Pictou, Stellarton & Trenton (Common) Land Use By-Law — full text

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot a04abf3911ed · verified 2026-06-05 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

## Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-law   ## Preface This document constitutes the Towns of Pictou, Stellarton, and Trenton (Common) Land Use By-Law ("LUB") of Pictou County Nova Scotia ("the Towns"). This LUB updates and replaces the existing Common LUB, in effect since 2016, and is adopted pursuant to the Municipal Government Act of Nova Scotia ("MGA"). This LUB, along with the Subdivision By-Law ("SDB'), the Inter-municipal Planning Strategy ("IMPS ) and the Secondary Planning Strategies ('SPS") form the "Planning Documents" as defined in s. 191(n) MGA. An SPS will be adopted by each municipal unit to address Land Use and land Development matters specific to each Town. The three SPS documents will also form part of the IMPS, but each may be amended from time to time by its parent municipal unit. This LUB is intended to add to and not to conflict with or subtract from, the requirements contained in valid Federal and Provincial laws and regulations in force from time to time and shall be interpreted accordingly. Any capitalized word herein is defined. For ease of reference throughout, Pictou County means the geographic area comprising the Towns and the Municipality of the County of Pictou and is not a reference to the Municipality of the County of Pictou. ## Certification We certify that the following LAND USE BY-LAW was duly adopted by the Councils of the Towns of Pictou County at,duly called meetings and was published as indicated below.  Kyle Slaunwhite, CAO/ Town of Pictou Ваше Линат Blaine Murny Susan Higdon, CAO Acting CAU Town of Stellarton Alamals Alaina MaDonald, CAO/ Grover, CAO Town of Trenton   | Municipality | Date of First Reading | Date of Public Participation Meeting | Date of Public Hearing | Date of Second Reading | Date of Ministerial Approval | Notice of Effective Date | |--------------------|-------------------------|----------------------------------------|--------------------------|--------------------------|--------------------------------|----------------------------| | Town of Pictou | | uly 22,2024 June 26,202 | Seember 23, | September 23 2024 | | | | Town of Stellarton | Seember 9, | June 25, 2024 | 2024г 15, | October 15, 2024 | | | | Town of Trenton | eptember 10. 2024 | June 24, 2024 | 2024r 22, | October 22, 2024 | | | Office Consolidations include Ministerial Amendments to the original and will be revised from time to time as required by future amendments. Office Consolidations are prepared for ease of reference only; refer to original documents for accuracy, available at the Towns. ## Table of Contents | PREFACE ... ------------------- | | PREFACE ... ------------------- | | | |--------------------------------------------------|--------------------------------------------------|--------------------------------------------------| | CERTIFICATION | CERTIFICATION | ...II | | PART 1: INTRODUCTION. .... 1 | PART 1: INTRODUCTION. .... 1 | PART 1: INTRODUCTION. .... 1 | | 1. | EFFECTIVE DATE. | 1 | | | TITLE... | ... 1 | | | PURPOSE | 1 | | PART 2: INTERPRETATION AND DEFINITIONS... ... 2 | PART 2: INTERPRETATION AND DEFINITIONS... ... 2 | PART 2: INTERPRETATION AND DEFINITIONS... ... 2 | | | INTERPRETATION.. | ...2 | | | DEFINITIONS.. | 2 | | ADI MINISTRATION ...26 | ADI MINISTRATION ...26 | ADI MINISTRATION ...26 | | | DEVELOPMENT OFFICER. | ...26 | | | DEVELOPMENT PERMIT.. | ..26 | | | DEVIATIONS.... | ..26 | | | RIGHT OF ENTRY. | .26 | | | LAPSE OF PERMITS | ...26 | | | REVOCATION OF PERMITS | ...27 | | | REFUSAL OF PERMITS | .27 | | | VIOLATIONS... | .27 | | | APPLICATION FOR DEVELOPMENT PERMITS | .27 | | | PLANNING ADVISORY COMMITTEE | .28 | | 16. | GENERAL BY-LAW PROVISIONS.. | ...28 | | PART 4: INTERPRETATION OF MAPS AND TEXT... ...29 | PART 4: INTERPRETATION OF MAPS AND TEXT... ...29 | PART 4: INTERPRETATION OF MAPS AND TEXT... ...29 | | 17. | ZONE CLASSIFICATION... | ..29 | | 18. | ZONING MAP...... | ..29 | | 19. | INTERPRETATION OF ZONING BOUNDARIES | ...29 | | 20. | ZONES NOT ON ZONING MAP | ...30 | | ALL ZO Z ES. ...31 | ALL ZO Z ES. ...31 | ALL ZO Z ES. ...31 | | | GENERAL | ...31 | | | PARKING AND LOADING... | ...39 | | | SIGNAGE...... | ...46 | | | DEVELOPMENT IN AREAS PRONE TO SUBSIDENCE | ...54 | | | ENVIRONMENTAL PROTECTION | ....54 | | | WIND ENERGY.. | ...54 | | | HOME OCCUPATIONS.. | ...56 | | | BED & BREAKFAST ESTABLISHMENTS.. | ...57 | | | DAY CARE FACILITIES... | ..57 | | | GARDEN SUITES AND GARAGE SUITES.. | ...58 | | 31. | SITE PLANS.. | ...58 | | 32. | DEVELOPMENT AGREEMENTS | ...60 | | PART 6: RESIDENTIAL ZONES. ...62 | PART 6: RESIDENTIAL ZONES. ...62 | PART 6: RESIDENTIAL ZONES. ...62 | | 33. | RESIDENTIAL SINGLE UNIT DWELLING (R1) ZONE | ...62 | | 34. | HOBBY FARMS... | ...64 | | | GARDEN PLOTS | ..64 | 35. | 36. | RESIDENTIAL TWO UNIT (R2) ZONE... | ..65 | |--------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------|--------------------------------------------------| | 37. | RESIDENTIAL MULTIPLE UNIT (R3) ZONE... | ..69 | | 38. | RURAL RESIDENTIAL (RR) DEVELOPMENT. | .72 | | 39. | RESIDENTIAL MINI HOME PARK (R5) ZONE | ...75 | | 40. | RESIDENTIAL TINY HOMES (R6) ZONE. | ...77 | | PART 7: COMMERCIAL ZONES......... .81 | PART 7: COMMERCIAL ZONES......... .81 | PART 7: COMMERCIAL ZONES......... .81 | | 41. | DOWNTOWN CORE (C1) ZONE | ..81 | | 42. | NEIGHBOURHOOD COMMERCIAL (C2) ZONE... | ...85 | | 43. | HIGHWAY COMMERCIAL (C3) ZONE. | ..87 | | 44. | COMMERCIAL BUSINESS PARK (C4) ZONES. | ..92 | | PART 8: INDUSTRIAL ZONES .......-.......... ..97 | PART 8: INDUSTRIAL ZONES .......-.......... ..97 | PART 8: INDUSTRIAL ZONES .......-.......... ..97 | | 45. | LIGHT INDUSTRIAL (M1) ZON........ | ..97 | | 46. | PROVINCIAL RESOURCE (M2) ZONE.. | .....101 | | 47. | GENERAL INDUSTRIAL (M3) ZONE.... | ... 103 | | PART 9: INSTITUTIONAL (I) ZONE.. .. 106 | PART 9: INSTITUTIONAL (I) ZONE.. .. 106 | PART 9: INSTITUTIONAL (I) ZONE.. .. 106 | | 48. | INSTITUTIONAL (1) ZONE | 106 | | PART 10: RECREATION (P) ZONE. ..109 | PART 10: RECREATION (P) ZONE. ..109 | PART 10: RECREATION (P) ZONE. ..109 | | 49. | RECREATION (P) ZONE... | ..109 | | PART 11: FLOODPLAIN (F) ZONE 111 | PART 11: FLOODPLAIN (F) ZONE 111 | PART 11: FLOODPLAIN (F) ZONE 111 | | | FLOODPLAIN (F) ZONE | ...111 | | PART 12: WATERFRONT (W) ZONE ...112 | PART 12: WATERFRONT (W) ZONE ...112 | PART 12: WATERFRONT (W) ZONE ...112 | | 51. | WATERFRONT (W) ZONE... | ..112 | | PART 13: WATER SUPPLY (WS) ZONE.... ..115 | PART 13: WATER SUPPLY (WS) ZONE.... ..115 | PART 13: WATER SUPPLY (WS) ZONE.... ..115 | | 52. | WATER SUPPLY (WS) ZONE.. | .115 | | PART 14: AIRPORT (AP) ZONE ... 116 | PART 14: AIRPORT (AP) ZONE ... 116 | PART 14: AIRPORT (AP) ZONE ... 116 | | | 53. AIRPORT (AP) ZONE... | ...116 | | | | ...118 | | PART 15: SCHEDULES.... ...118 | PART 15: SCHEDULES.... ...118 | PART 15: SCHEDULES.... ...118 | | 54. | SCHEDULE A - ZONE MAP............ | | | 55. | SCHEDULE B - SUBSIDENCE PRONE LANDS. | 118 | | 56. | SCHEDULE C - ENVIRONMENTAL FEATURES | 118 | | 57. 58. | SCHEDULE E - GROUNDS SIGNS MAX 24.4M (80 FT) IN HEIGhT.. ...118 SCHEDULE G - LIST OF STREETS WHERE COMMERCIAL FRONTAGE REQUIREMENTS APPL........ ....118 | | | 59. | SCHEDULE H - REQUIREMENTS FOR MINI-HOMES AS GARDEN AND GARAGE SUITES, WHERE APPLICABLE | | ## Tables | Table 1 - Zone Classifications....... | ..29 | |----------------------------------------------------------------------------|---------| | Table 2 - Permitted Encroachments into Yards | ...36 | | Table 3 - Designated Parking Stalis.... | .41 | | Table 4 - Parking Requirements for Residential Uses | ...42 | | Table 5 - Parking Requirements for Commercial Uses. | ..42 | | Table 6 - Parking Requirements for Institutional Uses | ...43 | | Table 7 - Parking Requirements for Industrial Uses.. | ....44 | | Table 8 - Vehicle Queuing Requirement....... | ..46 | | Table 9 - Residential Single Unit (R1) Zone Requirements.. | ..63 | | Table 10 - Residential Two Unit (R2) Zone Requirements. | .66 | | Table 12 - Existing Multiple Residential Dwelling and Boarding Houses... | .67 | | Table 13 - Residential Multiple Unit (R3) Zone Requirements... | ...70 | | Tabie 14 - Residential Muitiple Unii (R3) Recreation Space Requirements .. | ...70 | | Table 15 - Rural Residential (RR) Zone Requirements.. | ...73 | | Table 16 - Rural Residential (RR) Zone Requirements (for Flag Lots). | ....73 | | Table 17 - Residential Mini Home Park (R5) Zone Requirements .... | ...76 | | Table 19 - Downtown Core (C1) Zone Requirements.. | ...83 | | Table 21 - Neighbourhood Commercial (C2) Zone Requirements | ...86 | | Table 22 - Highway Commercial (C3) Zone Requirements... | .89 | | Table 23 - Highway Commercial (C3) Zone Requirements (for Flag Lots) | .89 | | Table 24 - Commercial Business Park (C4) Zone Requirements ........ | .94 | | Table 26 - Light Industrial (M1) Zone Requirements.. | ...98 | | Table 27 - General Industry (M3) Zone Requirements... | ...104 | | Table 28 - Institutional (1) Zone Lot Requirements... | ..107 | | Table 29 - Recreation (P) Zone Lot Requirements. | .110 | | Table 30 - Waterfront (W) Zone Requirements..... | ...113 | | Table 31 - Water Supply (WS) Zone Requirements | ...115 | | Table 32 - Airport (AP) Zone Requirements... | ....116 | ## Part 1: Introduction ## Effective Date This By-Law shall take effect when the Notice of Effective Date has been published, whereupon any applicable previous Land Use By-Law (LUB) is repealed. ## 2. Title This By-Law may be cited as the "Land Use By-Law" (LUB) for the Towns and applies to all lands within the Towns. ## Purpose This By-Law is enacted to carry out the purpose and intent of the Inter-Municipal Planning Strategy (IMPS) and Secondary Planning Strategies (SPS) for the Towns, which can also be referred to as the "Municipal Planning Strategy" (MPS), in accordance with the sections 215, 216, and 219 of the Municipal Government Act. 1998, c. 18 (MGA), by regulating Structure Use, location, size, spacing and character, as well as certain provisions of the Subdivision ByLaw (SUB). ## Part 2: Interpretation and Definitions ## 4. Interpretation In this By-Law, tense and numbers are interchangeable, gender is neutral, and interpretation shall be in accordance with the Interpretation Act. R.S., c. I-23. Linear and area measurements are shown in metric with rounded imperial conversions. The imperial conversions are intended as a convenience, and the Development Officer shall interpret the requirements when necessary. ## List of Abbreviations | DA | Development Agreement | |-------------|-----------------------------------------| | GFLUM | Generalized Future Land Use Map | | IMPS or IPS | Inter-Municipal Planning Strategy | | LUB | Land Use By-Law | | MGA | Municipal Government Act of Nova Scotia | | NBCC | National Building Code of Canada | | SDB | Subdivision By-Law | | SPA | Site Plan Approval | | CD | Commercial Designation | | SPS | Secondary Planning Strategy | | RD | Residential Designation | ## 5. Definitions In this By-Law, section 5 definitions apply to the MPS, and abbreviation or technical standard shall be interpreted by reference to The Zoning Dictionary and The Illustrated Book of Development Definitions as applicable. In this By-Law: - 5.1. Accessory Building means a subordinate Building on the Main Building Lot, incidental to and exclusively for the main Use, and does not include a Building attached to the Main Building, a Swimming Pool, or a Fence. - 5.2. Accessory Structure means a subordinate Structure on the Main Building Lot, incidental to and exclusively for the main Use. - 5.3 Accessory Use means a subordinate Use on the Main Building Lot, incidental to and exclusively for the main Use. - 5.4. Accommodations mean Buildings or portions thereof in which rooms are regularly provided for compensation for tourist Use and which are not used by the owner as a family Dwelling, including without limitation, Hotels and Motels and not including Multiple Unit Dwellings, Bed and Breakfast establishments, lodging houses, apartment Buildings, Community Homes or special care homes. - 5.5. Adult Entertainment Use (including Adult Cabarets) means any establishment or Retail business that offers goods, services, or entertainment to the public intended to deliver sexual stimulation or is reasonably intended to appeal to erotic appetites. It includes, without limitation, entertainment characterized by the display of the nude or semi-nude human body in a sexual manner. Such entertainment is commonly promoted using adjectives or terms such as "nude", "topless", "adult", "sexy", "exotic", and so on. It includes, without limitation, Massage Parlours, video stores that primarily sell adult movie titles, adult bookstores, and stores that primarily sell goods and supplies that purport to aid or enhance the sexual experience. - 5.6. All Age Teen Club means a Commercial establishment primarily targeting teenagers and operating as a dance or social club licensed per the Theatres and Amusements Act. R.S., c. 466 and which does not involve the licensed sale of alcoholic beverages. - 5.7. Alter means to structurally change a Building including, without limitation, volume change. - 5.8. Amenity Space means an area situate within a residential Development site for recreational purposes including, without limitation, Landscaped areas, patios, private space, Verandahs, balconies, communal Lounges, Swimming Pools, play areas and similar Uses, but not including, Parking Lots, aisles, access driveways or any area occupied at grade by a Building service area. - 5.9 Animal means any non-human Animal, including birds and fish used for agricultural purposes and household pets. - 5.10. Animal Clinic means an Animal hospital in which the Use is confined to providing care to outpatients with no overnight lodging of Animals. - 5.11. Animal Hospital means an establishment providing surgical or medical treatment or examination of domestic pets entirely within a Building and may include: - 5.11.1. the premises where Animals are treated or kept; - 5.11.2. a Building or part of a Building used as the premises of a Veterinary Surgeon where domestic Animals are treated but shall not include an Animal shelter or Kennel; - 5.11.3. a facility in which the practice conducted includes the confinement as well as the treatment of patients; - 5.11.4. a Building or Structure in which facilities are provided for the prevention, cure and alleviation of disease and injury to Animals and in conjunction with which there may be shelter provided, within the Building or Structure, during the period of treatment; - 5.11.5. a Building where one or more licensed veterinarians and any associated staff provide medical, surgical, grooming, boarding or similar services solely for household pets; - 5.11.6. a place where Animals or pets are given medical or surgical treatment, which may include short time boarding of Animals incidental to such hospital Use; and - 5.11.7. a Building or part thereof used by veterinarians primarily for the purpose of the consultation, diagnosis and Office treatment of household pets, but shall not include long-term boarding facilities. - 5.12. Artwork means the graphic display of a painting, mural or the like with an artistic theme that is not a Sign, and shall not include displays featuring a logo, emblem, company brand or other advertising message in relation to a Commercial enterprise, industry or business. - 5.13. Automobile Rental Establishment means a Building or part thereof and may include a defined space on a Lot used for vehicle rental but shall not include the servicing or repair of automobiles. - 5.14. Automobile Sales Establishment means a Building or part thereof and may include a defined space on a Lot used for vehicle sales and may include the servicing and repairing of Motor Vehicles. - 5.15. Automobile Service Station means a Building or a clearly defined space on a Lot used for the sale of lubricating oils and gasoline and may include the sale of automobile accessories and the servicing and minor repairing of Motor Vehicles and may include an automobile Car Wash or Convenience Store, or both, but does not include an automobile body shop. - 5.16. Bank (Drive-through) means an establishment with banking facilities for attracting and servicing prospective customers travelling in Motor Vehicles which are driven onto the site where such business is carried on, where normally the customer remains in the vehicle for service. - 5.17. Bed and Breakfast means an owner-occupied single unit Dwolling in which the resident owner supplies rooms for compensation for tourist Use and which is licensed per the Tourist Accommodations Act. 1994-95, c. 9. - 5.18. Berm means a raised area of land to Screen a Use from abutting Uses. - 5.19 Blade Clearance means the distance from grade to the bottom of the Rotor's Arc on a Wind Turbine. - 5.20. Boarding House means a single unit Dwelling in which the resident supplies weekly or monthly room only or room and board for compensation, and which is not open to the traveling public. - 5.21. Buffer Strip means a Landscaped area that wholly or partially separates adjacent land Uses. - 5.22. Building means any Temporary or permanent Structure used for shelter, Accommodation or enclosure of Persons, Animals, material or equipment, and which does not include a mobile/modular Building with a Main Wall width of 6 metres or less. - 5.23. Building Height means the vertical distance between the Established Grade and the greater of the mean level between the eaves and the ridge of a Gabled, hip, gambrel or other Pitched roof, and the highest point of the roof surface or the parapet of a flat roof, or the Deck line of a mansard roof, but does not include any ornamental accessory roof construction or mechanical Building operation such as a chimney, Tower, cupola, steeple or antenna, or the mounting area for solar panels.  Illustration of Building Height Calculations - 5.24. Building Line means a line regulating Lot position of a Building. The minimum Building Line is established by the requisite Yard depth for the Lot Zone, except where an existing Building is located closer on the Lot than the required depth, the latter which is considered an established Building Line and is measured at the Main Wall of an existing Main Building. - 5.25. Bulk Storage Facility means a Lot used for large-quantity Outdoor Storage or tank storage of raw materials or industrial goods such as liquids (fuel oil), gases, minerals, pipes, gravel, fertilizers and grain, with or without Buildings. - 5.26. Cabaret means a Commercial establishment that features live entertainment and sells liquor by the glass, and beer and wine by the glass, open bottle or other container, as per the licensing requirements of the Liquor Control Act, R.S., c. 260. - 5.27. Café means a small Restaurant or an establishment primarily serving light meals. - 5.28. Campground means an area of land for the temporary accommodation of travel trailers, motorized homes, tents and trailers used for travel, recreational and vacation purposes, but does not include a mobile home park. - 5.29. Carport means a Building or Structure which is without walls on at least two sides and is used for the parking and storage of a Motor Vehicle and for the purposes of this By-Law a Carport with an enclosed second storey which is attached to the main Dwelling. - 5.30. Car Wash means any establishment or business that offers fixed-site car-cleaning services or equipment that is part of a Structure and does not include a mobile Car Wash. - 5.31. Cemetery means a burial place or ground other than a churchyard that may include a vault for the storage of remains and a chapel used for internment services. - 5.32. Church means a Building for religious worship and includes a Church Hall, Church auditorium, Sunday school, parish hall, rectory, manse and Church-operated daycare. - 5.33. Clinic means a Building used for medical, dental, surgical or therapeutic treatment of human patients that does not include overnight facilities and does not include a professional Office of a doctor located in his or her residence. - 5.34. Climbing Apparatus means the ladder located on a Wind Turbine used for climbing and maintenance. - 5.35. Commercial means any Use for Retail or wholesale trade or sale of goods, materials, and services, or similar uses. - 5.36. Commercial Club means a club operated for gain other than a Community Centre. 537. Commercial Recreation means a Building or Lot or part thereof used solely for recreation or entertainment purposes for profit or gain, and may include such Uses as dance halls, theatres, cinemas, billiards or pool halls, bowling alleys, miniature golf courses, bingo halls, Campgrounds, and amusement arcades, or similar uses. - 5.38. Community Centre means a Building used for recreational, social, educational and cultural activities, owned and operated by a public or non-profit group or agency. - 5.39. Community Garden means a piece of land utilized by a non-profit society or group for the purposes of producing food and flowers for the personal Use of the society or group members, or for the purposes of a community education program that encourages the involvement of schools, youth groups and citizens. - 5.40. Community Home means a community-based group living arrangement, in a single housekeeping unit, for up lo a maximum of seven (7) individuals, exclusive of staff and/ or receiving tamily, with special needs that is developed for the well-being of its residents through self-help, professional care, guidance and supervision, and may include congregate housing. A Community Home is licensed, funded or approved by the Province of Nova Scotia, or a registered non-profit agency. - 5.41. Convenience Stores means a store and associated Uses that serve the need of the surrounding area and shall include, but not be limited to, items of merchandise which constitute the main feature of the following types of stores: general stores, food stores, hardware stores, sporting goods stores, delicatessens and drug stores, provided that all such items are new Retail merchandise and that such business is conducted within a wholly enclosed Building, but may not include a Restaurant. - 5.42. Corner Vision Triangle means the area of a Corner Lot enclosed by a triangle, the apex of which is the intersection of the flanking Lot line and the front Lot line, two sides of which triangle are 6 metres (20') in length measured from the abutting Street Line of each Street a distance of 6 metres (20") from their intersection point.  - 5.43. Cottage means a freestanding rental unit for the Use of the traveling or vacationing public, containing a maximum of three Bedrooms, a bathroom, a kitchen and/or living room. - 5.44. Council means the elected municipal Councils of the Towns, or the Council of the specific Town. - 5.45. Country Inn means a Building, originally built as a single-family Dwelling, that may have historical and/or architectural significance, and which is converted to a Tourist Establishment with 4 or more rooms for rent for overnight sleeping Accommodations for the traveling public. This type of inn may also include a Restaurant and/or residential accommodation for the owner or caretaker. - 5.46. Court means an open, uncovered and unoccupied space appurtenant to a Building and bounded on two or more sides by Building Walls. - 5.47. Cultural Use means any Use of a Building or land for Uses such as theatres, auditoriums, art galleries, libraries, museums, meetings, conferences, and similar Uses. - 5.48. Custom Workshop means a Building or part of a Building used by a trade, craft or guild for the manufacture of custom ordered clothes or articles and includes upholstering, repair, refinishing of antiques and other art objects. - 5,49. Day Care means the activity as defined under the Day Care Act in a place where six (6) or fewer preschool children or eight (8) or fewer school age children, including the children of the caregiver, are cared for on a temporary basis for compensation without overnight - 5.50. Day Care, Residential means the activity as defined under the Day Care Act in a place where seven (7) or more preschool children or nine (9) or more school age children are cared for on a temporary basis for compensation without overnight accommodation but does not - 5.51. Deck means a Dwelling-abutting Structure without roof or walls excepting visual partitions and railings constructed on piers or a foundation above-grade for outdoor living area Use. - 5.52. Decommissioning means Wind Turbine removal following at least one year of inactivity. - 5.53. Development includes any Erection, construction, Alteration, replacement, relocation or addition to any Structure and any change or Alteration in the Use made of land or Structures. - 5.54. Development Agreement means an agreement pursuant to the MGA and an application to address any Structure Erection, construction, Alteration, replacement, relocation or addition and any land or Structure Use Alteration. - 5.55. Development Permit means a Development Officer-issued permit other than a Building permit indicating proposed Development LUB compliance. - 5.56. ove opact 0fice (s) hens the man Cover Developint and cered apointed by the administering the provisions of this By-Law. - 5.57. Dormitory means a Building used as group living quarters for a student body as an Accessory Use for a college, university, boarding school or similar Institutional Use. - 5.58. Dry Cleaning Depot means a business where clothes and other items are dropped off to be professionally cleaned which are then transported to another location for cleaning. - 5.59 Dwelling means a Building occupied or with capacity for home, residence, or sleeping occupancy by one or more Persons, containing one or more Dwelling Units, and does not include a Hotel, Motel, Apartment Hotel or a Travel Trailer. - 5.60. Dwelling, Converted means a Building converted to house more Dwelling Units than the original Dwelling. - 5.61. Dwelling, Duplex means a Building divided horizontally into two Dwelling Units each with a separate entrance from outside or from a common vestibule. - 5.62. Dwelling, Existing Multiple Residential means a Converted Dwelling or apartment Building containing three or more Dwelling Units as Development Officer-verified by assessment record or otherwise. - 5.63. Dwelling, Group Care Facility means a Building provincially or federally licensed for the housing and treatment of Persons, including hospitals, Nursing Homes, or other establishment providing special care for physically or mentally ill or otherwise disabled Persons. - 5.64. Dwelling, Mini Home means a pre-manufactured home with length-to-width ratio of 3:1 or greater, transportable as a single unit to the site and containing CAN/CSA - A277-90 or later or CSA Z240 MH Series 92 or subsequent certification.  - 5.65. Dwelling, Mobile Home means a pre-manufactured home designed for transportation after fabrication by its own wheels or on a flatbed or other trailer, including prefabricated Dwellings having any Main Wall with a width of less than 6.1 metres (20). - 5.66. Dwelling, Multiple means a Building comprising three (3) or more residential Dwelling Units, and may include a Townhouse, and/or more than one residential Dwelling on a Lot. - 5.67. Dwelling, Existing Mobile Home means a Mobile Home Dwelling as Development Officer-verified by assessment record or otherwise. - 5.68. Dwelling, Semi-detached means a partially detached Building containing two Dwelling Units, and may contain one Secondary Suite per NBCC provisions, and which is constructed wholly on site from transported materials and not to be removed. - 5.69 Dwelling, Single Detached means a completely detached Building containing one Dwelling Unit, and may contain one Secondary Suite per NBCC provisions, and which is constructed wholly on site from transported materials or prefabricated modular materials, and not to be removed, and may include a "tiny home", which may have any or every main wall of less than 6 metres (20 feet) (see further below). - 5.69.1. Dwelling, Tiny Home means a single unit dwelling that may or may not contain a main wall of more than six (6) metres (20') and may be used as a garden suite or garage suite, on a foundation with a minimum size of 150 square feet of floor area and shall comply with all applicable building design regulations stated in the NBCC, as well as those regulations stated in the LUB. A tiny home may be an accessory dwelling unit and shall comply with all regulations for accessory dwelling units. - 5.70. Dwelling, Two Unit means a Building that is divided into two Dwelling Units, and may include a Duplex, semi-detached, or detached Dwelling with a subsidiary apartment unit, and may contain one Secondary Suite if located on an individual Lot, per NBCC. - 5.71. Dwelling, Townhouse means three or more Dwelling Units, each with a separate entrance, constructed side by side and separated by common vertical walls, and may contain one Secondary Suite if located on an individual Lot, per NBCC. - 5.72. Dwelling Unit means one or more habitable rooms for Use by Person(s) as an independent housekeeping establishment with separate kitchen and sanitary facilities for exclusive Use by such Person(s), and with separate entrance from outside or from a common vestibule. - 5.73. Enriched Seniors Residence means a residence providing accommodations for senior citizens, containing independent Dwelling units, and associated with an adjacent nursing home that provides its services to the inhabitants of the residence. - 5.74. Erect means to build, construct, reconstruct, Alter or relocate and, without limitation, includes preliminary operations such as excavating, grading, piling, cribbing, Filling or    - draining, or existing Building structural Alteration by addition, deletion, enlargement or extension. - 5.75. Established Grade means the average elevation of all finished ground surfaces adjoining each exterior Bullding wall exclusive of any localized depression such as vehicle or pedestrian entrance. - 5.76. Fence means a constructed barrier of any material or combination thereof, and may include Landscaning, Berms, or the like, to enclose or Screen, to prevent entrance, to confine, or to mark a boundary. Established Grade = average of Elevation A and Elevation B avation A = highest elevatton of finished gra  evalton B = lowast elavation of finishieu gre - 5.77. Fenestration means the form and placement of windows on Building elevations. - 5.78. Fill means granular material deposited on a Lot to Alter land level and must be capable of sustaining any construction on it. - 5.79. Finance Company means a Person or entity providing non-depository financial services, where the primary business is the buying or selling of mortgages, conditional sales agreements, lien notes, or other obligations regarding property, or advancing or lending money and providing security for the repayment thereof a mortgage or chattel. This definition excludes a Person or entity whose primary business Involves only providing consultative services related to the financial matters outlined above, or brokering such matters, in a business or professional Office. - 5.80. Financial Institution means an investment banking firm, brokerage firm or any entity that obtains its funds mainly through deposits from the public, and includes all institutions considered registered banks under the Bank Act, savings and loan associations, credit - 5.81. Fishery Use means a Use supportive of the fishery, including general storage, docks, boat launches and sales of fish. - 5.82. Flood Proofing means a measure or combination of structural and non-structural measures incorporated into the design of a Structure that reduces or eliminates the risk of flood damage, usually to a defined elevation. The prescribed method of Flood Proofing is through the permanent placing of Fill, or elevation of the Structure, or having the sills of all windows and doors through the foundation walls above the specified level. - 5.83. Floodway means the inner portion of a flood risk area where the risk of flooding is greatest, on average once in twenty (20) years, and where flood depths and velocities are greatest. - 5.84. Floodway Fringe means the outer portion of a flood risk area where the risk of flooding is moderate and floods on average once in one hundred (100) years. - 5.85. Floor Area means the floor space occupied by a Use. - 5.86. Floor Area, Gross means the Floor Area, in addition to the area used for Building maintenance and service equipment, loading, or vehicle parking and storage, excluding any unfinished basement or cellar. - 5.87. Gable means the triangular section of a wall at the end of a Pitched roof formed between the eaves. - 5.88. Garage means an enclosed or partially enclosed attached or detached Accessory Building for vehicle storage, involving no business or service provision for profit, subject to other provision herein. - 5.89. Garage Suite means a Secondary Suite within or attached to a detached Garage on a site with a Single Detached house, with separate cooking, sleeping, and bathroom facilities, and with a separate entrance from the vehicle entrance to the Garage, by a common indoor landing or directly from the Structure. A Garage Suite precludes the existence of any additional Secondary Suites. Mini-homes (except in Stellarton, subject to the requirements of Schedule H), mobile homes and similar Structures cannot be used as a Garage Suite. Garage Suite (above Grade) Principal Dwelling  - 5.90. Garden Suite means a single-storey Secondary Suite that is accessory to, but detached from, the principal Single Detached house, with separate cooking, sleeping and bathroom facilities. A Garden Suite precludes the existence of any additional Secondary Suites. Minihomes (except in Stellarton, subject to the requirements of Schedule H), mobile homes and similar Structures cannot be used as a Garden Suite.  - 5.91. Grade Level means the site elevation prior to any Development. - 5.92. Heavy Equipment Commercial Use means a Commercial Use with on-property storage of heavy equipment and/or vehicles including tractors, excavators, delivery trucks, transport trucks and/or trailers, dump trucks, buses, and cube vans, and excluding panel vans, ambulances, hearses and pick-up trucks. - 5.93. Herltage Structure means a Structure situale on a property registered municipally with the Heritage Advisory Committee or provincially in the Heritage Property Program per the Heritage Property Act. R.S., c. 199. - 5.94. Highway means, per the Motor Vehicle Act, R.S., c. 293: - 5.94.1. a public Highway, Street, lane, road, alley, park, beach or place including the bridges thereon, and - 5.94.2. private property that is designed to be and is accessible to the general public for the operation of a motor vehicle. - 5.95. Home Occupation means an Accessory Use of a Dwelling for income from sale of goods and/or services including: business or professional Offices, domestic and household arts, Custom Workshops, food preparation services, Residential Day Cares, Pet Grooming establishments, and Personal Service shops, and similar or like uses, but excluding auto repair, welding, mechanical repair or the like, and resident hobbies. - 5.96. Hostel means a Building that may be owner-occupied with individual rooms or Dormitorystyle housing for the travelling public with common domiciliary facilities for the Use, and does not include a Group Care Facility Dwelling, Hotel, Motel, Bed and Breakfast or Country Inn. - 5.97. Hotel means a Building for housing the traveling public for compensation, with provision of sleeping lodging and accessory services including Restaurants, cooking facilities and Licensed Liquor Establishments. - 5.98. Industrial Services means businesses that service the industrial sector. - 5,99. Industry, Heavy means any land or Building Use for large-volume material processing and manufacture, primarily from extracted or raw materials, or a Use for manufacturing process storage of hazardous or Obnoxious materials. - 5.100. Industry, Light means any Use of land or Building for the manufacturing, predominantly For caren, recycling, assematy, treatment, ed pradies or dental studine, saces ing distribution of such products, but excluding basic industrial processing. - 5.101. Institutional Use means any Building or land Use for non-Commercial purposes by an organized body, including health, educational, religious or other servicing by hospitals, Residential Care Facilities, museums, libraries, Schools, universities, Churches, registered societies per the Societies Act. R.S., c. 435, and police, fire and ambulance emergency servicing. - 5.102. Intensive Livestock Operation means a livestock operation comprising five or more Animal Units of Agricultural Animals, Animal Unit calculations per the below chart, with non-listed Animals to be categorized according to approximate body weight equivalent as a mature Animal: ## Animal Units: | Type of Animal | Number Equal to One Animal Unit | |-----------------------------|-----------------------------------| | Cattle, Horses | 1 | | Sheep, Goats, Ponies | 2 | | Chickens, Ducks, Pheasants | 10 | | Swine | 2 | | Turkeys, Geese, Mink, Foxes | 10 | | Rabbits | | 10 - 5.103. Kennel means an enclosed Structure for Animals kept for Commercial breeding or showing, for Commercial boarding with or without care, or for general care, including, without limitation, pet daycare, boarding, training, grooming and like servicing, but not including Animal Hospitals. - 5.104. Landscaped Open Space means any combination of trees, shrubs, flowers, grass or other horticultural elements, decorative stonework, Paving, screening or other architectural elements, all of which is designed to enhance the visual amenity of a property or to provide a Screen between properties in order to mitigate objectionable features between them but shall not include any access driveway, ramp, Parking Lot, or Loading Spaces. - 5.105. Landscaping means any combination of trees, shrubs, flowers, grass or other horticulture, decorative stonework, Paving, Screening or other architectural element designed for aesthetic or Screening (see definition of Screen) purposes. - 5.106. Licensed Liquor Establishment means a Nova Scotia Liquor Licensing Board licensed establishment per the Liquor Control Act. R.S., c. 260. - 5.107. Loading Space means a land area for temporary parking of a Commercial Motor Vehicle for on and off-loading of merchandise and materials, with criteria as follows: - 5.107.1. no other Use shall be permitted; - 5.107.2. no Street, Highway or road shall be used; - 5.107.3. adequate space shall exist for vehicle maneuvering and ingress and egress by a driveway to a public road, Street or Highway; and - 5.107.4. smaller vehicles to heavy trucks shall be accommodated. - 5.108. Lot means a parcel of land with a deed description (Schedule A) or as shown on a Registered Plan of Subdivision. - 5.109. Lot Area means the total horizontal area within the Lot lines of a Lot. - 5.110. Lot, Corner means a Lot situate at the intersection of and abutting two or more Streets, provided the angle of intersection is no more than 135°, with onc Street deemed the front line and the other(s) the flanking Streets) for Setback requirement determination. - 5.111. Lot, Coverage means the percentage of the Lot that is covered by Buildings excluding projecting eaves, balconies and similar features. - 5.112. Lot, Flagmeans a Lot situate at the rear of another Lot(s) and accessed by a narrow frontage from a public Street and are permitted as of right provided that the access and frontage have a minimum of twenty (20) feet to point of the base of the "flag" portion. - 5.113. Lot, Frontage means the length of a line joining the side Lot lines and parallel to the front Lot line. Calculation of Lot Frontage for irregularly shaped Lots shall be the horizontal distance between the side Lot lines as measured at a point, where a line drawn perpendicular to a line joining the midpoint of the rear Lot line and the midpoint of the front ot line at a point equal to the required Front Yard. In determining Yard measurements, tr inimum horizontal distance from the respective Lot lines shall be used. Calculation of Lo Frontage for Corner Lots shall be the horizontal distance between the side Lot line and the   - 5.114. Lot Lines mean the boundaries of a Lot as specified. - 5.115. Lot line, Flanking means the Side Lot Line which abuts the Street on a Corner Lot. - 5.116. Lot line, Interior means a Lot Line situated between two Lots and having access to one Street. - 5.117. Lot line, Rear means the Lot Line furthest from or opposite to the Front Lot Line. - 5.118. Lot line, Side means a Lot Line other than a Front or Rear Lot Line, which is not a Flanking Lot Line. - 5.119. Lounge means a Commercial establishment as licensed per the Liquor Control Act. R.S., c. 260. - 5.120. Main Building means any Building in which is carried on the principal Lot Use(s). - 5.121. Main Wall means the exterior front, side or rear wall of a Building and all supporting structural units. - 5.122. Massage Parlour means any establishment in which massage, body rub, alcohol rub, bath or the like is provided, offered, advertised, or solicited by Persons but does not include any premises providing medical or therapeutic treatment under supervision or direction of a physician, chiropractor, osteopath, physiotherapist, or registered massage therapist. - 5.123. Mini Home Park means land or premises under single ownership, used exclusively for mobile homes and mini homes, but does not include seasonal Use Campgrounds. - 5.124. Motor Vehicle has the same meaning as in the Motor Vehicle Act, R.S., c. 293 of Nova Scotia or successor legislation as may be enacted from time to time, regardless of registration status.  - 5.125. Motel/Hotel means roofed accommodation as defined in the Tourist Accommodations Act, 1994-95, c. 9. - 5.126. Neighbourhood Commercial Use means any Building or land used for commerce, Retail, and service provision for residential Commercial need. - 5.127. Non-conforming Structure means a Structure that does not meet the applicable requirements of a land-use by-law, and as defined by the MGA. - 5.128. Non-conforming Use of Land means a Use of land that is not permitted in the Zone, and as defined by the MGA. - 5.129. Non-conforming Use in a Structure means a Use in a Structure that is not permitted in the Zone in which the Structure is located, and as defined by the MGA. - 5.130. Nursing Home means a Building providing accommodation to the aged, the disabled, or others requiring nursing care and does not include a place maintained by an individual to whom the residents are related by blood or marriage, or a Seniors Residential Complex. - 5.131. Obnoxious means a Use that creates a nuisance by emitting noise, vibration, gas, fumes, dust, oil or objectionable odour, or by unsightly storage of goods, wares, merchandise, salvage, refuse matter, waste or like material. - 5.132. Office means a business or professional establishment for business transacting, service provision or consultation, and does not include product manufacture or on-site Retailing. - 5.133. Original Structure means a Structure or portion of a Structure that was in existence at the time it was first occupied for its intended Use. Additions that are consistent with the Original Structure in terms of architectural style, materials, and construction may be considered part of the 'Uriginal Structure' provided they are in existence on the effective date uf this By-Law. - 5.134. Outdoor Furnace means an outdoor wood-burning appliance, a solid fuel burning appliance or a biofuel burning appliance that meets National or Provincial standards and is used for the space heating of any Building, the heating of water or other similar purposes. - 5.135. Outdoor Display means the display of merchandise, goods, inventory, materials or equipment not within a Building. - 5.136. Outdoor Storage means the storage of merchandise, goods, inventory, materials or cquipment not within a Building. - 5.137. Parking Area/Lot means an open area of land other than a Street or an area within a Structure for the parking of vehicles. Parking Areas shall consist of Parking Spaces for individual vehicles, driveways or aisles for access to Parking Areas from a public Street and for vehicle manoeuvring and Loading Spaces in specified circumstances (refer to section 22 of this By-Law). - 5.138. Parking Space means an area of dimensions per this By-Law for temporary parking or storage of Motor Vehicles. - 5.139. Parking Structure means an enclosed or partially enclosed, possibly multi-storey Structure, or space in a Structure used for the storage of automobiles and may include a parking Structure operated as a Commercial for-profit venture. - 5.140. Parts Assembly Use means a Use involving the putting together of parts to make a product. The parts shall be pre-manufactured off-site and the assembly process shall not be deemed Obnoxious. - 5.141. Passive Recreation means leisure activities using space such as trails, picnic areas, open space, conservation areas, and does not include Uses requiring Buildings or land-intensive activities. - 5.142. Paved means an area whereon the surface has been permanently hardened by application of asphalt, concrete, or by similar means, but shall not include a surface composed solely of gravel, sand, or soil, whether completed or not, and shall not include a surface temporarily hardened by application of a stabilizing agent such as oil, ashes, cinders, or a combination thereof. - 5.143. Person includes an individual, association, firm, partnership, corporation, incorporated company, organization, trustee, or agent, and its heirs, executors, successors, assigns or other legal representatives. - 5.144. Personal Care means the provision of room, board and supervision of, and assistance with, the daily activities of an individual who is aged, disabled, or convalescing from illness or injury. - 5.145. Personal Service includes servicing by a barber, hairdresser, beautician, aesthetician, tailor, seamstress, shoemaker, in a tanning salon or depot for Dry Cleaning and laundry collection, and any similar use, but excludes servicing in a Massage Parlour or other Adult Entertainment establishment, and goods manufacture or fabrication for sale. - 5.146. Pet Grooming means a business of grooming canine and feline pets. - 5.147. Pitch means the slope of a roof. - 5.148. Porch means an exterior Building addition forming a covered entrance. - 5.149. Private Club means a meeting place for members of an organization such as fraternity, labour union hall, lodge, service club or sorority. - 5.150. Professional Architect means a registered member, in good standing, of the Nova Scotia Association of Architects. - 5.151. Professional Engineer means a registered member, in good standing, of the Association of Professional Engineers of Nova Scotia. - 5.152. Professional Surveyor means a registered member, in good standing, of the Association of Nova Scotia Land Surveyors. - 5.153. Professional Use means a building or part thereof in which the principal or main Use is the provision of professional services to the public, and may include, but not be limited to, medical, legal, accounting, engineering, or other similar professionals, but may not include an Obnoxious Use. - 5.154. Public Building means a Building of the Government of Canada, the Province of Nova Scotia, a Town, a municipality or by a municipal enterprise. - 5.155. Recreation, Active means space designated for leisure Use, usually of a formal nature and often used with equipment at prescribed places, sites or fields. - 5.156. Recreation Facility means a place publicly or privately owned, designed and equipped for - 5.157. Recreational Use means land Use for parks, playgrounds, tennis courts, lawn bowling greens, athletic fields, golf courses, picnic areas, Swimming Pools, day camps, and like Uses but does not include a track for the racing of Animals or Motor Vehicles. - 5.158. Recycling Centre means a Resource Recovery Fund Board (RRFB) licensed "Enviro-Depot" premises on which recoverable and regulated materials such as newspaper, glassware, plastics, and metal cans and like materials are redeemed. - 5.159. Recycling Depot means premises on which recoverable materials such as newspaper, glassware, plastics, and metal cans are separated stored, Warehoused or distributed prior to shipment but does not include material processing or a salvage Yard. - 5.160. Reflecting Pool means a man-made body of water or uther such Structure used as part of the Landscaping of a property, and is not intended for swimming, bathing, or other similar human recreational aquatic activity. - 5.161. Registered Deed means a deed registered at the Nova Scotia Land Registry. - 5.162. Registered Plan means a subdivision or survey plan on a parcel register at the Nova Scotia Land Registry. - 5.163. Rental Shop means a Building or area of land where small scale residential, Commercial and industrial equipment is kept for rental to individuals for residential property needs and includes lawn & garden tools, floor & carpet cleaning equipment, painting & decorating equipment, moving tools, plumbing tools and masonry tools. - 5.164. Repair (or Service) Shop means a Building or portion thereof used for the mechanical repair of goods excluding Motor Vehicles. - 5.165. Residential Care Facility means any Building providing temporary or permanent housing and Personal Care to four (4) or more Persons and includes Residential Day Care congregate housing and sheltered housing. - 5.166. Restaurant means a Building in which food and drink is served to the public. - 5.167. Restaurant, Drive-in means a Building where food and drink is served to the public for consumption in Parking Areas appurtenant to the Building, and whether or not facilities are provided for consumption within the Building. This is commonly known as a fast-food Restaurant and may include a drive-through car pick-up. - 5.168. Restaurant Take-out means a Building where food and drink is served to the public for consumption exclusively off-site and not for consumption in Parking Areas adjacent to the Building. - 5.169. Retail means the sale of goods and merchandise, to the public for Personal or household Use. - 5.170. Right-of-way means an area of land for private or public access of passage and may also be established by easement or license agreement as the context requires. - 5.171. Roof Line means roof profile, form and height. - 5.172. Rotor Arc means the circumferential path traveled by the Wind Turbine blade. - 5.173. School, Commercial means a school operated by an individual or company for gain or protit, providing instruction in a primary or secondary educational Use within the curricula of the Province of Nova Scotia. It may also offer instruction in a specific trade, skill or service such as secretarial skills, vocational skills, aviation, banking, Commercial arts, automobile driving, language, modelling, business, hairdressing, beauty, culture, dancing and music schools. - 5.174. School, Public means an educational Use or Building operated by a public authority, such as a school board, or provincial or federal authority. - 5.175. School, Private means an educational Use or Building operated by a private individual or company, for Commercial gain. - 5.176. Screen means a physical obstruction between incompatible land uses and may include one or a combination of retained vegetation, Fences, walls, beams, and/or newly Landscaped areas. - 5.177. Secondary Suite means a self-contained Dwelling Unit with a prescribed Floor Area located in a Building or portion of a Building of only residential occupancy that contains only one other Dwelling Unit and common spaces, and where both Dwelling Units are on an individual Lot or parcel, such as within an individual detached Dwelling, Semi-detached Dwelling, freehold row Dwelling, or Townhouse. A Secondary Suite may not exceed 80% of the Floor Area of the principal suite, or 80 square metres, whichever is greater, or as defined under NBCC. - 5.178. Seniors Residential Complex means a multiple unit Building not subject to use conversion, comprising independent housekeeping units for senior citizen occupancy, with common facilities for dining, recreation, leisure and which may include housekeeping, security, Personal Care, physiotherapy, and activity programs. - 5.179. Separation Distance means the horizontal distance, which may include a required Front, Side and/or Rear Yard on a Lot physically separating incompatible land Uses. - 5.180. Service Station Canopy means a permanent roofed Structure open on all sides, except the side attached to a service station to provide shelter for fuel pump customers. - 5.181. Setback means the distance between the property line and nearest Building wall and extending the full Lot width or length. - 5.182. Shopping Centre means a collection of independent Retail stores, services, and Offices housed in a Building(s) usually constructed and maintained by a single management unit and with common services, parking, internal vehicle circulation, and access roads, and may contain separate and stand-alone buildings. - 5.183. Sign means a Structure, device, light or natural object including the ground itself, or attachment thereto, used to advertise any object, product, place, activity, or Person, or which displays any letter, work, model, number, banner, flag, pennant, insignia, device or representation to so advertise, and which is visible off-premises or from a parking Lot, and does not include representations located inside of or on windows and glass doors of Commercial Uses.  ## 5.184. Sign Area means: - 5.184.1. the area of the display surface not including the support Structure; or - 5.184.2. where a Sign has two or more sides, or is conical, spherical, or tubular, Sign Area shall mean one half of all display surface area; or - 5.184.3. where a Sign comprises freestanding characters or shapes, Sign Area shall mean the area of the smallest quadrangle enclosing the composing characters or shapes; ## 5.184.4. Service Station Canopies are exempt from provisions of this definition. - 5.185. Sign, Directory means a Sign Erected or authorized to be Erected by Council that may be Erected on public property listing the names and/or locations of local businesses. - 5.186. Sign, Display Surface means that portion of a Sign, including any trim and moulding, which forms the surface upon which elements are organized, related, and composed to form a unit that conveys a message. - 5.187. Sign, Facial Wall means a Sign attached to and supported by a Building wall. - 5.188. Sign, Flashing means a Sign, which by means of electrical devices gives the effect of an intermittent movement or changes to give two or more visual effects, or alternates with a lit and unlit effect. - 5.189. Sign, Ground means a permanently affixed Sign supported by one or more uprights, poles or braces placed in or upon the ground. - 5.190. Sign, Illuminated means a Sign providing artificial light directly, or through any transparent or translucent material, from a connected source, or by a light directed at the Sign, and may include a Light Emitting Diode (LED). - 5.191. Sign, Menu Board means a permanently mounted Sign displaying drive-through Restaurant bills of fare and may comprise separate components. - 5.192. Sign, Portable means a Sign not permanently affixed to the ground, including sandwich board Signs. - 5.193. Sign, Projecting Wall means a Sign supported by and projecting a minimum of 30.5cm from a Building wall. - 5.194. Sign, Roof means any Sign Erected upon, against, or directly above a roof, or on top of, or above the parapet of a Building. - 5.195. Sign, Special Event means a Sign supported on a moveable Structure or a banner displayed temporarily and concurrent with a special event, festival, holiday, business opening or closing. - 5.196. Some Third Party means any Sign advertising a business at an of site location within the - 5.197. Sign, Temporary means a Sign that may be Erected for a specified period of time and may include portable Signs, banners, constructions Signs, and the like. - 5.198. Special Care Facility means a Building in which housing and Personal Care are provided and in which incidental counselling and support services may be provided to four or more Persons, including group homes, sheltered housing, foster homes, half-way houses, and which does not include nursing care or establishments maintained by a Person to whom the residents are related by blood or marriage. - 5.199. Street means any road, Highway, boulevard, square or other improved thoroughfare that is owned and maintained, by the Province of Nova Scotia or the Town. - 5.200. Street, Arterial means a roadway used primarily for through traffic to carry large volumes of all types of vehicular traffic moving at medium to high speeds. Arterials typically connect with collectors and other arterials, carrying through traffic between major land Uses. The amount of direct access to adjacent Development is limited on arterial roads. Generally, there are controlled pedestrian crossings on arterials and a clear separation between pedestrian and vehicular traffic. - 5.201. Street, Collector means a roadway providing land access and traffic movement in equal measure, carrying moderate speed traffic between local and arterial roadways. - 5.202. Street, Local means a roadway whose primary function is to provide direct access to individual properties. Locals are tynically designed to carry low traffic volumes, moving at slow speeds for short distances. They normally connect to other locals and collectors and serve residential land Uses. Generally Local Streets do not have sidewalks, vehicular and pedestrian traffic share the same Right-of-way. - 5.203. Street Line means the boundary line of a roadway, including sidewalks. - 5.204. Structure means an Erection built or constructed of joined parts or affixed to or supported by soil or by any other Structure including, without limitation, Buildings, Signs, Swimming Pools and Fences. - 5.205. Studio means the working space of a Person producing Artwork or other creative enterprise. - 5.206. Subject Property means the Lot and all Structures with contents that are the subject uf review. - 5.207. Swimming Pool means a permanent or portable water-filled Structure, above ground or inground, with a minimum water depth of 0.6 metres (2') below surrounding land level, used fer sures, and is and an Accessory Sires not include Reflecting Pools or other Landscaping - 5.208. Telecommunication means any facility, apparatus or related Tower, antennae, Building or equipment with capacity for or connected with Telecommunications, including a transmission facility, and excluding amateur or shortwave radio and residential or small Commercial television or radio reception equipment such as satellite dishes. - 5.209. Temporary Building/Structure means a Structure without any foundation or footings and which is removed when the designated time period, activity, or Use for which the Temporary Building/Structure was Erected has passed. - 5.210. Temporary Use means a Use established for a fixed time period to be discontinued upon the expiration. - 5.211. Tourist/Guest Home means an establishment providing Accommodation for the Use of the travelling or vacationing public, with a maximum of four rental units (bedrooms) and a common living room in a private home that may provide breakfast for compensation. - 5.212. Tourist Establishment means a Building used to accommodate the travelling public by provision of sleeping Accommodation for compensation. - 5.213. Tower means any Structure that supports antennae, including self-supporting lattice Towers, guy Towers, or monopole Towers, and includes radio and television transmission Towers, microwave Towers, common-carrier Towers, cellular telephone Towers or personal communications services Towers. - 5.214. Town means the municipalities of the Towns of Pictou, Stellarton, and Trenton, or their municipal enterprises, as applicable. - 5.215. Town Engineer means the Person appointed by the applicable Town, with powers pursuant to the MGA. - 5.216. Traffic Authority means the Local Traffic Authority for the applicable Town, appointed per the Motor Vehicle Act, R.S., c. 293. - 5.217. Turbine, Large Scale Wind (LWT) means a Wind Turbine providing power to the local Utility grid, with a minimum power generation capacity of 100 kilowatts, and a maximum height of 150 metres. - 5.218. Turbine, Mini Wind (MWT) means a Wind Turbine providing supplemental power to a home or business, with a maximum power generation capacity of 10 kilowatts, and a maximum height of 22.9 metres. - 5.219. and a maximum height of 52 metres, which may also be used for net metring. - 5.220. Use means that for which land or Structures are purposed. - 5.221. Utility means any public or private system, works, plant, equipment providing servicing for public Use at approved rates, and which is not Obnoxious. - 5.222. Variance means a relaxation of LUB terms, as particularized in the MGA. - 5.223. Verandah means a roofed or open Structure that may be glazed or Screened and that is attached to a Building. - 5.224. Video Outlet means a Building or portion thereof used for video and related accessory sale, lease or rental. - 5.225. Warehouse means a Building used primarily for the storage and distribution of goods and materials and may include wholesale or Retail activity, provided such activity is subordinate to the main Use. - 5.226. Watercourse means as defined in the Environment Act, SNS 1994-95, c. 1 and includes the bed and shore of every river, stream, lake, creek, pond, spring, lagoon or other natural water body and any water therein, whether it contains water or not, and all ground water. - 5.227. Wetland means as defined in the Environment Act, SNS 1994-95, c. 1 and includes a marsh, swamp, fen or bog that either periodically or permanently has a water table at, near or above the surface or that is saturated with water and sustains aquatic processes. - 5.228. Wholesale Establishment means a Building in which quantity commodities are sold to industrial, institutional, and Commercial users or to retailers or other merchants for resale or business Use. - 5.229. Wind Test Tower means a temporary Tower and mechanical device used to measure wind dynamics for potential Wind Turbine locations. - 5.230. Wind Turbine means a mechanical Structure that converts kinetic wind energy into electrical power. - 5.231. Wind Turbine Development means a collection of two or more Wind Turbines with placement over a specified area with connection to the local Utility grid. - 5.232. Wind Turbine Height means the measurement of a Wind Turbine from grade to the highest point of the Rotor's Arc. - 5.233. Yard means an open uncovered space on a Lot appurtenant to a Building and unoccupied by Structures, with measurements to be obtained by minimum horizontal distance from the respective Lot lines to the Building and does not include a Court. - 5.234. Yard, Abutting means a Yard contiguous with or extending across Zone boundaries. - 5.235. Yard, Flankage means the Side Yard of a Corner Lot that extends from the Front Yard to the Rear Yard between the flankage Lot line and the nearest Building or Structure Main Wall.  - 5.236. Yard, Front means a Yard extending the full width of a Lot between the front Lot line and the nearest Building or Structure wall on the Lot. - 5.237. Yard, Minimum means the smallest permitted Yard. - 5.238. Yard, Rear means a Yard extending the full width of a Lot between the rear Lot line and the nearest Main Building or Structure wall on the Lot. - 5.239. Yard, Sade me and a aares Bunding or shercture wal on the lear Yard of a Lot between - 5.240. Youth Centre means a Building or part of a Building, which provides youth-oriented activities owned and/or operated by a community non-profit organization or as a private business in association with a Community Centre. - 5.241. 41. Zoname ans land as disign earn the coas mi beyond reing Map boundaries shal have the same zoning as immediately adjacent lands. ## Part 3: Administration ## Development Officer Development Officers shall be appointed pursuant to the MGA to issue Development Permits and carry out such duties as are prescribed by legislation or by this By-Law and shall perform such other duties as Council may direct. ## 7. Development Permit - 7.1. No Development shall be undertaken without an issued Development Permit, unless otherwise set out in this LUB, or applicable legislation. - 7.2. Every Development Permit is valid for twenty-four months from the date issue. - 7.3. Development Permits shall be: - 7.3.1. MGA and LUB compliant; and - 7.3.2. granted pursuant to section 235 of the MGA, respecting Variances and the time for appeal has lapsed and there is disposition of any appeal, pursuant to section 237 of the MGA. ## Deviations - 8.1. No developer shall deviate or permit deviations to be made from the Development Permit except for minor revisions or Alterations that do not contradict the Development Permit, unless such revisions or Alterations are acceptable by the Development Officer, who shall make determinations in this regard. - 8.2. provelopment Permit may be reneed for an additional twenty-four month period - 8.2.1. no prior renewals have been issued; and - 8.2.2. continued MGA and LUB compliance. ## Right of Entry Duly authorized municipal employees shall have the right uf entry for inspection purposes, pursuant to the MGA. ## 10. Lapse of Permits A Development shall commence from the date of Permit issued under this or any previous LUB, but approval shall automatically lapse, and become null and void, if the Development to which it relates has not commenced and one year has elapsed since its issuance. ## 11. Revocation of Permits A Development Permit, where the permit was issued on mistaken or false information may be revoked when issued. Revocation shall be in writing and served in accordance with notice provisions of the MGA. ## 12. Refusal of Permits Devions the mi real shall be in writing and served in accordance with notice ## 13. Violations Violations shall be addressed per sections 266 and 267 of the MGA, or any other applicable legislation. Any non-compliance with the requirements of this bylaw can result in the payment of fines and/or other remedies as outlined under Section 266 and 267 of Part VIII of the Municipal Government Act. ## 14. Application for Development Permits ## 14.1. Contents of Application Development Permit applications shall be authorized in writing by the Lot owner or agent, with attached plan to applicable scale, or information otherwise acceptable to the Development Officer, as showing: - 14.1.1. the accurate shape and dimension of the Lot or property to be used for Development; - 14.1.2. proposed Use, location, height, and dimensions of the subject Structure, including measurements of the Lot Frontage, Front, Side and Rear Yards; - 14.1.3. location of existing Structure already constructed, or partly constructed on such Lot and the location of every Building or Structure existing upon abutting Lots or properties; - 14.1.4. the proposed location and dimensions of Parking Areas, Parking Spaces, Loading Spaces, driveways, curbs, Landscaping; and - 14.1.5. other information as may be required to determine compliance. ## 14.2. Survey of Lands Where the Development Officer is unable to determine whether the proposed Development conforms to legislation, the Development Officer may require a survey by a Professional Surveyor with the application. ## 15. Planning Advisory Committee A Council may appoint a Planning Advisory Committee pursuant to section 200 of the MGA to advise on the preparation or amendment of planning documents or planning matters in general. ## 16. General By-Law Provisions ## 16.1. Notices of applications for SPA or Variances Notices respecting SPA or Variance applications shall be provided to property owners within 30 metres (100 feet), (and a minimum of two (2) properties removed from the subject property boundary in the Town of Pictou), whichever is less, of the Subject Property. Such notice shall: - 161.1. descrihe the proposed Variance or Development: - 16.1.2. provide the date, time and place for the public hearing, if applicable; and - 16.1.3. be served in accordance with MGA notice provisions. - 16.2. Cost of Advertising for SPA or Variance applications All fees, including without limitation, applications, amendments and notice fees, shall be in accordance with policy per MGA 49(1) (c). ## Part 4: Interpretation of Maps and Text ## 17. Zone Classification Tor he purpose of this ly day, the on are dily ded into sol classications, the Table 1 - Zone Classifications | ZONE CLASSIFICATION | SYMBOL | |----------------------------|----------| | Rural Residential | RR | | Residential Single Unit | R1 | | Residential Two Unit | R2 | | Residential Multiple Unit | R3 | | Residential Mini Home Park | R5 | | Residential Tiny Home | R6 | | Downtown Core | C1 | | Neighbourhood Commercial | C2 | | Highway Commercial | C3 | | Commercial Business Park | C4 | | Light Industrial | M1 | | Provincial Resource | M2 | | General Industry | M3 | | Institutional | I | | Recreation | | | Floodplain | | | Waterfront | W | | Water Supply | WS | | Airport | AP | ## 18. Zoning Map Schedule A forms part of this By-Law. ## 19. Interpretation of Zoning Boundaries - 19.1. Boundaries between Zones, as shown on Schedule A, shall be determined as follows: - 19.1.1. for a Street, railway Right-of-way, electrical transmission line Right-of-way or Watercourse, the boundary shall be the centre line of the Street, Right-of-way or the top of the bank of the Watercourse; - 19.1.2. for Lot lines, the boundary shall follow the Lot lines; - 19.1.3. where a Street, Highway, railroad or rail right-of- way, electrical transmission line Right-of-way, Watercourse or other linear feature is included on Schedule A and serves as a boundary between two or more Zones, a line midway on such Right-of-way. Watercourse or other linear feature, and extending in the general direction of the long division thereof, shall be considered the boundary between Zones unless specifically indicated otherwise; and - 19.1.4. where the Zone boundary is indicated as following the shoreline of a river or bay, the boundary shall follow the actual shoreline, including wharves and piers. ## 20. Zones not on Zoning Map Schedule A may be amended provided that the amendment conforms to the Generalized Future Land Use Map (GFLUM) and the MPS. ## Part 5: All Zones ## 21. General ## 21.1. Permitted, As of Right and Prohibited Uses In this By-Law any Use not listed as a permitted Use in a Zone is prohibited in that Zone excepting where the Use is nonconforming per section 238 of the MGA, or as per section 21.5 of this By-Law. Notwithstanding anything else in this bylaw, any use listed as a permitted, as-of-right use, shall be interpreted as being permitted without a discretionary approval process, and not be subject to any discretionary approval process, such as a site plan approval or development agreement. ## 21.2. Licenses, Permits and Compliance with this and other By-Laws This By-Law is intended to add to, and not to conflict with or subtract from, the requirements contained in valid provincial or federal legislation and regulations in force from time to time and shall be interpreted accordingly. ## 21.3. Multiple Land or Building Uses In any Zone permitting multiple Uses, provisions regulating all Uses shall apply, and adherence to the most stringent standard shall apply. - 21.4. Existing Non-conforming Uses, Structures or Land Any Non-conforming Building, Structure or land Use, including where construction has commenced on such Use as of the effective date of this By-Law, shall be subject to the MGA provision respecting Non-conforming Uses. - 21.5. Changes to Non-conforming Uses, Structures or Land - 21.5.1. Notwithstanding section 21.4, DA (Policy G-18) and SPA (Policy IM-23) applications (where enabled, see section 31) may be considered, subject to the MGA provision respecting Non-conforming Uses, for the following: - a. Non-conforming Structure or Structure Use Alteration; - c. Non-conforming Structure or Structure Use discontinuation; recommencement after - b. Non-conforming Structure or Structure Use rebuilding after destruction; - d. Non-conforming Structure change in Use; - e. Non-conforming Structure change in Use to a Non-conforming Use; and - f. Non-conforming Use expansions. - 21.5.2. Notwithstanding anything else in the By-Law, the Use of a Building may be changed to a Use permitted on the Lot by this By-Law where the Lot Frontage, any Yard, or Lot Area required or all of these is less than the requirements of the By-Law, provided that the Building was existing on or before the effective date of this By-Law and that all other requirements of the By-Law are satisfied. - 21.5.3. Where a Building has been Erected on or before the effective date of the By-Law, on a Lot which has less than the Minimum Yard or Yards required by this By-Law, the Building may be enlarged, reconstructed, repaired, or renovated provided that: - a. the enlargement, reconstruction, repair, or renovation does not further reduce any Yard that does not comply to this By-Law and for enlargement or reconstruction he Minimum Yard requirement shall be 1.2 metres (4 feet), except wher otherwise permitted; and - b. all other applicable provisions of the By-Law are satisfied. - 21.5.4. Notwithstanding anything else in this By-Law, an existing undersized Lot described in a deed on or before the effective date of this By-Law, having less than the minimum frontage or area required by this By-Law, may be used for a purpose permitted in the Zone in which the Lot is located and a Building may be Erected, enlarged, reconstructed, repaired, or renovated provided that all other applicable provisions in this By-Law are satisfied. - 21.5.5. For the purpose of this section, an undersized Lot which has had its frontage or area increased yet still remains undersized shall be considered an existing undersized Lot. ## 21.6. Temporary Uses Permitted - 21.6.1. Nothing in this By-Law shall prevent the Use of land or the Use or Erection of Temporary Buildings or Structures incidental to construction, including but not limited to: a construction camp, tool shed, scaffold, or a sales or rental Office incidental to construction. No Development Permit for such Temporary Uses, Buildings or Structures shall be required, provided that a Development Permit for the Main Buildings has been issued. Such Temporary Use shall be terminated no more than sixty (60) days after the completion of the construction of the main Structure. - 21.6.2. Nothing in this By-Law shall prevent the Use of land or the Erection of Temporary Buildings, Structures or Signs for special occasions and holidays and no Development Permit shall be required for such Temporary Uses, provided that such Use of Buildings, Structure or Sign remains in place no more than fourteen consecutive days, or as otherwise permitted by Council. - 21.6.3. Temporary Signs shall be permitted in accordance with section 23.14 herein. ## 21.7. Outdoor Swimming Pools and Reflecting Pools - 21.7.1. Swimming Pools shall comply with the requirements of the Swimming Pool By-Law for the applicable Town. - 21.7.2. In addition, no Development Permit shall be issued for an outdoor Swimming Pool unless the pool conforms to the following requirements: - a. a Swimming Pool, or the Yard in which it is located, shall be enclosed by a Fence or combination of Buildings and Fences, and for in-ground Swimming Pools, the Fence shall be situate no closer than 1.2 metres (4 feet) from the inside edge of the Swimming Pool; - b. the enclosure shall: - i. completely enclose the Swimming Pool or Yard in which it is situate; - ili. have no opening greater than 10 cm (4 inches) in any part of the Fence, gate, or enclosing Structure; - ii. create a barrier a minimum of 1.5 metres (5 feet) from the ground to the top of the Fence, gate, or enclosing Structure; and - c. Swimming Pools shall comply with the Setback requirements per section 21.25 and section 21.26 of this By-Law as well as Table 2: Permitted Encroachments in Yards; 6. do 2 Swimming Pool shall not he permitted in a required Front Yard in residential - e. in Commercial, Institutional (I) or Recreation (P) Zones, the minimum Setback from any Lot line shall be 6.1 metres (20 feet), measured from the property line to the inside edge of the Swimming Pool; and - f. unobstructed public access to a Swimming Pool is not permitted, and access shall be limited via: - i. a self-closing and self-latching gate a minimum of 1.5 metres (5 feet) in height; - iii. an Accessory enclosing or partially enclosing Building provided unobstructed access through the Structure is not permitted. - ii. a main enclosing or partially enclosing Building; or ## 21.7.3. Reflecting pools shall not require a Development Permit. ## 21.8. Fence Regulations No Development Permit shall be required for a Fence up to 1.8 metres (6 feet) in height on a residential property, or in a residential Zone, provided the following requirements are met: - 21.8.1. Fences shall have a maximum height of 3.6 metres (12 feet), except in a Residential Zone where the maximum height shall be 1.8 metres (6 feet). Fences under 2.4 metres (o teet) on a non-residential property in a non-residential Zone do not require a Development Permit. Proposed fences greater than 1.8 metres (6 feet) in height must be approved by Council; - 21.8.2. no Fence shall exceed 0.6 metres (2 feet) in height within a Corner Vision Triangle; - 21.8.3. Fences within 1.8 metres (6 feet) of a Lot line abutting a Street shall have a maximum height of 1.2 metres (4 feet); - 21.8.4. electrified Fences are permitted only with an agricultural Use; - 21.8.5. Fences with supporting Structures shall be constructed with the supporting parts facing away from any abutting public Right-of-way; and - 21.8.6. barbed wire Fences are permitted only with a permitted non-residential Use. ## 21.9. Truck, Bus and Coach Bodies No truck, bus, coach, Streetcar body, Recreational trailer or vehicle, or Structure of any kind whether or not wheel-mounted, excepting a Mobile Home or Dwelling Unit compliant with municipal legislation, shall be used for human habitation. The conversion of shipping containers may be permitted, provided that the dwelling is NBCC compliant, and has aesthetic requirements acceptable to the Development Officer. ## 21.10. Public Uses and Utilities This By-Law shall not regulate Use, or construction or reconstruction of any Building or Structure for public service, including for housing, education and other similar services, provided by the Towns, a Utility or Provincial or Federal Governments. ## 21.11. Main Building with Walls of 6.1 Metres (20 feet) or Less No Development Permit shall be issued for any Main Building with a Main Wall of 6.1 metres (20 feet) or less excepting the Residential Mini Home Park (R5) Zone, Residential Tiny Home (R6), or kiosks or other like Structures in any Zone, or for Tiny Home Dwellings, where permitted. ## 21.12. Structure to be Moved No Person shall move a Structure within or into the area covered by this By-Law without obtaining a Development Permit from the Development Officer. ## 21.13. Outdoor Furnaces Outdoor Furnaces shall comply with the requirements of the related by-law for the applicable Town. ## 21.14. Yard and Garage Sales - 21.14.1. Yard and Garage sales are permitted in any Zone without a Development Permit, provided the following requirements are met: - a. the Yard or Garage sale is conducted by: - ii. a non-profit group, community association, or like group with owner's permission; - i. an owner/resident of the property; or - b. a Yard or Garage sale may occur for a maximum of twenty (20) days per year per property; and - c. a Yard or Garage sale may run for a maximum of three consecutive days. - 21.14.2. Signage advertising a Yard or Garage sale may be posted no more than 48 hours prior to the sale and must be removed within 48 hours of the sale. ## 21.15. Street Frontage - 21.15.1. Development Permits may be issued only if the Subject Property abuts and fronts a public Street except where permitted otherwise. - 21.15.2. Notwithstanding, an existing habitable single Dwelling Unit on a Lot without frontage, but with public Street access may be added to provided: - a. compliance with remaining LUB provisions; - b. volume additions are limited to existing Structure height; - c. the subject Structure is an existing Non-conforming Structure on an existing Nonconforming Lot with legal access but no frontage; - d. the Building footprint is not increased by more than 30%; - e. the Floor Area of the existing Dwelling is not increased by more than 30%; and - f. no additional Dwelling Units are created. - 21.16. One Main Building on a Lot No Person shall Erect more than one Main Building on a Lot excepting: - 21.16.1. Buildings located in a Commercial, Industrial, Recreation, or Institutional Zone; - 21.16.2. Mini Homes located in a Mini Home Park Zone; - 21.16.3. multi-unit residential Uses in the Residential Multiple Unit (R3) Zone or other zone permitting same; and - 21.16.4. Garden Suites and/or Garage Suites where permitted in the applicable Zone. - 21.17. Building to Be Erected on a Lot All Buildings Erected must not cross a Lot line excepting Townhouses and Semi-detached Dwellings. - 21.18. Existing Building or Use - 21.18.1. A Building existing prior to the effective date of this By-Law on a Lot that is not LUB compliant in relation to Lot Area, frontage or Setbacks (Front Yard, Side Yard, Rear Yard) may be enlarged, reconstructed, repaired or renovated provided: - a. no further Setback reductions; and - b. compliance with remaining LUB provisions. - 21.18.2. An existing Building Use that is not LUB compliant in relation to Lot Area, frontage, Setbacks, or parking may be changed to a permitted Use in its Zone location provided compliance with remaining LUB provisions ## 21.19. Existing Undersized Lots and Flag Lots - 21.19.1. Notwithstanding other provision herein, a vacant Lot with a different owner from adjoining existing parcels that do not meet minimum frontage and/or area requirements may be: - a. used for a Zone permitted Use in which the Lot is located, and a Development Permit may be issued and a Building may be Erected on the Lot provided compliance with remaining LUB provisions; or - b. increased in area and/or frontage per the SDB. - 21.19.2. In addition to section 21.19.1, where such Lots are increased in size but remain undersized, they remain existing undersized Lots. ## 21.20. Reduced Lot Requirements - 21.20.1. Creation of an undersized Lot through a Registered Plan and consistent with MPS shall be deemed an existing undersized Lot. - 21.20.2. Notwithstanding any other provision herein, a Development Permit shall be issued for Development on a Lot created per IMPS and LUB proposing a Lot with less than the required minimum frontage and/or area provided: - a. neither reduction is less than 90% of LUB requirement; and - b. compliance with remaining LUB provisions. ## 21.21. Restoration to a Safe Condition Building or Structure restoration to a safe condition shall be permitted, and for Nonconforming Uses, section 241(1) MGA applies. ## 21.22. Permitted Encroachments into Yards Excepting Accessory Buildings, required Yards shall be open and unobstructed by any Structure, tabled as follows: Table 2 - Permitted Encroachments into Yards | STRUCTURE | YARD PERMITTED | MAXIMUM PROJECTION | |-----------------------------------------------------------------------------------|------------------|---------------------------------------------------| | Belt courses, cornices, eaves, gutters, chimneys, sills, or pilasters | any Yard | 0.G m (2 ft) | | Window bays | any Yard | 0.9 m (3 ft), with a maximum width of 3 m (10 ft) | | Steps, stairways | any Yard | 1.8 m (6 ft) | | Porches (not exceeding 1 storey), uncovered Decks, Verandahs, balconies, terraces | any Yard | | | Carports, attached Garages | any yard | 0.9 m (3 ft) | | Structures necessary for barrier free access | any Yard | to Lot Line | | Fire exit, exterior staircase | Rear, Side | 1.5 m (5 ft) over a maximum width of 3 m (10 ft) | |---------------------------------|-------------------------------|----------------------------------------------------| | Swimming Pools | Rear, Side (but not flankage) | Within 1m (3 ft) of a property line | ## 21.23. Height Regulations - 21.23.1. Church spires, water tanks, elevator enclosures, silos, emergency signal Structures, flag poles, telephone or television or radio antennae, Telecommunications Towers, Wind Turbines (per section 26 of this By-Law), ventilators, skylights, barns, chimneys, clock Towers, light standards, satellite dishes, cupolas, or any mechanical or ornamental roof construction, including roof structures required for the support of solar panels, or statues or works of art are excepted from height regulations herein. - 21.23.2. Building Height shall be determined by calculating the vertical distance of a Building between the Established Garage and: - a. the highest point of the roof or the parapet of a flat roof; - b. the Deck line of a mansard roof; or - c. the mean level between eaves and ridges of a Gabled, hip, gambrel or other type of Pitched roof. ## 21.24. Illumination - 21.24.1. All outdoor lighting, including Illuminated Signs shall direct an area outside a Building vith illumination away from adjoining properties and Streets and shall not shine above he horizontal. All outdoor lighting fixtures in or abutting a Residential Zone ol Designation shall be dark sky complementary fixtures that do not permit light to shine above the horizontal. - 21.24.2. Signage within or abutting a Residential Zone shall: - a. only be illuminated during regular business hours; and - b. not be indirectly illuminated by spotlights directed towards a property within the Residential Zone or Designation. ## 21.25. Corner Vision Triangle - 21.25.1. Notwithstanding other provision herein, a Fence, Sign, hedge, shrub, bush, or tree or any Structure or vegetation, shall not be Erected or permitted to grow to a height exceeding 0.6 metres above grade, as applicable. - 21.25.2. Section 21.26 notwithstanding, in the Downtown Core (C1) Zone Development excanding 0.6 metres (2 feet) in height shall be permitted within the Corner Vision - 21.25.3. Section 21.26 notwithstanding, where turning lanes have been installed and cut through the intended Corner Vision Triangle, Development exceeding the height limitation of 0.6 metres (2 feet) shall be permitted. ## 21.26. Flankage Yards Notwithstanding other provision herein, no part of any Building, Accessory Building, or Swimming Pool situate on a Corner Lot shall be closer than 4.6 metres (15 feet) to the Rightof-way of the flanking Street. Buildings situate in the Downtown Core (C1) Zone shall be exempt from Front or Flankage Yard requirements. ## 21.27. Yard and Density Exceptions - 21.27.1. Where a Front, Side, or Rear Yard are required, and part of the area is usually covered by water, or is beyond the rim of a riverbank or Watercourse, or between the top and toe of a cliff or embankment having a slope of 25% or more from the horizontal, then the required Yard shall be measured from the nearest Main Wall of the Main Building or Structure on the Lot to the rim of said riverbank or Watercourse, or to the top or toe of said embankment, if such area is closer than the Lot lines. - 21.27.2. Such areas shall also be excluded from permissible density calculations for Multiple Dwelling Units and Amenity Space requirements. - 21.28. Altering of Land Levels in Relation to Development Where an approved Subdivision Drainage and Grading Plan, as required under the SUB, is in effect, any proposed Development on Subject Property shall comply with the Approved Subdivision Drainage and Grading Plan. - 21.29. Accessory Buildings and Structures not for Human Habitation An Accessory Structure shall not be used as a Dwelling Unit except where a Dwelling is a permitted Accessory Use, such as a Garage Suite or Garden Suite. - 21.30. Yard Requirements for Accessory Buildings, Structures and Uses An Accessory Building, Structure or Use shall not: - 21.30.1. be located within the required Front Yard of a Lot; - 21.30.2. be built closer to a Street than the required Yard Setback; - 21.30.3. be Erected closer than 4.6 metres (15 feet) to the Lot line of the flanking Street; - 21.30.4. be built within 1.8 metres (6 feet) of the Main Building; - 21.30.5. exceed 4.6 metres (15 feet) in height except in an Industrial or Highway Commercial Zone, or in the case of a Garage Suite shall not exceed 5.5 metres (18 feet), and maintain a minimum Setback distance of 1.8 metres (6 feet) from any Lot line; - 21.30.6. be built closer than 1.2 metres (4 feet) to a Lot line except that: - a. common semi-detached Garages may be centred on the mutual side Lot line; and - b. Accessory Buildings with no windows or openings on the side of the Building facing said Lot line may be located a minimum of 0.6 metres (2 feet) from said Lot line in any Residential Zone; and 2. 21.30.7. consist of a Motor Vehicle, trailer, shipping container, mobile Office, mobile classroom, or like vehicle or Structure or portion thereof in any Residential Zone whether wheelmounted or on a foundation. 3. 21.30.8. Only proposed accessory buildings where permits are required under the NBCC shall be required to acquire a development permit. ## 21.31. Accessory Structures and Uses An Accessory Structure or Use shall not be permitted: - 21.31.1. on a Lot separate from the Main Building or Use, except where the abutting lot has the same ownership; or - 21.31.2. if a Main Building or Use is not on the Lot. - 21.32. Maximum Building Footprint for Accessory Structures and Uses An Accessory Structure shall not have a Building footprint in excess of 70 square metres 753 square feet) except in an Industrial (M1, M2, M3), Highway Commercial (C3) or Commercial Business Park (C4) Zone, or for Lots with an area greater than 700 square metres (7,534 square feet) Accessory Buildings shall not exceed the lesser of 93 square metres (1,000 square feet) in total Floor Area or 10% of the total Lot Area. ## 21.33. Certain Structures Exempt Drop awnings, clothesline poles, garden trellises, sidewalks, curbs, bollards, and retaining walls are not Accessory Buildings and Structures. ## 22. Parking and Loading ## 22.1. Off-Street Parking Design Standards - 22.1.1. Every Building or Structure Erected or enlarged shall provide off-street parking with unobstructed public Street access. - 221.2. Thing renuiremen for ear individual and slopment shall be the total calculated - 22.1.3. For an existing Use expansion, only new usable Floor Area or new seating capacity shall be included in the parking calculations for a Development proposal. - 22.1.4. Where a parking calculation results in a fraction, the required Parking Spaces shall be rounded up to the next whole number. - 22.1.5. A private Parking Area shall be located within 91 metres (300 feet) of the serviced location. - 22.1.6. Parking and loading Areas shall be located within the same Zone as the Use to which such areas are accessory. - 22.1.7. Parking Areas shall consist of Parking Spaces for individual vehicles, Loading Spaces where specified, and driveways or aisles for Parking Space access and vehicle maneuvering. - 22.1.8. Each Parking Space shall have a minimum area of 16.7 square metres (180 square feet) and shall measure 2.7 metres (9 feet) by 6.1 metres (20 feet). - 22.1.9. Proposed parking facilities for more than four vehicles are subject to criteria as follows: - a. the Parking Area shall he maintained with a stahle all-weather surface to prevent particulate material, and a Professional Engineer-approved surface storm water system; - b. no gasoline pumps or other service station equipment shall be located or maintained on the parking Lot; - c. driveways or approaches to a Parking Area shall be defined by a curb of concrete, rolled asphalt or wood and the limits of the Parking Area shall be defined by a Fence, curb or other suitable aesthetic obstruction; - d. where feasible, the location of approaches or driveways shall be a minimum of 15.2 metres (50 feet) from the limits of the Right-of-way of a Street intersection; - f. from any one Lot, there shall be a maximum of two exit ramps and two entrance ramps accessing any one public Street; - e. the minimum width of a driveway or aisle in a Parking Area shall be 3 metres (10 feet) for one-way traffic and 6.1 metres (20 feet) for two-way traffic; - g. in the Institutional (I), Recreation (P), Downtown Core (C1), Neighbourhood Commercial (C2) Zone, or any Residential Zone, the width of any ramp leading to a Parking Area shall have a minimum width of 3.7 metres (12 feet) for one way traffic and a maximum width of 7.6 metres (25 feet) for two-way traffic; - h. a Landscaped strip at least 3 metres (10 feet) wide shall be provided and maintained between the Parking Area and any abutting public Right-of-way, excepting any driveways or pedestrian walkways; and - i. parking Lots with forty (40) or more spaces shall be engineer reviewed and shall include 30 square metres (320 square feet) of Landscaped area, and no bay of Parking Spaces may extend for more than 55 metres (180 feet) without Landscaping. - 22.1.10. Where multiple Parking Spaces are required, those spaces shall not directly access a public Street. ## 22.2. Off-Street Parking Requirements - 22.2.1. Parking Space for the physically challenged shall be provided as per the requirements of the Nova Scotia Building Code Act Regulations. The minimum dimensions for accessible Parking Spaces shall be 3.7 metres (12 feet) x 6 metres (20 feet) and shall be located closest to an accessible barrier-free entrance, have a slip-resistant and leve urface, and be identified as reserved for the Use of Persons with physical challenges ## 22.3. Parking Stalls Table 3 - Designated Parking Stalls | NUMBER OF PARKING STALLS | NUMBER OF DESIGNATED STALLS REQUIRED FOR WHEELCHAIRS | |-------------------------------------------------------|--------------------------------------------------------| | 2 - 15 | | | 16 - 45 | 2 | | 46 - 100 | 3 | | 101 - 200 | 4 | | 201-300 | 5 | | 301-400 | 6 | | 401 - 500 | 7 | | 501-900 | 8 | | 901-1300 | | | 1 301 - 1 700 | 10 | | each increment of up to 400 stalls in excess of 1,700 | one additional space | Where on-site parking is provided, parking stalls for use by disabled Persons shall be provided (a) as designated by Table 3.8.2.2. as contained within the 2010 NBCC, (c) one parking stall for each barrier free residential suite. (b) one parking stall for disabled Persons shall be provided for each viewing position required in assembly occupancies in Sentence 3.8.2.1.(3) as contained within the 2010 (NBCC) or - 22.3.1. The parking requirement for mixed Use Development shall be the total calculated parking requirements for each Use. - 22.3.2. Parking Spaces shall be in accordance with Tables 3 to 6 and the definition as follows shall apply: Place of Assembly means the occupancy or Use of a Building, or part thereof, by a gathering of Persons for civic, political, travel, religious, social, educational, recreational or like purposes, or for the consumption of food or drink, as defined under the NBCC. In the event of conflict between specific Use and Place of Assembly parking requirements, specific Use shall prevail. Table 4 - Parking Requirements for Residential Uses | TYPE OF BUILDING OR USE | PARKING REQUIRED | |------------------------------------------------------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------| | A residential Dwelling containing not more than 2 Dwelling Units | 1.5 Parking Spaces for each Dwelling Unit | | Seniors Residential Complex, Garage Suite, Garden Suite | 1 Parking Space for each Dwelling Unit | | All other residential Dwellings | 1.25 Parking Spaces for each Dwelling Unit | | Home Occupation | 1 Parking Space per every 27.9 m2 (300 ft?) of Floor Area, in addition to the residential Use requirements plus one additional Parking Space if Retail is involved | Table 5 - Parking Requirements for Commercial Uses | TYPE OF BUILDING OR USE | PARKING REQUIRED | |-------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------------------------------------------------| | Auto Repair, service stations, Car Washes | 4 Parking Spaces for each bay, or 7 waiting spaces per bay for an automatic Car Wash | | Beverage Room, Lounge, Cabaret | 1 Parking Space for every 9.3 m2 (100 ft?) of Floor Area | | Bed and Breakfasts, Boarding Houses | 1 Parking Space for each suite or rental unit in addition to those required by the other Uses, where applicable | | Bowling alleys and curling rinks | 6 Parking Spaces for every bowling lane or ice sheet plus requirements for Uses contained in the Building | | Day Care Centre | 1 Parking Space for every 46.4 m2 (500 ft?) of Floor Area, in addition to those required by the residential unit if applicable | | Funeral Homes | 1 Parking Space for every 4.7 m (50 ft?) of Floor Area for public seating. Minimum of 10 spaces | | Hotels, Motels, inns, lodging house, tourist cabins or other similar Accommodations | 1 Parking Space for each suite or rental unit | | Medical or dental practitioners, Offices or Clinics | The greater of 5 Parking Spaces for each practitioner or 1 Parking Space for every 18.6 m' (200 ft?) of Floor Area | | Offices | 1 Parking Space for every 28 m' (300 ft?) of Floor Area | | Personal Service Shops | The greater of 2 Parking Spaces for each chair, or 1 Parking Space for each 28 m2 (300 ft?) of Floor Area | | TYPE OF BUILDING OR USE | PARKING REQUIRED | |------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------| | Retail | 1 Parking Space for every 28 m' (300 ft ) of Floor Area | | Restaurants: Establishments | | | Full Service and Licensed Liquor | The greater of 1 Parking Space for every 4 eats provided, or 1 Parking Space per 4.6 m 50 ft?) of Floor Area devoted to public Us | | Drive In/Fast Food | 1 Parking Space per 3.3 m2 (35 ft?) of Floor Areas devoted to public Use | | Take Out | 1 Parking Spaceoter to public se of for are | | Theatres | 1 Parking Space for every 6 seats | | Wholesale Establishments | 1 Parking Space for every 93 mr (1,000 ft?) of Floor Area | | Veterinary clinic, Animal Hospital | 1 Parking Space for every 28 m2 (300 ft?) of Floor Area | | All other Commercial Uses | 1 Parking Space for every 28 m2 (300 ft?) of Floor Area | Table 6 - Parking Requirements for Institutional Uses | TYPE OF BUILDING OR USE | PARKING REQUIRED | |-----------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------| | Churches, Church halls, auditoria, halls, and other place of assembly | (50 ft?) of Floor Area for public Use | | Elementary Schools | 2 Parking Spaces for each teaching classroom | | High schools/Colleges | 4 Parking Spaces for each teaching classroom | | Hospitals | The greater of1 Parking Space for every 2 beds, or for every 37 m' (400 ft?) of Floor Area | | Special Care Facilities | The greater of 1 Parking Space for every 3 beds, or 1 Parking Space for every 46.5 m2 (500 ft?) | | Nursing Home | The greater of 1 Parking Space for every 2 beds, or 1 Parking Space for every 37 m2 (400 ft?) of Floor Area | ## Table 7 - Parking Requirements for Industrial Uses | TYPE OF BUILDING OR USE | PARKING REQUIRED | |---------------------------|---------------------------------------------------------------------------------------------------------------------------| | All Industrial Uses | 1 Parking Space for each 186 m2 (2,000 ft?) of Floor Area plus parking requirec for Offices and other Uses in the facilit | ## 22.4. Cash-in-Lieu of Required Parking - 22.4.1. Cash-in-lieu is calculated according to the following formula: C= AxP (X +Y)+Z Where: A= number of Parking Spaces required by the LUB; C- cash-in-lieu; P= area needed for a Parking Space plus factor to allow vehicle turning and access room = 29.7 m' (300 ft?) [(18.6 m2 (200 ft?) (6 m (20 ft) X 3 m (10 ft)) +11.1 m2 (120 ft?) (60% of area of Parking Space)]; Y= cost/square metre (to be determined by the proponent) for grading and surfacing the area to LUB standards; and X= assessed value/square foot of the proponent's land; Z= cost of Landscaping and maintaining the Parking Area for a five year period (to be calculated as 5% of the assessed value of the Parking Area). - 22.4.2. Cash-in-lieu shall be waived for new Commercial Developments or a change in Commercial Use of Downtown Core (C1) Zone properties, but cash-in-lieu shali be required for new residential Development. ## 22.5. Loading Spaces - 22.5.1. In any Zone, any Structure associated with regular shipping, loading and unloading of Persons, Animals, goods or materials shall be required to maintain on-premises one offstreet Loading Space for standing loading and unloading for every 2,790 square metres (30,000 square feet), or fraction in accordance, of Building Floor Area to a maximum requirement of six (6) Loading Spaces. - 22.5.2. In any Zone, any land Use involving regular shipping, loading and unloading of Persons Animals, goods or materials shall be required to maintain on-premises one off-street Loading Space for standing loading and unloading for every 2790 square metres (30,000 square feet), or fraction in accordance, of Lot Area to a maximum requirement of six (6) Loading Spaces. - 22.5.3. The provision of a Loading Space for any Building with less than 167 square metres (1,800 square feet) shall be optional. - 22.5.4. Each Loading Space shall measure a minimum of 3.7 metres (12 feet) by 12.2 metres (45 feet) with a minimum height clearance of 4.3 metres (14 feet). - 22.5.5. No Loading Space shall be located within any Front Yard or any Yard that abuts a Residential or Recreational Use. - 22.5.6. Loading Space areas, including access driveways, shall be constructed and maintained with a stable all-weather surface that is treated to prevent the particulate material. - 22.5.7. Loading Space ingress and egress shall be provided by unobstructed driveways) with a minimum width of 3 metres for one-way traffic and a maximum width of 7.6 metres (25 feet). - 22.5.8. Notwithstanding section 22.5.1 to 22.5.7, reuse of existing Buildings in the Downtown Core (C1) Zone shall not require Development of any new off-street Loading Space. ## 22.6. Vehicles Prohibited from Parking or Storage in Residential Zones - 22.6.1. No Commercial Motor Vehicle shall be kept in a residential Zone except for one (1) Commercial vehicle not exceeding 4,500 kg (10,000 lbs.) GVW (gross vehicle weight) and owned by the owner or occupant of the Lot. - 22.6.2. parked or stored within a Residential Zone. ## 22.7. Approval of Traffic Authority Traffic Authority approval is required prior to Development Permit issuance for the following: - 22.7.1. applications for Commercial, Industrial, Institutional and Recreational Uses (exempting Home Occupations); - 22.7.2. Development on corner properties and flanking Streets, where a minimum of 15.2 metres (50 feet) is required between an approach or driveway and the limits of the Right-of-way of a Street intersection; - 22.7.3. applications for multi-unit residential Uses, or where Development Agreements are otherwise required by MPS, where new or additional parking and/or access provisions are required; and - 227.4. Motor ebles (exempring Home cAre are required for more than twelve (12) ## 22.8. Vehicle Queuing for Drive-through Uses and Facilities - 22.8.1. Businesses providing drive-through services including, without limitation, banks, automatic Car Wash facilities, and Restaurants, shall provide queuing for Motor Vehicle queuing per Table 8 or as otherwise required by the Traffic Authority. - 22.8.2. All Motor Vehicle queuing shall have no other purpose and shall not interfere with any other Motor Vehicle movement on site including parking stalls, aisles, access and egress to and from the site. Table 8 - Vehicle Queuing Requirements | USE | QUEUING REQUIREMENT | |------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | Fast Food Restaurant Drive-Through | Queuing for 4 cars between the order board and the pick-up window and for 6 cars behind the order board, with total queuing length not less than 61 m (200 ft) | | Coffee shop Drive-Through | Queuing for 4 cars between the order board and the pick-up window and for 10 cars behind the order board, and Traffic Authority may require a traffic impact statement | | Rank Drive-Through | Quening for 5 cars | | Car Wash | Queuing for 3 cars beyond service bay/stall | ## 23. Signage ## 23.1. General All Erected, replaced, enlarged or relocated signage shall be subject to a Development Permit, and all Signs shall be maintained in good repair. - 23.2. Number of Signs In calculating Sign numbers: - 23.2.1. window Signs shall not be counted; - 23.2.2. section 23.14.1 permitted Signs shall not be counted; - 23.2.3. canopies or awnings, including Service Station Canopies, incorporating signage shall be counted, but the entire display surface of the canopy or awning shall be considered as one Sign; and - 23.2.4. random display without organized relationship of elements shall be counted with each element to be considered a Sign. - 23.3. Signs Permitted in all Zones Signs that are permitted in all Zones include: - 23.3.1. Signs not exceeding 0.5 square metres (5 square feet) in Sign Area denoting name and address of Residential and non-residential Buildings; - 23.3.2. Signs not exceeding 0.5 square metres (5 square feet) in Sign Area regulating property Use, denoting on-premises traffic or parking, or the direction or function of various parts of a Building, Structure or Lot; - 23.3.3. real estate Signs not exceeding 0.5 square metres (5 square feet in Sign Area in a Residential Zone and 4.6 square metres (50 square feet) in other Zones, advertising premises sale, rental or lease; - 23.3.4. government Signs, including without limitation, traffic, railway crossing, and safety Signs; - 23.3.5. memorial Signs or tablets, Signs denoting the date of Erection of a Structure, and the flag, pennant or insignia of any government; - 23.3.6. Signs not exceeding 9.3 square metres (100 square feet) in Sign Area that are incidental to construction and within the designated construction area, provided removal within 30 days of construction completion; - 23.3.7. vending machine and telephone booth Signs, Signs or devices denoting time, date or weather conditions, or like Signs that are not of primary advertising function; - 23.3.8. Signs on public property or public Right-of-way under municipal direction provided such Sign: - a. is a directional or identification Sign affecting public property; - c. does not advertise a business or product, excepting Signs at approved business or industrial park entrances naming businesses, organizations or occupants thereof; - b. is provincially compliant; and - 23.3.9. federal, provincial or municipal election Signs for the campaign duration, provided legislative compliance. ## 23.4. Signs Prohibited in all Zones Signs that are prohibited in all Zones include: - 23.4.1. Signs directly attached to or painted upon a Building roof; - 23.4.2. Signs compromising public safety or health; - 23.4.3. Signs obstructing traffic Signs, control devices or driver vision on public roadways or driveways due to size, location, content, colouring, or manner of illumination; - 23.4.4. Signs obstructing fire escape door, window, or other required exit-way access; - 23.4.5. business advertisement Signs painted on or attached to or supported by a tree, stone, cliff, or other natural object; - 23.4.6. Signs advertising non-operational businesses or obsolete products; - 23.4.7. Signs not Erected by a municipality located at or near sharp road curves or severe grade changes; - Signs not Erected by a municipality denoting "STOP", "LOOK", "ONE-WAY", "YIELD" or any singular words, phrases, symbols, lights, characters, or colours such as directional arrows that interfere with, mislead, or confuse public road traffic; - 23.4.9. Signs using string lights, other than temporary holiday decorations; and 23410. Spench s his, pences ais exas bansas, and streamers excepting for grand ## 23.5. Signs in Residential Zones Except where other provision herein, a Sign in the Residential Single Unit (R1), Residential Two Unit (R2), Residential Multiple Unit (R3), and Residential Mini Home Park (R5) Zones is permitted provided: ## 23.5.1. General: - a. one Sign maximum per property; and - b. Sign Area not exceeding 0.6 square metres (6.5 square feet); 3. 23.5.2. Ground Signs: - a. maximum height of 1.8 metres (6 feet), measured from grade to the highest point - b. no Sign portion (base, post, frame, or face) is located within 1.5 metres (5 feet) of any public Right-of-way or common property line; 6. 23.5.3. Subdivision/community entrance identification Ground Signs: - a. the Sign denotes only the neighbourhood or subdivision name; and - b. notwithstanding section 23.5.1 (b), Sign Area not exceeding 4.6 square metres (50 square feet); and 9. 23.5.4. notwithstanding section 23.5.1 (b), Bed and Breakfast may have a Sign not exceeding 0.9 square metres (10 square feet). ## 23.6. Signs in the Downtown Core (C1) Zone Except where other provisions are set out herein a Sign in the Downtown Core (C1) Zone is permitted provided: ## 23.6.1. General: - a. Three (3) Sign maximum per business; - b. Sign is located on the Lot containing the advertised business; and - c. where a property abuts a Residential, Institutional (I) or Recreation (P) Zone, the Sign is not located within an abutting Yard; ## 23.6.2. Facial Wall Signs: - a. no Sign extension is permitted beyond the extremities of the wall on which it is affixed; and - b. one Sign maximum per business for multiple occupancy Buildings; ## 23.6.3. Projecting Wall Signs: - a. no Sign extension more than 1.8 metres (6 feet) from the wall on which it is affixed; - c. no Sign Erection below a height of 3 metres (10 feet) above grade; and - b. no Sign extension above the eaves, parapet, or Building Roof Line; - d. maximum Sign Area of 1.5 square metres (16 square feet); ## 23.6.4. Ground Signs or free standing Signs: - a. maximum height of 6.1 metres (20 feet), measured from grade to the highest part of the Sign; - c. one Sign maximum per Lot; and - b. no Sign extension beyond a common property line or public Right-of-way; - d. maximum Sign Area of 4.6 square metres (50 square feet); ## 23.6.5. Portable Signs: - a. one Portable Sign maximum per advertised business; - c. direct placement in front of advertised business; - b. temporary status with normal business hour display only; - d. no pedestrian traffic obstruction; and - e. maximum Sign Area of 0.9 square metres (10 square feet). ## 23.7. Signs in Neighbourhood Commercial (C2) Zone Except where other provision herein, a Sign in the Neighbourhood Commercial (C2) Zone is permitted provided: ## 23.7.1. General: - a. two Sign maximum per business; - c. where a property abuts a Residential, Institutional (I) or Recreation (P) Zone, the Sign is not located within an abutting Yard; - b. Sign is located on the Lot containing the advertised business; and ## 23.7.2. Facial Wall Signs: - a. no Sign extension beyond the extremities of the wall on which it is affixed; - b. one Sign maximum per business for multiple occupancy Buildings; and ## c. Sign Area maximum of 10% of the wall area on which it is affixed; ## 23.7.3. Projecting Wall Signs: - a. no Sign extension more than 1.8 metres (6 feet) from the wall on which it is affixed; - c. no Sign Erection below a height of 3 metres (10 feet) above grade; and - b. no Sign extension above the eaves, parapet, or Building Roof Line; - d. maximum Sign Area of 1.5 square metres (16 square feet); ## 23.7.4. Ground Signs or free standing Signs: - a. maximum height of 4.6 metres (15 feet), measured from grade to the highest part - b. ofthen location within 1.5 metres (5 feet) of any public Right-of- way or common property line; - c. one Sign maximum per Lot: and - d. maximum Sign Area of 2.3 square metres (25 feet). ## 23.8. Signs in Highway Commercial (C3), Commercial Business Park (C4), Light Industrial (M1), General Industrial (M3) and Provincial Resource (M2) Zones Except where other provision herein, a Sign in the Highway Commercial (C3), Commercial Business Park (C4), Light Industrial (M1), General Industrial (M3) or Provincial Resource (M2) Zones is permitted provided: ## 23.8.1. General: - a. Four (4) Sign maximum per business; - c. on a property abutting a Residential, Institutional (I) or Recreation (P) Zone, the Sign is not located within an abutting Yard; - b. Sign is located on the Lot containing the advertised business; and 4. 23.8.2. Facial Wall Signs shall not be limited, provided: - a. maximum coverage of 0.3 square metres (3.2 square feet) per lineal foot of the wall on which it is affixed; and - b. Four (4) Sign maximum per business for multiple occupancy Buildings; 7. 23.8.3. Commercial Buildings, whether separate or attached to a Shopping Centre, with a minimum Gross Floor Area of 2,787 square metres (30,000 square feet), 75% of which is occupied by the main business occupant: - a. Four (4) Sign maximum displaying main occupant name, with remainder limited to advertising available subordinate services, goods, occupants, or the like in the Building, with a one Sign maximum for each service, good, occupant, or like; - c. no Sign extension beyond the extremities of the wall on which it is affixed; and - b. where attached to a Shopping Centre, section limitations apply only to the subject Commercial Building, not to the attached Shopping Centre; - d. no Sign projection more than 0.3 metres (1 feet) from the supporting wall; ## 23.8.4. Projecting Wall Signs: - a. no Sign extension more than 1.8 metres (6 feet) from the wall on which it is affixed; - c. no Sign Erection below a height of 3 metres (10 feet) above grade; and - b. no Sign extension above the eaves, parapet, or Building Roof Line; - d. maximum Sign Area of 1.5 square metres (16 square feet); 5. 23.8.5. Ground Signs or free-standing Signs to a maximum height of 10.6 metres (35 feet): - a. the height measurement taken from grade to the highest part of Sign or Sign fixture; - c. one Sign maximum per Lot; and - b. no Sign location within 1.5 metres (5 feet) of any public Right-of-way or common property line; - d. maximum Sign Area of 23.3 square metres (250 square feet); 10. 23.8.6. Ground Signs or free-standing Signs to a maximum height of 18.3 metres (60 feet): Notwithstanding other provisions set out herein in this section, a Ground Sign with a maximum of four Sign faces with Sign Area not exceeding 18.6 square metres (200 square feet) per face, 37.2 square metres (400 square feet) for two faces combined, 55.8 square metres (600 square feet) for three faces combined, or 74.4 square metres (800 square feet) for four faces combined, may be permitted provided: - a. the height measurement taken from grade to the highest part of Sign or Sign fixture; - c. for Illuminated Signs, maximum Sign Area of 14 square metres (150 square feet) and maximum height of 10.7 metres (35 feet) for the illuminated portion; - b. no Sign portion (base, post, frame, or face) is located within 7.6 metres (25 feet) to any public Right-of-way or common Lot boundary; and 4. 23.8.7. Ground Signs or free-standing Signs to a Maximum Height of 24.4 metres (80 feet): Notwithstanding other provision in this section, a Ground Sign to a maximum of 24.4 metres (80 feet) may be permitted in Highway Commercial (C3) or Commercial Business Park (C4) Zones provided that no Sign portion (base, post, frame, or face) is located within 15.2 metres (50 feet) of any public Right-of-way, common Lot boundary, or abutting Residential or Institutional Zone or Use, and provided Provincial compliance and subject to remaining municipal regulations, per Schedule E. - 23.8.8. maximated sight 10.7 metres (3 e) for the laminated portion square fect) and - 23.9. Signs in the Institutional (I), Floodplain (F), and Recreation (P) Zones Except where other provision herein, a Sign in the Institutional (I), Floodplain (F) and Recreation (P) Zones, is permitted provided: - 23.9.1. General: - a. two Sign maximum per property; and - b. Sign is located on the Lot containing the advertised Uses; ## 23.9.2. Facial Wall Signs: - a. no Sign extension beyond the extremities of the wall on which it is affixed; - b. one Sign maximum per business for multiple occupancy Buildings; and - c. Sign Area is a maximum of 10% of the wall area on which it is affixed; ## 23.9.3. Projecting Wall Signs: - a. no Sign extension more than 1.8 metres (6 feet) from the wall on which it is affixed; - c. no Sign Erection below a height of 3 metres (10 feet) above grade; and - b. no Sign extension above the eaves, parapet, or Building Roof Line; - d. maximum Sign Area of 1.5 square metres (16 square feet); ## 23.9.4 Ground Signs or free-standing Signs: - a. maximum height of 4.6 metres (15 feet), measured from grade to the highest part of the Sign; - b. no Sign location within 1.5 metres (5 feet) of any public Right-of-way or common property line; - c. one Sign maximum per Lot; and - d. maximum Sign Area of 2.3 square metres (25 square feet). ## 23.10. Murals and Artwork in the Downtown Core (C1) Zone Notwithstanding other provision herein, Artwork developed for display in the Downtown Core (C1) Zone is subject to approval by Council or a designated body. ## 23.11. Menu Board Signs for Drive-through Restaurants and Cafes - 23.11.1. Two freestanding or wall mounted Menu Board Signs per business are permitted, with maximum Sign Area of 3.7 square metres (40 square feet) per Sign, and a maximum height of 3.1 metres (10 feet). - 23.11.2. The Development Officer shall designate Sign location to provide adequate queue storage and traffic circulation. - 23.11.3. The Sign shall not be decipherable from the public Street Right-of-way. ## 23.12. Third Party Signs One Third Party Sign per business is permitted provided: - 23.12.1. Sign Area maximum of 1.2 square metres (13 square feet); - 23.12.2. Sign location within 130 metres (426 feet) of the subject business; - 23.12.3. maximum height of 3 metres (10 feet); - 23.12.4. no Sign location within 1.5 metres (5 feet) from any common Lot boundary or Street Right-of-way; and - 23.12.5. notwithstanding the above, signage shall be subject to any approved Signage By-Laws. - 23.13. Special Event Signs - 23.13.1. Special Event Signs are exempt from the total number of permitted Signs on a Lot. - 23.13.2. Special Event Signs including banners, Signs supported on a moveable Structure, trailer or wheel-mounted shall be permitted only on a temporary basis in a Commercial or Industrial Zone concurrent to an opening or closing, festival, holiday, exhibition, or special event and provided: - a. Compliance with remaining LUB provisions; - b. a 30 day maximum duration; - Setback requirement of 1.5 metres (5 feet) from any property line, driveway, Corner Vision Triangle, Parking Area or Street Line; - e. maximum Sign Area of 3.25 square metres (35 square feet); - d. maximum height of 3 m (10 feet) from Grade Level to its highest part; - f. Sign location on same Lot as subject business; and - g. notwithstanding, banner Signs allowing free flow of air shall be permitted for a maximum of 14 days for community events, but not for Commercial sales by nonprofit organizations over or adjacent to the public Right-of way except with Town approval. There shall be a maximum of one Sign per special event per year, with the Town to Erect and remove. - 23.14. Special Sign Requirements in the Waterfront (W) Zone Waterfront (W) Zone Development Sign materials shall be limited to wood, stone, wrought iron, simulated wood, or a combination thereof, with a maximum height of 4.6 metres (15 feet), and signage shall be policy compliant, with design aesthetic to be prioritized. ## 23.15. Canopies and Awnings - 23.15.1. A canopy or awning is permitted provided: - a. no canopy or awning extension more than 1.2 metres (4 feet) for a stationary canopy or awning, or 2.4 metres (8 feet) for a retractable canopy or awning, from the wall on which it is affixed; and - b. no canopy or awning below a height of 3 metres (10 feet) above grade for a stationary canopy or awning, or 2.4 metres (8 feet) for a retractable canopy or awning. - 23.15.2. A canopy or awning extending over the public Right-of-way is permitted provided section 23.16.1 compliance. - 23.15.3. A Development Permit may be issued for a canopy or awning incorporating signage provided section 23.2 to 23.2.4 compliance. - 23.15.4. Canopy or awning signage and Service Station Canopy signage, are included in the maximum permitted number of Signs per Lot, with the canopy or awning total display - 23.15.5. All canopies and awnings shall be maintained in good repair. - 23.15.6. Signage by-law govern where in effect, notwithstanding section 23. ## 24. Development in Areas Prone to Subsidence - 24.1. Applications for Development on subsidence-prone lands, as defined in the applicable SPS, noted on the map attached hereto as Schedule B, must be compliant, where such Development is intended for human occupancy. A gen-technical report hy a licensed Professional Engineer must accompany any application for a Development Permit in subsidence-prone areas, as defined in the applicable SPS, and on approval, Development must follow all geo-technical report recommendations per Schedule B. - 24.2. Notwithstanding section 24.1, a geo-technical report will not be required where: - 24.2.1. there is an existing Development on a property mapped in Schedule B, and there are no proposed changes of Use, or additions to the existing Structure(s), or an increase in bulk or density of the existing Use; or - 24.2.2. the application is for any Accessory Building(s) or a Building or Structure not for human habitation or occupancy. ## 25. Environmental Protection Subject to where a SPA is required, Development Permits within areas designated Environmental Features on the Environmental Features Map attached as Schedule C, shall be issued only on satisfaction of criteria as follows: - 25.1.1. the proposal is for a permitted Use in the subject Zone; and - 25.1.2. proposal compliance with applicable SPS. ## 26. Wind Energy Applications for Development related to wind energy are subject to all provisions in this section. ## 26.1. General - 26.1.1. Except where other provision herein, manufacturer's specifications shall accompany all Development applications for MWT, SWT, and LWTs. - 26.1.2. Wind Energy Development shall not be exempt from Non-conforming, Nova Scotia Energy, Nova Scotia Natural Resources, Transport Canada, NAV Canada, Nova Scotia Power Inc. and all other applicable department approvals. - 26.1.3. Wind Turbines shall be separated by a minimum distance equal to the height of the tallest Turbine on any property. - 26.1.4. Any Climbing Wind Apparatus shall be a minimum of 3 metres (10 feet) above grade. - 26.1.5. Wind Turbines exceeding 6 metres (20 feet) shall not be mounted on or attached to any other Structure. - 26.1.6. Wind Turbines with a maximum height of 6 metres may be permitted as Accessory Structures and may be mounted on or attached to another Structure, provided Professional Engineer certification of installation and operation. - 26.1.7. Excepting MTWs, Fencing shall be required and: - a. completely enclose the Structure(s); - c. have no opening exceeding 38 millimetres (0.23 inches); - b. have a minimum height of 1.8 metres (6 feet); - d. not be electrified or incorporate barbed wire or like sharp materials unless they are situate a minimum of 1.8 metres (6 feet) above grade; and - e. Fencing gates shall be self-closing and securely locked and be located a minimum of 1.2 metres (4 feet) so that it prevents unauthorized access. - 26.1.8. For SWTs and LWTs, a Professional Engineer stamped drawing shall be submitted for the construction of Structure. ## 26.2. Mini Wind Turbines Except where other provision herein, MWTs shall be permitted in Commercial Business Park (C4), Light Industrial (M1), Provincial Resource (M2), General Industry (M3) and Water Supply (WS) Zones and shall: - 26.2.1. have a maximum power output of 10 Kw; - 26.2.2. have a Setback minimum from adjoining Property Lines of 1.25 times Wind Turbine Height; and - 26.2.3. notwithstanding other provision herein, have a maximum Wind Turbine Height of 22.9 metres (75 feet). ## 26.3. Small Scale Wind Turbines Except where other provision herein, SWTs shall be permitted in Commercial Business Park (C4), Light Industrial (M1), Provincial Resource (M2), General Industry (M3) and Water Supply (WS) Zones, and shall: - 26.3.1. have a maximum power output of 100 kilowatts; - 26.3.2. be limited to one SWT per property; - 26.3.3. notwithstanding other provision herein, have a maximum Wind Turbine Height of 52 metres (170 feet); - 26.3.4. have a Setback minimum from adjoining Property Lines of 1.5 times the Wind Turbine Height; and - 26.3.5. be required as per section 26.1.4 with a locking portal around the facility's Tower base, or the Tower Climbing Apparatus shall be at least 3 metres (10 feet) from the ground or otherwise not climbable. ## 26.4. Large Scale Wind Turbines Except where other provision herein, LWTs shall be permitted in the RR and WS Zones subject to DA (Policy WE-1). All LWT Development Permit applications shall include the following: - 26.4.1. a detailed site plan prepared by Professional Surveyor; - 26.4.2. no LWT location within four times the height of the Wind Turbine measured from grade to the highest point of the Rotor's Arc from property lines; - 26.4.3. for Wind Turbine Development, a professional area impact study to determine Setback, with a minimum of 2.5 times the turbine height, measured from grade to the highest point of the Rotor's Arc; - 26.4.4. 7.6 metre (25 foot) Minimum Blade Clearance; - 26.4.5. no signage excepting owner or manufacturer identification, not exceeding 5% of the total surface area of the Wind Turbine; - 26.4.6. underground location of all Utility lines; and - 26.4.7. operator status report detailing future site plans upon Wind Turbine or Wind Farm power production discontinuance for a minimum of one year, with the applicable Town retaining discretion for Decommissioning and site restoration at the cost of the developer ## 27. Home Occupations Residentiat Ri sat (RUn, Resential Mini Home Park (2), Residentia Tiny He Ume (R), Waterfront (W) Zones, any Single Detached Dwellings or accessory detached or attached Buildings, may be used for a Home Occupation provided: - 27.1. applicable Lot, Yard and height requirements of the subject Building are met; - 27.2. the occupation is that of a Dwelling residents) with a maximum of four (4) people, including the owners) being employed by the business; - 27.3. the occupation shall be located wholly within a single Dwelling residential Building, attached Accessory Building, Two Unit Dwelling, or detached Accessory Building; - 27.4. the Dwelling is occupied as a residence by the Home Occupation owner and the exterior appearance of the Dwelling is not Altered by the Home Occupation Use, except to meet fire, safety, NBCC and/or health regulations; - 27.5. the occupation shall not involve Obnoxious emissions; - 27.6. no advertising other than a wooden or simulated wood Sign identifying the Home Occupation which has a maximum Sign Area of 0.5 square metres (5 square feet) and which is a Facial Wall Sign or projecting Sign attached to the Main Building or attached Garage, or - 27.7. no Outdoor Storage or Display of materials or equipment, including automotive vehicles or vehicle parts; - 27.8. parking for the Home Occupation is provided on the same Lot per Parking Space for each 27.9 square metres (300 square feet) of Floor Area occupied by the Home Occupation, in addition to residential parking requirements; and - 27.9. the occupation does not exceed 25% of the total Floor Area, that includes the Main Building, an attached Garage, detached Accessory Building, unfinished basement or attic, to a maximum of 46.5 square metres (500 square feet). ## 28. Bed & Breakfast Establishments Bed & Breakfast Uses shall be permitted in the Rural Residential (RR), Residential Single Unit (R1), Residential Two Unit (R2) and Residential Multiple Unit (R3) Zones provided: - 28.1. the Bed and Breakfast is compliant with Home Occupation requirements as set out in section 27, excepting clauses 27.8 and 27.9; - 28.2. parking requirements under section 22 are met; and - 28.3. there is a maximum of four Bedrooms for guest sleeping Accommodation. ## 29. Day Care Facilities Day Care Uses will be permitted within the Rural Residential (RR), Residential Single Unit (R1) and Residential Two Unit (R2) and Residential Multiple Unit (R3) Zones provided: - 29.1. the Pay Care false 27. 2/anandi2 Home Occupation requirements as set out in section - 29.2. is compliant with applicable provincial legislation; - 29.3. parking requirements under section 22 are met; and - no more than fifty percent (50%) of the Dwelling is devoted to Day Care Use. 29.4. ## 30. Garden Suites and Garage Suites ## 30.1. Permitted Uses As-of-Right Garden Suites and Garage Suites are permitted as-of-right in Zones R2 and R3 provided: - 30.1.1. Fenestration areas exceeding 1.1 square metres (12 square feet) must face the main Dwelling or flanking Street; - 30.1.2. windows must be offset by placement of Accessory Buildings and Landscaping to ensure neighbouring Yard privacy; - 30.1.3. Garage Suites above grade may not have balconies or Decks facing abutting residential property; - 30.1.4. Garage or Garden Suite Roof Decks are not permitted; - 30.1.5. minimum 4 metre (13 foot) Separation Distance between a main Dwelling and a Garage or Garden Suite; - 30.1.6. an occupancy permit for the main Dwelling on the Lot must precede Garage Suite or Garden Suite Development Permits; - 30.1.7. minimum 1.2 metre (4 foot) Setback for any Garden Suite or Garage Suite; - 30.1.8. minimum 557 square metre (6,000 square foot) Lot Area including the main Dwelling and the Garden Suite or Garage Suite; and - 30.1.9. maximum of one Garden Suite or Garage Suite per Lot. ## 31. Site Plans and Variances Site-plan Approvals shall be subject to part VIII MGA. Variances shall be permitted subject to all of Section 235 of the MGA, including the criteria set out in Section 235 (2). ## 31.1. Uses and Areas Subject to Site Plan Approval The following Uses and areas shall be subject to site plan approval, unless listed as a permitted, as of right use in the applicable zone: - 31.1.1, New, and expansions to Commercial, Industrial, Institutional (I), Recreation (P) and mixed Uses in the C2, C3, C4, M1, M2, I, and P Zones where listed as permitted Uses in the or heableolopmed tas par price sed provisions for parking off street loading, - 31.1.2. New, or expansions to multi-unit residential Development in the Residential Multiple Unit (R3) Zone, tiny homes in the R2 and R3 Zones on undersized lots, and garage suites and garden suites in the R1 Zone; and - 31.1.3. New, or expansions to existing multi-unit residential Developments in any residential Zone, excepting 31.1.2 above, to a maximum of four Dwelling Units per Development, and subject to the Lot, Yard, Height, and Open Space Requirements of the Residential Multiple Unit (R3) Zone as per Policy RD-10. - 31.2. Matters Subject to Site Plan Approval Review Matters as follows may be subject to site plan approval (as per Policy IM-26), when determined by the Development Officer: - .31.2.1. Structure location on the Lot; - 31.2.2. off-street loading and parking facility location; - 31.2.3. location, number and width of driveway accesses to Streets; - 31.2.4. type, location and height of walls, Fences, hedges, trees, shrubs, ground cover or like Landscaping elements to minimize adjacent residential land impact; - 31.2.5. existing vegetation retention; - 31.2.6. walkway location, including surface material and pedestrian access; - 31.2.7. outdoor lighting type and location; - 31.2.8. solid waste storage facility location; - 31.2.9. easement location; - 31.2.10. land elevation grading and storm and surface water management; - 31.2.11. signage particulars, including type, location, number and size; and - 31.2.12. maintenance of items 31.2.1 through 31.1.11, above. - 31.3. Site Plan Approval Variances (per Policy IM-28) The Development Officer may grant a Variance for a Use subject to site plan from the minimum requirement of the following: - 31.3.1. Lot Area or building height; - 31.3.2. Yard; and - 31.3.3. Parking Space. ## 31.4. Criteria for Considering Site Plan Approval Site plan approval criteria for Development Officer consideration includes (per Policy IM27): - 31.4.1. Zone, LUB and SUB compliance (excepting Variance considerations per section 27.3); - 31.4.2. abutting land Uses compatibility; - 31.4.3. Traffic Authority, Town Engineer, or Planner comment, when required in the LUB; and - 31.4.4. Policy IM-11. ## 31.5. Notification Area The Development Officer shall notify all property owners within 30 metres (100 feet) (and a minimum of two (2) properties removed from the boundary of the Subject Property in the Town of Pictou) upon site plan approval application, per the MGA notification requirements for Variances. Site plan appeals are governed by MGA Variance appeal provisions (per Policy IM-25). - 31.6. Application Requirements (per Policy IM-24) Site plan approval application requisites include: - 31.6.1. a signed application by owner or agent thereof; - 31.6.2. a detailed site plan per section 31.2; - 31.6.3. Building elevation and/or Building façade drawings if required by Development Officer: and - 31.6.4. Floor plan, if required by Development Officer. - 31.7. Discharge of Site Plan (per Policy IM-30) The Development Officer may wholly or partially discharge a site plan, with the concurrence of the property owner(s) per Part VIII MGA. ## 32. Development Agreements Developments as follows shall be subject to Development Agreement per section 225 MGA, unless listed as a permitted, as of right use in the applicable zone: - 32.1. innovative housing and site design projects in the Residential and Commercial Business Park designations per IPS Policy RD-11 except where permitted by site plan approval; - 32.2. new multiple-unit residential Dwellings, or new Developments within the Residential, Downtown Commercial, Highway Commercial, Commercial Business Park, and Future Redevelopment Area designations, per IPS Policy RD-9, except where permitted by site plan approval; - 32.3. new residential Developments of single, double and/or multiple Dwelling Units within the Residential, Downtown Commercial, Highway Commercial, Commercial Business Park, and Future Redevelopment Area designations, per IPS Policy RD-5 and may include Garage Suites or Garden Suites, except where permitted by site plan approval; - 32.4. new multiple unit residential Dwellings with Commercial Uses in the Downtown Commercial, Highway Commercial, Commercial Business Park, and Future Redevelopment Area designations, per IPS Policy CD-21 except where permitted by site plan approval; - 32.5. new Seniors Residential Complexes in the Residential, Downtown Commercial, Highwa ommercial, Commercial Business Park, and Future Redevelopment Area designations, pe IPS Policy RD-22, except where permitted by site plan approval; - 32.6. new Seniors Residential Complexes with Commercial Uses in the Downtown Commercial, Highway Commercial, Commercial Business Park, and Future Redevelopment Area designations, per IPS Policy CD-22, except where permitted by site plan approval; - 32.7. new Neighbourhood Commercial Uses and expansions to existing Neighbourhood Commercial Uses on Lots within the Residential designation, per IPS Policy CD-11, except where permitted by site plan approval; - 32.8. Multiple Unit Dwellings and Seniors Residential Complexes with or without Commercial Uses in the Neighbourhood Commercial (C2) Zone, per IPS Policy CD-22, except where permitted by site plan approval; - 32.9. new and expansions to existing sand, gravel and topsoil extraction operations in the Floodplain (P) Zone, subject to MPS Policies F-3 and IM-11; - 32.10. Alterations, excluding expansions, in all Designations, and rebuilding, recommencement and change of Use of Non-conforming Structures or land Uses per IPS Policy G-18: - 32.11. Developments exceeding 2322 square metres (25,000 square feet) of Building Floor Area located in the Downtown Core (C1) Zone on Foord Street (between Acadia Avenue and Bridge Avenue), subject to SPS Policy # as particularized in the applicable SPS; (REPEALED) - 32.12. Light Industrial Uses associated with Commercial Developments (subject to Policy CD-4). ## Part 6: Residential Zones ## 33. Residential Single Unit Dwelling (R1) Zone ## 33.1. Permitted Uses ## 33.1.1. As-of-Right - a. Residential Uses - ii. existing Two Unit, Semi-detached or Duplex Dwellings - i. Single Detached Dwelling - ili. existing Multiple Unit Dwellings - V. Residential Tiny Homes (R6) Zone (Pictou Only - Existing Undersized Lots) - iv. Nursing Home ## b. Non-Residential Uses - Day Care - Hobby Farms (but not feed Lot operations, Bulk Storage, depots, chicken/pork farms, and agribusiness Uses such as a tannery, rendering plant, or equipment sale and rental) - iii. Home Occupations - V. stables and Kennels - iv. Recreational Uses subject to Recreation (P) Zone requirements - vi. Bed and Breakfast establishments as Home Occupations with a maximum of four rooms to let - vii. Boarding House establishments as Home Occupations with a maximum of three rooms to let ## 33.1.2. Development Agreement (a-c) and Site Plan Approval (d-f) - a. multiple unit residential Dwellings subject to Policy RD-9 where there are five (5) or more units proposed; - c. two unit residential Dwellings subject to Policy RD-4 - b. innovative housing and site design Developments subject to Policy RD-11 - d. Garden Suites (only on a Lot containing a Single Detached Dwelling) 5. Multiple unit dwellings up to four (4) units - e. Garage Suites (only on a Lot containing a Single Detached Dwelling) ## 33.2. Standard Requirements ## 33.2.1. Lot, Yard and Height Table 9 - Residential Single Unit (R1) Zone Requirements (no central water or sanitary sewer) | Minimum Lot Area | 3716 m2 (40,000 ft?) | |------------------------------|------------------------| | Minimum Lot Frontage | 30.5 m (100 ft) | | Minimum Front Yard | 9.1 m (30 ft) | | Minimum Rear Yard | 9.1 m (30 ft) | | Minimum Side Yard | 3 m (10 ft) | | Minimum Side Yard (flankage) | 4.6 m (15 ft) | | Maximum Height | 10.7 m (35 ft) | Table 9A - Residential Single Unit (R1) Zone Requirements (with central water and sanitary sewer) (or do we use R1?) | Minimum Lot Area | 929 m2 (10,000 ft?) | |------------------------------|-----------------------| | Minimum Lot Frontage | 30.5 m (100 ft) | | Minimum Front Yard | 9.1 m (30 ft) | | Minimum Rear Yard | 9.1 m (30 ft) | | Minimum Side Yard | 3 m (10 ft) | | Minimum Side Yard (flankage) | 4.6 m (15 ft) | | Maximum Height | 10.7 m (35 ft) | ## 33.2.2. Main Buildings over 7.6 metres (25 feet) in Height - a. Table 9 or 9A Minimum Side Yard requirements, as applicable; and b. a Side Yard Setback equal to or greater than half the Main Building Height. (REPEALED) ## 33.2.3. Municipal Water and Sewer Services - a. Development shall not be permitted to use on-site water and wastewater servicing, where municipal servicing is available in the Zone, as determined by the Town Engineer; and - b. notwithstanding section 33.2.3 (a), Development shall be permitted to use on-site water and wastewater servicing provided all minimum Lot requirements with Nova Scotia Environment (NSE) are met. ## 33.2.4. Conformance with Existing Setbacks Notwithstanding other provision herein, minimum Front and, where applicable, Flankage Yard Setbacks from a public Right-of-way shall be: - a. uniform to adjacent Structures; or - b. subject to Zone Setback requirements in Table 9 or 9A, as applicable. ## 34. Hobby Farms The occupants of a property with a main Dwelling in the R1 Zone shall be permitted to keep ungulates for Use as pets or other non-Commercial purposes (including a hobby farm), provided that the following conditions are met: - 34.1. an enclosed Structure is constructed for the sheltering of the Animal(s), and said Structure is an Accessory Use on a residential Lot with a main Dwelling situate; - 34.2. the Structure outlined in (1) shall not be located in the Front Yard and shall have a minimum Setback distance of 30.5 metre (100 foot) from the Rear and Side Yard Lot Lines; - 34.3. said Structure shall not cover more than fifty (50) percent of the available rear Yard; - 34.4. a minimum Lot size of 1 hectare (2.5 acres) shall be required for the first Animal, and an additional 0.2 hectare (1/2 acre) for each additional Animal; and - an existing Accessory Building that does not conform to the Setback and coverage requirements outlined in sub-sections 34.2 and 34.3 may be used for the sheltering of the Animals) provided the Structure is not situated within 15.2 metres (50 feet) of any property line. ## 35. Garden Plots Public or private lands may be used for flower or vegetable gardens as a main or Accessory Jse. Such Use requires written consent of the applicable public owner. Forestry Use intensive agricultural Use, keeping of livestock, deer Fences, flagging, chairs and like items ## 36. Residential Two Unit (R2) Zone ## 36.1. Permitted Uses ## 36.1.1. As-of-Right - a. Residential Uses - ii. Semi-detached Dwellings - i. Single Detached Dwellings - ili. Duplex Dwellings - V. existing Multiple Unit Dwellings - iv. Two Unit Dwellings - vi. Garage Suites (only on a Lot containing a Single Detached Dwelling subject to Part 5, 30.1) - vili. Nursing Home - vii. Garden Suites (only on a Lot containing a Single Detached Dwelling subject to Part 5, 30.1) - ix. Group Care Facility Dwelling (to a maximum of four single room occupants) - x. Community Home - xi. Residential Tiny Homes (R6) Zone (Pictou and Trenton Only - Existing Undersized Lots, maintaining a minimum lot area of 3,000 square feet in Trenton) ## b. Non-Residential Uses - i. Home Occupations 2. Recreation Uses subject to the requirements of the Recreation (P) Zone - iv. Day Care - iii. Boarding Houses with a maximum of three rooms to let - V. Bed and Breakfast establishments as Home Occupations with a maximum of four rooms to let (subject to section 28) ## 36.1.2. Development Agreement - a. multiple unit residential Dwellings subject to Policy RD-9 where there are five (5) or more units proposed; - b. innovative housing and site design Developments subject to Policy RD-11 ## 36.1.3. Site Plan Approval - a. New or expansions to existing multiple unit residential Developments or Seniors Residential Complexes, provided the total number of Dwelling Units does not exceed four, and is subject to Residential Multiple Unit (R3) Zone Lot, Yard, Height, and Open Space Requirements, subject to Policy IM-23. - c. If the use is listed as a permitted as of right use in this zone, this process is not - b. Commercial and/or residential Uses on Lots in the Highway Commercial designation on the GFLUM subject to Policy IM-23. ## 36.2. Standard Requirements ## 36.2.1. Lot, Yard and Height Table 10 - Residential Two Unit (R2) Zone Requirements | Minimum Lot Area Single Detached/Converted Semi-Detached | 464.5 m2 (5,000 ft') 280 m2 (3,000 ft'/ unit | | |------------------------------------------------------------|------------------------------------------------|----------| | Duplex | 560 m2 (6,000 ft) | | | Minimum Lot Frontage Single Detached/Converted | 15.24 m (50 ft) | | | Semi-Detached | 9.1 m (30 ft) | | | Duplex | 18.3 m (60 ft) | | | Minimum Front Yard | 6.1 m (20 ft) | | | Minimum Rear Yard | 6.1 m (20 ft) | | | Single Detached/Converted | 1.2 m (4 ft)/ | | | Minimum Side Yard Semi-Detached (common wall) | 2.4 m (8 It) nil | | | | 1.8 m (6 ft) | | | Semi-Detached (outside wall) | 1.8 m (6 ft) | | | Maximum Height | | | | | 10.7 m (35 ft) | | | | 4.6 m (15 ft) | | | Minimum Side Yard | | | | Flankage | Flankage | Flankage | | Duplex | | | Table 10A - Residential Two Unit (R2) Zone Requirements (with central water and no sanitary sewer) | Minimum Lot Area | 3716 m° (40,000 ft?) | |------------------------------|------------------------| | Minimum Lot Frontage | 61 m (200 ft) | | Minimum Front Yard | 9.1 m (30 ft) | | Minimum Rear Yard | 9.1 m (30 ft) | | Minimum Side Yard | 3 m (10 ft) | | Minimum Side Yard (flankage) | 4.6 m (15 ft) | | Maximum Height | 10.7 m (35 ft) | ## 36.2.2. Municipal Water and Sewer Services Development shall not be permitted to use on-site water and wastewater servicing, where municipal servicing is available in the Zone, as determined by the Town Engineer. ## 36.2.3. Conformance with Existing Setbacks Notwithstanding other provision herein, minimum Front and, where applicable, Flankage Yard Setbacks from a public Right-of-way shall be: - a. uniform to adjacent Structures; or - b. subject to Zone Setback requirements in Table 10, 10A or 11, as applicable. ## 36.2.4. Garden Plots Public or private lands may be used for flower or vegetable gardens as a main or Accessory Use. Such Use requires written consent of the applicable public owner. Forestry Use, intensive agricultural Use, keeping of livestock, deer Fences, flagging, chairs and like items, shall be prohibited. ## 36.3. Additional Requirements ## 36.3.1. Structural Alterations: Existing Multiple Residential Dwellings and Boarding Houses - a. The exterior Structure of an existing Converted Dwelling or Boarding House may not be Altered by height, Roof Line, in Dwelling Units, or other exterior change to compromise residential appearance, except as required by legislation or code. - b. All other Existing Multiple Residential Dwellings may be Altered provided compliance with legislation or code, no additional Dwelling Units are created, and required Yards and height restrictions are maintained. ## 36.3.2. Existing Multiple Residential Dwelling and Boarding Houses Table 11 - Existing Multiple Residential Dwelling and Boarding Houses | Minimum Front Yard | | 6.1 m (20 ft) | |----------------------|-------|--------------------------------------------------| | Minimum Rear Yard | | 6.1 m (20 ft) | | | Minor | 1.8 m (6 ft) | | Minimum Side Yard | Major | 3 m (10 ft) or ½ the height of the Main Building | | Maximum Height | | 10.7 m (35 ft) | ## 36.3.3. Expansions to Number of Residential Units for Existing Multiple Residential Dwellings by Development Agreement or Site Plan Approval Expansion proposals to Existing Multiple Residential Dwellings and Converted Dwellings with five or more units shall be considered by Development Agreement, except where permitted by site plan approval (subject to IPS Policy IM-23 and Policy RD-9). Expansions resulting in three (3) or four (4) units are permitted by Site Plan ## 36.3.4. Abutting Yard Notwithstanding Table 12, where an Existing Multiple Residential Dwelling abuts a single detached, semi-detached or Duplex Dwelling: - a. the Abutting Yard shall have a 6.1 metre (20 foot) minimum: - b. Parking Space or Outdoor Storage shall be prohibited within the Abutting Yard; - c. driveways and access to Parking and Outdoor Storage shall be permitted in the - I. there shall be no expansion of existing Structures, storage, or parking Uses encroaching on an Abutting Yard ## 36.3.5. Parking for Existing Multiple Unit Dwellings - a. Parking Areas for existing Multiple Unit Dwellings shall only be permitted in the required Rear and Side Yards of the Lot and shall be otherwise compliant with this By-Law. - b. Parking Areas shall be provided in accordance with the requirements and standards as outlined in section 22 of this By-Law. ## 36.3.6. Existing Mobile Home Dwellings Notwithstanding other provision herein, Existing Mobile Home Dwellings may be replaced, but no additional Mobile Home Dwellings shall be allowed. ## 36.3.7. Boarders and Lodgers In addition to residential Use requirements, three leased rooms in a Dwelling Unit shall be permitted provided there is one available Parking Space per room located in the Side or Rear Yards ## 36.3.8. Offsetting Side Yards All subdivision plans shall require the 2.4 metre (8 foot) major Side Yard to be offset by the 1.2 metre (4 foot) minor Side Yard on the adjacent property line, where possible, with adjacent 1.2 metre (4 foot) Side Yards permitted only where a Corner Lot abuts an Interior Lot. ## 37. Residential Multiple Unit (R3) Zone ## 37.1. Permitted Uses ## 37.1.1. As-of-Right - a. Residential Uses - ii. existing and new Multiple Unit Dwellings - i. Townhouses - ili. any Uses permitted in the Residential Two Unit (R2) Zone subject to Residential Two Unit (R2) Zone requirements - V. Residential Tiny Homes (R6) Zone (Pictou Only - Existing Undersized Lots) - iv. Seniors Residential Complex - b. Non-Residential Uses - ii. Day Care - i. Home Occupations - ili. Bed and Breakfast establishments as Home Occupations with a maximum of four rooms to let (subject to section 28) ## 37.1.2. Development Agreement - a. multiple unit residential Dwellings subject to Policy RD-9, only in cases where an application for a dwelling of more than four (4) units does not meet the R3 Zone requirements. A new multiple unit dwelling that meets these requirements may be built or expanded as of right; - b. innovative housing and site design Developments subject to Policy RD-11, in cases where an application for a dwelling of more than four (4) units does not meet the - c. If the use is listed as a permitted as of right use in this zone, this process is not required. ## 37.1.3. Site Plan Approval - a. New or expansions to existing multiple unit residential Developments or Seniors Residential Complexes, provided the total number of Dwelling Units does not exceed four, and is subject to Residential Multiple Unit (R3) Zone Lot, Yard, Height, and Open Space Requirements, subject to Policy IM-23, only in cases where an aquiremen for a dwelling of three (3) four (4) units does not meet the R3 Zone - b. Commercial and/or residential Uses on Lots in the Highway Commercial - c. If the use is listed as a permitted as of right use in this zone, this process is not required. ## 37.2. Standard Requirements ## 37.2.1. Lot, Yard, and Height Table 12 - Residential Multiple Unit (R3) Zone Requirements | Minimum Lot Area | Multiple Unit Dwellings | 836 mz (9,000 ft?) plus 139 m2 (1,500 ft') for each unit in addition to 3 | |----------------------|---------------------------|-----------------------------------------------------------------------------| | | Townhouses | 280 m (3,000 ft?)/unit | | Minimum Lot Frontage | Multiple Unit Dwellings | 27.4 m (90 ft) | | Minimum Lot Frontage | Townhouses | 7.6 m (25 ft)/unit | | Minimum Front Yard | | 6.1 m (20 ft) | | Minimum Rear Yard | | 6.1 m (20 ft) | | Minimum Side Yard | Multiple Unit Dwellings | 6.1 m (20 ft) | | Minimum Side Yard | Townhouses (common wall) | nil | | Minimum Side Yard | Townhouses (outside waii) | 3 m (i0 ft) | | Minimum Side Yard | Flankage | 4.6 m (15 ft) | | Maximum Height | Multiple Unit Dwellings | 10.7 m (35 ft) | | Maximum Height | Townhouses | 10.7 m (35 ft) | ## 37.2.2. Main Buildings over 7.6 metres (25 feet) in Height - a. Table 13 Minimum Side Yard requirements; or - b. a Side Yard Setback equal to or greater than half the Main Building Height. ## 37.2.3. Conformance with Existing Setbacks Notwithstanding other provision herein, minimum Front and, where applicable, Flankage Yard Setbacks from a public Right-of-way shall be: - a. uniform to adjacent Structures; or - b. subject to Zone Setback requirements in Table 13. ## 37.2.4. Garden Plots Public or private lands may be used for flower or vegetable gardens as a main or Accessory Use. Such Use requires written consent of the applicable public owner. Forestry Use, intensive agricultural Use, keeping of livestock, deer Fences, flagging, chairs and like items, shall be prohibited. ## 37.3. Additional Requirements ## 37.3.1. Recreation Space Table 13 - Residential Multiple Unit (R3) Recreation Space Requirements | One Bedroom or Bachelor Unit | 18.6 m2 (200 ft)/unit | |--------------------------------|-------------------------| | Two Bedroom Unit | 53.4 m2 (575 ft)/unit | | Three Bedrooms or More | 88.3 mr (950 ft)/unit | ## 37.3.2. Buffering Parking and/or Loading Spaces, including driveways and access, shall be prohibited in the required Yards except where a Fence, Berm, or Landscaping forms an opaque visual buffer a minimum of 1.8 metres (6 feet) in height and 1.8 metres (6 feet) in depth. ## 37.3.3. Abutting Yard Notwithstanding Table 14, where an Existing Multiple Residential Dwelling abuts a single detached, semi-detached or Duplex Dwelling: - a. the Abutting Yard shall have a 6.1 metre (20 foot) minimum; - c. driveways and access to Parking and Outdoor Storage shall be permitted in the Abutting Yard; and - b. Parking Space or Outdoor Storage shall be prohibited within the Abutting Yard; - d. there shall be no expansion of existing Structures, storage, or parking Uses encroaching on an Abutting Yard. ## 37.3.4. Parking for Existing Multiple Residential Dwellings - a. Parking Areas for existing Multiple Residential Dwellings shall only be permitted in the required Rear and Side Yards of the Lot and shall be otherwise compliant with this By-Law. - b. Parking Areas shall be provided in accordance with the requirements and standards as outlined in section 22 of this By-Law. ## 37.3.5. Existing Mobile Home Dwellings Notwithstanding other provision herein, Existing Mobile Home Dwellings may be replaced, but no additional mobile Dwellings shall be allowed. ## 37.3.6. Boarders and Lodgers In addition to residential Use requirements, three leased rooms in a Dwelling Unit shall be permitted provided there is one available Parking Space per room located in the Side or Rear Yards. ## 38. Rural Residential (RR) Development ## Permitted Uses 38.1. ## 38.1.1. As-of-Right - a. Residential Uses - ii. Two Unit Dwellings - i. Single Detached Dwellings - ili. Bed and Breakfast establishments with a maximum of four rooms to let (subject to section 28) 5. Special Care Facilities or Group Care Facility Dwellings (to a maximum often residents with Accessory residential Uses, limited to one Dwelling Unit in the Main Building) - iv. Boarding Houses with a maximum of three rooms to let - vi. any Accessory Structures and/or Uses - vii. Residential Tiny Homes (R6) Zone (Pictou Only - Existing Undersized Lots) ## b. Non-Residential Uses - ii. Animal hospitals, Animal care, Clinics and shelters, agricultural Uses - i. Home Occupations - iii. Recreation (P) Zone Uses subject to Recreation (P) Zone requirements 4. Kennels and stables - iv. forestry Uses - vi. any Accessory Structures and/or Uses ## 38.1.2. Development Agreement - a. multiple unit residential Dwellings subject to Policy RD-9, in cases where there are five (5) or more units proposed; - b. innovative housing and site design Developments subject to Policy RD-11 ## 38.1.3. Site Plan Approval - exceed four, and is subject to Residential Multiple Unit (R3) Zone Lot, Yard, Height, and Open Space Requirements, subject to Policy IM-23 - Commercial and/or residential Uses on Lots in the Highway Commerci: esignation on the GFLUM, subiect to Policy IM-2: ## 38.2. Standard Requirements ## 38.2.1. Lot, Yard and Height Table 14 - Rural Residential (RR) Zone Requirements | Minimum Lot Area | 3716 m2 (40,000 ft) | |------------------------------|-----------------------| | Minimum Lot Frontage | 61 m (200 ft) | | Minimum Front Yard | 9.1 m (30 ft) | | Minimum Rear Yard | 9.1 m (30 ft) | | Minimum Side Yard | 3 m (10 ft) | | Minimum Side Yard (flankage) | 4.6 m (15 ft) | | Maximum Height | 10.7 m (35 ft) | Table 15A - Rural (RR) Zone Requirements (with central water and sanitary sewer) | Minimum Lot Area | 929 m2 (10,000 ft) | |------------------------------|----------------------| | Minimum Lot Frontage | 30.5 m (100 ft) | | Minimum Front Yard | 9.1 m (30 ft) | | Minimum Rear Yard | 9.1 m (30 ft) | | Minimum Side Yard | 3 m (10 ft) | | Minimum Side Yard (flankage) | 4.6 m (15 ft) | | Maximum Height | 10.7 m (35 ft) | ## 38.2.2. Garden Plots Public or private lands may be used for flower or vegetable gardens as a main or Accessory Use. Such Use requires written consent of the applicable public owner. Forestry Use, intensive agricultural Use, keeping of livestock, deer Fences, flagging, chairs and like items, shall be prohibited. ## 38.3. Additional Requirements ## 38.3.1. Flag Lots: Lot, Yard and Height Table 15 - Rural Residential (RR) Zone Requirements (for Flag Lots) | Minimum Lot Area | 3995 m2 (43,000 ft?) | |----------------------|------------------------| | Minimum Lot Frontage | 9.1 m (30 ft) | | Minimum Front Yard | 6.1 m (20 ft) | | Minimum Rear Yard | 6.1 m (20 ft) | | Minimum Side Yard | 1.8 m (6 ft) | | Maximum Height | 10.7 m (35 ft) | ## 38.3.2. Main Buildings over 7.6 metres (25 feet) in Height - a. Table 15, 15A or 16, as applicable, Minimum Side Yard requirements; and - b. a Side Yard Setback equal to or greater than half the Main Building Height. ## 38.3.3. Conformance with Existing Setbacks Notwithstanding other provision herein, minimum Front and, where applicable, Flankage Yard Setbacks from a public Right-of-way shall be: - a. uniform to adjacent Structures; and - b. subject to Zone Setback requirements in Table 15, 15A or 16, as applicable. ## 39. Residential Mini Home Park (R5) Zone ## 39.1. Permitted Uses ## 39.1.1. As-of-Right ## a. Residential Uses - ii. Existing Mobile Home Park - i. Existing Mobile Home Dwellings - ili. Mini-Home Dwellings (Subject to Residential Single Unit (R2) Zone Requirements), and may include a tiny home dwelling - v. Residential Single Unit (R1) Zone Uses subject to Residential Single Unit (R1) Zone requirements - iv. Mini Home Park - vi. Residential Two Unit (R2) Zone Uses subject to Residential Two Unit (R2) Zone requirements - vili. Rural Residential (RR) Zone Uses subject to Rural Residential (RR) Zone requirements - vii. Residential Multiple Unit (R3) Zone Uses subject to Residential Multiple Unit (R3) Zone requirements ## b. Non-Residential Uses - i. Recreation (P) Zone Uses subject to Recreation (P) Zone requirements - iii. Mini Home sales Structure - ii. Mini Home Park Office - iv. Home Occupations ## 39.1.2. Development Agreement - a. multiple unit residential Dwellings subject to Policy RD-9 - b. Seniors Residential Complexes subject to Policy RD-9 - c. innovative housing and site design Developments subject to Policy RD-11 - d. If the use is listed as a permitted as of right use in this zone, this process is not required. ## 39.1.3. Site Plan Approval - a. New or expansions to existing multiple unit residential Developments or Seniors Residential Complexes, provided the total number of Dwelling Units does not exceed four, and is subject to Residential Multiple Unit (R3) Zone Lot, Yard, Height, and Open Space Requirements, subject to Policy IM-23. - b. Commercial and/or residential Uses on Lots in the Highway Commercial designation on the GFLUM subject to Policy IM-23. - i. Multiple Unit Residential Dwellings, subject to Policy IM-23 - ili. innovative housing and site design Developments, subject to Policy RD-11 - ii. Seniors Residential Complexes, subject to Policy IM-23 - c. If the use is listed as a permitted as of right use in this zone, this process is not required. ## 39.2. Standard Requirements ## 39.2.1. Lot, Yard and Height Table 16 - Residential Mini Home Park (R5) Zone Requirements | Minimum Lot Area | 4047 m2 (1 acre) | |-----------------------|--------------------| | Minimum Park Frontage | 36.6 m (120 ft) | ## 39.2.2. Permitted Location of Mobile Homes A Mobile Home shall only be permitted within a Mini Home Park. ## 39.2.3. Garden Plots Public or private lands may be used for flower or vegetable gardens as a main or Accessory Use. Such Use requires written consent of the applicable public owner Forestry Use, intensive agricultural Use, keeping of livestock, deer Fences, flagging chairs and like items, shall be prohibited. ## 39.3. Additional Requirements ## 39.3.1. Building Requirements In addition to all Lot, Yard, height and all Zone requirements, Mini Homes in Rural Residential (RR) Zones are subject to additional Building requirements as follows: - a. fixed foundation with undercarriage not visible, NBCC compliant; - b. orientation is parallel to Lot Frontage; and - c. compliance with section 5.48 of Part 2 of this By-Law. ## 40. Residential Tiny Homes (R6) Zone ## 40.1. Permitted Uses ## 40.1.1. As-of-Right ## a. Residential Uses - ii. Existing Mobile Home Park - i. Existing Mobile Home Dwellings - ili. Mini-Home Dwellings (Subject to Residential Single Unit (R2) Zone Requirements) - iv. Mini Home Park - V. Residential Single Unit (R1) Zone Uses subject to Residential Single Unit (R1) Zone requirements - vi. Residential Two Unit (R2) Zone Uses subject to Residential Two Unit (R2) Zone requirements - vii. Residential Multiple Unit (R3) Zone Uses subject to Residential Multiple Unit (R3) Zone requirements - ix. "Tiny Homes", which are single dwelling unit buildings that may or may not contain a Main Wall width of six (6) metres or less - vili. Rural Residential (RR) Zone Uses subject to Rural Residential (RR) Zone requirements ## b. Non-Residential Uses - i. Recreation (P) Zone Uses subject to Recreation (P) Zone requirements - ii. Mini Home Park Office - ill. Mini Home sales Structure - iv. Home Occupations ## 40.1.2. Development Agreement - a. multiple unit residential Dwellings subject to Policy RD-9, unless listed as a permitted, as of right use, or when there are five (5) or more units proposed; - b. Seniors Residential Complexes subject to Policy RD-9, unless listed as a permitted, - c. innovative housing and site design Developments subject to Policy RD-11, unless listed as a permitted, as of right use. ## 40.1.3. Site Plan Approval - a. New or expansions to existing multiple unit residential Developments or Seniors Residential Complexes, provided the total number of Dwelling Units does not exceed four (4), and is subject to Residential Multiple Unit (R3) Zone Lot, Yard, Height, and Open Space Requirements, subject to Policy IM-23. - i. Multiple Unit Residential Dwellings Policy IM-23 - b. Commercial and/or residential Uses on Lots in the Highway Commercial designation on the GFLUM subject to Policy IM-23. - ii. Seniors Residential Complexes Policy IM-23 - iii. innovative housing and site design Developments subject to Policy RD-11. - c. If the use is listed as a permitted as of right use in this zone, this process is not required. ## 40.2. Standard Requirements ## 40.2.1. Lot, Yard and Height Table 17-A - Residential Tiny Home (R6) Zone Requirements | Minimum Lot Area | 464.5 m2 (5,000 ft) 280 m2 | 464.5 m2 (5,000 ft) 280 m2 | |----------------------|------------------------------|------------------------------| | | (3,000 ft?)/unit | (3,000 ft?)/unit | | | 560 m2 (6,000 ft?) | 560 m2 (6,000 ft?) | | | 280 m2 (3,000 ft2) | 280 m2 (3,000 ft2) | | | 15.24 m (50 ft) | 15.24 m (50 ft) | | Minimum Lot Frontage | 9.1 m (30 ft) | 9.1 m (30 ft) | | | 18.3 m (60 ft) | 18.3 m (60 ft) | | | 9.1 m (30 ft) | 9.1 m (30 ft) | | Minimum Front Yard | 6.1 m (20 ft) | 6.1 m (20 ft) | | Minimum Rear Yard | 6.1 m (20 ft) | 6.1 m (20 ft) | | Minimum Side Yard | 1.2 m (4 ft)/ 2.4 m (8 ft) | 1.2 m (4 ft)/ 2.4 m (8 ft) | | | Semi-Detached (common wall) | Semi-Detached (common wall) | | | 1.8 m (6 ft) | 1.8 m (6 ft) | | | 1.8 m (6 ft) | 1.8 m (6 ft) | | | 1.8 m (6 ft) | 1.8 m (6 ft) | | Maximum Height | | | | | 10.7 m (35 ft) | 10.7 m (35 ft) | | | 4.6 m (15 ft) | 4.6 m (15 ft) | | Minimum Side Yard | | | | | Flankage | Flankage | Table 17-B - Residential Tiny Home (R6) Zone Requirements (with central water and no sanitary sewer) | Minimum Lot Area | 3716 m2 (40,000 ft?) | |------------------------------|------------------------| | Minimum Lot Frontage | 61 m (200 ft) | | Minimum Front Yard | 9.1 m (30 ft) | | Minimum Rear Yard | 9.1 m (30 ft) | | Minimum Side Yard | 3 m (10 ft) | | Minimum Side Yard (flankage) | 4.6 m (15 ft) | | Maximum Height | 10.7 m (35 ft) | ## 40.2.2. Garden Plots Public or private lands may be used for flower or vegetable gardens as a main or Accessory Use. Such Use requires written consent of the applicable public owner. Forestry Use, intensive agricultural Use, keeping of livestock, deer Fences, flagging, ## 40.3. Additional Requirements ## 40.3.1. Building Requirements In addition to all Lot, Yard, height and all Zone requirements, Mini Homes in Rural Residential (RR) Zones are subject to additional Building requirements as follows: - a. compliance with the NBCC ## Part 7: Commercial Zones ## 41. Downtown Core (C1) Zone ## 41.1. Permitted Uses ## 41.1.1. As-of-Right - a. General Retail Uses 2. All Age Teen Clubs 3. Animal grooming 4. art gallery/Studio 5. bakery/bake shop 6. Bed and Breakfast establishments 7. banks and Financial Institutions 8. Boarding Houses 9. Commercial Clubs 10. Commercial Recreation Uses 11. Commercial Schools 12. convention centre 13. Convenience Store 14. cultural Uses 15. Day Care Day Care (residential) department stores - XX. drugstore/pharmacy - XIX. dressmaking/tailoring 3. XXi. dry cleaners - xxiii. existing Automobile Service Stations - xxii. Dry Cleaning Depots xxiv. existing Automobile and marine Sales and Rental Establishments - xxvi. florist - XXV. existing Licensed Liquor Establishments - xxvii. funeral parlours xxviii. grocery store xxix. hardware store XXX. ome improvement stor xxxii. Laundromat xxxi. otels and Motel xxxiii. Licensed Liquor Establishments (except for "Cabaret licenses", per the Liquor Control Act R.S., c. 260 and Adult Cabarets, Adult Entertainment and Massage Parlour Uses) xxxiv. iquor stores xXxVi. Office supply and equipment sales/service xxxvii. Personal Service establishments xxxviii. Pet Grooming establishment photography Studios xxxix. xl. xli. Private Clubs xlii. Recreation Facilities xlili. Restaurants and associated outdoor Cafes and eating areas xliv. Retail garden centre xIV. Service and Repair Shops (excluding automotive and small engine repair) xIvi. theatres and cinemas xlvii. Video Outlet stores postal or courier service printing establishments ## b. Other Commercial Uses - ii. Boarding Houses - i. Bed and Breakfast establishments ili. bus terminal iv. clinics - Commercial Schools - vi. Commercial Recreation Uses vili. Day Care (Residential) vii. Day Care ix. health service Office - x. Offices 2. Xi. parking Lots and parking Structures Xii. Recycling Centres xili. taxi stands - xiv. tourist information services and centres ## c. Non-Commercial Uses - i. Existing Multiple Residential Dwellings - ii. Existing Residential Two Unit (R2) Zone Uses subject to the requirements of that Zone - ili. Recreation (P) Zone Uses subject to the requirements of that Zone - iv. Institutional Zone Uses (excepting group homes as halfway houses in Pictou) subject to the requirements of that Zone - V. Residential Uses in Commercial Buildings ## 41.1.2. Development Agreement - a. Multiple Unit Residential Dwellings (without Commercial Uses subject to Policy CD- - b. Light Industrial Uses associated with Commercial Developments (subject to Policy CD-4) - c. Multiple Unit Residential Dwellings (without Commercial Uses subject to Policy CD- 4. Multiple Unit Residential Dwellings (with Commercial Uses subject to Policy CD. - e. If the use is listed as a permitted as of right use in this zone, this process is not required. ## 41.2. Standard Requirements ## 41.2.1. Lot, Yard and Height Table 17 - Downtown Core (C1) Zone Requirements | Minimum Lot Area | 279 m2 (3,000 ft?) | |------------------------------|----------------------| | Minimum Lot Frontage | 9.1m (30 k) | | Minimum Front Yard | | | Minimum Rear Yard | 1.2 m (4 ft) | | Minimum Side Yard | Nil | | Minimum Side Yard (Flankage) | Nil | ## 41.2.2. Setback In addition to Table 18 requirements, Front and, where applicable, Flankage Yard Setbacks shall: - a. match that of immediately adjacent Buildings within the block face, where possible; - b. match that of the Building sited closest to the front or flanking Lot line where immediately adjacent Buildings have different Setbacks, where possible; or - c. have a minimum Setback of 1.5 metres (5 feet). ## 41.2.3. Garden Plots Public or private lands may be used for flower or vegetable gardens, as a main or Accessory Use. Such Use requires written consent of the applicable public owner. Forestry Use, intensive agricultural Use, keeping of livestock, deer Fences, flagging, chairs and like items shall be prohibited. ## 41.2.4. Abutting Residential Zones Notwithstanding Table 18, where the Side Yard or Rear Yard of a property in the Downtown Core (C1) Zone abuts a residential Zone, then the Minimum Side or Rear Yard, as applicable, shall be the greater of 6 metres (20 feet) or ½ the height of the Main ## 41.2.5. Change of Use An existing Structure change of Use shall be exempt from additional parking requirements, except where there is an increase in Gross Floor Area, in which case additional parking or cash-in-lieu shall be required. ## 41.2.6. Outdoor Loading and Display The Outdoor Loading or display of goods shall be permitted in any Yard, sidewalk or public Right-of-way directly fronting the subject business, temporarily or concurrent to Special Events, sidewalk sales, or festivals, provided that a pedestrian passageway with minimum width of 1.2 metres (4 feet) is maintained over any public Right-of-way, anc does not include outdoor Cafes and eating areas, such eating areas which shall be permitted on public property with consent of the appropriate authority, provided a minimum width requirement outlined by the Traffic Authority or Town Engineer for pedestrian passageways are met. ## 41.2.7. Corner Vision Triangle Unless otherwise provided, Structures exceeding 0.6 metres shall be permitted within the Corner Vision Triangle. ## 41.2.8. Front Façade All Buildings in the Zone must contain a front Building façade comprising a doorway, window, or both. ## 41.3. Additional Requirements ## 41.3.1. Off Street Parking Off street parking shall only be permitted in the Side and/or Rear Yards and shall have a minimum Setback of 6 metres (20 feet) from the front Lot line. ## 41.3.2. Commercial Parking Lots and Structures Frontage parking Lots and parking Structures must be accessory to a permitted Use and situate on the same property as that Use. ## 41.3.3. Residential Uses - a. Residential Uses shall be permitted on the upper and ground floors of Buildings, but no residential Use shall occupy the first 9.1m (30 feet) of the ground level or less of depth of a Building fronting on those Streets indicated in Schedule G. - b. Other residential Uses may be permitted through Development Agreement as outlined in this By-Law. ## 41.3.4. Parking Parking requirements shall be waived for new Commercial Developments or changes in Commercial Use. ## 42. Neighbourhood Commercial (C2) Zone ## 42.1. Permitted Uses ## 42.1.1. As-of-Right ## a. Commercial Uses - ii. Convenience Stores - i. Clinics and medical Offices - ili. Personal Service establishments 4. postal outlets - iv. Offices - vi. professional Offices - vili. Rental Shops - vii. Service and Repair Shops (excluding automotive and small engine repair) - ix. variety stores ## b. Non-Commercial Uses - i any use persisten in the Residentian we amt (R) Zonesobect to Zone requirements ## 42.1.2. Development Agreement - a. multiple unit residential Dwellings (with or without Commercial Uses subject to Policy CD-22) - b. Seniors Residential Complexes (with or without Commercial Uses subject to Policy CD-22) - c. If the use is listed as a permitted as of right use in this zone, this process is not required. ## 42.1.3. Site Plan Approval Applications for new, and expansions to Commercial, Industrial, Institutional (1), Recreation (P) and mixed Uses in the Neighbourhood Commercial (C2) Zone, Highwa lommercial (C3) Zone, Commercial Business Park (C4) Zone, Light Industry (M1) Zone and Provincial Resource (M2) will be accepted, provided: - a. such Use(s) are listed as permitted Uses in the applicable Zone; and 2. required. - b. the proposal includes provisions for parking, off-street loading, and/or new .. Deve use entisted pana permitted as of right use in this zone, this process is not The above shall be subject to Policies IM-23 through IM-30. ## 42.2. Standard Requirements ## 42.2.1. Lot, Yard and Height Table 18 - Neighbourhood Commercial (C2) Zone Requirements | Minimum Lot Area | 212 m2 (7,500 ft?) | |------------------------------|----------------------| | Minimum Lot Frontage | 22.9 m (75 ft) | | Minimum Front Yard | 6.1 m (20 ft) | | Minimum Rear Yard | 6.1 m (20 ft) | | Minimum Side Yard | 4.6 m (15 ft) | | Minimum Side Yard (Flankage) | 4.6 m (15 ft) | | Maximum Building Floor Area | 42 m2 (1,500 ft?) | ## 42.2.2. Municipal Services Development Permits shall be issued only where municipal water and sewer servicing is available. ## 42.2.3. Garden Plots Public or private lands may be used for flower or vegetable gardens as a main or Accessory Use. Such Use requires written consent of the applicable public owner. Forestry Use, intensive agricultural Use, keeping of livestock, deer Fences, flagging, chairs and like items shall be prohibited. ## 42.3. Additional Requirements ## 42.3.1. Buffering Parking and/or Loading Spaces, including driveways and access, shall be prohibited in the required Yards except where a Fence, Berm, or Landscaping forms an opaque visual buffer a minimum of 1.8 metres (6 feet) in height and 1.8 metres (6 feet) in depth. ## 43. Highway Commercial (C3) Zone ## Permitted Uses 43.1. ## 43.1.1. As-of-Right - a. Commercial Uses - ii. Animal grooming - i. All Age Teen Clubs - ili. assembly Uses 5. Automobile Rental Establishments - iv. auto body shops - vi. Automobile Sales Establishments - viii. Banking facilities (Drive-through) - vii. Automobile Service Stations - ix. Bed & Breakfast establishments - x. Boarding Houses 12. XiI. bus station - xi. Bulk Storage Facilities xiii. Cafes - XiV. carpentry shops XV. Clinics and medical Offices - xvii. Commercial Recreational Uses xvi. Commercial Clubs xviii. Commercial Schools - XX. Convenience Stores - xix. Commercial Uses utilizing Heavy Equipment and/or heavy vehicles - xxi. convention centre xXii. cultural Uses xxiii. Custom Workshops XXV. Day Care (Residential) xxiv. Day Care xxvi. department stores xxviii. dry cleaning xxvii. Downtown Core (C1) Zone Uses xxix. dressmaking, tailoring xxxi. Finance Companies XXX. existing banks and Financial Institutions (limited to existing Floor Area xxxii. funeral parlours xxxiv. general Retail xxxiii. garden markets xXXV. Hotels xxxvii. xxxvi. laundromats xxxviii. Motels Licensed Liquor Establishments (except for "Cabaret licenses" per the Liquor Control Act. R.S., c. 260 and Adult Cabarets, Adult Entertainment and Massage Parlour Uses) xxxix. Offices xl. Parking Lots and Parking Structures xli. Personal Service establishments xlii. pharmacies xlili. photography Studios xliv. postal services xIv. printing establishments xIvi. Private Clubs xIvii. Restaurants and associated outdoor Cafes and eating areas xlviii. Rental Shops xlix. Retail Uses Service and Repair Shops (including cars, trucks, boats, etc.) li. small engine and equipment repair lii. supermarkets and grocery stores lili. taxi stands liv. theatres and cinemas Iv. tourist information centres Ivi. variety stores Ivii. Video Outlet stores Iviii. wholesale Uses ## b. Non-Commercial Uses - ii. Industrial Services - i. existing residential Uses subject to Residential Two Unit (R2) Zone requirements - ili. Institutional (I) Zone Uses subject to the requirements of the Institutional (1) Zone - iv. Recreation Facilities and Uses - vi. Recycling Centre - V. Recreation (P) Zone Uses subject to the requirements of the Recreation (P) Zone - vii. Repair Shops - ix. warehousing, storage (Trenton and Stellarton), and distribution (but shall not include any Recycling Depot, recycling operation, waste management operation, or other similar Use - viii. residential Uses in Commercial Buildings - x. the existing Big 8 Beverages Bottling Plant located at 120 North Foord Street - xii. the former Nova Scotia Department of Mines Building (NSTIR) - xi. the existing Nova Scotia Power storage Yard and Offices ## 43.1.2. Development Agreement - a. multiple unit residential Dwellings (without Commercial Uses subject to Policy CD22) - c. Storage uses in the Town of Pictou; - b. Seniors Residential Complexes (without Commercial Uses subject to Policy CD-22); - d. If the use is listed as a permitted as of right use in this zone, this process is not required. ## 43.1.3. Site Plan Approval Applications for new, and expansions to Commercial, Industrial, Institutional (I), Recreation (P) and mixed Uses in the Neighbourhood Commercial (C2) Zone, Highway Commercial (C3) Zone, Commercial Business Park (C4)) Zone, Light Industry (M1) Zone, Provincial Resource (M2), Zone not listed as permitted uses in this zone, will be accepted, provided: - a. such Use(s) are listed as permitted Uses in the applicable Zone; and - c. If the use is listed as a permitted as of right use in this zone, this process is not required. - b. the proposal includes provisions for parking, off-street loading, landscaping and access provisions (if applicable), and/or new Development or expansions. The above shall be subject to Policy(s) IM-23 through IM-30. ## 43.2. Standard Requirements ## 43.2.1. Lot, Yard and Height Table 19 - Highway Commercial (C3) Zone Requirements | Minimum Lot Area | 929 m (10,000 ft") | |------------------------------|----------------------| | Minimum Lot Frontage | 22.9 m (75 ft) | | Minimum Front Yard | 6.1 m (20 ft) | | Minimum Rear Yard | 6.1 m (20 ft) | | Minimum Side Yard | 4.6 m (15 ft) | | Minimum Side Yard (Flankage) | 6.1 m (20 ft) | Notwithstanding Table 21, lots created in the Highway Commercial (C3) Zone within the Town of Pictou may be approved subject to requirements as follows: - a. Lots without frontage shall be permitted provided sufficient parking in the designation and easement agreements to ensure unimpeded access, right of shared parking and passage; and - b. Minimum Parking Spaces required per section 22 may be calculated cumulatively, provided 43.3.6 (a) (ii) compliance. ## 43.2.2. Flag Lots: Lot, Yard and Height Table 20 - Highway Commercial (C3) Zone Requirements (for Flag Lots) | Minimum Lot Area | 929 m2 (10,000 ft?) | |----------------------|-----------------------| | Minimum Lot Frontage | 9.1 m (30 ft) | | Minimum Front Yard | 6.1 m (20 ft) | | Minimum Rear Yard | 6.1 m (20 ft) | | Minimum Side Yard | 1.8 m (15 ft) | ## 43.3. Additional Requirements ## 43.3.1. Abutting Yard Notwithstanding Table 21 or 22, as applicable, where a Yard abuts any Residential, Institutional, or Recreation Zone, the following restrictions shall apply to the Subject Lot: - a. 9.1 metres (30 feet) minimum or 6.1 metres (20 feet) where a Fence, Berm, or - d. any required Abutting Yard, excepting Driveways or access to Parking and Loading ## 43.3.2. Outdoor Loading and Display - a. Outdoor Loading or Display to a maximum of 25% Lot Coverage shall be permitted within the Rear or Side Yards, excepting Motor Vehicle, watercraft, recreational vehicles, and like products that are permitted in Rear, Side and Front Yards with no Lot Coverage, and shall be Fenced or otherwise Screened to buffer adjacent properties. - b. No Outdoor Loading or Display of any kind shall be permitted in a required Abutting Yard. ## 43.3.3. Driveways Driveways on the same property shall be spaced a minimum of 15.2 metres (50 feet) apart. ## 43.3.4. Service Stations Service Stations shall be subject to the following: - a. pump islands shall be a minimum of 6.1 metres (20 feet) from any Street Right-ofway; - b. any pump island canopy or cover shall be a minimum height of 4.3 metres (14 feet); and - c. any pump island canopy or cover shall be a minimum of 3 metres (10 feet) from any Street Right-of-way. ## 43.3.5. Landscaping - Street Frontages - a. Highway Commercial or Shopping Centre Commercial Use Development shall have a grassed buffer (minimum 2 metres (6 feet) wide) of coniferous or deciduous trees (minimum 1.2 metres (4 feet) wide and maximum 3.7 metres (12 feet) high), or of shrubs (minimum 0.6 metres (2 feet) wide and maximum 3.7 metres (12 feet) high), planted with an average maximum spacing of 5 metres (16.4 feet), along the Street frontage on the property to be Developed, and such buffer may be interrupted by driveways and accesses. The Corner Vision Triangle must be maintained, and the buffer shall be in addition to area within the Street Right-of-way. - b. The required trees shall have maximum growth capacity of 3.7 metres (12 feet) and shall be well-maintained. - d. Garbage containers, recycling bins and garbage compactors shall be enclosed by a 2 metre (6 foot) high opaque Fence to buffer public Streets and adjacent properties. - c. Buffer and Screening requirements shall not apply to expansions in Gross Commercial Floor Area to a maximum of 25% for existing Commercial Uses. ## 43.3.6. Garden Plots Public or private lands may be used for flower or vegetable gardens as a main or Accessory Use. Such Use requires written consent of the applicable public owner. Forestry Use, intensive agricultural Use, keeping of livestock, deer Fences, flagging chairs and like items shall be prohibited. ## 44. Commercial Business Park (C4) Zones ## 44.1. Permitted Uses ## 44.1.1. As-of-Right - a. Commercial Uses - ii. Animal grooming - i. All Age Teen Clubs - iii. assembly Uses - V. Automobile Rental Establishments - iv. auto body shops Automobile Sales Establishments Banking facilities (Drive-through) Automobile Service Stations Bulk Storage Facilities X. bus stations Cafes Clinics and medical Offices Commercial Clubs Commercial Recreational Uses Commercial Schools Commercial Uses for Heavy Equipment and/or heavy vehicles Convenience Stores convention centre xiX. cultural Uses XX. Custom Workshops xXi. Daycare Residential xxii. department stores xxiii. Downtown Core (C1) and Downtown Commercial (C1) Zone Uses xxiv. dry cleaning xxVi. existing banks and Financial Institutions (limited to existing Floor Area) XXV. dressmaking, tailoring xxvii. Finance Companies xxix. garden markets xxviii. funeral parlours xXX. general Retail xxxii. laundromats xxxi. Hotels xxxiii. Licensed Liquor Establishments (except for "Cabaret licenses", per the Liquor Control Act. R.S., c. 260 and Adult Cabarets, Adult Entertainment and Massage Parlour Uses) XXXV. Offices xxxiv. XxxVi. Personal Services xxxviii. xxxvii. pharmacies photography Studios xxxix. postal services printing establishments - xli. Private Clubs - xliii. Rental Shops - xlii. Restaurants and associated outdoor Cafes and eating areas - xliv. Retail Uses 5. xIvi. supermarkets and grocery stores 6. x/v. Small engine and equipment repair 7. XIvii. taxi stands - xlix. tourist information centres - xlviii. theatres and cinemas 1. variety stores - lii. wholesale Uses - li. Video Outlet stores ## b. Non-Commercial Uses - ii. Industrial Services - i. existing residential Uses subject to the requirements of the Residential Two Unit (R2) Zone - ili. Institutional (I) Zone Uses subject to the requirements of the Institutional (I) Zone - iv. Recreation Facilities - vi. Recycling Depot - V. Recreation (P) Zone Uses subject to the requirements of the Recreation (P) Zone - vii. Recycling Centre - ix. warehousing, storage, and distribution, waste management operation, or other similar Use - viii. residential Uses in Commercial Buildings ## 44.1.2. Development Agreement - a. multiple unit residential Dwellings (without Commercial Uses subject to Policy CD- - b. Seniors Residential Complexes (without Commercial Uses subject to Policy CD-22) - c. I therese is listed as a permitted as of right use in this zone, this process is not ## 44.1.3. Site Plan Approval Applications for new, and expansions to Commercial, Industrial, Institutional (1), Recreation (P) and mixed Uses in the Neighbourhood Commercial (C2) Zone, Highwa Commercial (C3) Zone, Commercial Business Park (C4) Zone, Light Industry (M1) Zone and Provincial Resource (M2) not listed as permitted uses in this zone, will be accepted, provided: - a. such Use(s) are listed as permitted Uses in the applicable Zone; and - c. If the use is listed as a permitted as of right use in this zone, this process is not required. - b. the proposal includes provisions for parking, off-street loading, landscaping and access provisions (if applicable), and/or new Development or expansions.\ The above shall be subject to Policy(s) IM-23 through IM-30. ## 44.2. Standard Requirements ## 44.2.1. Lot, Yard and Height Table 21 - Commercial Business Park (C4) Zone Requirements | Minimum Lot Area | 929 m2 (10,000 ft?) | |------------------------------|-----------------------| | Minimum Lot Frontage | 22.9 m (75 ft) | | Minimum Front Yard | 6.1 m (20 ft) | | Minimum Rear Yard | 6.1 m (20 ft) | | Minimum Side Yard | 4.6 m (15 ft) | | Minimum Side Yard (Flankage) | 6.1 m (20 ft) | Notwithstanding Table 23, lots created in the Commercial Business Park (C4) Zone within the Town of Pictou may be approved subject to requirements as follows: - a. Lots without frontage shall be permitted provided sufficient parking in the designation and easement agreements to ensure unimpeded access, right of shared parking and passage. - b. Minimum Parking Spaces required per section 22 may be calculated cumulatively, provided 43.3.6 (a) (ii) compliance. ## 44.2.2. Garden Plots Public or private lands may be used for flower or vegetable gardens as a main or Accessory Use. Such Use requires written consent of the applicable public owner. Forestry Use, intensive agricultural Use, keeping of livestock, deer Fences, flagging hairs and like items shall be prohibited ## 44.3. Additional Requirements ## 44.3.1. Abutting Yard Notwithstanding Table 23, where a Yard on a Lot abuts any Residential, Institutional (I), or Recreation (P) Zone: - a. the Abutting Yard shall be a minimum of 9.1 metres (30 feet) or 6.1 metres (20 feet) where a Fence, Berm, or Landscaping forms an opaque visual buffer a minimum 1.8 metres (6 feet) in height; - c. driveways and access to Parking and Loading Spaces shall be permitted in the Abutting Yard; and - b. Parking and Loading Spaces shall be prohibited within the Abutting Yard; - d. any Abutting Yard, excepting Driveways or access to Parking and Loading Spaces, shall be Landscaped Open Space. ## 44.3.2. Outdoor Loading and Display - a. Outdoor Loading or Display to a maximum of 25% Lot Coverage shall be permitted within the Rear or Side Yards, excepting Motor Vehicle, watercraft, recreational vehicles, and like products that are permitted in Rear, Side and Front Yards with no Lot Coverage, and shall be Fenced or otherwise Screened to buffer adjacent properties. - b. No Outdoor Loading or Display of any kind shall be permitted in a required Abutting Yard. ## 44.3.3. Driveways Driveways on the same property shall be spaced a minimum of 15.2 metres (50 feet) apart. ## 44.3.4. Service Stations Service Stations shall be subject to the following: - a. pump islands shall be a minimum of 6.1 metres (20 feet) from any Street Right-ofway; - b. any pump island canopy or cover shall be a minimum height of 4.3 metres (14 feet); and - c. any pump island canopy or cover shall be a minimum of 3 metres (10 feet) from any Street Right-of-way. ## 44.3.5. Landscaping - Street Frontages - a. Shopping Centre Commercial Use Development shall have a grassed buffer (minimum 2 metres (6 feet)) of coniferous or deciduous trees (minimum 1.2 metres (4 feet) and maximum 3.7 metres (12 feet) high), or of shrubs (minimum 0.6 metres (2 feet) and maximum 3.7 metres (12 feet), planted with an average maximum spacing of 5 metres (16.4 feet), along the Street frontage on the property to be Developed, and such buffer may be interrupted by driveways and accesses. The Corner Vision Triangle must be maintained, and the buffer shall be in addition to area within the Street Right-of-way. - b. The required trees shall have maximum growth capacity of 3.7 metres (12 feet) and shall be well-maintained. - c. Buffer and Screening requirements shall not apply to expansions in Gross Commercial Floor Area to a maximum of 25% for existing Commercial Uses. - d. Garbage containers, recycling bins and garbage compactors shall be enclosed by a 2 metre (6 foot) high opaque Fence to buffer public Streets and adjacent properties. ## 44.3.6. Creation of Lots without Frontage - a. Lots without frontage shall be permitted only for Shopping Centres provided: - ii. sufficient parking in the designation and easement agreements to ensure unimpeded access, right of shared parking and passage. - i. minimum Lot area of 40,470 square metres (10 acres); and - b. Minimum Parking Spaces required per section 22 may be calculated cumulatively, provided 43.3.6 (a) (ii) compliance. ## 44.3.7. Area and Frontage Notwithstanding Table 23, Structures and/or areas to be connected over two or more ¿ots shall have no minimum Front, Rear or Side Yards along the common property line and the cumulative area and frontage of the Subiect Properties may be used to calculate the minimum area and frontage requirements. Minimum Parking Spaces required per section 22 may be calculated cumulatively, provided that the Subject Properties permit unimpeded right of shared parking, access and passage. ## Part 8: Industrial Zones ## 45. Light Industrial (M1) Zones ## 45.1. Permitted Uses ## 45.1.1. As-of-Right - a. Industrial Uses 2. Licensed Liquor Establishments 3. communication industries 4. manufacturing, processing, and recycling 5. parking and/or storage of industrial or heavy Commercial vehicles, equipment, and similar goods 6. railway Uses 7. Recycling Depot 8. research industries 9. service industries 10. warehousing, storage and distribution ## b. Non-Industrial and Mixed Uses - i. All Age Teen Club 2. automobile body shops 3. Animal Clinic, grooming, shelter or hospital 4. Automobile Rental Establishments 5. Bulk Storage Facilities - vi. Cafes - vii. Commercial Recreational 8. Viii. community clubs - x. (on Dona use aced to same Use ding or to as the main useustrial - ix. community Recreational Uses - xi. Custom Workshops - xili. Institutional (1) Zone permitted Uses - xii. carpentry shops - xiv. Kennels - XV. Offices - xvii. Recreation (P) Zone permitted Uses - xvi. Rental Shops - xviii. Restaurant - xix. Retail Uses - XX. small engine and equipment repair - xxi. wholesale Uses ## 45.1.2. Site Plan Approval Applications for new, and expansions to Commercial, Industrial, Institutional (I), Recreation (P) and mixed Uses in the Neighbourhood Commercial (C2) Zone, Highway Commercial (C3) Zone, Commercial Business Park (C4) Zone, Light Industry (M1) Zone, and Provincial Resource (M2) Zone will be accepted, provided: - a. such Use(s) are listed as permitted Uses in the applicable Zone; and - c. If the use is listed as a permitted as of right use in this zone, this process is not required. - b. the proposal includes provisions for parking, off-street loading, and/or new Development or expansions. The above shall be subject to Policies IM-23 through IM-30. ## 45.2. Prohibited Uses ## 45.2.1. Uses subject to environmental assessment (per Environment Act. 1994-95, c. 1): ## 45.2.2. industries, including, without limitation: - a. radioactive material or other dangerous goods manufacture, processing or reprocessing facilities - b. heavy water plant - c. pulp and paper mill - e. cement plant - d. petrochemical plant - f. oil refinery - g. metal smelter - h. ferro-alloy plant - i. non-ferrous metal smelter - j. rendering plant 1. timber resource treatment facilities - k. Bulk Storage Facilities with capacity exceeding 5000 cubic metres for liquid or gas storage such as hydrocarbons or chemicals - m. fish meal production facilities - o. extractive facilities - n. electricity production industries with a minimum production rating of 10 megawatts ## 45.3. Standard Requirements ## 45.3.1. Lot, Yard and Height Table 22 - Light Industrial (M1) Zone Requirements | Minimum Lot Area | 929 m' (10,000 f') | |------------------------------|----------------------| | Minimum Lot Frontage | 24.4 m (80 ft) | | Minimum Front Yard | 6.1 m (20 ft) | | Minimum Rear Yard | 6.1 m (20 ft) | | Minimum Side Yard | 4.6 m (15 ft) | | Minimum Side Yard (Flankage) | 6.1 m (20 ft) | ## 45.3.2. Abutting Yard Notwithstanding Table 25, where an Industrial or Commercial Use abuts any Residential, Institutional (I), or Recreation (P) Zone, the following restrictions shall apply to the subject Lot: - a. 9.1 metres (30 feet) Minimum Yard or 6.1 metres (20 feet) Minimum Yard where a Fence, Berm, or Landscaping forms an opaque visual buffer a minimum 1.8 metres (6 feet) in height; - c. driveways and access to Parking and Loading Spaces shall be permitted in the Abutting Yard; and - b. Parking and Loading Spaces shall be prohibited within the Abutting Yard; - d. any required Abutting Yard, excepting Driveways or access to Parking and Loading Spaces, shall be Landscaped Open Space. ## 45.3.3. Outdoor Loading and Display - a. Outdoor Loading or Display to a maximum of 50% Lot Coverage shall be permitted within the Rear or Side Yards and shall be Fenced or otherwise Screened to buffer adjacent properties. - b. No Outdoor Storage or Display of any kind shall be permitted in a required Abutting Yard. ## 45.3.4. Garden Plots Public or private lands may be used for flower or vegetable gardens as a main or Accessory Use. Such Use requires written consent of the applicable public owner. Forestry Use, intensive agricultural Use, keeping of livestock, deer Fences, flagging, chairs and like items shall be prohibited. ## 45.3.5. Buffering Parking and/or Loading Spaces, including driveways and access, shall be prohibited in the required Yards except where a Fence, Berm, or Landscaping forms an opaque visual buffer a minimum of 1.8 metres (6 feet) in height and 1.8 metres (6 feet) in depth. ## 45.4. Additional Requirements ## 45.4.1. Obnoxious Industrial Uses, Salvage Yards and Scrap Metal Operations These Uses and operations are subject to additional restrictions as follows: - a. NSE compliance; - c. no such Use shall be located on a Lot less than 20,234 square metres (5 acres) in area; - b. no salvage Yard shall be located within 15.2 metres (50 feet) of any existing residential Use or Zone; - d. a visual Screen and Buffer Strip at least 15.2 metres (50 feet) in width shall separate adjacent Uses, and Street or road rights-of-way; and - e. Use shall not involve Obnoxious emissions. ## 46. Provincial Resource (M2) Zone ## 46.1. Permitted Uses ## 46.1.1. As-of-Right - a. Industrial Uses 2. all works, machinery, plant, latrines, washhouses, and other Buildings and premises below or above ground accessory to or otherwise connected with the mine 3. opening, excavating, or working of any coal or coal-bearing substance in any ore body, coal deposit, stratum, soil, rock, earth bed, clay, sand, gravel or like mining area - ili. forestry Uses ## b. Non-industrial Uses - Permitted Recreation (P) Zone Uses subject to the requirements of that Zone ## 46.1.2. Site Plan Approval New, and expansions to Commercial, Industrial, Institutional (I), Recreation (P) and mixed Uses in the Neighbourhood Commercial (C2) Zone, Highway Commercial (C3) Zone, Commercial Business Park (C4) Zone, Light Industry (M1) Zone, Provincial Resource (M2) Zone where: - a. such Use(s) are listed as permitted Uses in the applicable Zone; and - b. the proposal includes provisions for parking, off-street loading, and/or new Development or expansions. - c. If the use is listed as a permitted as of right use in this zone, this process is not required. The above shall be subject to Policy IM-23 through IM-30. ## 46.2. Prohibited Uses - 46.2.1. Uses subject to environmental assessment (per Environment Act. 1994-95, c. 1). ## 46.2.2. Industries including, without limitation: - a. radioactive material or other dangerous goods manufacture, processing or reprocessing facilities 2. di pupaemical pant - b. heavy water plant - e. cement plant - g. metal smelter - f. oil refinery - h. ferro-alloy plant - i. non-ferrous metal smelter - j. dismembering-rendering plant - I. timber resource treatment facilities - k. Bulk Storage Facilities with capacity exceeding 5000 cubic metres for liquid or gas storage such as hydrocarbons or chemicals - m. fish meal production facilities - o. extractive facilities - n. electricity production industries with a minimum production rating of 10 megawatts ## 46.3. Standard Requirements ## 46.3.1. Garden Plots Public or private lands may be used for flower or vegetable gardens as a main or Accessory Use. Such Use requires written consent of the applicable public owner. Forestry Use, intensive agricultural Use, keeping of livestock, deer Fences, flagging, chairs and like items shall be prohibited. ## 46.4. Additional Requirements ## 46.4.1. Abutting Yard Where a Yard abuts any Residential, Institutional (I), or Recreation (P) Zone, the following restrictions shall apply to the subject Lot: - a. 305 metres (1000 feet) minimum Setback where a Fence, Berm, or Landscaping forms an opaque visual buffer a minimum 1.8 metres (6 feet) in height; - c. driveways and access roads shall be prohibited in the Abutting Yard; and - b. Parking and Loading Spaces shall be prohibited within the Abutting Yard; - d. any Abutting Yard shall be Landscaped Open Space. ## 46.4.2. Outdoor Storage and Display Where permitted, Outdoor Storage areas shall be Fenced or otherwise Screened to buffer adjacent properties or public areas. ## 47. General Industrial (M3) Zone ## 47.1. Permitted Uses ## 47.1.1. As-of-Right - a. Industrial Uses - ii. Animal hospitals and Kennels - i. auto trade industries, including Automobile Service Stations - ili. business and professional Offices - V. construction industries - iv. communication industries - vi. Industrial Service Uses - vili. manufacturing, assembling and processing plants that are not Obnoxious - vii. Commercial Uses accessory to the main Use 10. ix. - xi. research establishments - x. Recycling Centres and/or Recycling Depots - xii. Retail trade establishments 14. permitted Light Industry (M1) Zone Uses, subject to Light Industry (M1) Zone requirements 15. trucking and railway depots - XV. utilities - xvi. wholesale trade and Warehouse establishments ## 47.1.2. Development Agreement - a. Obnoxious Heavy Industrial Uses in areas designated industrial on the GFLUM that are Policy IM-12 compliant. If the use is listed as a permitted as of right use in this zone, this process is not required. ## 47.1.3. Site Plan Approval New, and expansions to Commercial, Industrial, Institutional (1), Recreation (P) and mixed Uses in the Neighbourhood Commercial (C2) Zone, Highway Commercial (C3) Zone, Commercial Business Park (C4) Zone, Light Industry (M1) Zone, and Provincial Resource (M2) Zone where: - a. such Use(s) are listed as permitted Uses in the applicable Zone; and - If the use is listed as a permitted as of right use in this zone, this process is no required. - b. the proposal includes provisions for parking, off-street loading, and/or new Development or expansions The above shall be subject to Policy IM-23 through IM-30. ## 47.2. Prohibited Uses - 47.2.1. Uses subject to environmental assessment per the Environment Act. 1994-95, c. 1. - 47.2.2. Obnoxious industries are not permitted in the Provincial Zone, including, without limitation: - a. radioactive material or other dangerous goods manufacture, processing or reprocessing facilities - b. heavy water plant - c. pulp and paper mill - e. cement plant - d. petrochemical plant - f. oil refinery - h. ferro-alloy plant - g. metal smelter - i. non-ferrous metal smelter - k. Bulk Storage Facilities with capacity exceeding 5000 cubic metres for liquid or gas storage such as hydrocarbons or chemicals - j. dismembering-rendering plant - 1 timber resource treatment facilities - m. fish meal production facilities - o. extractive facilities - n. electricity production industries with a minimum production rating of 10 megawatts ## 47.3. Standard Requirements ## 47.3.1. Lot, Yard, and Height Table 23 - General Industry (M3) Zone Requirements | Minimum Lot Area | 929 m° (10,000 ft?) | |----------------------|-----------------------| | Minimum Lot Frontage | 24.4 m (80 ft) | | Minimum Front Yard | 6.1 m (20 ft) | | Minimum Rear Yard | 6.1 m (20 ft) | | Minimum Side Yard | 4.6 m (15 ft) | | Minimum Height | 15.2 m (50 ft) | ## 47.4. Additional Requirements ## 47.4.1. Area and Frontage Notwithstanding Table 26, Front, Rear and Side Yard requirements, Industrial Building(s), complexes, facilities, projects or areas to be connected over two or more premises shall have no minimum Front, Rear or Side Yards along the common property line, and the cumulative area and frontage of the Subject Properties may be used to calculate the minimum area and frontage requirements. Minimum Parking Spaces required per section 22 may be calculated cumulatively, provided that the Subject roberties permit unimpeded right of shared parking, access and passage ## 47.4.2. Abutting Yards and Landscaping - a. Yards or Lots located within an industrial Zone that abuts a non-industrial Zone shall be subject to criteria as follows: 2. no Outdoor Storage in the required Abutting Yard; and - i. minimum Abutting Side or Rear Yard of 9.1 metres (30 feet); 4. Screening of the Abutting Yard by an opaque Fence or Landscaped Buffer Strip with minimum height of 1.8 metres (6 feet). - b. Permitted Uses are subject to Landscaping requirements as follows: 6. Building fronts shall have a Landscaped area adjacent to the Building with minimum width of 1.8 metres (6 feet), with one tree or shrub placed every 3 metres (10 feet) of frontage, excepting Building entrances. 7. Yard areas, excepting parking, maneuvering aisles, driveways, walkways, loading areas, refuse and other Outdoor Storage areas, shall be Landscaped with grass or other vegetative cover; and ## 47.4.3. Outdoor Storage and Display - a. Outdoor Storage or display to a maximum of 50% Lot Coverage shall be permitted within the Rear or Side Yards and shall be wholly enclosed and Screened by an opaque Fence or Landscaped Buffer Strip with a minimum height of 1.8 metres (6 - b. Permitted Service Stations shall conform to the special requirements set out in Part 7 provision 43.3.4 herein. ## 47.4.4. Creation of Lots Without Frontage - a. Lots without frontage shall be permitted provided: - ii. sufficient parking in the designation and easement agreements to ensure unimpeded access, right of shared parking and passage. 3. the industrial Use maintains the minimum Lot Area of the General Industrial (M3) Zone of 929 square metres (10,000 square feet); and - b. Minimum Parking Spaces required per section 22 may be calculated cumulatively, provided 49.4.4 (a) (ii) compliance. ## Part 9: Institutional (I) Zone ## 48. Institutional (1) Zone ## 48.1. Permitted Uses ## 48.1.1. As-of-Right - a. Institutional Uses - ii. Cemeteries - i. ambulance services - ili. Churches or other places of worship 5. Clinics and medical Offices - V. colleges 7. Commercial Schools 8. Community Centres 9. Community Gardens 10. Community Homes - X. cultural Uses 12. Day Care 13. Day Care (Residential) 14. Dormitories (except in the C1 Zone in Trenton) - xiv. Enriched Seniors Residences - XV. fire stations 17. xVi. food banks - xvii. hospitals - xviii. libraries - xix. museums - XX. Nursing Homes - xxi. Personal Care - xxii. police stations 24. xXiV. Private and Public Schools - xxiii. post Offices - XXV. Public Buildings - xxvii. senior citizen housing - xxvi. Residential Care Facilities - xxviii. Seniors Residential Complexes - xxix. Special Care Facilities - XXX. Universities ## b. Non-Institutional Uses - ii. Recreational Uses subject to Recreation (P) Zone requirements - i. existing residential Uses subject to Residential Two Unit (R2) Zone requirements ## 48.1.2. Site Plan Approval New, and expansions to Commercial, Industrial, Institutional (I), Recreation (P) and mixed Uses in the Neighbourhood Commercial (C2) Zone, Highway Commercial (C3) Zone, Commercial Business Park (C4) Zone, Light Industry (M1) Zone, and Provincial Resource (M2) Zone where: - a. such Use(s) are listed as permitted Uses in the applicable Zone; and - c. If the use is listed as a permitted as of right use in this zone, this process is not required. - b. the proposal includes provisions for parking, off-street loading, and/or new Development or expansions. The above shall be subject to Policy IM-23 through IM-30. ## 48.2. Standard Requirements ## 48.2.1. Yard, Lot and Height Table 24 - Institutional (I) Zone Lot Requirements | Minimum Lot Area | Serviced Unserviced | 465 m? (5,000 ft?) 2787 m2 (30,000 ft') | |----------------------|-----------------------|----------------------------------------------------| | Minimum Lot Frontage | | 18.3 m (60 ft) | | Minimum Front Yard | | 6 m (20 ft) | | Minimum Rear Yard | | 6 m (20 ft) | | Minimum Side Yard | | Greater of 4.6 m (15 ft) or ½ Main Building Height | ## 48.2.2. Garden Plots Public or private lands may be used for flower or vegetable gardens as a main or Accessory Use. Such Use requires written consent of the applicable public owner. Forestry Use, intensive agricultural Use, keeping of livestock, deer Fences, flagging, chairs and like items shall be prohibited. ## 48.3. Additional Requirements ## 48.3.1. Outdoor Storage and Display lotwithstanding section 21.6, Outdoor Storage or Display shall be prohibited excer oncurrent to special events, sidewalk sales, or festivals, to a maximum period of 3 days per calendar year. ## 48.3.2. Where Abutting a Residential Zone Lots abutting a residential Zone are subject to criteria as follows: - a. the Abutting Yard shall have a Minimum Side and Rear Yard of 6.1 metres (20 feet) and all areas within the Abutting Yard shall be Landscaped Open Space; and - b. Parking Spaces and Outdoor Storage shall be prohibited in a required Abutting Yard except where opaque Screening by Fencing and/or Landscaping are providea, It which case Parking Spaces or Outdoor Storage shall be prohibited within 1.8 metres (6 feet) of the abutting Lot line. ## 48.3.3. Parking and Loading - a. Parking Areas for Uses shall be permitted in the side or Rear Yards of a Lot as of right, and in the Front Yard of a Lot, between the front Lot line and the Main Building, provided Landscaping by grassed material and tree/shrub planting is provided in an area along the front Lot line for a minimum depth of 3 metres (10 - b. Required Loading Spaces shall be permitted only in the Rear Yard of the Lot. 3. : Parking and Loading Spaces shall be provided per section 22, unless otherwis directed by the Traffic Authority ## Part 10: Recreation (P) Zone ## 49. Recreation (P) Zone ## 49.1. Permitted Uses ## 49.1.1. As-of-Right - a. Recreation Uses 2. cenotaphs 3. Commercial Recreation Uses 4. Day Care 5. conservation areas 6. Day Care (Residential) 7. fairgrounds and exhibition sites 8. gazebos, pavilions, band shells 9. parks 10. player and private Recreation Uses such as tennis courts, swimming Pols, indoor and outdoor sports facilities, golf courses, bowling greens, archery ranges, riding stables, arenas 11. picnic areas 12. Recreation Facilities 13. stadiums 14. recreational Retail and Rental Shops - xix. Structures and Uses accessory to the foregoing - b. Non-Recreational Uses 17. Commercial Uses accessory to a Recreation (P) Use 18. Community Centres ## 49.1.2. Site Plan Approval New, and expansions to Commercial, Industrial, Institutional (I), Recreation (P) and mixed Uses in the Neighbourhood Commercial (C2) Zone, Highway Commercial (C3) Zone, Commercial Business Park (C4) Zone, Light Industry (M1) Zone, Provincial Resource (M2) Zone, Institutional (I) Zone, and Recreation (P) Zone where such Use(s) are: - a. listed as permitted Uses in the applicable Zone; and 2. . the proposal includes provisions for parking, off-street loading, and/or nev · If the use is listed as a permited as of right use in this zone, this proces is nol The above shall be subject to Policy IM-23 through IM-30. ## 49.2. Standard Requirements ## 49.2.1. Yard, Lot and Height Table 25 - Recreation (P) Zone Lot Requirements | Minimum Lot Area | Serviced Unserviced | 465 m2 (5,000 ft?) 2787 m' (30,000 ft?) | |----------------------|----------------------------------------|-------------------------------------------| | Minimum Lot Frontage | | 18.3 m (60 ft) | | Minimum Front Yard | | 6 m (20 ft) | | Minimum Rear Yard | | 6 m (20 ft) | | Minimum Side Yard | Greater of 46m (15 gor 4% Main Bulling | | ## 49.2.2. Garden Plots Public or private lands may be used for flower or vegetable gardens as a main or Accessory Use. Such Use requires written consent of the applicable public owner. Forestry Use, intensive agricultural Use, keeping of livestock, deer Fences, flagging, chairs and like items shall be prohibited ## 49.3. Additional Requirements ## 49.3.1. Outdoor Storage and Display Notwithstanding section 21.6, Outdoor Storage or Display shall be prohibited except concurrent to special events, sidewalk sales, or festivals, to a maximum period of 30 days per calendar year. ## 49.3.2. Where Abutting a Residential Zone Lots abutting a residential Zone are subject to criteria as follows: - a. the Abutting Yard shall have a Minimum Side and Rear Yard of 6.1 metres (20 feet) and all areas within the Abutting Yard shall be Landscaped Open Space; and - b. Parking Spaces and Outdoor Storage shall be prohibited in a required Abutting Yard except where opaque Screening by Fencing and/or Landscaping are provided, in which case Parking Spaces or Outdoor Storage shall be prohibited within 1.8 metres (6 feet) of the abutting Lot line. ## Part 11: Floodplain (E) Zone ## 50. Floodplain (F) Zone ## 50.1. Permitted Uses ## 50.1.1. As-of-Right - a. Floodplain Uses - ii. Passive Recreational Uses - i. conservation areas - iii. trails - iv. existing sand, gravel, and topsoil extraction operations ## 50.1.2. Development Agreement - a. new and expansions to existing sand, gravel, and topsoil extraction operations, subject to MPS Policy F-3 - c. If the use is listed as a permitted as of right use in this zone, this process is not required. - b. Recreation and tourism-related Uses subject to MPS Policy F-4 ## 50.2. Placement of Off-site Fill ## 50.2.1. Placement of Off-site Fill - a. Based on the Joint Canada/Nova Scotia Flood Plain Mapping of the East River Floodways (circa 1980), expansions to existing uses located within the floodway fringe (1:100 year) are permitted (but not in the floodway (1:20 year)), provided it is flood-proofed, and in compliance with the Statement of Provincial Interest outlined in the MGA. - b. Off-site Fill placement is prohibited within the 1:20 year Floodway. ## Part 12: Waterfront (W) Zone ## 51. Waterfront (W) Zone ## 51.1. Permitted Uses ## 51.1.1. As-of-right - a. General Waterfront Uses 2. business, Professional and government Offices and facilities - i. Bed and Breakfast establishments to a maximum of four rooms to let (subject to section 28) - iii. Fishery industry - V. Commercial Recreation - iv. Cafes - vi. Community Gardens - vili. Country Inns - vii. Cottages 10. ix. - xi. existing multiple unit Dwellings - x. existing mixed Commercial/residential Offices and facilities - xii. existing Single Detached Dwellings - xiv. inns - xili. Hostels 16. xV. Lounges, beverage rooms, pubs - xvii. Restaurants - xvi. Recreational - xviii. Retail stores - xix. Tourist or Guest Home Establishment ## 51.1.2. Development Agreement - a. multi-unit Dwellings per Pictou SPS Policy P-W-6 - c. expansion of existing Multiple Unit Dwellings per Pictou SPS Policy P-W-5 - b. new Custom Workshops, Hotels, Shopping Centers, mixed residential/ Commercial/Office Developments and multi-unit residential Developments per Pictou SPS Policy P-W-3 4. mixed Use residential/Office and Commercial Developments per Pictou SPS Policy e. It the use is listed as a permitted as of right use in this zone, this process is not 5. 51.2. Uses Exempt from Zone Requirements include public walkways, public parks, public utilities, Parking Lots and Parking Structures, marinas, and municipally owned or controlled ## 51.3. Standard Requirements ## 51.3.1. Lot, Yard and Height Table 26 - Waterfront (W) Zone Requirements | Minimum Lot Area | 278 m2 (3,000 ft') | |---------------------------------|----------------------| | Minimum Lot Frontage | 9.1 m (30 ft) | | Minimum Front Yard | 3 m (10 f) | | Maximum Height of Main Building | 10.7 m (35 ff) | ## 51.3.2. Garden Plots Public or private lands may be used for flower or vegetable gardens as a main or Accessory Use. Such Use requires written consent of the applicable public owner. Forestry Use, intensive agricultural Use, keeping of livestock, deer Fences, flagging, ## 51.4. Additional Requirements ## 51.4.1. Signs In addition to general signage requirements herein, the following shall apply: - a. Erected Signs shall have a consistent and aesthetic construction of wood, stone, wrought iron, simulated wood, or a combination thereof; and - b. Signs shall have a 4.6 metre (15 foot) maximum height. ## 51.4.2. Outdoor Storage and Display In addition to general Outdoor Storage or Display requirements herein, and excepting Town Outdoor Storage or Display, Outdoor Storage or Display shall be: - b. Screened by opaque wooden Fencing preventing ground level visibility from any adjacent Yard or from a public Street; and - c. prohibited except concurrent to special events, sidewalk sales, or festivals, to a maximum period of 30 days per calendar year, notwithstanding section 21.6. ## 51.4.3. Building Appearance Any Building, including Accessory Buildings, shall have a consistent and aesthetic exterior, with wood, brick, and/or stone or imitation finish. ## 51.4.4. Landscaping New Structures or Buildings that front on Caladh or the Jitney Trail shall provide Front Yard Landscaping a minimum height of 1.5 metres (5 feet) placed every five linear metres of frontage combined with additional plantings. ## 51.4.5. Parking Exemption Permitted new or expansions to Commercial or Institutional Developments for properties fronting on the following Streets shall be exempt from off-street parking: - a. Water Street (between Willow Street and Coleraine Street) - c. Caladh Avenue - b. Market Street - d. George Street - f. Front Street (to Welsford Street) - e. Coleraine Street - g. Creighton Street - h. Depot Street - i. Commercial Street - j. Kempt Street ## Part 13: Water Supply (WS) Zone ## 52. Water Supply (WS) Zone ## 52.1. Permitted Uses ## 52.1.1. As-of-Right - a. Conservation-related Uses - b. non-Intensive agricultural Uses, excluding all Buildings but small Accessory Buildings or Structures - c. Passive Recreation - d. public utilities - f. Single Detached Dwellings - e. public walking trails ## 52.2 Standard Requirements ## 52.2.1. Lot, Yard and Height Table 27 - Water Supply (WS) Zone Requirements | Minimum Lot Area | 0.8 ha (2 acres) | |-------------------------|--------------------| | Minimum Lot Frontage | 46 m (150 ft) | | Minimum Front Yard | 10m (32 ft) | | Minimum Side Yard | 3 m (10 ft) | | Minimum Rear Yard | 10 m (32 ft) | | Maximum Building Height | 10.7 m (35 ft) | ## Part 14: Airport (AP) Zone ## 53. Airport (AP) Zone ## 53.1. Permitted Uses ## 53.1.1. As-of-Right - a. airport Uses - ii. aviation services - i. air transportation service industries - iii. Bulk Storage Facilities ## 53.2. Standard Requirements ## 53.2.1. Lot, Yard and Height Table 28 - Airport (AP) Zone Requirements | Minimum Lot Area | on-site services central services on-site services | 1858 m? (20,000 ft?) 15.2 m (50 ft) 30.5 m (100 ft) | |----------------------|------------------------------------------------------|-------------------------------------------------------| | Minimum Lot Frontage | on-site services central services | 30.5 m (100 ft) 15.2 m (50 ft) | | Minimum Front Yard | | 6.1 m (20 ft) | | Minimum Rear Yard | | 6.1 m (20 ft) | | Minimum Side Yard | | 3 m (10 ft) | | Maximum Height | | 15.2 m (50 ft) | ## 53.3. Additional Requirements ## 53.3.1. Where Abutting a Residential or Institutional (I) Zone Lots abutting a residential or Institutional (1) Zone are subject to criteria as follows: - a. the Abutting Yard shall have a Minimum Side or Rear Yard of 9.1 metres (30 feet); - b. Outdoor Storage shall be prohibited in the required Abutting Yard. ## 53.3.2. Signs There shall be a maximum of one Sign per Building, excepting maximum two Signs per Building where Building has runway access. ## 53.3.3. Building Appearance Building exterior wall surfaces shall be compatible with the existing airport terminal Building and comprise glass, stone, aggregate, pre-cast concrete, steel, brick, cast in place concrete, or wood. ## 53.3.4. Landscaping - a. Yard areas not used for parking, maneuvering aisles, driveways, walkways, loading areas, refuse storage and Outdoor Storage shall be Landscaped with grass or other appropriate vegetation; and - b. All Building fronts abutting a public road shall have a minimum 1.8 metres (6 feet) width Landscaped area adjacent to the Building with one tree or shrub planted per 3 metres (10 feet) of frontage, excepting Building entrances. ## 53.3.5. Outdoor Storage and Display Outdoor Storage or Display shall not exceed 50% Lot Coverage, shall not be permitted within the required Front or Flankage Yard, and all Outdoor Storage areas, including refuse storage, shall be wholly enclosed and Screened by an opaque Fence or Landscaped Buffer Strip with a minimum height of 1.8 metres (6 feet)." ## 53.3.6. Other - a. Development Permit applications shall be subject to NSE review and comment, particularly for groundwater resource protection. - c. All airport Development shall have direct Collector road access. - b. Bulk fuel storage shall be in a Bulk Storage Facility. 4. Unserviced Zone Development shall be limited to non-intensive airport Uses. ## Part 15: Schedules 54. Schedule A - Zone Maps 2. 54.1. Schedule A-2 - Town of Pictou 3. 54.2. Schedule A-3 - Town of Stellarton 4. 54.3. Schedule A-4 - Town of Trenton 55. Schedule B - Subsidence Prone Lands 6. 55.1. Schedule B-1 - Town of Stellarton 7. 55.2. Schedule B-3 - Requirements for Geo-Technical Report 56. Schedule C - Environmental Features 9. 56.1. Schedule C - Environmental Features (Town of Trenton) 57. Schedule E - Grounds Signs Max 24.4m (80 ft) in Height 58. Schedule G - List of Streets Where Commercial Frontage Requirements Apply 59. Schedule H - Requirements for mini-homes as garden and garage suites, where applicable ## Part 15: Schedules 54. Schedule A - Zone Maps 2. 54.1. Schedule A-2 - Town of Pictou 3. 54.2. Schedule A-3 - Town of Stellarton 4. 54.3. Schedule A-4 - Town of Trenton 55. Schedule B - Subsidence Prone Lands 6. 55.1. Schedule B-1 - Town of Stellarton 7. 55.2. Schedule B-3 - Requirements for Geo-Technical Report 56. Schedule C - Environmental Features 9. 56.1. Schedule C - Environmental Features (Town of Trenton) 57. Schedule E - Grounds Signs Max 24.4m (80 ft) in Height 58. Schedule G - List of Streets Where Commercial Frontage Requirements Apply 59. Schedule H - Requirements for mini-homes as garden and garage suites, where applicable Note* Schedules D and F have been deleted from the original text : ## Schedule A - Zoning Maps