing building from the street line of
existing buildings in any block where more than half the frontage has been built upon at the effective
date of this By-law.
35. Existing means existing as of the effective date of this By-law.
36. Family means:
a) an individual residing in one dwelling unit, or
b) a group of persons residing and living together in one dwelling unit, and includes - Domestic
servants, non-paying guests and foster children, and not more than two (2) roomers or boarders living
in the dwelling unit.
37. Floodplain means the area adjoining a river or stream which has been or may be hereafter covered by
flood water.
38. Floor area
a) Residential floor area means the total floor area contained within the outside walls of a building
excluding any private garage, porch, verandah, sunroom, unfinished attic, or basement and cellar
or other room which is not habitable during all the seasons of the year.
b) Commercial floor area means the total usable floor area within a building used for commercial
purposes but excludes washrooms, furnace and utility rooms, and common malls between stores.
c) Gross floor area means the aggregate of the floor areas of a building above or below grade,
Land Use By-law for the Town of Port Hawkesbury
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measured between the exterior faces of the exterior walls of the building at each floor level but
excluding car parking areas within the building; and for purpose of this clause, the walls of an
inner court shall be deemed to be exterior walls.
39. Garage means an structure principally used for storage or utility purposes attached to a dwelling by a
common wall or roof and for the purposes of determining setbacks shall be considered part of the main
building, unless otherwise exempt.
40. Height means the vertical distance of a building between the established grade and
a) the highest point of the roof surface, of the parapet, or a flat roof; whichever is the greater
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;
but shall not include any construction used as ornament or for the mechanical operation of the
building, a mechanical penthouse, chimney, tower, cupola or steeple.
41. Home occupation means any secondary use of a dwelling by the occupant for gainful employment
involving the provision or sale or rental of goods manufactured by the occupant, or services; or both
goods and services.
42. Hospital means an institution providing medical treatment to persons.
43. Hotel means a building or buildings or part thereof on the same site used to accommodate the
traveling public for monetary gain by supplying them with sleeping accommodations with or without
meals but generally without private cooking facilities. Access to each unit is gained through a common
area from inside the building.
44. Institution means a building or part of a building used for religious, educational, health and welfare
purposes and includes places of worship, schools, public facilities and hospitals. There shall be no intent
for profit.
45. Kennel means a building or structure where animals intended to be used or used as domestic household
pets are kept or boarded.
46. Landscaped berm means a narrow strip of earth, with a stable slope on which there is a
combination of trees, shrubs, flowers, grass or other horticultural elements designed to enhance the
visual amenity of a property and to mitigate any objectionable aspects which may detrimentally
affect adjacent land.
47. Landscaping means any combination of trees, shrubs, flowers, grass or other horticultural elements,
decorative stonework, paving, screening or other architectural elements which is designed to
enhance the visual amenity of a property and to provide a screen to mitigate any objectionable
aspects which may detrimentally affect adjacent land.
48. Lighting means all lighting fixtures designed or placed so as to illuminate any portion of a site or
building.
49. Loading space means a vacant area of land provided and maintained upon the same lot or lots upon
which the principal use is located and which area:
a) is suitable for the temporary parking of at least one commercial motor vehicle while
merchandise or materials are being loaded or unloaded from such vehicles.
b) is not upon or partly upon any street or highway.
50. Lot means any parcel of land described in a deed or as shown in a registered plan of subdivision.
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a) Corner lot means a lot situated at the intersection of and abutting on two or more streets. The
shorter lot line shall be deemed the front lot line of the said lot.
b)
Interior lot means a lot situated between two lots and having access to one street.
c)
Through lot means a lot bounded on two opposite sides by streets or highway provided,
however, that if any lot qualifies as being both a Corner Lot and Through Lot as herein before
defined, such lot shall be deemed to be a Corner Lot for the purpose of this By-law.
51. Lot area means the total horizontal area within the lot lines of a lot.
52. Lot depth means the horizontal distance between the front and rear lot lines. Where these lot lines
are not parallel the lot depth shall be the length of a line joining the midpoints of the front and rear lot
lines.
53. Lot frontage means the length of a line joining the side lot lines and parallel to the front lot line.
(See calculation of lot frontage for irregularly shaped parcels in 'General Provisions', Part 6A.)
54. Lot line means a boundary line of a lot.
a) Front lot line means the line dividing the lot from the street; in the case of a corner lot the
shorter boundary line abutting the street shall be deemed the front lot line and the longer boundary
line abutting the street shall be deemed the side lot line and where such lot lines are of equal length
the front lot line shall be either of the lot lines. In the case of a through lot, any boundary dividing
the lot from a street shall be deemed to be the front lot line.
b) Rear lot line means the lot line furthest from or opposite to the front lot line.
c) Side lot line means a lot line other than a front or rear lot line.
d) Flanking lot line means a side lot line which abuts the street on a corner lot.
55. Main building means the building in which is carried on the principal purpose for which the
building lot is used.
56. Main wall means the exterior front, side or rear wall of a building, and all structural members
essential to the support of a fully or partially enclosed space or roof.
57. Maximum lot coverage means that percentage of the lot area covered by all building(s) above
ground level, and shall not include that portion of such lot area which is occupied by a building or
portion thereof which is completely below ground level, and for the purpose of this definition the
maximum lot coverage in each zone shall be deemed to apply only to that portion of such lot which is
located within said zone.
58. Mobile home means a detached dwelling designed for transportation after fabrication, whether on its
own wheels or on a flatbed or other trailer, and which arrives at the site where it is to be occupied as a
dwelling complete and ready for occupancy, (except for minor and incidental unpacking and
assembling operations), located on wheels, jacks or permanent foundation, and which may be connected
to utilities and sanitary services, and the foregoing shall include mobile homes and modular dwellings
having any main walls with a width of less than 6.10 m [20.0 ft.].
59. Mobile Home Park means an establishment comprising land on premises under single ownership
designed and intended for residential use where residence is in mobile homes exclusively but does
not include public camping grounds maintained by the Municipality or any department of the Provincial
Government for seasonal use or a private campground for seasonal use.
60. Motel means a building or buildings or part thereof on the same site used to accommodate the
traveling public for gain or profit, by supplying them with sleeping accommodation, with or without
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meals. Each unit has an independent entrance from the outside of the building.
61. Mural means a piece of artwork painted or applied directly on a wall. A distinguishing characteristic
of mural painting is that the architectural elements of the given space are harmoniously incorporated
into the picture.
62. Nursing home means a building wherein nursing care, room and board are provided to individuals
incapacitated in some manner for medical reasons but does not include a hospital. A nursing home
shall be licensed under the Homes of Special Care Act, R.S.N.S. 1989, Chapter 203.
63. Obnoxious use shall mean a use which, from its nature or operation creates a nuisance or is
offensive by the creation of noise or vibration, or by reason of the emission of gas, fumes, dust, oil or
objectionable odor, or by reason of the unsightly storage of goods, wares, merchandise, salvage, refuse
matter, waste or other material.
64. Office means a room or rooms where business may be transacted, a service performed or
consultation given but shall not include the manufacturing of any product or the retail selling of
goods.
65. Outdoor display means an area of land where good are displayed and available for sale to the
general public from a retail outlet located on the same premises. Only products normally used outdoors
may be displayed outdoors. Garden and building supplies may be permitted to be displayed outdoors.
66. Outdoor storage means the storage of any item located outside of a building not primarily for the
encouragement of sale of the item but principally for storage purposes.
67. Parapet means an ornamental barrier which is an extension of the wall at the edge of a roof, terrace or
balcony.
68. Parking area means an open area containing parking spaces, other than a street, for two or more
motor vehicles, available for public use or as an accommodation for clients, customers or residents and
which has adjacent access to permit ingress or egress of motor vehicles to a street or highway by means
of driveways, aisles or maneuvering areas where no parking or storage of motor vehicles is permitted.
69. Parking space means an area of not less than 18.5 m2 [199 ft2], measuring 3.05 m[10.0 ft.] by 6.10 m
[20.0 ft.] inclusive of driveways or aisles, for the temporary parking or storage of motor vehicles.
70. Personal service shop means a building or part of a building in which persons are employed in
furnishing services and otherwise administering to the individual and personal needs of persons, and
without limiting the generality of the foregoing may include such establishments as barber shops,
beauty parlours, automatic laundry shops, hairdressing shops, shoe repair and shoe shining shops,
and depots for collecting dry cleaning and laundry, but excludes any manufacturing or fabrication of
goods for sale.
71. Private club means a building or part of a building used as a meeting place for members of an
organization and may include a lodge, a fraternity or sorority house, and a labour union hall.
72. Public authority means any Board, Commission or Committee of the Town of Port Hawkesbury
established by or exercising any power of authority under any general or specific statute of Nova Scotia
with respect to any of the affairs or purposes of the municipality or a portion thereof and includes
any committee or local authority established by By-law of the Town.
73. Public park means a park owned or controlled by a Public Authority or by any Board, Commission or
other Authority established under any statute of the Province of Nova Scotia.
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74. Recreational uses means the use of land for parks, playgrounds, tennis courts, lawn bowling greens,
indoor or outdoor skating rinks, athletic fields, golf courses, picnic areas, swimming pools, day camps,
community centres and similar uses to the foregoing, together with necessary and accessory buildings
and structures, but not including a track for the racing of animals, or any form of motorized
vehicles.
75. Recycling depot means premises on which recoverable materials such as paper, glass and metals are
separated prior to shipment but does not include any processing of the material and does not include a
scrap yard. All operations must be conducted within a wholly enclosed building and open display or
storage is not permitted.
76. Restaurant means a building or part thereof where food and drink is served to the public for
consumption within the building or for take-out but not for consumption in parking areas
appurtenant to the building. Drive-through facilities may be included with the restaurant.
77. Restaurant, drive-in means a building or part thereof where food and drink is served to the public for
consumption in parking areas appurtenant to the building whether or not facilities are provided for
consumption within the building.
78. Retail store means a building or part thereof in which goods, wares, merchandise, substances,
articles or things are offered or kept for sale directly to the public at retail value.
79. Scrap yard means a lot or premises for the storage or handling of scrap material, and without
limiting the generality of the foregoing, shall include waste paper, rags, bones, bottles, used bicycles,
vehicles, tires, metal or other scrap material or salvage. A scrap yard shall not include hazardous
waste material storage or disposal site.
80. Service shop means a building or part thereof used for the sale or repair of household articles and shall
include radio, television and appliance repair shops but shall not include industrial or manufacturing or
motor vehicle repair shops.
81. Setback means the distance between the street line and the nearest main wall of any building or
structure and extending the full width or length of the lot.
82. Setback, required means the minimum setback as prescribed by the Land Use By-law.
83. Shopping centre means a commercial use of land containing a building or building complex on a lot
designated, developed and managed as a unit by a single owner or tenant, or a group of owners or
tenants containing an interrelated group of commercial uses, distinguished from a business area
comprising unrelated individual uses and characterized by the sharing of common parking areas and
driveways.
84. Sign means a structure, device, light or natural object including the ground itself, or any part thereof, or
any device attached thereto, or painted or represented thereon, which shall be used to identify, advertise,
or attract attention to any object, product, place, activity, person, institution, organization, firm, group,
commodity, profession, enterprise, industry or business, or which shall display or include any
letter, work, model, number, banner, flag, pennant, insignia, device or representation used as an
announcement, direction, or advertisement, and which is intended to be seen from off the premises or
from a parking lot. The word 'sign' shall include signs which are affixed to the inside of windows and
glass doors and are intended to be seen from roadways or parking lots. No other indoor sign shall be
deemed a sign within this By-law.
a) Ground sign means a sign supported by one or more uprights, poles or braces placed in or upon
the ground.
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b) Illuminated sign means a sign that provides artificial light directly, or through any transparent
or translucent material, from a source of light connected with such sign, or a sign illuminated by
a light focused, upon or chiefly directed at the surface of the sign.
c) Projecting wall sign means a sign which projects from and is supported by a wall of a building.
d) Facial wall sign means a sign which is attached to and supported by a wall of a building.
e) Sign area means the area of the smallest triangle, rectangle or circle or semi-circle which can
wholly enclose the surface area of the sign. All visible faces of a multifaceted sign shall be
counted separately and then totaled in calculating sign area. Three dimensional signs shall be
treated as dual-faced signs, such that the total area shall be twice the area of the smallest triangle,
rectangle or circle or semi-circle which can totally circumscribe the sign in the plane of its
largest dimension.
f) Number of signs means a sign shall be considered to be a single display surface or display
device containing elements organized, related, and composed to form a unit. Where matter is
displayed in a random manner without organized relationship or elements, or where there is
reasonable doubt about the relationship of elements, each element shall be considered to be a
single sign.
85. Stepback means a design that recesses from the front line of a structure the front of the rise of the upper
stories of the same structure in a step-like manner.
86. Storey means that portion of a building between any floor and the floor, ceiling, or roof next above,
provided that any portion of a building partly below grade level shall not be deemed a storey unless its
ceiling is at least 1.80 m [5.9 ft.] above grade. Any portion of a storey exceeding 4.25 m [13.9 ft.] in
height shall be deemed an additional storey for each 4.25 m [13.9 ft.] or fraction thereof.
87. Street or road means the whole and entire right-of-way of every highway, road, or road allowance
vested in the Province of Nova Scotia or the Town of Port Hawkesbury.
88. Street line means the boundary line of a street.
89. Structure means anything that is erected, built, or constructed or parts joined together or any such
erection fixed to or supported by the soil or by any other structure. A structure shall include
buildings, walls and signs and also fences exceeding 1.80 m [5.9 ft.] in height.
90. Tourist establishment means a building or buildings which are used to accommodate the travelling
public for gain or profit by supplying them with sleeping accommodation, with or without meals,
and shall include a guest house, tourist cabins, a motel, an auto court, and a hotel.
91. Town shall mean the Town of Port Hawkesbury.
92. Utility means any public or private system, works, plan, equipment or services which furnish
services at approved rates to or for the use of the general public.
93. Yard means an open, uncovered space on a lot appurtenant to a building (except a court) and
unoccupied by buildings or structures except as specifically permitted elsewhere in this By-law. In
determining yard measurements the minimum horizontal distance from the respective lot lines shall be
used.
a) Front yard means a yard extending across the full width of a lot between the front lot lined and
the nearest wall of any building or structure on the lot; a 'minimum' front yard means the minimum
depth allowed by this By-law of a front yard on a lot between the front lot line and the nearest main
wall of any main building or structure on the lot.
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b) Rear yard means a yard extending across the full width of a lot between the rear lot line an the
nearest wall of any main building or structure on the lot; and 'minimum' rear yard means the
minimum depth allowed by this By-law of a rear yard on a lot between the rear lot line and the
nearest main wall of any main building or structure on the lot.
c) Side yard means a yard extending from the front yard to the rear yard of a lot between a side lot
line and the nearest wall of any building or structure on the lot; and 'minimum' side yard means
the minimum width allowed by this By-law of a side yard on a lot between a side lot line and the
nearest main wall of any main building or structure on the lot.
d) Flankage yard means the side yard of a corner lot which side yard extends from the front yard
to the rear yard between the flankage lot line and the nearest main wall of any building or structure.
94. Warehouse means a building where wares or goods are stored but shall not include a retail store.
95. Zone means a designated area of land shown on the Schedules of this By-law.