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APPROVED BY TOWN COUNCIL
November 6, 2023
EFFECTIVE DATE
January 11, 2024
OFFICE CONSOLIDATION
With Amendments to July 2025
LAND USE BY-LAW
7
Town of Truro Community Plan
This Page Left Intentionally Blank
PART 7 | PAGE i
Table of Contents
TOWN OF TRURO COMMUNITY PLAN
LAND USE BY-LAW
DC
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Contents
1 | Definitions
2 | Administration
2.1
TITLE & PURPOSE...................................................................... 1
2.1.1
Title...............................................................................................................................1
2.1.2
Lands Governed by this By-law............................................................................1
2.1.3
Purpose.......................................................................................................................1
2.1.4
Repeal of Former By-laws......................................................................................1
2.2
ZONES....................................................................................... 1
2.2.1
Zoning Map.................................................................................................................1
2.2.2
Zone Symbols...........................................................................................................2
2.2.3
Zoning Boundaries..................................................................................................3
2.3
INTERPRETATION.......................................................................3
2.3.1
Illustrations...............................................................................................................3
2.3.2
Defined Terms..........................................................................................................3
2.3.3
More Restrictive Requirement Applies.............................................................3
2.4
DEVELOPMENT OFFICER............................................................3
2.4.1
Appointment by Council........................................................................................3
2.5
PLANNING ADVISORY COMMITTEE (PAC)....................................4
2.5.1
Planning Advisory Committee.............................................................................4
2.5.2
Area Advisory Committee.....................................................................................4
2.6
DEVELOPMENT PERMIT ............................................................4
2.6.1
Development Enabled by This By-law...............................................................4
2.6.2
Compliance with this By-law................................................................................4
2.6.3
Requirement for a Development Permit..........................................................5
2.6.4
Compliance with Other Legislation and By-laws............................................5
2.6.5
Administration by the Development Officer...................................................5
2.6.6
Development Permit Exemptions.......................................................................5
2.6.7
Development Permit Applications.....................................................................6
2.6.8
Approval.....................................................................................................................6
2.6.9
Expiry..........................................................................................................................6
2.6.10 Revocation.................................................................................................................6
2.6.11
Fees..............................................................................................................................7
2.7
VARIANCE.................................................................................7
2.7.1
Variance Conditions................................................................................................7
2.7.2
Variance Procedures .............................................................................................7
PAGE ii | PART 7
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2.8
SITE PLAN APPROVAL............................................................... 8
2.8.1
Provision for Site Plan Approval.........................................................................8
2.8.2
Site Plan Approval Notification Area.................................................................8
2.8.3
Appeal Procedures..................................................................................................8
2.8.4
Form and Content of Application.......................................................................8
3 | General Provisions
3.1
GENERAL DEVELOPMENT REGULATIONS.................................... 1
3.1.1
Development Permit Required.............................................................................1
3.1.2
Accessory Buildings.................................................................................................1
3.1.3
Accessory Use...........................................................................................................1
3.1.4
Accessory Uses Permitted....................................................................................2
3.1.5
Accessory Structures.............................................................................................2
3.1.6
Building to be Moved..............................................................................................2
3.1.7
Building to be Erected on a Lot...........................................................................2
3.1.8
Compliance with Other By-laws..........................................................................2
3.1.9
Day Lighting Triangle.............................................................................................2
3.1.10
Existing Buildings....................................................................................................2
3.1.11
Fencing.......................................................................................................................3
3.1.12
Fronting on Streets.................................................................................................3
3.1.13
Height Regulations.................................................................................................4
3.1.14
Illumination...............................................................................................................4
3.1.15
Multiple Uses............................................................................................................4
3.1.16
Natural Hazards and Yard Requirements.........................................................4
3.1.17
Non-Conforming Uses and Structures..............................................................4
3.1.18
One Main Building on a Lot...................................................................................5
3.1.19
Noise, Odour, and Emission Control...................................................................5
3.1.20 Obnoxious Use..........................................................................................................5
3.1.21
Outdoor Woodburning Furnaces.........................................................................5
3.1.22 Permitted Encroachments into Yards...............................................................6
3.1.23 Public Uses Exempt.................................................................................................6
3.1.24 Public Utilities..........................................................................................................6
3.1.25 Refuse Storage ........................................................................................................6
3.1.26 Restoration to a Safe Condition..........................................................................7
3.1.27 Trucks, Automobiles, Buses, and Shipping Containers.................................7
3.1.28 Special Occasion or Temporary Uses................................................................7
3.1.29 Subdivision of Lots for Monuments and other Similar Uses......................8
3.1.30 Swimming Pools.......................................................................................................8
3.1.31
Telecommunication Facilities..............................................................................8
3.1.32 Temporary Construction Uses.............................................................................9
3.1.33 Undersized Lots.......................................................................................................9
3.1.34 Utilities.......................................................................................................................9
3.1.35 Yard and Garage Sales...........................................................................................9
PART 7 | PAGE iii
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3.2
PARKING AND LOADING .......................................................... 10
3.2.1
Parking Required...................................................................................................10
3.2.2
Calculating Parking Requirements...................................................................10
3.2.3
Parking Requirements ........................................................................................10
3.2.4
Design Standards for Parking Areas or Lots.................................................13
3.2.5
Parking and Loading Specifications ...............................................................15
3.2.6
Loading Spaces......................................................................................................16
3.2.7
Driveway Specifications...................................................................................... 17
3.2.8
Access to a Public Street.................................................................................... 17
3.2.9
Accessible Parking Requirements.................................................................... 17
3.2.10 Vehicle Stacking for Drive-Thru Uses.............................................................. 17
3.2.11
Bicycle Parking.......................................................................................................18
3.2.12 Parking of Commercial Motor Vehicles...........................................................18
3.2.13 Cash-in-lieu of Required Parking......................................................................19
3.3
SIGNAGE................................................................................. 19
3.3.1
General.....................................................................................................................19
3.3.2
Signs Permitted in all Zones Not Requiring a Development Permit......19
3.3.3
Signs Prohibited in all Zones............................................................................20
3.3.4
Sign Illumination................................................................................................... 21
3.3.5
Safety and Maintenance...................................................................................... 21
3.3.6
Calculating the Number and Area of Signs................................................... 21
3.3.7
Sign Types................................................................................................................22
3.3.8
Setback Requirements for Signs......................................................................24
3.3.9
Permitted Signage by Zone................................................................................24
3.3.10 Temporary Signs....................................................................................................24
3.3.11
Street Banners...................................................................................................... 28
3.3.12 Off-site Signage.................................................................................................... 29
3.3.13 Sponsorship Signage on Town Owned Recreational Lands.....................30
3.3.14 Signs Identifying Residential Developments...............................................30
3.4
URBAN AGRICULTURAL USES.................................................. 30
3.4.1
Animal Units...........................................................................................................30
3.4.2
Calculating Animal Units..................................................................................... 31
3.4.3
General Requirements......................................................................................... 31
3.4.4
Animal Shelter Setback Requirements........................................................... 31
3.4.5
Buffering Requirements......................................................................................32
3.4.6
Special Regulations for Beekeepers................................................................32
3.5
STORMWATER MANAGEMENT...................................................33
3.5.1
Impermeable Surface Allowances................................................................... 33
3.5.2
Exceeding Impermeable Surface Allowances..............................................34
3.5.3
Stormwater Management Design Manual.....................................................34
3.6
AMENITY SPACE......................................................................38
3.6.1
Amenity Space Requirements..........................................................................38
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4 | Downtown Core (DC) Zone
4.1
PERMITTED USES...................................................................... 1
4.2
AS-OF-RIGHT DEVELOPMENT.....................................................2
4.2.1
Downtown Core (DC) Zone Requirements .......................................................2
4.2.2
General Provisions Apply......................................................................................2
4.2.3
Abutting Yard Requirements................................................................................2
4.2.4
Building Height Limit..............................................................................................3
4.2.5
Yard abutting Railway............................................................................................5
4.2.6
Retail Display on Public Sidewalks.....................................................................5
4.2.7
Canopy Erected Over a Public Right-of-way....................................................5
4.2.8
Outdoor Storage and Display...............................................................................6
4.3
URBAN DESIGN REQUIREMENTS ...............................................6
4.3.1
Urban Design Requirements to Apply...............................................................6
4.3.2
Building Placement.................................................................................................6
4.3.3
Building Form...........................................................................................................8
4.3.4
Facade Design...........................................................................................................9
4.3.5
Enhanced Setback.................................................................................................11
4.3.6
Exemption from Urban Design Requirements............................................. 12
4.4
CONDITIONAL USES................................................................. 12
4.4.1
Zone Requirements............................................................................................... 12
4.4.2
Adult Entertainment............................................................................................. 12
4.4.3
Automobile Repair................................................................................................13
4.4.4
Automobile Service Station...............................................................................13
4.4.5
Automobile Wash and Detailing........................................................................13
4.4.6
Automobile Sales and Rentals...........................................................................14
4.4.7
Beverage Room, Lounge and Cabaret.............................................................14
4.4.8
Emergency Shelter...............................................................................................14
4.4.9
Warehousing & Storage.......................................................................................14
4.4.10 Residential Use (up to 4 dwelling units) ........................................................14
4.4.11
Residential Conversion (up to 12 dwelling units) ........................................14
4.5
USES BY SITE PLAN APPROVAL................................................ 15
4.5.1
Uses Permitted by Site Plan Approval............................................................15
4.5.2
Site Plan Criteria....................................................................................................15
4.6
USES BY DEVELOPMENT AGREEMENT...................................... 16
4.6.1
DC Zone Uses Permitted by Development Agreement...............................16
5 | Urban Corridor (UC) Zone
5.1
PERMITTED USES...................................................................... 1
5.2
AS-OF-RIGHT DEVELOPMENT.....................................................2
5.2.1
Urban Corridor (UC) Zone Requirements ........................................................2
5.2.2
General Provisions Apply......................................................................................3
5.2.3
Building Height Limit..............................................................................................3
5.2.4
Abutting Yard Requirements................................................................................3
PART 7 | PAGE v
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5.2.5
Yard abutting Railway............................................................................................3
5.2.6
Outdoor Storage and Display...............................................................................4
5.3
URBAN DESIGN REQUIREMENTS ...............................................4
5.3.1
Urban Design Requirements to Apply...............................................................4
5.3.2
Building Placement.................................................................................................4
5.3.3
Building Form...........................................................................................................6
5.3.4
Exemption from Urban Design Requirements...............................................8
5.4
CONDITIONAL USES.................................................................. 8
5.4.1
Zone Requirements.................................................................................................8
5.4.2
Emergency Shelter.................................................................................................8
5.4.3
Residential Use (up to 4 dwelling units) ..........................................................9
5.4.4
Accommodations ....................................................................................................9
5.4.5
Lodging House.........................................................................................................9
5.4.6
Residential Conversion (up to 12 dwelling units) ........................................10
5.5
USES BY SITE PLAN APPROVAL................................................ 10
5.5.1
Uses Permitted by Site Plan Approval............................................................10
5.5.2
Site Plan Criteria....................................................................................................10
5.6
USES BY DEVELOPMENT AGREEMENT....................................... 11
5.6.1
UC Zone Uses Permitted by Development Agreement................................11
6 | Urban Growth Area (UG) Zone
6.1
PERMITTED USES...................................................................... 1
6.2
AS-OF-RIGHT DEVELOPMENT.....................................................2
6.2.1
Urban Growth Area (UG) Zone Requirements ................................................2
6.2.2
General Provisions Apply......................................................................................3
6.2.3
Abutting Yard Requirements................................................................................3
6.2.4
Building Height Limit..............................................................................................3
6.2.5
Front & Flanking Yard Setbacks .........................................................................4
6.2.6
Yard abutting Railway............................................................................................5
6.2.7
Outdoor Storage and Display...............................................................................5
6.3
CONDITIONAL USES...................................................................5
6.3.1
Zone Requirements.................................................................................................5
6.3.2
Emergency Shelter.................................................................................................5
6.3.3
Residential (up to 4 units) ...................................................................................6
6.3.4
Accommodations ....................................................................................................6
6.3.5
Automobile Service or Automobile Wash.........................................................6
6.3.6
Restaurant (up to 120 m2 (1,292 ft2)) .................................................................7
6.3.7
Lodging House.........................................................................................................7
6.4
USES BY SITE PLAN APPROVAL..................................................7
6.4.1
Uses Permitted by Site Plan Approval..............................................................7
6.4.2
Site Plan Criteria......................................................................................................8
6.5
USES BY DEVELOPMENT AGREEMENT........................................9
6.5.1
UC Zone Uses Permitted by Development Agreement.................................9
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7 | Downtown Neighbourhood (DN) Zone
7.1
PERMITTED USES...................................................................... 1
7.2
AS-OF-RIGHT DEVELOPMENT..................................................... 1
7.2.1
Downtown Neighbourhood (DN) Zone Requirements ...................................1
7.2.2
General Provisions Apply......................................................................................2
7.2.3
Parking ......................................................................................................................3
7.2.4
Retail Sales................................................................................................................3
7.2.5
Mechanical Equipment...........................................................................................3
7.2.6
Fencing.......................................................................................................................3
7.3
URBAN DESIGN REQUIREMENTS ...............................................4
7.3.1
Urban Design Requirements to Apply...............................................................4
7.3.2
Building Placement.................................................................................................4
7.3.3
Building Form...........................................................................................................6
7.3.4
Building Facade........................................................................................................6
7.3.5
Alterations.................................................................................................................8
7.3.6
Additions ...................................................................................................................8
7.3.7
Accessory Buildings..............................................................................................10
7.3.8
Architectural Elements........................................................................................10
7.4
CONDITIONAL USES................................................................. 13
7.4.1
Zone Requirements...............................................................................................13
7.4.2
Residential (up to 2 units) .................................................................................13
7.4.3
Artisan Studio (up to 100 m2 (1,076 ft2))..........................................................13
7.4.4
Food Service (up to 100 m2 (1,076 ft2)).............................................................14
7.4.5
Office and Professional Uses (up to 100 m2 (1,076 ft2))...............................14
7.4.6
Personal Services (up to 100 m2 (1,076 ft2))...................................................14
7.4.7
Accommodations ..................................................................................................14
7.4.8
Lodging House.......................................................................................................15
7.5
USES BY SITE PLAN APPROVAL................................................ 15
7.6
USES PERMITTED BY SITE PLAN APPROVAL............................. 15
7.6.1
Site Plan Criteria....................................................................................................16
8 | General Residential (GR) Zone
8.1
PERMITTED USES...................................................................... 1
8.2
AS-OF-RIGHT DEVELOPMENT..................................................... 1
8.2.1
General Residential (GR) Zone Requirements .................................................1
8.2.2
General Provisions Apply.......................................................................................1
8.2.3
Yard abutting Railway............................................................................................2
8.2.4
Parking ......................................................................................................................3
8.2.5
Front & Flanking Yard Setbacks .........................................................................3
8.2.6
Scale............................................................................................................................4
8.2.7
Corner Lot..................................................................................................................4
PART 7 | PAGE vii
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8.2.8
Mechanical Equipment...........................................................................................5
8.2.9
Fencing.......................................................................................................................5
8.2.10 Residential Conversions........................................................................................5
8.3
CONDITIONAL USES...................................................................5
8.3.1
Zone Requirements.................................................................................................5
8.3.2
Bed & Breakfast........................................................................................................5
8.3.3
Artisan Studio (up to 60 m2 (645.8 ft2))............................................................6
8.3.4
Food Service (up to 60 m2 (645.8 ft2))...............................................................6
8.3.5
Office and Professional Uses (up to 60 m2 (645.8 ft2)).................................6
8.3.6
Personal Services (up to 60 m2 (645.8 ft2)).....................................................7
8.3.7
Residential Care Facility (up to 7 beds)............................................................7
8.3.8
Residential (2 units) ..............................................................................................7
8.4
USES BY SITE PLAN APPROVAL................................................. 8
8.4.1
Uses Permitted by Site Plan Approval..............................................................8
8.4.2
Site Plan Criteria......................................................................................................8
8.5
USES BY DEVELOPMENT AGREEMENT........................................9
8.5.1
GR Zone Uses Permitted by Development Agreement.................................9
9 | Regional Service (RS) Zone
9.1
PERMITTED USES...................................................................... 1
9.2
AS-OF-RIGHT DEVELOPMENT.....................................................2
9.2.1
Regional Service (RS) Zone Requirements .....................................................2
9.2.2
General Provisions Apply......................................................................................2
9.2.3
Outdoor Storage and Display...............................................................................2
9.2.4
Relaxation of Lot Requirements.........................................................................4
9.2.5
Abutting Yard Requirements................................................................................4
9.2.6
Building Height Limit..............................................................................................5
9.2.7
Yard abutting Railway............................................................................................6
9.3
CONDITIONAL USES...................................................................7
9.3.1
Zone Requirements.................................................................................................7
9.3.2
Adult Entertainment...............................................................................................7
9.3.3
Animal Hospital or Shelters.................................................................................7
9.3.4
Beverage Room, Lounge and Cabaret...............................................................7
9.3.5
Emergency Shelter.................................................................................................8
9.3.6
Existing Residential Use........................................................................................8
9.3.7
Residential (up to 4 units) ...................................................................................8
9.4
USES BY SITE PLAN APPROVAL..................................................9
9.4.1
Uses Permitted by Site Plan Approval..............................................................9
9.4.2
Site Plan Criteria......................................................................................................9
9.5
USES BY DEVELOPMENT AGREEMENT...................................... 10
9.5.1
RS Zone Uses Permitted by Development Agreement...............................10
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10 | Business Industrial (BI) Zone
10.1
PERMITTED USES...................................................................... 1
10.2
AS-OF-RIGHT DEVELOPMENT.....................................................2
10.2.1
Business Industrial (BI) Zone Requirements ..................................................2
10.2.2 General Provisions Apply......................................................................................2
10.2.3 Yard abutting Railway............................................................................................2
10.2.4 Abutting Yard Requirements................................................................................3
10.2.5 Outdoor Storage and Display...............................................................................4
10.2.6 Building Height Limit..............................................................................................4
10.3
CONDITIONAL USES...................................................................5
10.3.1
Zone Requirements.................................................................................................5
10.3.2 Adult Entertainment...............................................................................................5
10.3.3 Dormitory..................................................................................................................5
10.3.4 Residential (up to 4 units) ...................................................................................6
10.4
USES BY SITE PLAN APPROVAL.................................................6
10.4.1 Uses Permitted by Site Plan Approval..............................................................6
10.4.2 Site Plan Criteria......................................................................................................7
11 | Future Growth Area (FG) Zone
11.1
PERMITTED USES...................................................................... 1
11.2
AS-OF-RIGHT DEVELOPMENT..................................................... 1
11.2.1
Future Growth Area (FG) Zone Requirements .................................................1
11.2.2
General Provisions Apply.......................................................................................1
11.2.3
Abutting Yard Requirements................................................................................3
11.2.4
Building Height Limit..............................................................................................3
11.2.5
Parking ......................................................................................................................3
11.2.6
Mechanical Equipment...........................................................................................3
11.2.7
Fencing.......................................................................................................................4
11.2.8 Scale............................................................................................................................4
11.2.9
Corner Lot..................................................................................................................4
11.3
CONDITIONAL USES...................................................................5
11.3.1
Zone Requirements.................................................................................................5
11.3.2
Future Growth Area (FG) Zone Conditional Uses............................................5
11.3.3
Artisan Studio (up to 100 m2 (1,076 ft2))............................................................5
11.3.4
Office and Professional Uses (up to 100 m2 (1,076 ft2)).................................8
11.3.5
Food Service (up to 100 m2 (1,076 ft2))...............................................................8
11.3.6 Bed & Breakfast........................................................................................................8
11.3.7
Personal Services (up to 100 m2 (1,076 ft2)).....................................................9
11.3.8 Residential Care Facility (up to 7 beds)............................................................9
11.3.9
Residential (1-2 units).............................................................................................9
11.3.10 Residential (3 to 5 units) ....................................................................................10
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11.4
USES BY SITE PLAN APPROVAL................................................. 11
11.4.1
Uses Exempt from Site Plan Approval ............................................................11
11.4.2
Uses Permitted by Site Plan Approval.............................................................11
11.4.3 Site Plan Criteria.....................................................................................................11
11.5
USES BY DEVELOPMENT AGREEMENT...................................... 12
11.5.1
FG Zone Uses Permitted by Development Agreement............................... 12
12 | Rural Residential (RR) Zone
12.1
PERMITTED USES...................................................................... 1
12.2
AS-OF-RIGHT DEVELOPMENT..................................................... 1
12.2.1
Rural Residential (RR) Zone Requirements .....................................................1
12.2.2 General Provisions Apply......................................................................................2
12.3
CONDITIONAL USES...................................................................3
12.3.1
Zone Requirements.................................................................................................3
12.3.2 Residential Care Facility (up to 7 beds)............................................................3
13 | Watershed Residential (WR) Zone
13.1
PERMITTED USES...................................................................... 1
13.2
AS-OF-RIGHT DEVELOPMENT..................................................... 1
13.2.1
Watershed Residential (WR) Zone Requirements ..........................................1
13.2.2 General Provisions Apply.......................................................................................1
13.2.3 Lots Fronting on Harmony Road or Camden Road........................................2
13.3
CONDITIONAL USES...................................................................3
13.3.1
Zone Requirements.................................................................................................3
13.3.2 Agricultural Uses.....................................................................................................3
13.3.3 Residential Care Facility (up to 7 beds)............................................................3
14 | Parks & Open Space Zone
14.1
PERMITTED USES...................................................................... 1
14.2
AS-OF-RIGHT DEVELOPMENT..................................................... 1
14.2.1
Parks & Open Space (PO) Zone Requirements ................................................1
14.2.2 General Provisions Apply.......................................................................................1
14.3
CONDITIONAL USES................................................................... 1
14.3.1
Zone Requirements..................................................................................................1
14.3.2 Food Service (up to 100 m2 (1,076 ft2))...............................................................2
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15 | Commercial Recreation Zone
15.1
PERMITTED USES...................................................................... 1
15.2
AS-OF-RIGHT DEVELOPMENT..................................................... 1
15.2.1
Commercial Recreation (CR) Zone Requirements .........................................1
15.2.2 General Provisions Apply.......................................................................................1
15.2.3 Abutting Yard Requirements................................................................................3
15.2.4 Yard abutting Railway............................................................................................3
15.3
CONDITIONAL USES...................................................................3
15.3.1
Zone Requirements.................................................................................................3
15.3.2 Microbrewery and Microdistillery.......................................................................3
15.3.3 Restaurant (up to 120 m2 (1,292 ft2)) .................................................................3
15.3.4 Retail Store ...............................................................................................................4
15.4
USES BY SITE PLAN APPROVAL..................................................4
15.5
USES PERMITTED BY SITE PLAN APPROVAL...............................4
15.5.1
Site Plan Criteria......................................................................................................4
16 | Environmental Reserve Zone
16.1
PERMITTED USES...................................................................... 1
16.2
AS-OF-RIGHT DEVELOPMENT..................................................... 1
16.2.1
Environmental Reserve (ER) Zone Requirements ..........................................1
16.2.2 General Provisions Apply.......................................................................................1
16.2.3 Permanent Structures............................................................................................1
16.2.4 Development Permitted.........................................................................................1
16.3
CONDITIONAL USES...................................................................3
16.3.1
Zone Requirements.................................................................................................3
16.3.2 Parks and Playgrounds..........................................................................................3
16.3.3 Recreation Facility, Outdoor ...............................................................................3
17 | Flood Plain Zone
17.1
PERMITTED USES...................................................................... 1
17.2
AS-OF-RIGHT DEVELOPMENT..................................................... 1
17.2.1
Flood Plain (FP) Zone Requirements .................................................................1
17.2.2 General Provisions Apply.......................................................................................1
17.2.3 Permitted Structures..............................................................................................1
17.2.4 Alteration of Topography......................................................................................3
17.2.5 Infilling.......................................................................................................................3
PART 7 | PAGE xi
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18 | 1:20 Flood Way Overlay
18.1
LAND USE REGULATIONS........................................................... 1
18.1.1
Permitted Uses..........................................................................................................1
18.1.2
Zone Requirements..................................................................................................1
18.2
FLOOD-PROOFING & ALTERING TOPOGRAPHY............................ 1
18.2.1
Alteration of Topography .....................................................................................1
18.2.2 Additional Fill..........................................................................................................2
18.2.3 More than One Property........................................................................................3
18.2.4 Flood Proofing.........................................................................................................3
18.2.5 Permit Requirements.............................................................................................3
18.2.6 Permits.......................................................................................................................4
18.2.7 Erosion and Sedimentation..................................................................................4
19 | 1:100 Floodway Fringe Overlay
19.1
LAND USE REGULATIONS........................................................... 1
19.1.1
Permitted Uses..........................................................................................................1
19.1.2
Zone Requirements..................................................................................................1
19.2
FLOOD-PROOFING & ALTERING TOPOGRAPHY............................ 1
19.2.1
Alteration of Topography .....................................................................................1
19.2.2 Additional Fill............................................................................................................2
19.2.3 More than One Property........................................................................................3
19.2.4 Flood Proofing.........................................................................................................3
19.2.5 Permit Requirements.............................................................................................4
19.2.6 Permits.......................................................................................................................5
19.2.7 Erosion and Sedimentation..................................................................................5
PAGE xii | PART 7
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1 | Definitions
Accessory Dwelling means a subordinate building designated for occupation as a
dwelling unit.
Accessory Dwelling, Attached means an accessory building sharing one or more
common or adjoined walls with the main building.
Accessory Dwelling, Detached means an accessory dwelling which is not attached
to the main building.
Accessory Structure means a structure other than a building which is located on the
same lot as a principal use or main building, and of a nature customarily and clearly
secondary and incidental to the main building or principal use.
Accessory Use means the use or uses which take place on the same site as the
principal use, and of a nature customarily and clearly secondary and incidental to the
principal use.
A
Abutting Yard means the premise of a lot abutting the subject property, excluding
the primary structure
Accent Gable means a gable that is intended to highlight an architectural element of
a building such as, but not limited to, an entrance, window, bay, projection, or balcony
(see figure).
Accent Gable
Accessory Building means a building
which is located on the same lot as a
principal use or main building, and of a
nature customarily and clearly secondary
and incidental to the main building or
principal use.
Accessory Building, Attached means
an accessory building sharing one or
more common or adjoined walls with the
main building.
Accessory Building, Detached means
an accessory building which is not
attached to the main building.
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Accommodations means a building or part thereof, where overnight lodgings are
provided for the travelling public for financial remuneration and may include meeting
rooms, restaurants, and entertainment facilities.
Adult Entertainment Use means any establishment that offers services or
entertainment to the public intended to deliver sexual stimulation or gratification, or
is reasonably intended to appeal primarily to erotic appetites. It includes, but is not
limited to, entertainment characterized by the display of the nude or semi-nude human
body in a manner or context apparently designed to exploit the sexual aspects of the
human body and its constituent anatomy. Such entertainment is commonly promoted
using adjectives or terms such as "nude", "topless", "adult", "sexy", "exotic", and so
on. It also includes, but is not limited to, "massage parlours". Adult entertainment use
excludes standalone retail stores selling adult material, including video stores which
predominantly feature for sale adult movie titles, adult book stores, and stores that
predominantly feature for sale goods and supplies that purport to aid or enhance the
sexual experience.
Agricultural Use means a lot and/or building or part thereof used for growing crops,
raising animals, harvesting timber, and other animals from a farm, ranch, or their natural
habitats. They may be described as farms, ranches, dairies, greenhouses, nurseries,
orchards, or hatcheries. This use includes crop production, support functions for
agriculture, animal production including laugher, agriculture administrative offices.
Alter or an Alteration means to change the structural component of a building or to
increase the volume of a building or structure.
Amenity Space means the area situated within the boundaries of a development
site intended and capable of being used for recreational purposes, and may include
landscaped areas, patios, private amenity areas, verandahs, balconies, communal
lounges, swimming pools, play areas and similar uses, but does not include any area
occupied at grade by a building's service area, parking lots, aisles or access driveways.
Amusement Parks means development, primarily outdoors, that may include
structures and buildings, where there are various devices for entertainment including
rides, booths for the conduct of games or sale of items, buildings for shows and
entertainment and restaurants and souvenir sales.
Animal Hospital means development providing surgical or medical treatment or
examination of domestic pets entirely within a building and may include:
a) the premises where animals, birds or fish are treated or kept;
b) a building or part of a building used as the premises of a Veterinary Surgeon
where domestic animals, birds or fish are treated but shall not include an animal
shelter or kennel;
c) a facility in which the practice conducted includes the confinement as well as the
treatment of patients;
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d) 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;
e) a building where one or more licensed veterinarians and any associated staff
provide medical, surgical, grooming, boarding or similar services solely for
household pets;
f)
a place where animals or pets are given medical or surgical treatment, which
may include short-term boarding of animals incidental to such hospital use; and
g) 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.
Animal Shelter means an establishment engaged in the care of lost, abandoned or
neglected animals.
Animal and Pet Services means a building or part thereof retailing pets and other
animals (except for farming purposes) and pet supplies, as well as providing animal
services, such as grooming and care taking.
Apartment means a dwelling unit which typically has a common entrance and the
occupants of which have the right to use in common certain areas of the building and
its property such as common halls, stairs, yards or one or more of them.
Architectural Style means the classification of built form based on height, materials,
and morphology.
Artisan Studio means a building or part thereof used as a workroom for the study,
execution or instruction of any fine or commercial art or craft, including but not
limited to, dance, photography, woodworking, music, visual arts, and commercial
design. Retail sale of products are limited to items designed and produced on site.
Automobile Detailing means a building or part thereof used for a thorough cleaning,
restoration, and finishing of a motor vehicle, to produce a show-quality cleanliness
and polish
Automobile Sales and Rentals means a lot and/or building or part thereof for the
retail use or rental of new or used automobiles, motorcycles, commercial vehicles,
motorcycles, watercraft, off-road vehicles and recreational vehicles, together with
incidental maintenance services and sale of parts. This Use Class includes automobile
dealerships, car rental agencies and motorcycle dealerships.
Automobile Repair means a lot and/or building or part thereof used for servicing and
mechanical repair of automobile, motorcycles, snowmobiles and similar vehicles or
the sale, installation or servicing of related accessories and parts. This use includes
oil change and lubrication shops, muffler shops, tire repair shops, transmission shops,
rustproofing/undercoating, paint shops and auto body repair.
PAGE 4 | CHAPTER 1 | PART 7
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Automobile Service Station means a building or part thereof containing facilities
for refuelling or recharging automobiles and offering fuel and engine lubricants for
sale. Automobile Service Station does not include the repair, washing, or detailing of
automobiles.
Automobile Wash means a building or part thereof containing facilities for washing
motor vehicles by production line methods which may include a conveyor system or
similar mechanical devices. This definition may also include an enclosed structure
featuring vehicle bays offering self-service car wash.
Automobile Wash, Mobile means a lot or part thereof used for washing motor
vehicles by using a portable or mobile washer or any operation where the washing of
automobiles is not conducted within a building.
B
Bank and Financial Institution means the premises of a bank, trust company, finance
company, mortgage company, or investment company.
Basic Building Form means the placement and coordination of a structure's parts
and structural features.
Bed and Breakfast means a building or part thereof in which the owner resides
and provides common living rooms and not more than four sleeping rooms for
the travelling and vacationing public, and where breakfast is served only to those
who rent the sleeping rooms. The establishment must be licensed by the Tourist
Accommodation Act and regulations thereto. Bed and Breakfast shall not include
lodging house, boarding house, community home or supervisory care
Bedroom means a room or space in a dwelling laid out for the sleeping activities of
one or two individuals.
Berm means an area of land which has
been raised to help screen a use or
activity from abutting uses or activities
(see figure).
Beverage Room, Cabaret, and Lounge
Beverage Room means a building or part
thereof that operates a pub style facility
in Nova Scotia serving beer and wine
only (no hard liquor).
Cabaret means a building or part thereof
that sells liquor by the glass and beer
and wine by the glass, open bottle or
other container while featuring high-
quality live entertainment.
Berm
Berm
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Lounge means a building or part thereof that sells liquor by the glass and beer and
wine by the open bottle, glass or other container and;
a) has an eating establishment license; and
b) the area of the licensed premises in which liquor can be served to and consumed
has an area covered by the eating establishment license must make up at least
25% of the commercial floor area.
Block means a contiguous group of properties that share frontage on the same
section of street that begins and ends with an intersection or the street's terminus
(see figure).
Build-to-Plane means the vertical plane
that extends upward two storeys from
a line drawn parallel to the street at
the established front yard setback, or
extending to both the front and flanking
yard setbacks if on a corner lot (see
figure).
Business Premise means that part of
a building owned, leased or rented by a
person or persons for the conducting of
a business.
Breweries means the manufacturing
of beer, wine, spirits or other alcoholic
beverages. This Use may include the
sale of alcoholic beverages to the public
for consumption within the premises.
Retail sales of alcoholic beverages for
consumption shall be limited to alcoholic
beverages that are manufactured on-
Site. Accessory activities may include
the preparation and sale of food, and
storage, packaging, bottling, canning
and shipping of products manufactured
within the premises.
Building means any structure, whether temporary or permanent, used or built for the
shelter, accommodation or enclosure of persons, animals, material or chattels, and
includes any awning, bin, bunker or platform, vessel or vehicle used for any of the
said purposes.
Building Area means the maximum horizontal area of a building at grade.
Build-to-Plane
Build-to-Plane
Block
Block
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C
Café means a building or part thereof primarily serving coffee or tea and may also
serve light meals such as sandwiches.
Campground means an area of land, managed as a unit, providing short term
accommodation for tents, tent trailers, travel trailers, recreational vehicles and
campers, but not including the use of mobile homes or trailers on a permanent year-
round basis.
Carport means a building or structure which is without walls on at least two sides
and is used for the parking or storage of a motor vehicle. A carport is not a parking
lot, nor a parking structure.
Cemetery means an area of land that is used as a place for the interment of the dead
or in which human bodies have been buried. "Cemetery" may include a structure for
the purpose of the cremation of human remains and may include facilities for storing
ashes of human remains that have been cremated or the interment of the dead in
sealed crypts or compartments.
Club means an association or organization dedicated to a particular interest or
activity. Includes service clubs, fraternal organizations, and private clubs.
Commercial Salvage means a place where motor vehicles and parts are wrecked,
disassembled, repaired and resold, a place where second-hand goods, including
waste paper, bottles, automobile tires, clothing, other scrap materials and salvage are
collected to be sorted and a place where used lumber and used building materials are
stored for sale or resale.
Commercial Motor Vehicle means a motor vehicle that is truck or delivery vehicle,
and includes heavy vehicles which have six or more wheels on two or more axles.
Commercial Floor Area, see "Floor Area".
Community Gardens means a land used by the municipality or a non-profit
organization to grow vegetables, flowers, or other plants for the personal use of
those using the garden or for donation to a non-profit organization as a recreation
or community development activity. The garden may be divided into plots that are
assigned to individuals or families; however, the non-profit organization retains
responsibility for the management and operation of the garden.
Community Institution means a building or part thereof provided by the municipality
or by any other group or organization without profit or gain for such special purposes
as community meeting rooms, a community center, a drop-in center, an archaeological
or fine arts museum, a public library etc. but does not include school facilities, public
or private parks, playgrounds, arenas, stadiums, swimming pools, skating rinks, or
commercial-recreational establishments.
PART 7 | CHAPTER 1 | PAGE 7
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Convenience Stores means a building or part thereof 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 good 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.
Council means the Town Council of the Town of Truro.
Correctional Facility means a land
and/or building or part thereof used
for the confinement or safe custody of
persons so confined as the result of legal
process and includes attendance centres
established for persons sentenced to
serve periods of community service.
Cross Gable means a gable on a dormer
which is perpendicular to the roof's
direction (see figure).
D
Day Care Centre means a building or part thereof where four or more individuals are
cared for on a temporary daily basis without overnight accommodation but does not
include a school and includes an adult day care centre.
Daylighting Triangle means that area
of a corner lot which is enclosed by a
triangle, the three corners of which are
determined as follows (see figure):
a) the point of intersection of the front
and flanking lot lines (point "A");
b) a point on the flanking lot line (point
"B") a distance of 6.0 m (20 ft) from
point A; and
c) a point of the front lot line (point
"C") a distance of 6.0 m (20 ft) from
point A.
6.0 m
6.0 m
6.0 m
6.0 m
A
B
C
Daylighting
Triangle
Front Lot Line
Flanking Lot Line
Daylighting Triangle
Cross Gable
Cross Gable
PAGE 8 | CHAPTER 1 | PART 7
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Designated Flood Plain means the area of land adjacent to the Salmon River,
North River and their tributaries that is inundated with flood waters at a statistical
frequency of 1:100 years and 1:20 years as identified under the Canada - Nova Scotia
Flood Damage Reduction Program and associated Flood Risk Mapping.
Design Elements means the placement of structures or objects which affect
aesthetics and functionality of the premise.
Development includes any erection, construction, addition, alteration, replacement
or relocation of to any building or structure and any change or alteration in the use
made of land, building or structures and shall include any topographical alterations
for the purposes of flood plain management. In the Downtown Residential (R3) Zone,
'Development' shall include non-structural alterations to the exterior of a main
building such as window or siding replacement.
Development Agreement means an agreement made pursuant to the provisions of
the Municipal Government Act.
Dormer means a protruding structure
built out of a sloped roof (see figure).
Dormer, Hip Roof means a dormer
having a hip roof;
Dormer, Gable means a dormer having
a gable roof;
Dormer, Shed means a dormer having a
roof with a single slope;
Dormitory means a building or part thereof operated by an educational, governmental,
or industrial use and containing a room or rooms forming one or more habitable units
which are used or intended to be used by residents, employees, or students of the
institution or facility for living and sleeping. A dormitory unit may contain communal
dining facilities but shall exclude the preparation of meals within the sleeping units
which are provided.
Dwelling, Converted means a building originally built and designed as a single
detached dwelling unit that has been converted into two or more dwelling units or a
non residential use.
Dwelling, Multiple Unit means a building
consisting of three or more residential
dwelling units within a single structure
but does not include a townhouse
dwelling (see figure).
Multiple Unit Dwelling
Dormer
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Dwelling, Semi-Detached means a building that is divided vertically into two dwelling
units, each of which has its own dedicated exterior entrance oriented towards the
street, and each of which is designed to, if subdivided, exist as one independently
owned dwelling unit on its own lot (see figure).
Dwelling, Single Detached means a completely detached dwelling unit (see figure).
Dwelling, Townhouse means a building that is divided vertically into three or more
dwelling units, each of which has its own dedicated exterior entrance oriented towards
the street, and each of which is designed to, if subdivided, exist as one independently
owned dwelling unit on its own lot (see figure).
Dwelling, Freehold Townhouse means a dwelling unit in a townhouse style structure
where each unit sits on its own individual lot and can be owned, serviced, and
accessed independently of the other units within the same townhouse structure.
Dwelling, Two-Unit means a building that is divided into two units but does not
include a semi-detached dwelling and does not include a building where one of the
dwelling units is clearly the primary use and the other a secondary or accessory
dwelling unit (see figure).
Townhouse
Freehold Townhouse
Two Unit Dwelling
Two Unit Dwelling
Single Detached Dwelling
Semi-Detached Dwelling
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Dwelling Unit means one or more
habitable rooms with a private entrance,
designed or intended for use by one or
more individuals as an independent and
separate housekeeping establishment in
which separate kitchen, sanitary facilities
and sleeping area(s) are provided for the
exclusive use of such individuals.
Dwelling Unit, Accessory means a
secondary,
independent
residential
dwelling unit located on the same lot
as, or sharing a struture with, a single
detached dwelling which is the primary
use of the property (see figure).
E
Educational Use means a building or part thereof is used to provide instruction and
training. Typical uses include, but are not limited to nursery and preschool, grade
schools, colleges and universities, driving education, commercial school, technical,
trade, and other specialty school.
Elevation (with reference to a building) means the vertical area of a building from
grade level to the roof's highest extending feature.
Emergency Services means a building or part thereof primarily engaged in the
protection of persons and property from injury, harm or damage which may include
incidental storage of emergency equipment and vehicles. Typical uses include, but are
not limited to, police stations, fire stations, or ambulance depots.
Emergency Shelter means a building or part thereof used by a non-profit, charitable,
government or religious organization to provide boarding and/or lodging and ancillary
services to primarily indigent, homeless, transient persons or other persons requiring
emergency shelter.
Engineer, Professional means a registered member, in good standing, of the
Association of Professional Engineers of Nova Scotia.
Erect (with reference to a building or structure) means, build, construct or reconstruct
and shall include:
a) the moving of a structure from one location to another; and/or
b) any physical operation, such as excavating, filling or draining, preparatory to
building, construction or reconstruction and "erected" shall have a correspond
ing meaning.
Accessory Dwelling Unit (attached)
Accessory Dwelling Unit (detached)
Accessory Dwelling Unit (attached)
Accessory Dwelling Unit (detached)
Accessory Dwelling Units
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Established Grade means the average of
the highest (A) and lowest (B) elevation
of finished surface of the ground where
it meets the exterior main walls of a
building or the average elevation of the
finished grade of the ground immediately
surrounding a structure, exclusive in
both cases of any artificial embankment
or entrenchment (see figure).
Existing means legally existing on the
effective date of this By-law.
F
Farmers Market, Flea Market, Antique Market means an occasional or periodic
market held in an open area, building or portion thereof where groups of individuals
offer goods and services for sale to the public. The activities permitted are the retail
sale of food, clothing, arts & crafts, second hand items, plants and products of a
similar nature.
Fence means any barrier of posts, wood, metal, wire, brick, stone, or other similar
materials or combinations of such materials, which is constructed for the purpose of
delineating, screening, safeguarding or enclosing.
Fenestration refers to the form and placement of windows.
Flanking Elevation means the facade of a building facing the flanking lot line on a
corner lot.
Floodproofing means a measure or combination of structural and non-structural
measures incorporated into the design of a structure which 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.
Floodway means the inner portion of a flood risk area where the risk of flooding is
greatest and where flood depths and velocities are greatest. In the floodway there is
a five percent probability of a flood occuring in any given year.
Floodway Fringe means the outer portion of a flood risk area where there is a
moderate risk of flooding. In the floodway fringe there is a one percent probability of
a flood occurring in any given year.
Floor Area (in relation to a building) means the total area of all floor space contained
within the exterior walls of a building.
Floor Area (in relation to a use) means the extent of floor space occupied by a use.
A
B
Established Grade
Finished Grade
Building
Established Grade
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Floor Area, Commercial means the total usable floor area within a building used for
business or commercial purposes but excludes washrooms, furnace and utility rooms
and common halls or malls between individual establishments.
Floor Area, Ground means the combined area of all horizontal space contained
within the exterior face of the exterior walls of the storey closest to grade level.
Food Service means establishments primarily engaged in preparing meals, baked
goods, snacks, and beverages for consumption off the premises but does not include
a restaurant, café, take-out restaurant, or any retail sale on the premises.
Full Cut-off Fixture
Full Cut-off Fixture means a lighting
fixture that allows no emission of light
above the fixture's horizontal plane (see
figure).
Funeral Home means development
primarily engaged in preparing the
dead for burial or interment, conducting
funerals, operating sites or structures
reserved for the interment of human or
pet remains.
G
Gable means the triangular section of a wall at the end of a pitched roof formed
between the eaves.
Golf Course means a land used for the purpose of playing golf and may include an
accessory office, retail pro shop, restaurant, banquets facilities, lounge, golf driving
range, caretaker's dwelling unit, and golf academy.
Governmental Use means development providing municipal, provincial or federal
government services directly to the public. Typical uses include, but are not limited
to, taxation offices, courthouses, post office, employment offices, and social service
offices. This use does not include emergency service facilities, detention and
correction services, utility services, and education services.
Grade Level means the site elevation prior to any development.
Greenhouses, Nursery and Floriculture means development used for propagation,
storage and sale of plants, and for the sale of products used for landscaping purposes
PART 7 | CHAPTER 1 | PAGE 13
Definitions
TOWN OF TRURO COMMUNITY PLAN
LAND USE BY-LAW
DC
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Con
Def
Gen
Adm
H
Health Care Clinic means a building or part thereof where three or more members
of the medical profession, dentists, chiropractors, osteopaths, and physicians or
occupational therapists provide diagnosis and treatment to the general public and
may include overnight accommodations for up to 4 patients, and shall include such
uses as reception areas, offices, coffee shop, consultation rooms, x-ray and minor
operating rooms and a dispensary, providing that all such uses have access only from
the interior of the building or structure.
Heavy Vehicle means any vehicle with six or more wheels on two or more axles.
Height, Building means the vertical distance from the established grade level (D) to:
halfway between the roof peak and the eaves in the case of a gable, gambrel, shed, or
hip roof (A), the ridge line in a mansard roof (B), or the highest point of the roof joists
in the case of a flat roof (C) (see figure).
Hip Roof
Gable Roof
Gambrel Roof
Mansard Roof
Flat Roof
Shed Roof
A
A
A
B
C
A
D
D
D
D
D
D
Building Height
Heritage Structure means a structure situated on a property registered either
municipally with the Heritage Advisory Committee or provincially through the
Heritage Property Program created through the Heritage Property Act. R.S., c. 199, s. 1.
Hip Dormer, see "dormer".
Home Day Care means a dwelling where eight or fewer people are cared for on a daily
basis without overnight accommodation.
PAGE 14 | CHAPTER 1 | PART 7
TOWN OF TRURO COMMUNITY PLAN
Definitions
LAND USE BY-LAW
DC
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FP
FW
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RS
Con
Def
Gen
Adm
Hospital means development providing primary health services and medical or
surgical care to persons, primarily in-patients, suffering from illness, disease, injury,
deformity, and other abnormal physical or mental conditions and including as an
integral part of the institution related facilities, such as laboratories, outpatient
facilities, training facilities, medical offices, and staff residences.
Housekeeping Unit means one or more rooms which contain independent cooking,
sanitary and sleeping facilities.
I
Impermeable Surface means any surface that allows less than 70% of precipitation
to penetrate into the ground. Impermeable surfaces include, but may not be limited
to: roofs, asphalt pavement, concrete pavement, and compacted gravels.
Industrial Equipment Sales and Services means development used for the sale
or rental of heavy vehicles, machinery or mechanical equipment typically used
in building, roadway, pipeline, oilfield and mining construction, manufacturing,
assembling and processing operations and agricultural production.
Industrial use means the use of land, building or structures for the manufacturing,
processing, fabricating or assembly of raw materials or goods, warehousing or bulk
storage of goods and related accessory uses and shall include the use of land, or
building, or structure for one or more of the following operations:
a) the carrying on of any process of manufacture whether or not a finished article
results therefrom;
b) the dismantling and separating into parts of any article, machinery, or vehicle;
c) the breaking up of any articles, goods, machinery, or vehicles;
d) the treatment of waste materials;
e) the processing of sand, gravel, clay, turf, soil, rock, stone, or similar substances,
but not the extraction thereof;
f)
the repairing and servicing of all vehicles, machinery and buildings;
g) the storage of goods in connection with or resulting from any of the above oper
ations;
h) the provision of amenities for persons engaged in such operations;
i)
the sale of goods resulting from such operations; and
j)
any work of administration or accounting in connection with the undertaking.
Infilling means material or the act of depositing material from an outside area into
the 1:20 year and/or 1:100 year flood plain as identified under this by-law.
K
Kennel means a land and/or building or part thereof where animals, birds or livestock
used as domestic household pets are bred, raised, kept or boarded for profit or gain.
PART 7 | CHAPTER 1 | PAGE 15
Definitions
TOWN OF TRURO COMMUNITY PLAN
LAND USE BY-LAW
DC
UC
UG
DN
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BI
FG
RR
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FP
FW
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RS
Con
Def
Gen
Adm
L
Landscaping means the design and placement of landscape elements such as trees,
shrubs, grass, rocks and other organic and inorganic elements of the landscape.
Landscaping Plan means a detailed site plan that graphically depicts landscape
elements and includes details such as ground cover, materials, plant species, trees,
lighting, walkways, structures, natural features, and other elements that define a
landscape.
Loading Space means an off-street space or berth on the same lot with a building or
contiguous to a group of buildings, for the temporary parking of a commercial vehicle
while loading or unloading merchandise or materials and which is connected to a
public street by an appropriate access.
Lodging House means a building in which the owner resides and contains no more
than 6 lodging units, with or without meals, and where there is no provision of on-site
care, treatment or professional services of a physical or mental health nature.
Lodging Unit means a room in a Lodging House used to providing living accommodation
for the occupant but does not include an independent kitchen and washroom and does
not constitute a self-contained housekeeping unit.
Lot means any parcel of land described in a deed or as shown on a registered plan of
subdivision.
Lot Area means the total area within the lot lines of a lot, excluding any areas covered
by waterbodies, wetlands, or watercourses, or slopes of 22 degrees or more from
horizontal, provided that only the lot area lying within the zone in which a proposed
use is permitted may be used in calculating the minimum lot area under the provisions
of this by-law for such permitted use.
Lot Coverage means that percentage of
the lot area covered by the building area
but excluding that portion of any building
that is constructed entirely below grade
and underground.
Lot, Corner means a lot situated at the
intersection of and abutting upon two or
more streets (see figure).
Lot, Interior means a lot which has
frontage on one street and is bounded on
all other sides by other lots (see figure).
Lot, Through means a lot which has
frontage on more than one street but the
frontage is not contiguous (see figure).
Through Lot
Corner Lots
Through Lot
Corner Lots
Interior Lots
Lot Types
PAGE 16 | CHAPTER 1 | PART 7
TOWN OF TRURO COMMUNITY PLAN
Definitions
LAND USE BY-LAW
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Con
Def
Gen
Adm
Lot, Established Centreline means a
line which divides a lot into two parts
by either of the following methods (see
figure):
a) joining the mid points of the front
lot line and rear lot line with a direct
and straight line; or
b) joining the mid point of the rear lot
line (B) and the apex of a triangle
formed by extending the side lot
lines to their point of convergence
(A), with a direct and straight line
(Line AB); and may be referred to as
"the established centerline" .
B
A
Front Setback
Requirement
C
SIDE LOT LINE
SIDE LOT LINE
REAR LOT LINE
Lot Frontage
Lot Lines
Lot Lines
Lot Frontage means a contiguous distance between side lot lines measured along a
line perpendicular to the established centerline at the required setback from the front
lot line (C) (see figure).
Lot Line means any boundary of a lot.
Lot Line, Flanking means a side lot line which abuts the street on a corner lot (see
figure).
Lot Line, Front means the line dividing the lot from the street; in the case of a corner
lot, the shorter boundary line abutting the street shall be deemed the front lot line
and the longer boundary line abutting the street shall be deemed the side lot line. In
the case of a through lot, either boundary dividing the lot from a street may be the
front lot line (see figure).
Lot Line, Rear means the lot line
opposite the front lot line (see figure).
Lot Line, Side means a lot line other
than a front or rear lot line (see figure).
M
Machinery
and
Equipment
Sales
and Service means an establishment
primarily engaged in the wholesaling
and service of farm, landscaping,
construction, forestry, mining, and
industrial machinery and equipment and
supplies.
PART 7 | CHAPTER 1 | PAGE 17
Definitions
TOWN OF TRURO COMMUNITY PLAN
LAND USE BY-LAW
DC
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UG
DN
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FG
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FP
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Con
Def
Gen
Adm
Main Building means the building in which is carried on the principal purpose for
which the building lot is used.
Main Wall means the exterior front, side, or rear wall of a building and all structural
members essential to the support of a building or structure.
Manufacturing, Processing, and Assembly means an establishment primarily
engaged in the chemical, mechanical or physical transformation of materials or
substances into new products. These products may be finished, in the sense that
they are ready to be used or consumed, or semi-finished, in the sense of becoming
a raw material for an establishment to use in further manufacturing. Related
activities, such as the assembly of the component parts of manufactured goods; the
blending of materials; and the finishing of manufactured products by dyeing, heat-
treating, plating and similar operations are also treated as manufacturing activities.
Manufacturing, processing, and assembly establishments may be known by a variety
of trade designations, such as plants, factories or mills.
Microbrewery and Microdistillery means development that manufactures beer,
wine or spirits, or combination thereof, in the following quantities per calendar year:
a) no more than 15,000 hectolitres of beer;
b) no more than 75,000 litres of spirits.
Minimum Opening Elevation means the minimum elevation above the 1:100 flood
plain for a structural opening's placement such as a window or door, measured from
the opening's base.
Minimum Yard, see"yard".
Mini-home means a transportable, single or multiple section dwelling unit certified
by Canadian Standards Association prior to placement on the site as complying with
CAN/CSA-Z240 Series "Mobile Homes" at the time of manufacture.
Mobile Car Wash means an unenclosed car wash that is operated either entirely or
partially from a mobile facility.
Motor Vehicle means any motor vehicle, which is or may be registered by the
Registrar of Motor Vehicles of the Province of Nova Scotia.
Municipal Government Act means the provincial legislation which enables
municipalities to plan and run their corporate affairs.
PAGE 18 | CHAPTER 1 | PART 7
TOWN OF TRURO COMMUNITY PLAN
Definitions
LAND USE BY-LAW
DC
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N
Neighbourhood Clinic means a building or part thereof used in the professional
practice of not more than two health practitioners for the purpose of consultation,
diagnosis or treatment but shall not include a dispensary service, a pharmacy or
laboratory accessory to the clinic.
Non-Conforming Use means any use of land or building or structure constructed, or
being constructed, on or before the effective date of this By-law which has a prohibited
use when subjected to this By-law.
O
Obnoxious Use shall mean a use which creates by its nature or operation a nuisance
or is offensive by the creation of noise or vibration, or by reason of the emission of
gas, fumes, dust, oil or objectionable odour, or by reason of the unsightly storage of
goods, wares, merchandise, salvage, refuse matter, waste or other material.
Office means a room designed, furnished or used for the purpose of regularly
transacting business, a service performed or consultation given but shall not include
a manufacturing of any product or the retail selling of goods.
Office and Professional Use means a building or part thereof primarily used for the
provision of professional services. Typical uses include, but are not limited to, offices
of lawyers, accountants, financial advisers, health care professionals, engineers,
architects, photographers and veterinaries.
Original Structure means a structure or portion of a structure that was in existence
at the time it was first occupied for its intended purpose. Additions that are consistent
with the original structure in terms of architectural style, materials, and construction
may be considered part of the 'original structure' provided they are in existence on
the effective date of this By-law.
Outdoor Display means the display of retail goods or materials intended for the
immediate sale to the general public which are not enclosed within a structure.
Outdoor Storage means the storage of goods or materials not intended for immediate
sale to the general public which are not enclosed within a structure.
Outdoor Woodburning Furnace means an accessory building or structure which
operates as a heat source for associated main buildings.
P
Parking Lot means an unenclosed, off-street area used for parking of motor vehicles.
PART 7 | CHAPTER 1 | PAGE 19
Definitions
TOWN OF TRURO COMMUNITY PLAN
LAND USE BY-LAW
DC
UC
UG
DN
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FG
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Con
Def
Gen
Adm
Parking structure means an enclosed or partially enclosed, possibly multi-storey
building, or space in a building used for the storage of automobiles and may include
a parking structure operated as a commercial for-profit venture.
Personal Services means a building or part thereof in which persons are employed
in furnishing services and otherwise administering to the individual and personal
needs of persons and includes uses such as barber shops, saunas, tanning beds, day
spas, beauty salon, esthetician, registered massage therapists, foot care, shoe repair,
tailoring and dress-making.
Pet means a domesticated small animal, including but not limited to dogs, cats,
potbellied pigs, that is kept for personal use only.
Pitch means the slope of a roof.
Porch means an exterior addition to a building, which forms a covered approach or
entrance to a building.
Premise means a lot of land and all of that which is upon the land including buildings
and the contents thereof.
Private Entrance means an entrance to a dwelling unit that does not rely upon an
enclosed or partially enclosed common corridor or foyer to provide access between
the dwelling unit and the outdoors.
R
Rear Yard, see"yard"
Recreation Facility, Outdoor means an outdoor facility operated as a service for,
and available to, the general public for sports and active recreation. Typical uses
include, but are not limited to: trails, dog parks, playgrounds, unenclosed ice surfaces
or rinks, athletic fields, outdoor basketball courts, outdoor swimming pools, and
bowling greens. This use does not include golf recreation facilities, sport stadiums,
arenas, or a commercial recreation facility.
Recreation Facility, Indoor means an enclosed facility operated as a service for,
and available to, the general public for sports and active recreation. Typical uses
include, but are not limited to: gymnasiums, indoor soccer pitch, indoor rock climbing
facilities, swimming pools, indoor tennis courts, and racquet clubs. This use does not
include a commercial recreation facility.
Recreation Facility, Commercial means a recreation facility operated primarily
for profit that offers exercise and other active physical fitness conditioning, or
recreational sports activities. Typical uses include, but are not limited to: athletic
clubs, physical fitness facilities, gymnasiums, physical fitness centres or studios,
bowling, billiards, ranges, and racquet clubs.
PAGE 20 | CHAPTER 1 | PART 7
TOWN OF TRURO COMMUNITY PLAN
Definitions
LAND USE BY-LAW
DC
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FP
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Con
Def
Gen
Adm
Recycling and Material Recovery means a collection facility and distribution point in
which used material is separated and processed prior to shipment to others who will
use those materials to manufacture new products, but does not include processing
except assembling or packaging for shipping.
Registered Heritage Property means a property registered either municipally
with the Heritage Advisory Committee or provincially through the Heritage Property
Program created through the Heritage Property Act. R.S., c. 199, s. 1.
Religious Institution means a land and/or building or part thereof used for worship
and related religious, philanthropic or social activities and may include accessory
rectories, meeting rooms, food preparation and service facilities, classrooms,
dormitories and other buildings. Typical use include churches, chapels, mosques,
temples, synagogues, parish halls, convents and monasteries. This use does not
include private education services, public education services, and commercial school,
even as accessory uses.
Repair Shop means a building or part thereof used for servicing, repairing and
installing household articles, including but without limiting the generality of the
foregoing, the following: radio or television service, locksmith shops, small appliance
or tool service but shall not include repair services for small engines, motor vehicles,
and industrial or manufacturing equipment.
Required Yard, see"yard"
Residential Care Facilities means an establishment primarily engaged in providing
in-patient nursing and rehabilitative services, or providing room and board in
conjunction with supervision or protective supervision and may include counselling,
rehabilitation and support services.
Restaurant means an establishment where food and drink is prepared, served and
consumed either on premises or as take-out.
Retail Complex means a collection of independent retail stores, services, and offices
housed in a building or buildings usually constructed and maintained by a single
management unit and usually features common services, parking, internal vehicle
circulation, and access roads.
Retail Store means a building or part thereof where goods, wares, merchandise,
substances, articles or things are offered or kept for sale or rental, including storage
of limited quantities of such goods, wares, merchandise, substances, articles or things,
sufficient only to service such store.
Roof Line means the profile, form and height of a roof.
PART 7 | CHAPTER 1 | PAGE 21
Definitions
TOWN OF TRURO COMMUNITY PLAN
LAND USE BY-LAW
DC
UC
UG
DN
GR
BI
FG
RR
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PO
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FP
FW
FF
RS
Con
Def
Gen
Adm
S
Setback means the distance between any lot line and the nearest main wall of any
building or structure and extending the full width or length of the lot (see figure).
Setback, Established Front Yard means the average front yard setbacks of
properties within 30 m (98.4 ft), on the same block, and facing the same general
direction (see figure).
Rear Yard
Setback
Side Yard
Setback
Front Yard
Setback
Flanking Yard
Setback
Setbacks
Scientific and Technical Service means an establishment primarily engaged in
conducting research and experimental development in physical, engineering and
life sciences, including electronics, computers, chemistry, oceanography, geology,
mathematics, physics, environmental, medicine, health, biology, botany, biotechnology,
agriculture, fisheries, forestry, pharmacy, veterinary and other allied subjects.
D
C
Average of
A,B,C, & D
Established Front
Yard Setback
A
B
Established Front Yard Setback
Established Front Yard Setback
PAGE 22 | CHAPTER 1 | PART 7
TOWN OF TRURO COMMUNITY PLAN
Definitions
LAND USE BY-LAW
DC
UC
UG
DN
GR
BI
FG
RR
WR
PO
CR
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FP
FW
FF
RS
Con
Def
Gen
Adm
Shed Dormer, see "dormer"
Shipping Container means a standardized reusable steel box used for the storage
and movement of materials and products within a freight transport system.
Side Yard, see"yard"
Awning Sign
Facial Wall Sign
Sign means a structure, device, light or natural object including the ground itself, or
any part thereof, or any device attached thereto, or painted or represented thereon,
which shall be used to identify, advertise, or attract attention to any object, product,
place, activity, person, institution, organization, industry or business, or which shall
display or include any letter, word, model, number, banner, flag, pennant, insignia,
device or representation used as an announcement, direction or advertisement, and
which is intended to be seen from off the premises or from a parking lot. The word
"sign" shall include signs which are affixed to the inside of windows and glass doors
and are intended to be seen from roadways or parking lots. No other indoor sign shall
be deemed a sign within this by-law.
Sign Area means the area of the display surface, but not including any portion of the
support structure, or:
a) where a sign has more than two sides, or is conical, spherical, or tubular, sign
area shall mean one half of the sum area of all display surfaces;
b) where a sign has two sides, sign area shall mean one half of the sum of the area
of all display surfaces;
c) where a sign is composed of freestanding characters or shapes, sign area shall
mean the area of the smallest quadrangle which encloses the characters or
shapes comprising the sign.
Sign, Awning means a sign that is
incorporated into the material of an
awning (see figure).
Sign, Banner means a sign made of
fabric or other non-rigid material with no
enclosing framework.
Sign, Display Surface means that
portion of a sign, including any trim
and molding, which forms the surface
upon which elements are organized,
related and composed to for a unit which
conveys a message.
Sign, Facial Wall means a sign which
projects from and is supported by a wall
of a building (see figure)
PART 7 | CHAPTER 1 | PAGE 23
Definitions
TOWN OF TRURO COMMUNITY PLAN
LAND USE BY-LAW
DC
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UG
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RS
Con
Def
Gen
Adm
Sign, Ground means a sign supported
by one or more upright poles or braces
placed permanently in the ground (see
figure).
Sign, Illuminated means a sign that
provides artificial light directly, or
through any transparent or translucent
material, from a source of light connected
with such sign, or a sign illuminated by a
light focused, upon or chiefly directed at
the surface of the sign.
Sign, Projecting Wall means a sign
which; projects from; is perpendicular to;
and is supported by; a wall of a building
(see figure).
Sign, Roof means a sign fixed, placed
upon or supported by the roof of a
building (see figure).
Ground Sign
Ground Sign
Ground Sign
Roof Sign
Projecting Wall Sign
Projecting Wall Sign
PAGE 24 | CHAPTER 1 | PART 7
TOWN OF TRURO COMMUNITY PLAN
Definitions
LAND USE BY-LAW
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Def
Gen
Adm
Sign, Sandwich Board means a type of
sign which is composed of two hinged or
otherwise joined boards which leans on
the ground (see figure).
Sign, Temporary means a sign which
may be erected for a specified period
of time and may include portable signs,
banners, constructions signs, and the like
(see figure).
Stadia and Auditoria means a large,
open or enclosed area used for games
and major athletic, civic, education,
political, religious or social events and
partly or completely surrounded by tiers
of seats for spectators.
Storey means a complete horizontal
building division, having a continuous or
nearly continuous floor.
Temporary (Portable) Sign
Temporary (Sandwich Board) Sign
Street Facing Building Profile means the profile (shape) created by transferring all
street (front) facing surfaces to a two dimensional plane. Any street facing angled
surfaces (roofs) would also be included, but only the two dimensional profile and not
the entire area of the angled surface would be included (see figure).
Street Facing
Building Profile
The profile of all street-facing
The profile of all street-facing
surfaces comprise the Street
surfaces comprise the Street
Facing Building Profile
Facing Building Profile
Street Facing Building Profile
Street Facing Building Profile
Street Line means the boundary of a
street or road (including sidewalks).
Streets or Roads means the whole and
entire right-of-way of every highway,
road or road allowance, vested in the
Province of Nova Scotia or the Town of
Truro and includes sidewalks.
Structure means anything that is
constructed or erected, the use of which
requires location on the ground, or
attached to something having location
on the ground.
Subject Property means the lot and all structures and the contents thereof which
are to be subject to review.
Surveyor, Professional means a registered member, in good standing, of the
Association of Nova Scotia Land Surveyors.
PART 7 | CHAPTER 1 | PAGE 25
Definitions
TOWN OF TRURO COMMUNITY PLAN
LAND USE BY-LAW
DC
UC
UG
DN
GR
BI
FG
RR
WR
PO
CR
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FP
FW
FF
RS
Con
Def
Gen
Adm
Swimming Pool means any accessory building or structure above or below grade
which is designed to hold water to a minimum depth of 61 cm whether swimming,
bathing or reflecting pools or any other such structure used for landscaping of
property, but excluding existing natural bodies of water or streams.
T
TARE Weight means the weight of an unladen vehicle.
Tattoo Studio means an establishment where people receive permanent decorative
tattoos from a tattoo artist.
Textile Mill means an establishment primarily engaged in manufacturing yarn or
textile fabrics, or finishing yarn, textile fabrics or clothing but does not include leather
or hide tanning and finishing.
Tower means any structure that is designed and constructed primarily for the
purpose of supporting one or more antennas, including self-supporting lattice towers,
guy towers, or monopole towers. The term encompasses personal wireless service
facilities including radio and television transmission towers, microwave towers,
common-carrier towers, cellular telephone towers or personal communications
services towers, alternative tower structures and the like.
Town means the Town of Truro.
Traffic Authority means an official appointed by the Town to be the Traffic Authority
pursuant to Section 86 of the Motor Vehicle Act. R.S., c. 293, s.1.
Transportation Facilities and Depots means a land and/or building or part thereof
where buses, trucks, or tractor-trailers are rented, leased, kept for hire, stored, or
parked for commercial purposes.
U
Unobstructed Open Space means all that land area of a lot which is not otherwise
dedicated to parking lot, building, structure or use whether a main use or accessory
but which may include walkways, landscaped areas and similar pedestrian or aesthetic
open space, natural or man made.
Urban Agricultural Use means the growing, rearing, producing and harvesting of
agricultural products, livestock, and/or large animals subject to applicable municipal
by-laws.
Utilities and Public Works means any agency, which under public franchise or
ownership, or under certificate of convenience and necessity provides the public
with electricity, gas, heat, steam, communication, rail transportation, water, sewage,
collection or other similar service.
PAGE 26 | CHAPTER 1 | PART 7
TOWN OF TRURO COMMUNITY PLAN
Definitions
LAND USE BY-LAW
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FP
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Def
Gen
Adm
V
Verandah means an outdoor living area, unenclosed or semi enclosed by railing.
Extending out of a structure, verandahs are normally roofed. Verandahs are generally
larger than porches, some extending across multiple faces of a structure
W
Watercourse or Waterbody means the bed and shore of every river, stream, lake,
creek, pond, spring, lagoon or other natural body of water, and the water therein,
whether it contains water or not.
Warehousing, Moving and Storage means a building or part thereof used for the
storage and distribution of goods, wares, merchandise, substances or articles and
may include facilities for a wholesale or retail commercial outlet.
Waste Management and Remediation means an establishment primarily engaged
in providing waste management services, such as waste collection, treatment and
disposal services; environmental remediation services; and septic tank pumping
services.
Wetland means land commonly referred
to as a marsh, swamp, fen or bog that
either periodically or permanently
has a water table at, near or above the
land's surface or that is saturated with
water, and sustains aquatic processes
as indicated by the presence of poorly
drained soils, hydrophytic vegetation
and biological activities adapted to wet
conditions.
Wholesale Use means development
primarily engaged in selling merchandise
to retailers, to industrial, commercial,
institutional or professional business
users.
Wind Turbine Generator means a system
of components which converts the kinetic
energy of the wind into electrical or
mechanical energy and which comprises
all necessary components including
energy
storage,
control
systems,
transmission systems, and structural
support systems (see figure).
Rotor Arc
Rotor Blade
Nacelle
Tower
A
C
B
Wind Turbine Generator
PART 7 | CHAPTER 1 | PAGE 27
Definitions
TOWN OF TRURO COMMUNITY PLAN
LAND USE BY-LAW
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Adm
Tower Height (A) means the distance measured from finished grade (B) to the nacelle.
Total Height (C) means the distance measured from finished grade (B) to uppermost
extension of the rotor blade.
Wind Farm means two or more wind turbine generators producing mechanical or
electric energy in a specific area.
Participant Dwelling/Use means a dwelling or use that is located on the same property
as a wind turbine and is under common ownership.
Y
Yard means the part of a lot unoccupied
by the main building.
Yard, Flanking means a side yard which
abuts a street on a corner lot (see figure).
Yard, Front means a yard that extends
across the full width of a lot between the
front lot line and the nearest main wall of
any building on such lot (see figure).
Yard, Minimum means the smallest yard
permitted by this by-law (see figure).
Yard, Rear means a yard that extends
across the full width of a lot between the
rear lot line and the nearest main wall
of the main building on such lot (see
figure).
Front Yard
Side Yard
Rear Yard
Flanking Yard
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Yard, Required means the area between a front, side, rear, or flanking lot line and a
line parallel to the respective lot line set back a distance equal to the applicable yard
setback (see figure).
Yard, Side means a yard that extends
from front yard to a rear yard between
the side line of a lot and the nearest
main all of the main building thereon.
Where more than one building is erected
or altered on one lot the side line or the
lot shall be interpreted as the centre line
between two buildings (see figure).
Z
Zone means a delineated area of land
shown on the schedules of this by-law.
Flanking
Yard
Required
Flanking Yard
Flanking Yard
Flanking Yard
Setback
Setback
Property Line
Main Wall of
Building
Required Yard
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2 | Administration
2.1
TITLE & PURPOSE
2.1.1
Title
This By-law is cited as the Town of Truro Land Use By-law.
2.1.2
Lands Governed by this By-law
This By-law applies to the properties shown on the Zoning Map, attached to this By-law
as Schedule A.
2.1.3
Purpose
a) The purpose of this By-law is to carry out the intent of the Town of Truro's
Municipal Planning Strategy by regulating the use of land, buildings, and
structures and by regulating the size, placement, and appearance of the
buildings and structures that comprise the built environment of the Town of
Truro.
b) Within the area to which this By-law applies, no person shall erect, alter, enlarge
or use, or permit to be erected, altered, enlarged or used, any building or
structure in whole or in part, nor use any land in whole or in part, except in
accordance with the provisions of this By-law
2.1.4
Repeal of Former By-laws
This By-law repeals the Town of Truro Land Use By-law, adopted by Council on
September 14, 2010, and all amendments thereto.
2.2 ZONES
2.2.1
Zoning Map
The Town of Truro shall be divided into zones, the extent and boundaries of which
are shown on the Zoning Map which is attached to this By-law as Schedule "A". The
provisions of this By-law shall apply to all such zones.
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Table 2.1: Zones
Zone Symbol
Zone Name
DC
Downtown Core (DC)
UC
Urban Corridor (UC)
UG
Urban Growth (UG)
DN
Downtown Neighbourhood (DN)
GR
General Residential (GR)
RS
Regional Service (RS)
BI
Business Industrial (BI)
FG
Future Growth (FG)
RR
Rural Residential (RR)
WR
Watershed Residential (WR)
PO
Parks & Open Space (PO)
CR
Commercial Recreation (CR)
ER
Environmental Reserve (ER)
FP
Floodplain (FP)
FW
1:20 Flood Way Overlay (FW)
FF
1:100 Flood Way Fringe (FF)
2.2.2
Zone Symbols
The following zones and overlay zones appear of the Zoning Map and are represented
by the following symbols and colours or patterns.
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2.2.3
Zoning Boundaries
Zoning boundaries shall be determined as follows:
a) where a zone boundary is indicated as following a street or highway the
boundary shall be the centre line of such street or highway;
b) where a zone boundary is indicated as approximately following the lot lines,
such lot lines shall be the boundary;
c) where a railroad or railway right-of-way, an electrical transmission right-of-
way, or a watercourse serves as a boundary between two or more different
zones, the centre line of such right-of-way or of such watercourse shall be the
boundary;
d) where there is no landmark that indicates the precise location of a boundary
the boundary shall be scaled from the Zoning Map; and
e) where a zone boundary is indicated as following the Town boundary, the Town
limit shall be the boundary.
2.3 INTERPRETATION
2.3.1
Illustrations
a) All diagrams in this By-law are for explanatory purposes only and are not
necessarily drawn to scale.
b) In the event of a conflict between any illustration and the text of this By-law, the
text shall prevail.
2.3.2
Defined Terms
All terms not defined in Part 1 of this By-law, in the Municipal Government Act, or by
the Nova Scotia Interpretation Act shall have their ordinary and grammatical meaning.
2.3.3
More Restrictive Requirement Applies
Where two or more requirements of this By-law conflict, the more restrictive
requirement shall apply.
2.4 DEVELOPMENT OFFICER
2.4.1
Appointment by Council
a) Council shall appoint a Development Officer pursuant to the provisions of the
Municipal Government Act who shall issue development permits and carry out
such duties as are prescribed by the Municipal Government Act or by this by-law
and shall perform such other duties as Council may direct.
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b) Council may appoint a Deputy Development Officer who, when the Development
Officer is unable to do so by reason of absence or other cause, shall carry out
the duties of the Development Officer and may make any decision he/she could
have made.
2.5 PLANNING ADVISORY COMMITTEE (PAC)
2.5.1
Planning Advisory Committee
a) Town Planning Advisory Committee is appointed by Town Council in conformity
with Section 200 of the Municipal Government Act and shall be herein referred
to as the Committee.
b) Duties of the Committee include:
i)
at the direction of Council, hold public hearings, advise Council regarding
planning and zoning matters;
ii) advise the Council as to the intent of the Municipal Planning Strategy; and
iii) assist Council in the periodic review of the official plans and Land Use By-
law in conformity with the Municipal Government Act.
2.5.2
Area Advisory Committee
a) The West Prince Area Advisory Committee is appointed by Town Council in
accordance with Section 201 of the Municipal Government Act.
b) The West Prince Area Advisory Committee shall advise the Planning Advisory
Committee on planning and land use matters that impact lands at the western
end of Prince Street in and around the neighbourhood commonly known as
"The Island" and more particularly described in the West Prince Area Advisory
Committee Policy.
2.6 DEVELOPMENT PERMIT
2.6.1
Development Enabled by This By-law
This By-law Enables:
a) as-of-right development;
b) certain development to be considered by site plan approval; and
c) certain developments to be considered by development agreement.
2.6.2
Compliance with this By-law
a) The provisions of this By-law shall apply to all properties and all developments
located within the boundaries of this By-law, as shown on Schedule A.
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b) A person shall comply with this By-law, even if a development is exempt from
the requirement for a development permit contained in Subsection 1.6.6.
c) Any person who violates a provision of this By-law shall be subject to
prosecution as provided for by The Municipal Government Act.
d) All developments shall be developed in accordance with the development
permit.
e) In this By-law, any use not permitted in a particular zone is prohibited.
2.6.3
Requirement for a Development Permit
Subject to Subsection 1.6.6, no person shall undertake any development without first
obtaining a development permit.
2.6.4
Compliance with Other Legislation and By-laws
a) This By-law does not exempt any person from any other enactment of the
Municipality, the Province of Nova Scotia, or the Government of Canada.
b) No development permit shall be issued for any development prohibited by an
enactment of the Municipality, the Province of Nova Scotia, or the Government
of Canada.
2.6.5
Administration by the Development Officer
This By-law shall be administered by the Development Officer.
2.6.6
Development Permit Exemptions
a) Subject to Clauses 1.6.6 (b) and (c), the following developments are exempt from
the requirement to obtain a development permit:
i)
accessory structures having a floor area of 20.0 m2 (215.3 ft2) or less, unless
the structure contains one or more dwelling units;
ii) uncovered structures less than 0.6 m (1.97 ft) in height, such as such as
balconies and patios but excluding foundations, piles, and footings;
iii) fences under 2.0 m (6.6 ft) in height;
iv) the construction, replacement, or repair of infrastructure by utilities or
municipal, provincial, or federal governments;
v) public transit shelters; and
vi) monuments or public art on municipally, provincially, or federally owned
land.
b) On a registered heritage property or on a lot within a heritage conservation
district a development permit shall be required for uncovered structures less
than 0.6 m (1.97 ft) in height
c) Even where a development permit is not required, a development shall meet all
applicable requirements contained in this By-law.
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2.6.7
Development Permit Applications
A development permit application shall include documents and plans, drawn to scale,
that include the following, as required by the Development Officer:
a) floor plans with dimensions shown and the intended use of all rooms labelled;
b) elevation drawings with:
i)
height measurements and dimensions shown for all sides of proposed
structures,
ii) external cladding material type and detail labelled, and
iii) any architectural details where required;
c) roof plans;
d) a site plan showing:
i)
lot dimensions and lot lines;
ii) the location of all existing and proposed structures and uses;
iii) setbacks for all buildings and structures;
iv) the location and dimensions of all parking lots, parking spaces, driveways,
driving aisles, off-street loading spaces, and parking lot entrances and
exits;
v) the location and dimensions of all pedestrian walks and walkways;
vi) the location of hard landscaping or soft landscaping elements;
vii) the location and specifications of any exterior lighting fixtures; and
viii) the location of solid waste management areas.
e) any wetlands or watercourses within 60.0 m (196.9 ft) of the lot where a
development is being proposed;
f)
land contours with lot grading information, certified by a surveyor or
professional engineer;
g) the location of bicycle parking areas;
h) the location of building utilities; and
i)
any other information that the Development Officer requires to determine if the
development complies with this By-law.
2.6.8
Approval
The Development Officer shall issue a development permit where the development
meets:
a) the requirements of this By-law;
b) the terms of an approved site plan; or
c) the terms of an approved development agreement.
2.6.9
Expiry
A development permit shall expire 12 months from the date it is issued.
2.6.10 Revocation
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The Development Officer may revoke a development permit if:
a) the development is not in accordance with:
i)
this By-law,
ii) the plans associated with the approved development permit,
iii) an approved site plan, or
iv) an approved development agreement;
b) the permit was issued based on incorrect information provided by the applicant
when applying for a development permit; or
c) the permit was issued in error.
2.6.11
Fees
The fees for applications under this By-law shall be set out by Administrative Order.
2.7 VARIANCE
2.7.1
Variance Conditions
a) Notwithstanding anything in this by-law, a Development Officer may grant a
variance subject to Section 235 of the Municipal Government Act. Specifically,
the Development Officer may vary:
i)
the percentage of land that may be built upon;
ii) the size or other requirements relating to yards;
iii) lot frontage; and/or
iv) lot area.
b) A Development Officer may grant a variance in one or more of the following
Land Use By-law requirements:
i)
number of parking spaces and loading spaces required;
ii) ground area and height of a structure;
iii) floor area occupied by a home-based business; and/or
iv) height and area of a sign.
c) A variance may not be granted where the:
i)
variance violates the intent of the development agreement or land use
by-law;
ii) difficulty experienced is general to properties in the area; or
iii) difficulty experienced results from an intentional disregard for the
requirements of the development agreement or land use by-law.
2.7.2
Variance Procedures
a) Variance applications shall be processed in accordance with the requirements
set out in Section 236 of the Municipal Government Act.
b) A decision by the Development Officer to refuse to grant a variance may
be appealed to Council in accordance with Section 237 of the Municipal
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Government Act.
2.8 SITE PLAN APPROVAL
2.8.1
Provision for Site Plan Approval
a) Where provided for in this Land Use By-law, certain classes of development may
be permitted by site plan approval.
b) Site plan approvals will be administered in accordance with Sections 231 to 234
of the Municipal Government Act.
2.8.2
Site Plan Approval Notification Area
a) Once the Development Officer approves a site plan approval application, all
assessed property owners within 30.0 m (98.4 ft) of the subject property will
receive written notification of the approval by mail.
b) Written notification of the site plan approval is deemed to have been received
on the third day after being mailed.
2.8.3
Appeal Procedures
a) A property owner served the notice of approval has 14 days from the date of
they receive the notice to appeal the Development Officer's decision to the
Town's Chief Administrative Officer.
b) Where the Development Officer refuses the requested site plan approval, a
notice is sent to the applicant by mail.
c) Written notification of the refusal to grant site plan approval is deemed to have
been received on the third day after being mailed.
d) The applicant may, within seven days of receipt of the notice, appeal the
Development Officer's decision to the Town's Chief Administrative Officer. .
e) The Chief Administrative Officer will refer the appeal to Town Council for
consideration.
f)
Property owners within 30.0 m (98.4 ft) of the subject property will receive
written notification of the appeal hearing.
g) Property owners within 30.0 m (98.4 ft) of the subject property may speak at
the hearing.
2.8.4
Form and Content of Application
All applications for site plan approval must be submitted in writing to the Town's
Development Officer and include any information, materials, or professionally
prepared plans required by the Development Officer in order to effectively evaluate
the submission and may include, but not necessarily be limited to, the following items:
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a) a written description of the proposal that provides the following information:
i)
the location of the subject property;
ii) the name and address of the property owner or designated representative
of the property owner;
iii) existing use(s) of the property including a description of any existing
structures or improvements;
iv) the proposed use(s) including floor areas;
v) the height and number of storeys of any proposed structure;
vi) ground floor area and total floor area of the structure;
vii) the proposed number of dwelling units including the number of bedrooms
in each unit; and
viii) the proposed number of parking spaces.
b) a plan of survey certified by a Professional land Surveyor in the Province of
Nova Scotia showing the location of all existing buildings, structures, property
lines as well as any other interests to the land inclusive of easements or right-
of-ways.
c) a site plan illustrating details such as:
i)
the proposed location, dimensions, height, number of storeys, and
proposed use of all buildings or structures;
ii) the proposed location and nature of any outdoor storage or display;
iii) the proposed location, design, and content of any signage;
iv) the proposed location and dimensions of any parking stalls, accessible
stalls, driveways, and walkways;
v) the proposed location of any fencing, refuse containers, and snow storage;
vi) the proposed location and type of any exterior lighting;
vii) the proposed location of any outdoor amenity space;
viii) landscaping elements including the type and location of any existing and
proposed trees or other vegetation;
ix) the type and location of hard and soft surface materials, street furniture,
fencing, or retaining walls;
x) the location of any watercourses on or near the site;
xi) the location of any proposed stormwater management measures;
xii) the delineation of any 1:20 and 1:100 flood elevations and a description of
any proposed floodproofing measures.
d) elevation drawings of the proposed structure or structures indicating
architectural features including type of materials;
e) the means by which the site is to be serviced by sanitary and storm sewers,
water, electrical service and other utilities;
f)
a shadow study evaluating the shadow impact of the proposed development for
various times during the day on each of the following dates: March 21, June 21,
September 21 & December 21;
g) a stormwater management plan prepared and stamped by a Professional
Engineer;
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h) erosion and sedimentation control plan prepared and stamped by a
Professional Engineer; and
i)
a traffic impact statement/study prepared and stamped by a Professional
Engineer.
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3 | General Provisions
3.1
GENERAL DEVELOPMENT REGULATIONS
3.1.1
Development Permit Required
No development shall hereafter be permitted or the use of any building changed
unless a development permit has been issued and no development permit shall be
issued except in compliance with this by-law. Any person who violates a provision
of this by-law shall be subject to prosecution as provided for under the Municipal
Government Act of Nova Scotia.
3.1.2
Accessory Buildings
a) The height of an accessory building in all zones except the Regional Service
(RS), Business Industrial (BI), or Parks & Recreation (PO) Zones shall:
i)
not exceed 4.5 m (15 ft), or
ii) not exceed a height of 6.5 m (21.3 ft) or the height of the main building,
whichever is greater, provided the accessory building conforms to all
setback requirements that would apply to a main building.
b) The height of an accessory building in the Regional Service (RS), Business
Industrial (BI), or Parks & Recreation (PO) Zone shall not exceed the height limit
that would apply to any main building.
c) An accessory building shall not be situated within a required yard abutting a
public street.
d) An accessory building shall be situated at least 2.0 m (6.6 ft) from any main
building.
e) An accessory building shall be situated at least 2.0 m (6.6 ft) from any side or
rear lot line unless there is no window, door, or other opening in the wall facing
the rear or side yard, in which case the accessory building may be situated 1.2 m
(3.9 ft) or more from any side or rear lot line.
f)
The total ground floor area of the accessory building or buildings shall not
exceed 12.5% of the lot area.
3.1.3
Accessory Use
The total floor area of all accessory uses shall not exceed the lesser of:
a) 15% of the lot area; or
b) 50% of the total floor area of all buildings on the lot.
This section of the By-law deals
with issues that are common or
shared by all properties in Town,
regardless of their zoning. This
section should be consulted
when planning for any type of
land use or development
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3.1.4
Accessory Uses Permitted
Where this by-law provides that land may be used for a purpose or a building or
structure may be erected or used for a purpose, such purpose may include any
accessory uses thereof, unless otherwise prohibited by this by-law.
3.1.5
Accessory Structures
Where this by-law provides that land may be used for a purpose, then such use may
include accessory structures.
3.1.6
Building to be Moved
No building shall be moved within or into the Town of Truro until a development permit
has been issued.
3.1.7
Building to be Erected on a Lot
No person shall erect or use any building unless such building is erected upon a lot.
3.1.8
Compliance with Other By-laws
a) Nothing in this By-law shall exempt any person from complying with the
requirements of the Building By-law or any other by-law in force within the
Town of Truro, or from obtaining any license, permission, permit, authority or
approval required by any other by-law of the Town of Truro.
b) Where the provisions in this By-law conflict with those of any other municipal,
provincial or federal requirements, the higher or more stringent provisions shall
prevail.
3.1.9
Day Lighting Triangle
On a corner lot where yards are required, no fence, sign, hedge, shrub, bush or tree
or any other structure, vehicle or vegetation shall be erected, placed or permitted to
grow to a height greater than 0.6 m (2 ft) above grade within a daylighting triangle.
3.1.10
Existing Buildings
Where a building has been erected on or before the effective date of this by-law
on a lot having less than the minimum frontage or area, or having less than the
minimum front yard or side yard or rear yard required by this by-law the building may
be enlarged, reconstructed, repaired or renovated provided that the enlargement,
reconstruction, repair or renovation does not further reduce the front yard or side or
rear yard that does not conform to this by-law and all other applicable provisions of
this by-law are complied with.
In addition to complying with
this By-law, care must be taken
to ensure that any proposal
conforms to all other applicable
by-laws and regulations.
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3.1.11
Fencing
a) A development permit is required for all fences exceeding
2.0 m (6.6 ft) in height.
b) Fences shall be limited to a maximum height of 2.5 m
(8.2 ft) in all zones except the Business & Industrial (BI),
Regional Service (RS), Parks & Open Space (PO), and
Commercial Recreation (CR) Zone
c) All fences, regardless of whether or not a permit
is required, shall conform to the following general
requirements:
i)
fences within 2.0 m (6.6 ft) of a lot line abutting a
street shall not be more than 1.0 m (3.3 ft) in height;
ii) on corner lots, daylighting triangle height restrictions
shall apply;
iii) where a fence features a supporting structure,
the fence shall be constructed with the structural
members facing away from any abutting public right-
of-way;
iv) fences cannot be electrified, contain barbed wire, or
contain razor wire unless erected in conjunction with
a permitted agricultural, industrial, or institutional
use in a Regional Service (RS), Business Industrial (BI),
Future Growth (FG), or Rural Residential (RR) Zone.
d) Additional regulations regarding the design of fencing
can be found in the Downtown Neighbourhood (DN) Zone
requirements.
3.1.12
Fronting on Streets
a) Except where otherwise permitted in the Regional Service (RS) Zone, no
development permit shall be issued unless the lot or parcel of land upon which
the development is proposed abuts and fronts upon a street.
b) An existing habitable single dwelling unit on a lot which does not have frontage,
but which has legal access to a public street otherwise, may be added to
provided that:
i)
all other requirements of the Land Use By-law are met;
ii) any addition in volume be limited to the height of the tallest portion of the
existing structure;
iii) the structure being added to is an established existing non-conforming
structure on an existing nonconforming lot which has legal access but no
frontage;
iv) the building footprint is not increased by more than 30%;
v) the floor area of the existing dwelling is not increased by more than 30%;
and
vi) no additional dwelling units are created.
Figure 3.1: Fencing
Not Permitted
supporting
structure should
not be visible
from the street
Permitted
supporting
structure is not
visible from the
street
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3.1.13
Height Regulations
The height regulations of this by-law shall not apply to church spires, water tanks,
elevator enclosures, silos, flagpoles, ventilators, skylights, barns, chimneys, clock
towers, communication towers or statues/works of art.
Lighting fixtures that permit light to
shine above the horizontal and directly
illuminate any abutting properties in
a GR, DN, UC, RR, or WR Zone are not
permitted (see illustration above)
Lighting fixtures in or abutting a GR, DN,
UC, RR, or WR Zone zone shall be full
cut-off fixtures that do not permit light
to shine above the horizontal and that
do not directly illuminate any abutting
property (see illustration above).
Figure 3.2: Lighting Fixtures
Permitted
Not Permitted
3.1.14
Illumination
a) No exterior lighting shall be erected
or installed unless all lights are
directed away from adjoining
properties, and any adjacent
streets.
b) All outdoor lighting fixtures in or
abutting a General Residential
(GR), Downtown Neighbourhood
(DN), Urban Corridor (UC), Rural
Residential (RR), or Watershed
Residential (WR) Zone shall be full
cut-off fixtures that do not permit
light to shine above the horizontal
(see Figure 3.2).
3.1.15
Multiple Uses
Where any land or building is used for
more than one purpose, each individual
use will be required to comply with the
requirements of this By-law that are
applicable to each use.
3.1.16
Natural Hazards and Yard Requirements
Required yards shall be measured from the nearest main wall from the main building
or structure on the lot to the edge of any of the following natural features:
a) waterbody;
b) watercourse; or
c) slope in excess of 16.5% or 30 degrees or more from the horizontal.
3.1.17
Non-Conforming Uses and Structures
Any use of land or building or structure constructed, or being constructed, on or
before the effective date of this By-law shall be subject to the provisions of the
Municipal Government Act respecting nonconforming uses and structures.
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3.1.18
One Main Building on a Lot
Except where otherwise permitted by this By-law, no more than one main building is
permitted on a lot in:
a) the Downtown Core (DC) Zone;
b) the Urban Corridor (UC) Zone;
c) the Downtown Neighbourhood (DN) Zone; or
d) the General Residential (GR Zone.
3.1.19
Noise, Odour, and Emission Control
Any use that the Development Officer believes is likely to generate noise, odour,
emissions, vapour, dust, or other airborne matter shall not be permitted unless the
Development Officer is satisfied that:
a) appropriate measures have been taken to prevent the escape of any odour,
emission, vapour, dust, or other airborne matter such as the installation of an
adequate air filtration system;
b) appropriate measures have been taken to prevent excessive noise levels
that are likely to disturb individuals on neighbouring properties such as the
installation of noise barriers or acoustical enclosures; and
c) the proposed use is reasonably unlikely to disturb individuals on neighbouring
properties due to factors such as:
i)
the type, frequency, intensity or duration of the noise, odour, emission,
smoke, vapour, dust or other airborne matter;
ii) the proximity to neighbouring properties;
iii) the nature and use of the surrounding area; and
iv) the effects of the noise odour, emission, smoke, vapour, dust or other
airborne matter.
3.1.20 Obnoxious Use
Where a permitted use in any zone is likely to have a negative impact on the
surrounding community due to noise, dust, odour, vibration, smoke or other emission,
the proposed use may only be considered by Development Agreement in accordance
with Municipal Planning Strategy Policy G-20.
3.1.21
Outdoor Woodburning Furnaces
An outdoor woodburning furnace or structure containing an outdoor woodburning
furnace shall:
a) only be permitted to be located within the Rural Residential (RR) Zone; and
b) be setback a minimum of 30.0 m (98 ft) from an abutting lot line.
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3.1.22 Permitted Encroachments into Yards
Except for accessory buildings, every yard required by this by-law shall be open
and unobstructed by any structure excluding fences and the structures listed in the
following table which shall be permitted to project into or over the specified yards for
the distances that are specified in Table 3.1:
Table 3.1: Permitted Encroachments
Structure
Affected Yard
Maximum Encroachment
Balcony/Deck
Any Yard
2.0 m (6.6 ft)
Carport
Rear and Side Yards Only
within 1.0 m (3.3 ft) of a property line
Fire Escape/Exterior Staircase
Rear and Side Yards Only
1.5 m (4.9 ft) over a maximum width of 3.0 m (9.8 ft)
Porch/Verandahs less than 1 storey in height
Rear and Front Yards Only
2.5 m (8.2 ft) including the eaves and cornice
Sills, belt courses, cornices, eaves, gutters,
chimneys, pilasters, or canopies
Any Yard
0.6 m (2.0 ft)
Swimming Pool
Rear and Side Yards Only
within 1.0 m (3.3 ft) of a property line
Bay Window
Any Yard
1.0 m (3.3 ft) over a maximum width of 3.0 m (9.8 ft)
3.1.23 Public Uses Exempt
This By-law does not apply to the use of land or the use, construction, or reconstruction
of any building or structure by the Town of Truro or by the Town of Truro in cooperation
with another municipality, Province of Nova Scotia, or Government of Canada for the
purpose of providing public services or facilities.
3.1.24 Public Utilities
Public and private utilities shall be permitted in any zone provided that such use
conforms with the applicable lot standards of that particular zone.
3.1.25 Refuse Storage
a) All development that generates solid waste must provide space for the storage
of recycling, compost, and garbage receptacles.
b) Any development that is not eligible for municipal solid waste collection is
required to provide a dedicated storage area for solid waste that:
i)
has sufficient area to handle the volume of solid waste generated by the
residential units as determined by the Town's Development Officer;
ii) is wholly enclosed within a structure; or
iii) is surrounded by an opaque fence with a latching gate that is a minimum of
1.8 m (6.0 ft) high.
c) A storage area for recycling, compost, or garbage receptacles may not be
situated within a required yard or within 6.0 metres (19.7 feet) of a public right-
of-way unless it is wholly enclosed within a permitted structure.
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d) Recycling, compost, or garbage receptacles may not occupy any space that is
required for parking or amenity space in relation to a development.
3.1.26 Restoration to a Safe Condition
Nothing in this by-law shall prevent the strengthening or restoring to a safe condition,
any building or structure.
3.1.27 Trucks, Automobiles, Buses, and Shipping Containers
a) No truck, automobile, bus, recreational vehicle, boat, coach, semi-trailer,
streetcar body, or railway car, whether or not it is mounted on wheels, shall be
used for human habitation or occupied as an accessory building or accessory
dwelling unit.
b) A shipping container may be used or occupied as a main building provided the
shipping container is converted, erected, occupied and used in accordance with
this By-law, the National Building Code, and all other applicable By-laws of the
Town.
c) A shipping container may be used or occupied as an accessory building or as an
accessory dwelling unit provided:
i)
the proposed use or occupancy of the shipping container is a permitted
accessory use in the applicable zone;
ii) the shipping container is not situated in the Downtown Neighbourhood (DN)
Zone;
iii) the shipping container is not situated in a required front or required
flanking yard in any zone;
iv) where the shipping container is within the Downtown Commercial (DC),
General Residential (GR), or Urban Corridor (UC) Zones, it shall not be
situated in a front or flanking yard or between the main building and any
public street; and
v) the shipping container is converted, erected, occupied and used in
accordance with this By-law, the National Building Code, and all other
applicable By-laws of the Town.
3.1.28 Special Occasion or Temporary Uses
a) Temporary uses associated with special occasions or holidays are permitted
subject to the following requirements:
i)
a development permit for the temporary use has been issued;
ii) temporary structures associated with the special occasion or holiday may
include fixtures such as search lights, pennants, spinners, banners, inflated
balloons, inflated characters, streamers, and tents;
iii) the temporary use occurs only once per year and is limited to a maximum
of 14 days per year.
b) Temporary development permits for special occasion uses shall not be required
for events less than 48 hours in duration.
c) This section does not apply to special occasion uses operated or managed by
the Town of Truro or its partners.
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3.1.29 Subdivision of Lots for Monuments and other Similar Uses
a) Notwithstanding anything else in this by-law, a lot may be created for the
purpose of erecting a monument or other similar use shall be exempt from
minimum lot requirements within each zone.
b) A dwelling will not be permitted on a lot created pursuant to this subsection
and any such lot will not be eligible for an on-site sewage disposal system.
c) The maximum lot area for a lot created pursuant to this subsections shall be
140.0 m2 (1,507 ft2).
3.1.30 Swimming Pools
No development permit shall be issued for an outdoor swimming pool unless the pool
conforms to the following requirements:
a) The pool must not be situated within a front or flanking yard in a Residential
Zone or within a required front or flanking yard in all other zones.
b) The pool is situated at least 1.0 m (3.3 ft) from any property line.
c) The pool must be enclosed by a fence or a combination of a fence and another
permanent structure that prevents access to the pool from an abutting
property or public right-of-way.
d) The pool enclosure required in accordance with clause (a) shall:
i)
completely enclose the entire swimming pool;
ii) create a barrier that is 1.5 m (4.9 ft) high when measured from the ground
to the top of the fence, gate or structure; and
iii) have no opening greater than 10.0 cm (3.9 in) in any part of the fencing,
gates or structures that enclose the swimming pool.
e) Unobstructed public access to a swimming pool is not permitted and all
swimming pools shall only be accessible via:
i)
a self-closing and self-latching gate that is a minimum of 1.5 m (4.9 ft) high;
ii) a main building enclosing the swimming pool; or
iii) an accessory building enclosing the pool provided the building does not
permit unobstructed access through the structure.
3.1.31
Telecommunication Facilities
The Town of Truro recognizes that Industry Canada has the ultimate authority
over the placement of radio communication facilities but that it has been Industry
Canada's practice to work with municipal governments to ensure that local concerns
are addressed in the approval process. To this end, the Town will use its established
development permitting system as set out in this Land Use Bylaw to determine a
municipal position given an application for a telecommunication tower, antenna,
building or equipment.
Telecommunication Facilities are permitted uses in all zones with a requirement for
a public consultation process following a proposal for the siting of such a facility by
a tower operator.
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3.1.32 Temporary Construction Uses
In a development for which a development permit is in force and while such
development is under construction, nothing in this by-law shall prevent the erection
of temporary buildings or scaffolds or other structures incidental to the construction
in progress until such construction has been finished or has been discontinued for a
period of 60 days.
3.1.33 Undersized Lots
Notwithstanding anything in this by-law, a lot that was in existence prior to the
adoption of this By-law may be used for a purpose permitted in the zone in which the
lot is located provided:
a) the lot abuts and has direct access to a street, or
b) is accessible throught a registered easement no less than 3.0 m (9.8 ft) wide;
and
c) any structure or use is able to meet all other applicable requirements of this
by-law.
3.1.34 Utilities
Notwithstanding anything else in this by-law, a lot being subdivided for the purpose
of housing a utility such as a natural gas system substation or electrical substation
shall have a minimum lot size of 225.0 m2 (2,422 ft2) and minimum frontage of 15.0 m
(49.2 ft).
3.1.35 Yard and Garage Sales
Yard sales and garage sales are permitted in any zone subject to the following
requirements:
a) The yard sale or garage sale is conducted by:
i)
an owner/resident of the subject property; or
ii) a non-profit group, community association, or other similar group or
organization with the permission of the owner/resident of the subject
property.
b) A yard sale or garage sale may not be conducted on the same property more
than 6 days in any one calendar year.
c) A yard sale or garage sale may not last more than 3 consecutive days.
d) No signage advertising a yard sale or garage sale shall be posted more than 48
hours prior to the day of sale.
e) All signage advertising a yard sale or garage sale must be removed within 48
hours after the sale.
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3.2 PARKING AND LOADING
3.2.1
Parking Required
Every building or structure to be erected or enlarged, or for which application for a
development permit involving a change of use is made, off-street parking located
within the same zone as the use and having unobstructed access to a public street
shall be provided and maintained in accordance with the parking requirements set
out in this Section.
3.2.2
Calculating Parking Requirements
a) Parking requirements shall be calculated by finding the proposed use in Tables
3.2 to 3.5 and applying the corresponding parking ratio.
b) When calculating parking requirements:
i)
the parking requirement for development consisting of multiple uses shall
be calculated by totalling the calculated parking requirement for each
individual land use;
ii) only the new usable floor area or new seating capacity shall be included
in the parking calculations for a development proposal that includes the
expansion of an existing use;
iii) for the purposes of this section, floor area shall not include washrooms,
stairs, utility rooms, or elevators; and
iv) where a parking calculation results in a fraction of a space, the final
number of required parking spaces shall be rounded up to the next whole
number.
3.2.3
Parking Requirements
a) All required parking has to be located within the same zone as the associated
use.
b) Parking requirements for all development in all zones except for the Downtown
Core (DC), Downtown Neighbourhood (DN) and Urban Corridor (UC) Zones shall
be calculated based on the applicable parking ratios found in Tables 3.2, 3.3, 3.4
and 3.5.
c) Parking requirements for all development in the Downtown Neighbourhood
(DN) and Urban Corridor (UC) Zones shall be calculated based on the applicable
parking ratios found in Table 3.6.
d) There is no parking requirement for development within the Downtown Core
(DC) Zone except for the following uses, to which the parking requirements in
Table 3.7 shall apply:
i)
new residential construction; and
ii) an addition to an existing structure that creates new residential dwelling
units.
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Table 3.3: Industrial Use Parking Requirements
Industrial Land Use
Parking Requirement
Manufacturing/Processing
1.0 parking spaces/2 employees on largest shift
Outdoor Storage
1.0 spaces/180.0 m2 (1937 ft2) of outdoor storage
Warehousing/Transportation Depot/Indoor Storage
1.0 spaces/90.0 m2 (969 ft2) of indoor storage
Table 3.2: Commercial Use Parking Requirements
Commercial Land Use
Parking Requirement
Accommodations
1.0 spaces/suite or rental unit
Animal Hospital
1.0 spaces/18.0 m2 (194 ft2)
Animal Shelter/Kennel
1.0 spaces/2 employees on largest shift
Art Gallery/Museum/Library
1.0 spaces/28.0 m2 (301 ft2)
Auditoria/Halls/Stadiums/Other Places of Assembly
Fixed Seating
1.0 spaces/five seats
Bench Seating
1.0 spaces/3.0 m (10 ft) of bench space
No fixed Seating
1.0 spaces/9.0 m2 (97 ft2) of assembly area
Automotive Service/Repair
1.0 spaces/45.0 m2 (484 ft2)
Banking/Finance/Insurance
1.0 spaces/18.0 m2 (194 ft2)
Beverage Room/Lounge/Cabaret
1.0 spaces/9.0 m2 (97 ft2)
Educational Use
1.0 spaces/2 teaching staff + 1.0 spaces/5
students
Day Care Centre
1.0 spaces/45.0 m2 (484 ft2)
Fitness Centre
1.0 spaces/18.0 m2 (194 ft2)
Funeral Homes
1.0 spaces/18.0 m2 (194 ft2)of assembly area
Health Care Clinic/ Neighbourhood clinic
1.0 spaces/18.0 m2 (194 ft2)
Indoor Sports & Recreation
1.0 spaces/30.0 m2 (323 ft2)
Laundromat
1.0 spaces/18.0 m2 (194 ft2)
Lodging House
1.0 spaces/lodging unit
Office and Professional Use
1.0 spaces/28.0 m2 (301 ft2)
Outdoor Sales
1.0 spaces/90.0 m2 (969 ft2)
Personal Services
1.0 spaces/30.0 m2 (323 ft2)
Restaurant
1.0 spaces/9.0 m2 (97 ft2) of seating area
Retail
1.0 spaces/18.0 m2 (194 ft2)
Train/Bus Station
1.0 spaces/15.0 m2 (161 ft2) of waiting area
Wholesale
1.0 spaces/45.0 m2 (484 ft2)
All Other Commercial Uses
1.0 spaces/18.0 m2 (194 ft2)
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Table 3.4: Institutional Use Parking Requirements
Public Use
Parking Requirement
Dormitories
1.0 spaces/2 sleeping rooms
Elementary School/Junior High/Middle School
1.0 spaces/2 teaching staff
Residential Care Facilities/Emergency Shelter
2.0 spaces + 0.5 spaces per resident
Hospitals
1.0 spaces/2 beds plus 1.0 space/staff or 1.0
spaces/90.0 m2 (969 ft2), whichever is greater
Secondary Schools/Post Secondary Schools
1.0 spaces/2 teaching & administrative staff
members plus 1.0 space/10 students
Community Institution
1.0 spaces/28.0 m2 (301 ft2)
e) An expansion or new construction that occupies an existing parking or loading
area will only be permitted where:
i)
the parking or loading area is not required by an existing use on the
subject property; or
ii) any parking spaces required by an existing use on the subject property are
replaced by an equal number of parking spaces that have been created
elsewhere on-site or on another site in the Downtown Core (DC) Zone
within 60.0 m (197 ft); and
iii) any lost loading spaces required by an existing use on the subject property
are replaced by an equal number of loading spaces that have been created
elsewhere on-site.
Table 3.5: Residential Parking Requirements
Residential Land Use
Parking Requirement
Single Detached, Semi Detached, Two-Unit Dwelling,
Converted Dwelling (up to 2 units)
bachelor
0.5 spaces/unit
one or more bedrooms
0.5 spaces/bedroom
Multiple Unit Dwelling (3 units or more)
Converted Dwelling (3 units or more)
bachelor
1.0 spaces/unit
one or more bedrooms
0.5 spaces/unit + 0.5 spaces/bedroom
Residential Care Facilities
1.0 spaces + 0.5 spaces per resident
Bed and Breakfast
1.0 spaces/2 guest bedrooms
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Table 3.7: Downtown Core (DC) Zone Parking Requirements
Land Use
Parking Requirement
Single Detached, Semi Detached, Two Unit Dwelling,
Converted Dwelling (two units)
bachelor
0.5 spaces
one or more bedrooms
0.5 spaces/bedroom
Multiple Unit Dwelling (three units or more)
Converted Dwelling (three units or more)
bachelor
0.25 spaces/unit
one or more bedrooms
0.25 spaces/unit + 0.25 spaces/bedroom
All other uses
no parking requirement/not applicable
Table 3.6: Downtown Neighbourhood (DN) & Urban Corridor (UC) Zone Parking Requirements
Land Use
Parking Requirement
Single Detached, Semi Detached, Two Unit Dwelling,
Converted Dwelling (two units)
bachelor
0.5 spaces/unit
one or more bedrooms
0.5 spaces/bedroom
Multiple Unit Dwelling (three units or more)
Converted Dwelling (three units or more)
bachelor
0.25 spaces/unit
one or more bedrooms
0.25 spaces/unit + 0.25 spaces/bedroom
All other uses
50% of parking requirements as set out in Tables 3.2,
3.3, 3.4, or 3.5
3.2.4
Design Standards for Parking Areas or Lots
Off-street parking lots for four or more vehicles are required to conform to the
following design standards:
a) the parking area shall be maintained with a stable surface that is treated to
prevent the raising of dust or loose particles;
b) a structure, not more than 4.5 m (15 ft) in height and not more than 4.5 m2 (48
ft2) in area may be erected in the parking area for the use of attendants;
c) each parking space shall be clearly marked where the parking area has a
permanent hard surface;
d) the parking area shall be graded to prevent surface water from ponding or
draining onto an adjacent property or public right-of-way;
e) the Traffic Authority may require a traffic impact study for large developments
to determine location and design elements of parking areas;
f)
a landscaped strip at least 3.0 m (10 ft) wide shall be provided and maintained
between the parking area and any abutting public right-of-way excepting any
driveways or pedestrian walkways;
g) all lighting shall comply with the illumination requirements set out in
subsection "1.1.14 Illumination";
h) no parking area shall be permitted in a front or flanking yard in the Downtown
Core (DC), Downtown Neighbourhood (DN), Urban Corridor (UC), General
Residential (GR), Urban Growth (UG), or Future Growth (FG) Zone;
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some uses will require a
3.5 m x 12.0 m loading space
1.5 m high fence or hedge and a 1.8 m
wide landscaped buffer required around
a parking area abutting a property in
the Downtown Neighbourhood (DN),
General Residential (GR), or Urban
Corridor (UC) Zone
3.0 m wide landscaped buffer
required between any parking
area and a public right-of-way
paved or stable
surface that does
not create dust
3.7 m x 5.5 m accessible
stall in accordance with
subsection 4.2.7(b)
In a Downtown Core (DC),
Downtown Neighbourhood (DN),
Urban Corridor (UC), Urban
Growth (UG), or Future Growth
(FG) Zone, the parking area must
be in a rear or side yard. Parking
area must be in the rear yard in
the General Residential (GR) Zone
2.75 m x 5.5 m
parking stalls
clearly
demarcated
stalls
6.0 m landscaped buffer
required where no fence
or hedge constructed
Figure 3.3: Parking Lot Design Standards
i)
a parking area in the General Residential (GR) Zone must be located in the rear
yard;
j)
no parking area shall be permitted on a property abutting a Downtown
Neighbourhood (DN), General Residential (GR), or Urban Corridor (UC) Zone
unless the parking area is:
i)
separated from the abutting property in the Downtown Neighbourhood
(DN), General Residential (GR), or Urban Corridor (UC) Zone by a landscaped
buffer that is at least 6.0 m (19.7 ft) wide; or
ii) separated from the abutting property in Downtown Neighbourhood (DN),
General Residential (GR), or Urban Corridor (UC) Zone by a landscaped
buffer that is at least 1.8 m (6 ft) wide where the parking area is also
screened by an opaque fence that is at least 1.5 m (5 ft) high or an
evergreen hedge that will form a solid visual barrier at least 1.5 m (5 ft)
high following one growing season;
k) parking lots with 40 or more spaces shall include 30.0 m2 (323 ft2) of landscaped
area for every 40 spaces or part thereof;
l)
no bay of parking spaces may extend for more than 55.0 m (180 ft) feet without
a landscaped area;
m) snow storage is not permitted to occupy any area required for parking or
loading;
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landscaped island
raised curb
landscaped island
with stormwater
infiltration
landscaped bump-out
parking stalls
parking stalls
2.75 m x 5.5 m
2.75 m x 5.5 m
3.7 m x 5.5 m
3.7 m x 5.5 m
accessible stall
accessible stall
maximum 55.0 m
without a landscaped
bump-out or island
7.5 m wide
aisle
Figure 3.4: Parking Lot Landscaping Requirements
n) curb cuts shall be provided near accessible stalls and barrier free entrances to
accommodate wheelchair access;
o) landscaped areas shall feature at least one deciduous shade tree along with at
least four durable shrubs; and
p) a landscape area shall consist of:
i)
an island or bump-out protected by a raised curb; or
ii) a swale where it forms part of a stormwater drainage system.
3.2.5
Parking and Loading Specifications
a) Parking stalls and aisles shall conform to the minimum dimensions specified in
Table 3.8.
b) The minimum dimensions for an accessible parking space shall be 3.7 m wide by
5.5 m deep (12.1 ft x 18.1 ft).
c) The minimum dimensions for a loading space shall be 3.5 m wide by 12.0 m long
(11.5 ft x 39.4 ft) with an unobstructed clear height of 3.5 m (11.5 ft).
d) The minimum dimensions for a parking space located within a parking structure
shall be 2.5 m x 5.0 m (8.2 ft x 16.4 ft).
e) Parking lots and loading areas must provide sufficient area to accommodate
any necessary vehicle movements entirely on-site, including a means for
vehicles to reverse direction where necessary, without interfering with vehicle
or pedestrian traffic within a public right-of-way or an adjacent property.
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Table 3.8: Parking Stall and Aisle Specifications
Configuration
Angle
Minimum Stall Dimensions
Minimum Aisle Width
Width
Length
Two Way
One Way
75o - 90o
2.75 m (9 ft)
5.5 m (18 ft)
7.3 m (24 ft)
7.3 m (24 ft)
60o - 75o
2.75 m (9 ft)
5.5 m (18 ft)
7.3 m (24 ft)
5.5 m (18 ft)
45o - 60o
2.75 m (9 ft)
5.5 m (18 ft)
7.3 m (24 ft)
4.0 m (13 ft)
30o - 45o
2.75 m (9 ft)
5.5 m (18 ft)
7.3 m (24 ft)
3.7 m (12 ft)
Parallel
2.75 m (9 ft)
6.7 m (22 ft)
7.3 m (24 ft)
3.7 m (12 ft)
3.2.6
Loading Spaces
a) Any manufacturing, storage, warehouse, department store, retail store,
wholesale store, market, freight or passenger terminal, hotel, hospital, mortuary
or other similar use that involves the frequent shipping, loading or unloading of
persons, animals or goods that occupies a floor area in excess of 230.0 m2 (2,476
ft2) shall be required to provide one off-street loading space for every 3,250.0
m2 (34,983 ft2), or part thereof, of floor area.
b) Notwithstanding Clause (a), in the Downtown Core (DC) Zone, the reuse of an
existing building will not require the development of any new off-street loading
space.
c) All off-street loading spaces shall be constructed and maintained in
conformance with the design standards for loading spaces set out in this
Section.
d) No loading space shall be located within any required front yard or be located
within any required yard which abuts a Residential or Public Use Zone.
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3.2.7
Driveway Specifications
a) For the purposes of this section, driveway widths shall be measured at the
street.
b) Driveways shall be situated at least 15.0 m (49 ft) from a intersection unless
otherwise permitted by the Town's Traffic Authority.
c) There shall be no more than two driveways from any one lot to any one street
unless additional driveways are permitted by the Town's Traffic Authority.
d) Driveways shall not exceed a width of 3.5 m (11.5 ft) for a one way-driveway or
7.0 m (23 ft) for a two-way driveway except:
i)
in the Industrial (M1) Zone where driveways shall not exceed a width of 11.0
m (36 ft); or
ii) where otherwise required or permitted by the Town's Traffic Authority.
e) The location and design elements of driveways, including but not limited to:
dimensions, throat length, spacing, grades, proximity to intersections, and the
maximum number of driveways are subject to approval by the Town's Traffic
Authority.
3.2.8
Access to a Public Street
No development permit shall be issued where required parking does not have direct
access to a public street.
3.2.9
Accessible Parking Requirements
Off-street parking facilities for more than four vehicles shall include one accessible
parking space for every 20 parking spaces or part thereof and the accessible parking
stall shall:
a) conform to the specifications set out in "1.2.5 Parking and Loading
Specifications";
b) be situated near any barrier free entrances, ramps, or access points;
c) have a stable, slip-resistant and level surface; and
d) shall be clearly identified as being reserved for the use of persons with
disabilities.
3.2.10 Vehicle Stacking for Drive-Thru Uses
a) Businesses providing drive-through services including but not limited to banks,
automatic car-wash facilities, and restaurants, shall provide stacking for
vehicle queuing in accordance with the requirements set out in Table 3.9 or as
otherwise required by the Traffic Authority.
b) All vehicle queuing shall be solely dedicated to queued vehicles and shall not
interfere with any other vehicle movement on site including parking stalls,
aisles, access and egress to and from the site.
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Table 3.10: Bicycle Parking Requirements
Type
Required Percentage
Minimum Stall Dimensions
Minimum Aisle
Width
Width
Length
Height
Vertical
Maximum 10%
0.9 m (3.0 ft)
1.15 m (3.8 ft)
2.25 m (7.4 ft)
1.5 m (4.9 ft)
Horizontal
No minimum or maximum
0.6 m (2.0 ft)
1.8 m (5.9 ft)
2.74 m (9.0 ft)
1.5 m (4.9 ft)
Oversized
Minimum 10%
0.9 m (3.0 ft)
2.6 m (8.5 ft)
2.74 m (9.0 ft)
1.5 m (4.9 ft)
Stacked (2 bikes)
Maximum 60%
0.86 m (2.8 ft)
2.0 m (6.6 ft)
2.74 m (9.0 ft)
2.1 m (6.9 ft)
Bike Locker (2 bikes)
Minimum 10%
0.86 m (2.8 ft)
1.8 m (5.9 ft)
1.2 m (3.9 ft)
1.5 m (4.9 ft)
3.2.11
Bicycle Parking
a) New multiple unit residential developments shall provide 0.2 bicycle parking
spaces per dwelling unit.
b) Required bicycle parking spaces shall be located in a secure indoor facility.
c) The entry door to a bicycle room or other indoor facility must be at least 91.4
cm (36 in) wide.
d) Required bicycle parking stalls will conform to the minimum specifications set
out in Table 3.10.
e) Required bicycle parking may consist of a variety of stall types, provided the
number of each stall type conforms to the required percentages set out in Table
3.10.
3.2.12 Parking of Commercial Motor Vehicles
a) A commercial motor vehicle that has more than two axles or that is over 7.5
m (24.6 ft) in length may not be parked or stored in a General Residential (GR),
Downtown Neighbourhood (DN), Urban Corridor (UC), or Future Growth (FG)
Zone.
b) No more than three commercial motor vehicles may be parked or stored on a
property in a General Residential (GR), Downtown Neighbourhood (DN), Urban
Corridor (UC), or Future Growth (FG) Zone.
Table 3.9: Drive-Thru Vehicle Stacking Requirements
Use
Stacking Requirement
Fast Food Restaurant
Drive-Thru
Stacking for four (4) cars between the order board and the pick-up window and stacking for six (6) cars
behind the order board. Total queuing length shall not be less than 61.0 m (200 ft).
Coffee Shop Drive-Thru
Stacking for four (4) cars between the order board and the pick-up window and stacking for ten (10) cars
behind the order board. Traffic Authority may require a traffic impact statement
Bank Drive-Thru
Stacking for five (5) cars.
Car Wash
Stacking for three (3) cars free and clear of the service bay/stall.
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3.2.13 Cash-in-lieu of Required Parking
In the Downtown Core (DC), Downtown Neighbourhood (DN) or Urban Corridor (UC)
Zones, a development permit may be issue for a proposal with less than the amount
of parking spaces required provided the applicant pays the Town an amount equal to
125% of the cost of acquiring land and developing the required number of parking
spaces within the Downtown area.
3.3 SIGNAGE
3.3.1
General
a) Where this section is inconsistent with the regulations respecting advertising
signs on or near public highways made or administered by the Province of Nova
Scotia Department of Highways, the more restrictive regulations shall apply.
b) No person shall erect a sign without first obtaining a development permit from
the Development Officer and no permit to erect a sign shall be issued unless all
the provisions of this by-law are satisfied.
c) Unless otherwise indicated in this section all signs must have a development
permit issued prior to being erected.
d) Any sign that is attached to a building, such as a roof sign or projecting wall
sign, may require a building permit in addition to a development permit.
e) A development permit for a shall be issued by the Development Officer only
when the sign conforms to this By-law and, if applicable, the National Building
Code.
f)
Unless otherwise permitted by this By-law, no sign shall extend beyond a
property line or project over a public right-of-way, other adjoining lands, or
daylighting triangles.
g) All height measurements are from established grade to top of sign, sign
structure, or any portion thereof.
3.3.2
Signs Permitted in all Zones Not Requiring a Development Permit
The following signs are permitted in all zones and no sign permit is required for their
erection:
a) signs of not more than 0.2 m2 (2.2 ft2) in sign area, showing a civic address;
b) signs of not more than 0.2 m2 (2.2 ft2) in sign area, showing the name of a
resident or an occupier;
c) "no trespassing" signs or other signs regulating the use of a property, and of
not more than 0.2 m2 (2.2 ft2) in sign area;
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d) real estate signs which advertise the sale, rental or lease of the premises
and which do not exceed 3.0 m2 (32.8 ft2) per side in all zones except the
General Residential (GR), Future Growth (FG), Rural Residential (RR), Watershed
Residential (WR), or Downtown Neighbourhood (DN) Zone where the sign area
shall not exceed 0.6 m2 (6.5 ft2) per side;
e) signs regulating or denoting on-premises traffic, or parking, or other signs
denoting the direction or function of various parts of a building or premises,
provided that such signs are less than 0.5 m2 (5.4 ft2) in area;
f)
signs erected by governmental authority and bearing no commercial
advertising, such as traffic signs, railway crossing signs, and safety signs;
g) memorial signs or tablets, and signs of not more than 0.2 m2 (2.2 ft2) denoting
the date of erection of a building;
h) the flag, pennant or insignia of any nation, province or state or of any religious
or charitable organization;
i)
signs painted on the surface of a window or affixed to the interior surface of a
window;
j)
a sign having an area of not more than 3.0 m2 (32.8 ft2) incidental to
construction and within the area of such construction; and
k) a sign having an area of not more than 0.6 m2 (6.5 ft2) per side and which
displays the words "open" or lists a businesses hours of operation.
3.3.3
Signs Prohibited in all Zones
The following signs are prohibited in all zones:
a) any sign or sign structure which constitutes a hazard to public safety or health;
b) signs which by reason of size, location, content, colouring or manner of
illumination obstructs the vision of drivers or obstructs or detracts from the
visibility or effectiveness of any traffic sign or control device on public streets
or roads;
c) signs which obstructs the required egress from any premise;
d) signs which obstruct the movement of pedestrians or snow clearing equipment
on a public sidewalk;
e) signs not erected by a public authority which make use of words such as
"STOP", "LOOK", "ONE WAY", "DANGER", "YIELD", or any similar words, phrases,
symbols, lights or characters in such manner as to interfere with, mislead, or
confuse traffic along a public road;
f)
any sign which advertises a business that is no longer conducted;
g) signs on public property or a public right-of-way unless erected by a
governmental body, or unless specially permitted by Council;
h) signs not erected by a public authority which are located at or near sharp road
curves or below the crest of a steep road grade;
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i)
signs painted on, attached to, or supported by a tree, stone, cliff or other
natural object;
j)
search lights, pennants, spinners, banners, inflated balloons, inflated characters,
and streamers except when a temporary sign permit has been issued or as a
special occasion use;
k) signs that promote illegality, hatred or discrimination;
l)
signs not related to any business or use located on the lot or premises; and
m) signs on utility poles.
3.3.4
Sign Illumination
a) Signage for a permitted commercial use on a property within a General
Residential (GR), Downtown Neighbourhood (DN), Urban Corridor (UC), Rural
Residential (RR), or Watershed Residential (WR) Zone shall:
i)
only be illuminated during regular business hours; and
ii) not be illuminated by spot lights that cause an adjacent property to be
directly illuminated.
b) Signage for a permitted commercial use on a property within 30 m (98.4 ft) of
a General Residential (GR), Downtown Neighbourhood (DN), Urban Corridor (UC),
Rural Residential (RR), or Watershed Residential (WR) Zone shall:
i)
only be illuminated during regular business hours; and
ii) not be illuminated by spot lights that cause an adjacent property to be
directly illuminated.
3.3.5
Safety and Maintenance
a) Every sign and all parts thereof, including framework, supports, background,
anchors and wiring systems shall be constructed and maintained in compliance
with the building, electrical, and fire prevention by-laws.
b) All signs and all parts thereof shall be maintained and kept in a good state of
repair.
3.3.6
Calculating the Number and Area of Signs
a) A double-faced sign shall count as a single sign.
b) Signs identified in "1.3.2 Signs Permitted in all Zones Not Requiring a
Development Permit" shall not be included when calculating the total number of
signs permitted.
c) When calculating the area of a facade to determine the allowable size of a facial
wall sign, the calculation shall include the entire face of a building including any
windows, doors, loading bays or similar feature.
d) When calculating the area of a sign that consists of freestanding characters or
figures individually placed on a large surface such as a wall or awning, the sign
area shall be the area of a simple polygon that encompasses the characters or
figures that constitute the sign.
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Figure 3.7: Ground Signs
Figure 3.5: Awning Signs
Figure 3.6: Roof Signs
3.3.7
Sign Types
a) Signs are regulated based on the type of sign and for the
purposes of this By-law signs are categorized into one of
the following types, as illustrated in Figures 3.5 to 3.10.
i)
Ground Signs
ii) Projecting Wall Signs
iii) Awning Signs
iv) Temporary Signs
v) Roof Signs
vi) Facial Wall Signs
b) Where a proposed sign does not clearly fall into one
of the typologies listed in Clause (a), the Development
Officer shall determine which sign type best matches
the proposed sign and then apply the corresponding
regulations.
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Figure 3.10: Facial Wall Signs
Figure 3.8: Projecting Wall Signs
Figure 3.9: Temporary Signs
Sandwich Board Type
Portable Type
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3.3.8
Setback Requirements for Signs
Unless otherwise permitted by this By-law, no part of any sign structure or support
may be within a setback requirement specified in this part.
3.3.9
Permitted Signage by Zone
Subject to all other applicable requirements set out in this Section, the type, number,
and dimensions of signage permitted in each zone as well as special conditions that
apply to each sign type are set out in Tables 3.11 to 3.18.
3.3.10 Temporary Signs
a) Portable type temporary signs (see Figure 3.9) are subject to the following
requirements:
i)
the Development Officer may issue a temporary sign permit upon obtaining
from the applicant a refundable deposit in the amount of one hundred
dollars ($100.00);
ii) the deposit shall not be refunded if the sign is not removed or if there are
any other violations of the terms and conditions of the temporary sign
permit;
iii) such violations shall result in the prohibition of any sign permit being
issued within 180 days; and
iv) permits for such sign shall be issued for a period of 30 days then may not
be renewed again for a period of 90 days for each lot application.
Table 3.11: Permitted Signage in the Urban Growth (UG) Zone
UG
Sign Type
Dimensions
Conditions
Maximum Number
Ground
Sign
Max. Area/Face
4.5 m2 (48.4 ft2)
Not permitted in a required yard abutting a General Residential
(GR), Future Growth (FG), Rural Residential (RR), Watershed
Residential (WR), Downtown Neighbourhood (DN), or Urban
Corridor (UC) Zone. Must be 45 m (147.6 ft) or more from
another ground sign on the same property.
1 Ground Sign for every
60.0 m (196.8 ft) of public
street frontage or part
thereof
plus
1 facial wall sign/awning
sign per property or 1
facial wall sign/awning
sign per business
premises
plus
1 sandwich board type
sign for each business
premise and 1 portable
type sign per property at
any given time.
Total Area
9.0 m2 (96.9 ft2)
Max. Height
4.5 m (14.8 ft)
Facial
Wall Sign
Max. Area/Face
2.5 m2 (26.9 ft2)
No facial wall signs are permitted on a wall facing a rear or
side yard that is within 15.0 m (49.2 ft) of a General Residential
(GR), Future Growth (FG), Rural Residential (RR), Watershed
Residential (WR), or Downtown Neighbourhood (DN) Zone.
Total Area
2.5 m2 (26.9 ft2)
Max. Height
n/a
Awning
Sign
Max. Area/Face
10 % of facade
Permitted on an awning erected no less than 2.5 m (8.2 ft) and
no more than 6.0 m (19.7 ft) from grade. Sign must be affixed to
a building's front or flanking facade.
Total Area
10 % of facade
Max. Height
n/a
Temporary
Sign
Max. Area/Face
3.0 m2 (32.3 ft2)
Portable Type temporary sign not permitted in a required yard
abutting a General Residential (GR), Future Growth (FG), Rural
Residential (RR), Watershed Residential (WR), or Downtown
Neighbourhood (DN) Zone
Total Area
6.0 m2 (64.6 ft2)
Max. Height
2.0 m (6.5 ft)
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Table 3.12: Permitted Signage in the Urban Corridor (UC) Zone
UC
Sign Type
Dimensions
Conditions
Maximum Number
Ground
Sign
Max. Area/Face
3.5 m2 (37.7 ft2
Not permitted in a required yard abutting a General Residential
(GR), Future Growth (FG), Rural Residential (RR), Watershed
Residential (WR), or Downtown Neighbourhood (DN) Zone.
1 Ground Sign
plus
1 projecting wall/awning/
facial sign per property or
1 projecting wall/awning/
facial sign per business
premises
plus
1 sandwich board type
sign for each business
premise and 1 portable
type sign per property at
any given time.
Total Area
7.0 m2 (75.4 ft2)
Max. Height
2.0 m (6.6 ft)
Projecting
Wall Sign
Max. Area/Face
0.6 m2 (6.5 ft2)
Permitted only on a front or flanking facade. Must be erected
no less than 3.0 m (9.8 ft) and no more than 6.0 m (19.7 ft) from
grade. No sign face dimension shall exceed 1.5 m (4.9 ft).
Total Area
1.2 m2 (12.9 ft2)
Max. Height
n/a
Facial
Wall Sign
Max. Area/Face
2.5 m2 (26.9 ft2)
No facial wall signs are permitted on a wall facing a rear or
side yard that is within 15.0 m (49.2 ft) of a General Residential
(GR), Future Growth (FG), Rural Residential (RR), Watershed
Residential (WR), or Downtown Neighbourhood (DN) Zone.
Total Area
2.5 m2 (26.9 ft2)
Max. Height
n/a
Awning
Sign
Max. Area/Face
10 % of facade
Permitted on an awning erected no less than 2.5 m (8.2 ft) and
no more than 6.0 m (19.7 ft) from grade. Sign must be affixed to
a building's front or flanking facade over the entrance to the
advertised use or business premise.
Total Area
10 % of facade
Max. Height
n/a
Temporary
Sign
Max. Area/Face
3.0 m2 (32.3 ft2)
Portable Type temporary sign not permitted in a required yard
abutting a General Residential (GR), Future Growth (FG), Rural
Residential (RR), Watershed Residential (WR), or Downtown
Neighbourhood (DN) Zone
Total Area
6.0 m2 (64.6 ft2)
Max. Height
2.0 m (6.5 ft)
Table 3.13: Permitted Signage in the Parks & Open Space (PO) and Commercial
Recreation (CR) Zones
PO CR
Sign Type
Dimensions
Conditions
Maximum Number
Ground
Sign
Max. Area/Face
4.5 m2 (48.4 ft2)
Not permitted in a required yard abutting a General Residential
(GR), Future Growth (FG), Rural Residential (RR), Watershed
Residential (WR), Downtown Neighbourhood (DN) Zone.
1 Ground Sign
plus
1 facial wall sign/awning
sign per property or 1
facial wall sign/awning
sign per business
premises
plus
1 sandwich board type
sign for each business
premise and 1 portable
type sign for every 150.0
m (492.1 ft) of public
street frontage or part
thereof.
Total Area
9.0 m2 (96.9 ft2)
Max. Height
4.5 m (14.8 ft)
Facial
Wall Sign
Max. Area/Face
10 % of facade
Not permitted on a wall facing a rear or side yard that is within
15.0 m (49.2 ft) of a General Residential (GR), Future Growth (FG),
Rural Residential (RR), Watershed Residential (WR), Downtown
Neighbourhood (DN) or Urban Corridor (UC) Zone.
Total Area
10 % of facade
Max. Height
n/a
Awning
Sign
Max. Area/Face
10 % of facade
Not permitted on a wall facing a rear or side yard that is within
15.0 m (49.2 ft) of a General Residential (GR), Future Growth (FG),
Rural Residential (RR), Watershed Residential (WR), Downtown
Neighbourhood (DN) or Urban Corridor (UC) Zone.
Total Area
10 % of facade
Max. Height
n/a
Temporary
Sign
Max. Area/Face
4.5 m2 (48.4 ft2)
Not permitted in a required yard abutting a General Residential
(GR), Future Growth (FG), Rural Residential (RR), Watershed
Residential (WR), Downtown Neighbourhood (DN) Zone, or
Urban Corridor (UC) Zone. Portable signs must be 45 m (147.6
ft) or more from another portable sign on the same property.
Total Area
9.0 m2 (96.9 ft2)
Max. Height
3.0 m (9.8 ft)
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Table 3.14: Permitted Signage in the Downtown Core (DC) Zone
DC
Sign Type
Dimensions
Conditions
Maximum Number
Ground
Sign
Max. Area/Face
3.5 m2 (37.7 ft2)
Not permitted in a required yard abutting a General Residential
(GR), Future Growth (FG), Rural Residential (RR), Watershed
Residential (WR), Downtown Neighbourhood (DN) Zone. Any
part of the sign or sign structure must be set back from any
property line a distance equal to or greater than 1/3 the height
of the sign.
1 Ground Sign
plus
1 Roof Sign
plus
1 projecting wall/awning/
facial wall sign per
property or 1 projecting
wall/awning/facial
wall sign per business
premises
plus
1 sandwich board type
sign for each business
premise and 1 portable
type sign per property at
any given time.
plus
1 additional sign of each
type, excluding roof signs,
if the property is a corner
or through lot, additional
signs to be located along
the flanking or rear
frontage
Total Area
7.0 m2 (75.4 ft2)
Max. Height
2.0 m (6.6 ft)
Projecting
Wall Sign
Max. Area/Face
3.5 m2 (37.7 ft2)
Must be erected no less than 3.0 m (9.8 ft) and no more than 6.0
m (19.7 ft) from grade. May extend over a public right-of-way no
more than 66% the width of the sidewalk. Sign must be affixed
to a building's front or flanking facade over the entrance to the
advertised use or business premise.
Total Area
7.0 m2 (75.4 ft2)
Max. Height
n/a
Roof
Sign
Max. Area/Face
10 % of facade
Must be designed and approved by a Professional Engineer or
Architect. Must not extend beyond the edge of the roof to which
the sign is affixed. No part of the sign may be situated above
the height limit of the applicable zone. Sign must be aligned
with the building's front or flanking facade.
Total Area
10 % of facade
Max. Height
3.0 m (9.8 ft)
Facial
Wall Sign
Max. Area/Face
10 % of facade
Not permitted on a wall facing a rear or side yard that is within
15.0 m (49.2 ft) of a General Residential (GR), Future Growth (FG),
Rural Residential (RR), Watershed Residential (WR), Downtown
Neighbourhood (DN) or Urban Corridor (UC) Zone.
Total Area
10 % of facade
Max. Height
n/a
Awning
Sign
Max. Area/Face
10 % of facade
Permitted on an awning erected no less than 2.5 m (8.2 ft) and
no more than 6.0 m (19.7 ft) from grade. Sign must be affixed to
a building's front or flanking facade over the entrance to the
advertised use or business premise.
Total Area
10 % of facade
Max. Height
n/a
Temporary
Sign
Max. Area/Face
1.5 m2 (16.2 ft2)
Only sandwich board type signage permitted. One sign may
be placed within public right-of-way adjacent to the business
premise being advertised. Sign may be placed during regular
hours of operation only. Sign must not interfere with the flow of
pedestrian or vehicular traffic or pose a safety hazard.
Total Area
3.0 m2 (32.8 ft2)
Max. Height
1.2 m (3.9 ft)
Table 3.15: Permitted Signage in the General Residential (GR), Future Growth (FG),
Watershed Residential (WR), and Rural Residential (RR) Zones
GR FG WR RR
Sign Type
Dimensions
Conditions
Maximum Number
Ground
Sign
Max. Area/Face
1.0 m2 (10.8 ft2)
Permitted only in a front or flanking yard.
1 ground sign per
property
plus
1 facial wall sign per
property or 2 signs per
property on a corner lot
Total Area
2.0 m2 (21.5 ft2)
Max. Height
1.5 m (4.9 ft)
Facial
Wall Sign
Max. Area/Face
1.0 m2 (10.8 ft2)
Permitted only on a front or flanking facade.
Total Area
1.0 m2 (10.8 ft2)
Max. Height
n/a
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Table 3.17: Permitted Signage in the Environmental Reserve (ER) and Flood Plain (FP) Zones
ER FP
Sign Type
Dimensions
Conditions
Maximum Number
Ground
Sign
Max. Area/Face
3.0 m2 (32.3 ft2)
Not permitted within 15.0 m (49.2 ft) of a General Residential
(GR), Future Growth (FG), Rural Residential (RR), Watershed
Residential (WR), Downtown Neighbourhood (DN) Zone.
1 ground sign per
property
plus
1 temporary sign per
property
Total Area
6.0 m2 (64.6 ft2)
Max. Height
2.0 m (6.6 ft)
Temporary
Sign
Max. Area/Face
4.5 m2 (48.4 ft2)
Not permitted within 15.0 m (49.2 ft) of a General Residential
(GR), Future Growth (FG), Rural Residential (RR), Watershed
Residential (WR), or Downtown Neighbourhood (DN) Zone
Total Area
9.0 m2 (96.9 ft2)
Max. Height
3.0 m (9.8 ft)
Table 3.16: Permitted Signage in the Regional Service (RS) and Business Industrial (BI) Zone
RS BI
Sign Type
Dimensions
Conditions
Maximum Number
Ground
Sign
Max. Area/Face
26.0 m2 (279.9 ft2)
Not permitted in a required yard abutting a General Residential
(GR), Future Growth (FG), Rural Residential (RR), Watershed
Residential (WR), Downtown Neighbourhood (DN) Zone, or
Urban Corridor (UC) Zone. Must be 45 m (147.6 ft) or more from
another ground sign on the same property.
1 ground sign for every
150.0 m (492.1 ft) of public
street frontage or part
thereof
plus
1 projecting wall/awning/
facial wall sign per
property or 1 projecting
wall/awning/facial
wall sign per business
premises
plus
1 roof sign for every 150.0
m (492.1 ft) of public
street frontage or part
thereof
plus
1 temporary sign for every
150.0 m (492.1 ft) of public
street frontage or part
thereof
plus
1 additional sign of each
type, excluding roof signs,
if the property is a corner
or through lot, additional
signs to be located along
the flanking or rear
frontage
Total Area
52.0 m2 (559.7 ft2)
Max. Height
10.5 m (34.5 ft)
Projecting
Wall Sign
Max. Area/Face
3.5 m2 (37.7 ft2)
Not permitted on a wall facing a rear or side yard that is within
15.0 m (49.2 ft) of a General Residential (GR), Future Growth (FG),
Rural Residential (RR), Watershed Residential (WR), Downtown
Neighbourhood (DN) or Urban Corridor (UC) Zone.
Total Area
7.0 m2 (75.4 ft2)
Max. Height
n/a
Roof
Sign
Max. Area/Face
10 % of facade
Must be designed and approved by a Professional Engineer
or Architect. Must not extend beyond the edge of the roof to
which the sign is affixed. Sign must not exceed the height limit
of the applicable zone.
Total Area
10 % of facade
Max. Height
4.0 m (13.1 ft)
Facial
Wall Sign
Max. Area/Face
10 % of facade
Not permitted on a wall facing a rear or side yard that is within
15.0 m (49.2 ft) of a General Residential (GR), Future Growth (FG),
Rural Residential (RR), Watershed Residential (WR), Downtown
Neighbourhood (DN) or Urban Corridor (UC) Zone.
Total Area
10 % of facade
Max. Height
n/a
Awning
Sign
Max. Area/Face
10 % of facade
Not permitted on a wall facing a rear or side yard that is within
15.0 m (49.2 ft) of a General Residential (GR), Future Growth (FG),
Rural Residential (RR), Watershed Residential (WR), Downtown
Neighbourhood (DN) or Urban Corridor (UC) Zone.
Total Area
10 % of facade
Max. Height
n/a
Temporary
Sign
Max. Area/Face
4.5 m2 (48.4 ft2)
Not permitted in a required yard abutting a General Residential
(GR), Future Growth (FG), Rural Residential (RR), Watershed
Residential (WR), Downtown Neighbourhood (DN) Zone, or
Urban Corridor (UC) Zone. Portable signs must be 45 m (147.6
ft) or more from another portable sign on the same property.
Total Area
9.0 m2 (96.9 ft2)
Max. Height
3.0 m (9.8 ft)
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3.3.11
Street Banners
A development permit may be issued for a street banner subject to the following
requirements:
a) Street banners shall only be permitted at the following locations:
i)
Holiday Inn, Prince Street
ii) Caldwell Roach, Prince Street
iii) Library, Prince Street
iv) Armouries, Willow Street
v) Stanfield Park, Walker Street
b) Banners shall only be permitted for special events including artistic, athletic
and cultural events, as well as events designed to raise public awareness.
c) Banners shall only display special events held by charitable and non-profit
organizations or special events sponsored by the Town of Truro.
d) Banners shall be limited to the name of event, date and sponsor.
e) Banners shall not:
i)
express political, ideological, religious or individual convictions;
ii) express or advertise an event that promotes illegality, hatred or
discrimination; or
iii) be intended for purely commercial or profit-making purposes.
f)
No development permit for a banner shall be issued to a political organization
or an organization that promotes illegality, hatred or discrimination.
Table 3.18: Permitted Signage in the Downtown Neighbourhood (DN) Zone
DN
Sign Type
Dimensions
Conditions
Number
Ground
Sign
Max. Area/Face
1.0 m2 (10.8 ft2)
Permitted only in a front or flanking yard.
1 Ground Sign
plus
1 projecting wall/facial
wall sign per property or
1 projecting wall/awning/
facial sign per business
premises
plus
1 sandwich board type
sign for each business
premises
Total Area
2.0 m2 (21.5 ft2)
Max. Height
1.5 m (4.9 ft)
Projecting
Wall Sign
Max. Area/Face
0.6 m2 (6.5 ft2)
Permitted only on a front or flanking facade. Must be erected
no less than 3.0 m (9.8 ft) and no more than 6.0 m (19.7 ft) from
grade. No sign face dimension shall exceed 1.5 m (4.9 ft).
Total Area
0.6 m2 (12.9 ft2)
Max. Height
n/a
Facial
Wall Sign
Max. Area/Face
1.0 m2 (10.8 ft2)
Permitted only on a front or flanking facade.
Total Area
1.0 m2 (10.8 ft2)
Max. Height
n/a
Temporary
Sign
Max. Area/Face
1.5 m2 (16.2 ft2)
Only sandwich board type signage permitted. One sign may
be placed within public right-of-way adjacent to the business
premise being advertised. Sign may be placed during regular
hours of operation only. Sign must not interfere with the flow of
pedestrian or vehicular traffic or pose a safety hazard.
Total Area
3.0 m2 (32.8 ft2)
Max. Height
1.2 m (3.9 ft)
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g) No banner shall be affixed to Nova Scotia Power Corporation utility poles.
h) Banners are to be located 4.3 m (14.0 ft) above street level.
i)
No more than two (2) banners may be erected for each special event.
j)
A $100 deposit must be paid with each development permit application for a
street banner.
k) A banner may be displayed for a period of 30 days.
l)
A banner may not display an event that was displayed on a banner within the
last 60 days.
m) If two (2) banners for one special event are displayed, the number of days
one banner is to be displayed shall be added to the number of days the other
banner is to be displayed and the total number of days for the two banners
shall not exceed 30 days.
n) Banners shall be designed to have wind vents cut in the fabric to reduce wind
load.
o) Banners with supporting ropes passing through electrical wires must have the
approval of the Nova Scotia Power Corporation.
p) The installation and removal of banners is the responsibility of the applicant
and shall be done by an insured installer certified by the Nova Scotia Safety
Construction Association.
q) Banners that have become unsafe may be removed by the Town at the
applicant's expense and the amount of such expenses shall be deducted from
the deposit referred to in Clause (j).
r)
The applicant is responsible for any and all damage or injury resulting from
poor maintenance, improper installation or other workmanship for the duration
of the installation.
3.3.12 Off-site Signage
Notwithstanding Clause (l) of subsection "1.3.3 Signs Prohibited in all Zones", a
development permit may be issued for a sign which advertises a business or a use
not located on the lot or premises provided that:
a) the property containing the off-site signage abuts the property containing the
business or use being advertised;
b) only one off-site sign is permitted for a business premise or use pursuant to
this subsection;
c) an off-site sign counts towards the maximum number of signs permitted on the
property where the sign is located; and
d) the proposed signage complies with all other applicable requirements of this
by-law respecting signage.
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3.3.13 Sponsorship Signage on Town Owned Recreational Lands
Sponsorship signage on Town owned recreational lands shall be exempt from
the provisions of this bylaw. No development permit is required. All approvals for
sponsorship signage on Town owned recreational lands shall be subject to the
approval of the Town Parks and Recreation Committee.
3.3.14 Signs Identifying Residential Developments
a) A ground sign identifying the name and civic address of a residential
development with 12 or more dwelling units or a sign identifying the name of a
residential subdivision may be permitted subject to the following requirements:
i)
the maximum sign area shall be 1.5 m2 (16.2 ft2) ;
ii) the total area of all sign faces shall not exceed 3.0 m2 (32.3 ft2);
iii) the maximum height of the sign shall be 1.5 m (4.9 ft); and
iv) the sign shall be set back a minimum of 1.5 m (4.9 ft) from any property
line.
b) A facial wall or awning sign identifying the name and civic address of a
residential development with 12 or more dwelling units may be permitted
provided the sign area does not exceed 1.5 m2 (16.2 ft2) ;
3.4 URBAN AGRICULTURAL USES
The requirements of this section shall apply to all urban agricultural uses where
livestock are bred and raised, not including pets.
3.4.1
Animal Units
a) Table 3.19 lists types of animals relative to the amount of animal units permitted
on a lot.
b) For animals not listed in table 3.19, the Development Officer shall regulate
animals based on their approximate equivalent in the categories below based on
the body weight of a mature animal and the amount of noise normally produced
by the animal.
Table 3.19: Animal Units
Type of Animal
Animal Unit Equivalency
1 Cattle, Horse, Deer, Llama, Donkey
44 Units
1 Sheep, Pony, Emu, Swine
24 Units
1 Duck, Pheasant, Turkey, Goose
6 Units
1 Beehive
1 Unit
1 Chicken
1 Unit
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3.4.2
Calculating Animal Units
a) Animals are permitted only on lots at least 465.0 m2 (5,000 ft2) in size.
b) One animal unit is permitted for every 93.0 m2 (1,000 ft2) of lot area.
c) In the case of fractional numbers when calculating animal units, round down for
the amount of animal units permitted.
3.4.3
General Requirements
a) Any urban agricultural use that includes the keeping of any livestock or animal
must be accessory to a use that is permitted use within the zone where the
urban agricultural use is located.
b) For all animals, except for chickens and bees, at least 75% of the required lot
area must be dedicated to the pasturage or sheltering of animals.
c) Roosters and swine (excluding pot-bellied pigs) are prohibited in all Zones
excluding the Rural Residential (RR) Zone and Watershed Residential (WR) Zone.
d) Animal feed must be properly stored in enclosed vessels, and areas or
enclosures intended for the keeping of animals must be properly cleaned and
maintained to prevent odours from emanating onto abutting properties.
e) Any animal barn, kennel, stable, coop, or other structure intended for the
keeping of animals, any animal run, hive, grazing area or open air enclosure are
permitted in rear yards only.
f)
Animals may not be housed in any structure used for human habitation.
g) The sale of eggs, meat, honey, manure, or any other product derived from the
domestic keeping of animals is prohibited in all Residential Zones.
h) The slaughter of any animal is prohibited in all residential Zones. Animals may
only be euthanized by a veterinarian or an appropriate body which can act
lawfully.
3.4.4
Animal Shelter Setback Requirements
The following requirements shall apply to any animal barn, kennel, stable, coop, or
other structure intended for the keeping of animals, excluding beehives which are
subject to special regulations set out in Subsection 4.4.6 of this By-law.
a) Any animal barn, kennel, stable, coop, or other structure intended for the
keeping of animals must maintain a minimum setback of 4.5 m (15 ft) from any
abutting property line.
b) Any animal run, grazing area or open air enclosure must maintain a minimum
setback of 3.0 m (10 ft) from any and all abutting property lines.
c) Any animal barn, kennel, stable, coop, or other structure intended for the
keeping of animals must maintain a minimum distance of 4.5 m (15 ft) from any
dwelling.
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3.4.5
Buffering Requirements
In addition to any applicable requirements of this By-law, where an Urban Agricultural
use is deemed incompatible with the abutting properties, the Development Officer
may require that the abutting yard:
a) be entirely landscaped with a combination of existing and planted trees which
are:
i)
spaced in a staggered manner at intervals of 3.0 m (10 ft) on centre over
the entire area;
ii) be a minimum of 1.5 m (5 ft) in height at the time of planting;
iii) be at least 75% coniferous trees indigenous to the area; or
b) contain a berm that is a minimum of 2.0 m (6.6 ft) in height with at least a 7.0 m
(23 ft) wide base, which is landscaped with trees and bushes of at least 0.6 m (2
ft) in height at the time of planting and spaced at least 6.0 m (19.7 ft) on centre;
or
c) contain a fence that shall be erected along the abutting property line which:
i)
has the finished side facing the abutting property;
ii) is of a residential design;
iii) forms a visual barrier from grade to 1.8 m (6.0 ft) high;
iv) is a minimum of 1.8 m (6.0 ft) high from ground to the top horizontal
member; and
v) extends a minimum of 6.0 m (19.7 ft) horizontally.
3.4.6
Special Regulations for Beekeepers
It shall be the responsibility of beekeepers to:
a) Obtain a valid Beekeeper & Apiary Registration from the Nova Scotia
Department of Agriculture, and conform to all policies pursuant to the Nova
Scotia Bee Industry Act.
b) Adhere to good management practices and maintain bees in a condition that
will reasonably prevent swarming and aggressive behaviour, especially in
providing adequate water to prevent bees from seeking water on abutting
properties.
c) Requeen bees when necessary to prevent undue swarming or aggressive
behaviour.
d) Collect and relocate bee swarms originating from a managed hive to a parcel of
land outside of the Town.
e) Ensure the appropriate height of bee flight paths by:
i)
situating beehives a minimum of 2.15 m (7 ft) above grade; or
ii) placing a solid fence that is 1.8 m (6.0 ft) in height along any section of
abutting property line(s), within 9.0 m (29.5 ft) of any bee hive.
f)
Beehive entrances are situated away from neighbouring properties, and the
beehives are a minimum of 3.0 m (10 ft) from any and all abutting property lines.
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Table 3.20: Maximum Impermeable Surface Area by Zone
Zone
Max. Impermeable Surface
DC
Downtown Core (DC)
75 %
UC
Urban Corridor (UC)
75 %
UG
Urban Growth (UG)
60 %
DN
Downtown Neighbourhood (DN)
50 %
GR
General Residential (GR)
40 %
RS
Regional Service (RS)
70 %
BI
Business Industrial (BI)
60 %
FG
Future Growth (FG)
40 %
RR
Rural Residential (RR)
25 %
WR
Watershed Residential (WR)
25 %
PO
Parks & Open Space (PO)
35 %
CR
Commercial Recreation (CR)
35 %
ER
Environmental Reserve (ER)
10 %
FP
Floodplain (FP)
10 %
3.5 STORMWATER MANAGEMENT
3.5.1
Impermeable Surface Allowances
Except where permitted in accordance with "1.5.2 Exceeding Impermeable Surface
Allowances", no development permit shall be issued for a development that would:
a) exceed the maximum impermeable surface area found in Table 3.20 and in the
applicable Zone Requirements table for each zone; or
b) permit the expansion of an existing development that currently meets or
exceeds the maximum impermeable surface area found in Table 3.20 and in the
applicable Zone Requirements table for each zone.
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SWM Practice
Description
Application
Enhanced Swales
Enhanced grass swales are vegetated open channels designed to
convey, treat and attenuate stormwater runoff (also referred to
as enhanced vegetated swales). Check dams and vegetation in the
swale slows the water to allow sedimentation, filtration through
the root zone and soil matrix, evapotranspiration, and infiltration
into the underlying native soil. Simple grass channels or ditches
have long been used for stormwater conveyance, particularly for
roadway drainage. Enhanced grass swales incorporate design
features such as modified geometry and check dams that improve
the contaminant removal and runoff reduction functions of simple
grass channel and roadside ditch designs.
4% Credit to Impermeable Surface Limit
Table 3.21: Stormwater Management Improvements
3.5.2
Exceeding Impermeable Surface Allowances
The Maximum Impermeable Surface Area limits in Table 3.20 and in the applicable
Zone Requirements table for each zone may be increased up to an additional 20%
provided:
a) the development incorporates one or more stormwater management
improvements as described in Table 3.21; and
b) the amount by which the Maximum Impermeable Surface Area may be exceeded
is calculated by totalling the percentage credit(s) that correspond to each
improvement in Table 3.21 that has been implemented.
c) A development permit may be issued for a development proposal that
exceeds the Maximum Impermeable Surface Area limits and the increased
limit permitted in accordance with clause (a) provided the developer submits
a stormwater management plan prepared by a professional engineer that
demonstrates, to the satisfaction of the Town Engineer, that the proposed
development will not result in an increase in the volume or peak flow of
stormwater run-off from the site.
3.5.3
Stormwater Management Design Manual
Except where otherwise approved by the Town Engineer, stormwater management
improvements and stormwater management plans required pursuant to this section
will employ stormwater management techniques designed and implemented in
accordance with the Town's Stormwater Management Design Manual.
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SWM Practice
Description
Application
Dry Swales
A dry swale can be thought of as an enhanced grass swale
that incorporates an engineered filter media bed and optional
perforated pipe underdrain or a bioretention cell configured as a
linear open channel. They can also be referred to as infiltration
swales or bio-swales. Dry swales are similar to enhanced grass
swales in terms of the design of their surface geometry, slope,
check dams and pretreatment devices.
They are similar to bioretention cells in terms of the design of the
filter media bed, gravel storage layer and optional underdrain.
In general, they are open channels designed to convey, treat and
attenuate stormwater runoff. Vegetation or aggregate material
on the surface of the swale slows the runoff water to allow
sedimentation, filtration through the root zone and engineered soil
bed, evapotranspiration, and infiltration into the underlying native
soil.
4% Credit to Impermeable Surface Limit
Perforated Pipe
Systems
A stormwater conveyance system that features pipe that is
perforated along its length and installed in a granular bedding
which allows infiltration of water into the native soil through
the pipe wall as it is conveyed. They can also be referred to as
pervious pipes, percolation drainage systems or exfiltration
systems. Design variations can also include catchbasins that are
connected to granular stone reservoirs by pervious pipes or where
the catchbasin sumps are perforated, allowing runoff to gradually
infiltrate into the native soil. They are best suited to treat drainage
from low to medium traffic areas with relatively flat or gentle slope.
4% Credit to Impermeable Surface Limit
Permeable Pavement
Permeable pavements, an alternative to traditional impervious
pavement, allow stormwater to drain through them and into a
stone reservoir where it is infiltrated into the underlying native
soil or temporarily detained. They can be used for low traffic roads,
parking lots, driveways, pedestrian plazas and walkways. Permeable
pavement is ideal for sites with limited space for other stormwater
management practices. Examples of permeable pavement types
include:
-
permeable interlocking concrete pavers (i.e., block pavers);
-
plastic or concrete grid systems (i.e., grid pavers);
-
pervious concrete; and
-
porous asphalt.
Depending on the native soils and physical constraints, the system
may be designed with no underdrain for full infiltration, with an
underdrain for partial infiltration, or with an impermeable liner
and underdrain for a no infiltration or detention and filtration only
practice.
4% Credit to Impermeable Surface Limit
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SWM Practice
Description
Application
Rainwater
Harvesting
Rainwater harvesting is the process of intercepting, conveying
and storing rainfall for future use. The rain that falls upon a
catchment surface, such as a roof, is collected and conveyed into
a storage tank. Storage tanks range in size from rain barrels for
residential land uses (typically 190 to 400 litres in size), to large
cisterns for industrial, commercial and institutional land uses. A
typical pre-fabricated cistern can range from 750 to 40,000 litres
in size. With minimal pretreatment (e.g., gravity filtration or first-
flush diversion), the captured rainwater can be used for outdoor
non-potable water uses such as irrigation and pressure washing,
or in the building to flush toilets or urinals. It is estimated that
these applications alone can reduce household municipal water
consumption by up to 55%. The capture and use of rainwater
can, in turn, significantly reduce stormwater runoff volume and
pollutant load. By providing a reliable and renewable source of
water to end users, rainwater harvesting systems can also help
reduce demand on municipal treated water supplies. This helps to
delay expansion of treatment and distribution systems, conserve
energy used for pumping and treating water and lower consumer
water bills.
4% Credit to Impermeable Surface Limit
Infiltration Trenches/
Chambers
Infiltration Trenches are excavations lined with geotextile fabric
and filled with clean granular stone or other void forming material
that receive runoff from a perforated pipe inlet and allow it to
infiltrate into the native soil. They typically service individual lots
and receive only roof and walkway runoff but can also be designed
to receive overflows from rainwater harvesting systems. Infiltration
Trenches can also be referred to as infiltration galleries, dry wells
or soakaways.
Infiltration chambers include a range of proprietary manufactured
modular structures installed underground, typically under parking
or landscaped areas that create large void spaces for temporary
storage of stormwater, allowing it to infiltrate into the underlying
native soil. Structures typically have open bottoms, perforated side
walls and optional underlying granular stone reservoirs. They can
be installed individually or in series in trench or bed configurations.
They can infiltrate roof, walkway, parking lot and road runoff with
adequate pretreatment. Due to the large volume of underground
void space they create, they are well suited to sites where available
space for other SWM practices are limited, or where it is desirable
for the facility to have little or no surface footprint (e.g., high
density development contexts). They can also be referred to as
infiltration tanks.
4% Credit to Impermeable Surface Limit
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SWM Practice
Description
Application
Bioretention
Bioretention areas are shallow excavated surface depressions
containing mulch and a prepared soil mix and planted with specially
selected native vegetation that captures and treats runoff. During
storms, runoff ponds in the depression and gradually filters
through the mulch, prepared soil mix and root zone. The filtered
runoff can either infiltrate into the native soil or be collected in a
perforated underdrain and discharged to the storm sewer system.
They remove pollutants from runoff through filtration in the soil
and uptake by plant roots and can help to reduce runoff volume
through evapotranspiration and full or partial infiltration. They can
also provide wildlife habitat and enhance local aesthetics.
Bioretention areas can be integrated into a range of landscape
areas including medians and cul-de-sac islands, parking lot
medians and boulevards. A variety of planting and landscape
treatments can be employed to integrate them into the character
of the landscape. Biofilters are a design variation that feature an
impermeable liner and underdrain due to site constraints and are
typically applied as pretreatment to another stormwater control
although they can be effective as stand alone filtration facilities.
Minimum area 9.0 m (96.9 ft2)
4% Credit to Impermeable Surface Limit
Depression Storage
Directing drainage from roof downspouts to shallow depressed
areas in front, rear and side-yard areas is a simple technique to
store and infiltrate runoff where possible. Depression storage
areas can be located in low areas, planted as gardens or situated
beneath decks. Typically, depression storage areas are small and
have limited capacity and limited duration of retention in order to
address property owner concerns relating to insects, damage to
structures and inconvenience of ponded water on their property.
Although their individual effectiveness is limited by their size,
cumulatively depression storage areas can provide significant
benefits in a stormwater management system. Minimum area 18.0
m (96.9 ft2)
4% Credit to Impermeable Surface Limit
Rain Gardens
A variation on depression storage and bioretention areas, the
rain garden is a deliberately designed landscape, with specific
plant species and soil media to receive and detain, infiltrate
and filter runoff discharged from roof leaders. Rain gardens are
effective in both new and retrofit situations and can be designed
to complement the landscape of most properties. The rain garden
is constructed on a base of granular material with plant material
selected for its rooting characteristics and tolerance of varying
soil moisture conditions. The drainage area of the roof plane
contributing to the downspout determines the size of the garden.
As with depression storage, rain garden installations are effective
in areas where soil permeability is high. In addition, provision must
be made to facilitate positive drainage away from the rain garden
in the event storm flows exceed capacity.
4% Credit to Impermeable Surface Limit
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3.6 AMENITY SPACE
3.6.1
Amenity Space Requirements
A development that includes three or more dwelling units shall be required to provide
amenity space in accordance with the following requirements:
i)
Amenity space shall be provided on site or on an abutting property within
30 m (98 ft) where a joint use agreement has been entered into between
the affected property owners.
ii) Amenity space shall be provided for each unit based on the amenity space
requirements set out in Table 3.22.
Table 3.22 Amenity Space Requirements
Type of Unit
Amenity Space Requirement
Bachelor Apartment
14.0 m2 (150.7 ft2) per unit
I Bedroom Apartment
18.5 m2 (199.1 ft2) per unit
2 Bedroom Apartment
23.0 m2 (247.6 ft2) per unit
3 Bedroom Apartment
28.0 m2 (301.4 ft2) per unit
Apartment with 4 or more Bedrooms
37.0 m2 (398.3 ft2) per unit
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Accommodations
Adult Entertainment
Animal and Pet Services
Animal Hospital
Artisan Studio
Automobile Repair
Automobile Sales and Rentals
Automobile Service Station
Automobile Wash and Detailing
Bank and Financial Institution
Bed and Breakfast
Beverage Room, Lounge and Cabaret
Broadcasting and Communications
Club
Community Garden
Community Institution
Convenience Stores
Day Care Centre
Dormitory
Dry-cleaning and Laundry
Educational Use
Emergency Services
Emergency Shelter
Existing Residential Use
Farmers Market, Flea Market & Antique Market
Food Service
Funeral Home
Garden Centre
Governmental Use
Health Care Clinic
Microbrewery and Microdistillery
Neighbourhood Clinic
Office and Professional Use
Parking Lots
Parking Structure
Parks & Open Space
4 | Downtown Core (DC) Zone
4.1
PERMITTED USES
DEVELOPMENT AGREEMENT
SITE PLAN APPROVAL
CONDITIONAL USE
AS-OF-RIGHT
DC
Table 4.1: Downtown Core (DC) Zone Permitted Uses
continued...
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Personal Services
Printing
Religious Institution
Repair Shop
Recreation Facility, Commercial
Recreation Facility, Indoor
Recreation Facility, Outdoor
Residential Care Facilities
Residential (up to 4 units)
Residential (Conversion up to 12 units)
Residential (5 to 12 Units)
Residential (13 units or more)
Restaurant
Restaurant, Drive-Thru
Retail Store
Stadia and Auditoria
Tattoo Studio
Taxi Depot
Transportation Facilities and Depots
Utilities and Public Works
Warehousing & Storage
Wholesale Use
4.2 AS-OF-RIGHT DEVELOPMENT
4.2.1
Downtown Core (DC) Zone Requirements
As-of-right uses in the Downtown Core (DC) Zone shall be permitted subject to the
requirements set out in Table 4.2 in addition to all other applicable requirements of
this By-law:
4.2.2
General Provisions Apply
Other applicable requirements for development in the Downtown Core (DC) Zone,
including parking and signage regulations, can be found in Part 3: General Provisions.
4.2.3
Abutting Yard Requirements
Where a property in the Downtown Core (DC) Zone abuts an Urban Corridor (UC),
General Residential (GR) or Downtown Neighbourhood (DN) Zone, the following
requirements shall apply to any abutting yard within the DC Zone:
a) the minimum setback requirement for an abutting yard shall be 6.0 m (19.7 ft);
b) no open storage or outdoor display shall be permitted within a required yard;
and
c) additional restrictions on signage, parking, and loading in an abutting yard can
be found in Part 3: General Provisions.
There are some requirements
that apply throughout Town and
not to just one zone. Rather than
repeat them for every zone,
they can all be found in Chapter
3: General Provisions of the
Land Use By-law. Check there
for additional requirements that
may apply to your development.
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4.2.4
Building Height Limit
a) See Figure 4.1 for a graphic intended to illustrate an application of the height
limits prescribed in this subsection.
b) No portion of any main building shall exceed a height of 11.0 m (36.1 ft) within:
i)
26.4 m (86.6 ft) of the Downtown Neighbourhood (DN) Zone; or
ii) 14.7 m (48.2 ft) of the General Residential (GR) Zone.
Table 4.2: Downtown Core (DC) Zone Requirements
Height
Minimum 2 storeys
See Subsection
"4.2.4 Building Height Limit" and
Table 4.1 Downtown Core (DC)
Zone Height Limits
Front Setback
Minimum 0.0 m (0.0 ft)
The front main wall of all
buildings shall occupy at least
75% of the 'build-to plane'
See Subsection "4.3.2 Building
Placement"
Side Setback
Minimum 0.0 m (0.0 ft), or 6.0 m
(19.7 ft) when abutting a GR, UC
or DN Zone. See Subsection "4.2.3
Abutting Yard Requirements"
Flanking (Side) Setback
Minimum 0.0 m (0.0 ft)
See Subsection "4.3.2 Building
Placement"
Rear Setback
Minimum 3.0 m (9.8 ft), or 6.0 m
(19.7 ft) when abutting a GR, UC
or DN Zone. See Subsection "4.2.3
Abutting Yard Requirements"
Lot Area
Minimum 450.0 m2 (4,844 ft2)
Lot Frontage
Minimum 15.0 m (49 ft)
Lot Coverage
Maximum 75%
Impermeable Surface
Maximum 75 %
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c) The maximum height of any portion of a main building situated over 26.4 m
(86.6 ft) from the Downtown Neighbourhood (DN) Zone, over 14.7 m (48.2 ft)
from the General Residential (GR) Zone, or over 17.6 m (57.7 ft) from the Urban
Corridor (UC) Zone shall be the lesser of:
i)
0.75 times the distance the building or portion thereof is from a property in
the General Residential (GR) Zone; or
ii) 0.75 times the distance the building or portion thereof is from a property in
the Urban Corridor (UC) Zone; or
iii) 0.50 times the distance the building or portion thereof is from a property
in the Downtown Neighbourhood (DN) Zone; or
iv) 26.4 m (86.6 ft)
DC
DC
DC
UC
DN
GR
Figure 4.1: Downtown Core (DC) Zone Height Limits
ADJACENT TO DOWNTOWN
NEIGHBOURHOOD (DN) ZONE
ADJACENT TO URBAN
CORRIDOR (DC) ZONE
ADJACENT TO GENERAL
RESIDENTIAL (GR) ZONE
Height Limit
Distance from
DN Zone
View Plane
(0.5 Slope / 26.6°)
Height Limit
Height Limit
Distance from
UC Zone
Distance from
GR Zone
View Plane
(0.75 Slope / 36.9°)
View Plane
(0.75 Slope / 36.9°)
This graphic is for illustration purposes only and is an application of the height limits set out in Subsection 4.2.4. Please refer to Subsection 4.2.4 when determining height limits. In the event of
that more than one height limit applies, the more restrictive height limit shall apply.
d) No portion of any main building shall exceed a height of 13.2 m (43.3 ft) within
17.6 m (57.7 ft) of the Urban Corridor (UC) Zone.
e) No portion of any main building shall exceed a height of 16.5 m (54.1 ft) within
22.0 m (72.2 ft) of any property in the Civic Block (which comprises the block
of land bounded by Prince Street, Young Street, Victoria Street, and Forrester
Street).
f)
See Subsection "4.3.3 Building Form" for additional height limits related to
streetscape and urban design requirements.
g) Accessory buildings shall be subject to the height limits specified in Subsection
"3.1.2 Accessory Buildings" on page 1 of this By-law.
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4.2.5
Yard abutting Railway
Where a property in a the Downtown Core (DC) Zone abuts a right-of-way for an
existing railway line, setback requirements do not apply to any yard which directly
abuts the railway right-of-way.
4.2.6
Retail Display on Public Sidewalks
Retail display on a public sidewalk is permitted in the Downtown Core (DC) Zone
subject to the following requirements:
a) the retail display is only set up during the hours of operation for the associated
use;
b) the retail display occurs after April 30th and before November 1st;
c) the public sidewalk where the retail display is set up is greater than 1.5 m (5 ft)
in width;
d) the retail display does not obstruct or otherwise interfere with the flow of
pedestrian traffic on the sidewalk and maintains a clear path for pedestrian
traffic that is a minimum of 1.5 m (5 feet) wide;
e) the retail display is self supporting and displayed in manner deemed safe by the
Development Officer; and
f)
the retail display is located at least 1.5 m (5 ft) from any other object including
but not limited to:
i)
traffic signs;
ii) meter posts;
iii) trees;
iv) mail box; or
v) flower box.
4.2.7
Canopy Erected Over a Public Right-of-way
a) No development permit shall be issued for a canopy projecting over public
rights-of-way provided:
i)
the canopy and its supporting structure are at least 2.5 m (8 ft) above the
sidewalk; and
ii) the canopy does not project more than 2.5 m (8 ft) into the public right-
of-way or a distance equal to two-thirds the width of abutting sidewalk,
whichever is greater
b) All canopies projecting over a public right-of-way shall not incorporate any
advertisement or signage except the name of the user or owner company, its
logo or the logo of a product sold on the site, which shall be woven, sewn or
permanently embedded into the fabric.
c) Any names and logos displayed on a canopy will be regulated as awning signage
and be subject to all applicable signage regulations found in Part 3: General
Provisions.
Wondering what a word
means? Most terms carry their
customary meaning, but some
words need a little clarification.
Check Chapter 1: Definitions
of the Land Use By-law for a
definition
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4.2.8
Outdoor Storage and Display
Outdoor storage and display may be permitted in the Downtown Core (DC) Zone
provided the outdoor storage and display is:
a) accessory to a use permitted in the Downtown Core (DC) Zone;
b) not located within a required yard;
c) not located within a front or flanking yard.
4.3 URBAN DESIGN REQUIREMENTS
4.3.1
Urban Design Requirements to Apply
In the Downtown Core (DC) Zone, the following developments shall be subject to the
urban design requirements set out in this section:
a) all new main buildings;
b) any addition to a main building resulting in a 25% or greater increase in gross
floor area; or
c) any addition or exterior alteration to a main building that will impact any
portion of a main building located within 9.0 m (29.5 ft) of a public right of way.
4.3.2
Building Placement
a) The facade of all new buildings shall occupy at least 75% of the build-to-plane.
b) The build-to-plane is a vertical plane that extends upward at least 7.5 m (24.6
ft) from a line drawn parallel to the street at or within 2.0 m (6.6 ft) of the
established front yard setback as defined in clause (c) below (see Figure 4.4).
c) The established front yard setback is one of the following:
i)
the front lot line;
ii) a distance less than or equal to the average front yard setbacks of
buildings facing the same street and situated within 30 m (98.4 ft) (see
Figure 4.3); or
iii) 3.0 m (9.8 ft) or less where the buildings on an abutting lot are set back
more than 3.0 m (9.8 ft) from the front lot line.
d) On a corner lot, the build-to-plane extends upward at least 7.5 m (24.6 ft) from
a line drawn parallel to both the front and flanking streets at the established
front and the established flanking yard setback, as defined in clause (e) below.
e) The established flanking yard setback is one of the following:
i)
the flanking lot line;
ii) a distance less than or equal to the average front or flanking yard setbacks
of buildings facing the same street and situated within 20 m (65.6 ft) (see
Figure 4.3); or
iii) 3.0 m (9.8 ft) or less where the buildings on an abutting lot are set back
more than 3.0 m (9.8 ft) from the front or flanking lot line.
To ensure that new development
complements existing buildings
and contributes to the creation
of attractive and welcoming
streetscapes, most development
in the Downtown Core (DC) Zone
is must conform to the Town's
urban design requirements.
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Figure 4.3: Established Front Yard Setback
Established Front Yard
Setback
A
D
B
C
Average of
A,B,C, & D
Figure 4.4: Build-to-Plane at Established Front Yard Setback
Build-to-Plane
Established Front
Yard Setback
The front main wall of all
buildings shall occupy at least
75% of the 'build-to plane'
Figure 4.2: Buildings Must be Situated Near the Street
Buildings that are Set Back from the
Street Significantly More than Adjacent
Structures are not Permitted
Existing Buildings
Situated at the Street
(0 m front yard setback)
This structure is set too far
back from the street and
would not be permitted.
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Figure 4.7: Single Storey Buildings Not Permitted
Single Storey Structures are not permitted
within 9.0 m (29.5 ft) of a public right of way.
This one storey structure
would not be permitted.
Figure 4.6: Build-to-Plane on a Corner Lot
Structure must occupy
50% of the build-to-plane
along the flanking lot-line
Structure must occupy
75% of the build-to-plane
along the front lot-line
Structure must occupy 90%
of the build-to-plane within
6.0 m (20 ft) of the corner
f)
Buildings on a corner lot shall
occupy at least 75% of the build-
to-plane for the front street and at
least 50% of the build-to-plane for
the flanking street.
g) Buildings on a corner lot shall
occupy at least 90% of the corner
build-to-plane (see Figure 4.6)
which is that portion of the build-to-
plane situated within 6.0 m (19.7 ft)
of the corner.
h) A building with a chamfered corner
may be exempted from clause (g)
but shall occupy at least 50% of the
corner build-to-plane.
4.3.3
Building Form
a) Single storey structures are not
permitted within 9.0 m (29.5 ft) of a
public right-of-way.
b) For the purposes of interpreting the
Downtown Core (DC) Zone Urban
Design Requirements, a building's
front or flanking facade will be
broken up into the constituent parts
illustrated in Figure 4.8.
c) Any portion of a new building within
9.0 m (29.5 ft) of a public right-of-
way must be a minimum of two
storeys in height with the following
exceptions:
i)
additions that do not increase
the gross floor area of an
existing building by more than
25%;
ii) porches, verandahs, bay
windows, awnings, covered
-entries or similar structures
attached to a main building.
d) Buildings over three stories in
height shall have the forth storey
stepped back from the front wall
of the building a distance of 4.5 m
(14.8 ft) or more (see figure 4.9).
Figure 4.5: Build-to-Plane Matching Existing Street-wall
Build-to-Plane
The front main wall of all
buildings shall occupy at least
75% of the 'build-to plane'
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e) Any building with a facade that extends 30 m (98.4 ft) or more along the street
shall incorporate a vertical design element or elements that divide the mass
of the structure into smaller sections and help maintain a human scale on the
adjacent street (see figure 4.10).
f)
Any building with a facade that extends 30 m (98.4 ft) or more along the street
shall, for every 15.0 m (49.2 ft) of facade (or part thereof):
i)
incorporate one or more vertical bay, projection, or inset that creates a
facade plane change of at least 1.0 m (3.3 ft);
ii) incorporate changes in materials or colour that reinforce the visual impact
of any bay, projection, or inset; and
iii) incorporate an entrance.
g) Any required inset, bay, projection, colour or material change shall, at a
minimum, apply to the full height of the lower facade.
4.3.4
Facade Design
a) Street level commercial space
should feature ceiling heights
between 3.5 m (11.5 ft) and 4.25 m
(13.9 ft).
b) The facade of any building with
three or more storeys shall be
clearly divided into a base, lower
facade, and upper facade by using
different materials, colours, or
by incorporating architectural
elements such as a belt course or
cornice (see Figure 4.8).
c) The facade of any building with
five or more storeys shall be
clearly divided into a base, lower
facade, upper facade, and top by
using different materials, colours,
or by incorporating architectural
elements such as a belt course or
cornice (see Figure 4.8).
d) The base portion of any building's
facade is that portion of the facade
within 3.0 m (9.8 ft) to 4.25 m (13.9
ft) of grade.
e) The base portion of any building's
facade must feature at least 40%
windows and doors.
Figure 4.8: Parts of a Building Facade
For the purposes of
interpreting the UC
Zone Urban Design
Requirements, a
building's facade
will be broken
up into these
constituent parts
Figure 4.9: Stepped Back Upper Floors
Buildings over
three stories
shall have their
upper storeys set
back from the
lower facade a a
distance of 4.5 m
(14.8 ft) or more
4.5 m (14.8 ft)
Lower
Facade
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f)
The base portion of a building's
facade must feature at least one
primary entrance that:
i)
faces the street;
ii) is clearly visible from the
public right-of-way; and
iii) is clearly differentiated from
other parts of the facade.
g) All other portions of a building's
facade shall consist of a minimum
of 25% percent windows and doors.
h) The facade of new main buildings
shall incorporate architectural
design elements to reinforce any
established patterns evident on
other buildings that make up
the streetscape (see Figure 4.13),
including any established linear
patterns or datum lines created by
design features such as:
i)
window placement and width to
height ratios;
ii) transoms;
iii) lintels;
iv) cornices and belt courses;
v) column spacing; and
vi) structural bays.
Figure 4.10: Facade Articulation
Minimum
1.0 (3.3 ft)
Inset
Variation
of Colour or
Material
Minimum
1.0 (3.3 ft)
Projection
Variation
of Colour or
Material
Figure 4.12: Windows & Openings
40% of the base
level facade must be
windows and doors
25% of the facade above
the base level must be
windows and doors
Building features a main entrance
Building features a main entrance
oriented to the street
oriented to the street
Figure 4.11: Buildings Must be Oriented to the Street
Main Entrances must
not be oriented away
from the street.
Blank walls are
not permitted
on a facade
25% of the facade above
the base level must be
windows and doors
40% of the base
level facade must be
windows and doors
This structure is not
oriented to the street and
would not be permitted.
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4.3.5
Enhanced Setback
The base or the base and lower facade of a building may be placed up to 3.0 m (9.8
ft) further from the street than the established front yard setback (see Figure 4.14)
subject to the following requirements:
a) The space between the building and the public right-of-way is developed as
landscaped open space that is suitable for use as temporary outdoor retail
display, or outdoor seating.
b) The space is utilized in conjunction with and accessory to a permitted use
situated within the adjacent structure.
c) The space is developed as a landscaped area that creates a transition between
the public right-of-way and any ground level residential uses.
Figure 4.13: Reinforce Established Patterns (Datum Lines)
Cornice Line
Incorporated into New
Structure
New Build Repeats
Structural Bay Pattern
New Built Reinforces
Linear Patterns Created by
Window Openings
Figure 4.14: Enhanced Setback
up to 3.0 m (9.8 ft)
setback from build-
to-plane
Enhanced Setback Area
Figure 4.15 illustrates some of
the essential design features
that new main buildings in
the Urban Design Area of the
Downtown Core (DC) Zone should
incorporate
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4.3.6
Exemption from Urban Design Requirements
A development permit may be issued for an addition or new construction that does
not comply with the Urban Design Requirements set out in this Section provided the
Development Officer is satisfied that:
a) the proposal conforms to Municipal Planning Strategy Policy DC-62 and DC-63:
and
b) the permit application includes all information and materials necessary to
properly evaluate the proposal.
Figure 4.15: Applied Urban Design Requirements
Stepped Back
Fourth Floor
Cornice and window placement match
established patterns on the street
Setbacks and building height are
consistent with neighbouring buildings
ensuring that the structure helps
define the street edge and gives the
street a comfortable pedestrian scale
Building has a main
entrance oriented to
the street
Building's design
features a clear base,
lower facade, and top
Plenty of Windows and Openings
(Transparency) at Grade
Conditional Uses do not require
any special planning approvals
such as a development
agreement or site plan approval,
but they are subject to specific
conditions described in this
section.
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4.4 CONDITIONAL USES
4.4.1
Zone Requirements
Conditional uses in the Downtown Core (DC) Zone shall be permitted subject to the
additional conditions set out in this Section, all applicable zone requirements found
in Section "4.2 As-of-right Development", and all other applicable requirements of
this By-law.
4.4.2
Adult Entertainment
a) No adult entertainment use, or related signage, shall be permitted within 100 m
(328.1 ft) of a property containing a residential use, an education use, a bed &
breakfast, a community institution, a daycare centre, a dormitory, a residential
care facility, a funeral home, a religious institution, a park, a playground, a
sports field/court, or an accommodations use.
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b) No development permit shall be issued for an adult entertainment use unless
the use is located on a property that has frontage on a collector or arterial
road as identified on the Street Classification Map found in Chapter 13 of the
Municipal Planning Strategy.
4.4.3
Automobile Repair
An automobile repair use may be permitted in the Downtown Commercial (DC) Zone
provided the automobile repair use:
a) is not located within 60 m (197 ft) of any General Residential (GR) or Downtown
Neighbourhood (DN) Zone;
b) provides repair services for passenger cars and light trucks only;
c) is wholly enclosed within a permanent structure; and
d) includes temporary outdoor storage for a maximum of two vehicles that have a
current inspection and and valid registration.
4.4.4
Automobile Service Station
An automobile service use may be permitted in the Downtown Core (DC) Zone provided:
a) the minimum lot frontage shall be 46.0 m (151 ft);
b) no portion of any pump island or electric vehicle charging station shall be
located closer than 6.0 m (20 ft) from any street line;
c) the minimum distance between driveways shall not be less than 9.0 m (30 ft);
d) the minimum distance from a driveway to a street intersection shall not be less
than 15.0 m (49 ft);
e) the minimum angle of intersection of a driveway to a street line shall be forty-
five degrees; and
f)
the width of a driveway shall be a minimum of 6.0 m (20 ft) and a maximum of
8.0 m (26 ft) measured at the property line.
4.4.5
Automobile Wash and Detailing
a) An automobile wash and detailing use may be permitted in the Downtown
Commercial (DC) Zone provided:
i)
the automobile wash or detailing use is accessory to a permitted
automobile service use;
ii) the automobile wash or detailing use must be situated within a wholly
enclosed permanent structure; and
iii) all automobile wash bays or automated automobile washes must include an
oil water separator.
b) Mobile automobile washes are not permitted within the Downtown Core (DC)
Zone.
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4.4.6
Automobile Sales and Rentals
An automobile sales or rental use may be permitted in the Downtown Commercial (DC)
Zone provided:
a) the exterior display of automobiles is limited to passenger cars and light trucks;
b) the exterior display of automobiles is limited to a maximum of 5 vehicles; and
c) the use is not operated in conjunction with or as an extension of any
automobile sales or rental use situated within 150.0 m (492.1 ft).
4.4.7
Beverage Room, Lounge and Cabaret
A beverage room, lounge, or cabaret may be permitted in the Downtown Core (DC)
Zone provided the beverage room, lounge, or cabaret is not located within 60.0 m
(196.9 ft) of any General Residential (GR) or Downtown Neighbourhood (DN) Zone.
4.4.8
Emergency Shelter
An emergency shelter may be permitted in the Downtown Core (DC) Zone subject to
the following requirements:
a) the facility must provide a minimum of 150.0 m2 (1615 ft2) or 18.0 m2 (194 ft2) per
bed, whichever is greater, of outdoor amenity space that is not situated within a
front or flanking yard;
b) the primary entrance for clientele shall not be situated within 3.0 m (10 ft) of a
public right-of-way and shall not be within 15 m (49 ft) of a General Residential
(GR), Downtown Neighbourhood (DN), or Urban Corridor (UC) Zone.
4.4.9
Warehousing & Storage
A warehousing or storage use may be permitted in the Downtown Core (DC) Zone
provided the warehousing or storage is operated in conjunction with or accessory to
an office or retail use that is permitted in the Downtown Core (DC) Zone
4.4.10 Residential Use (up to 4 dwelling units)
A new mixed use development with up to 4 dwelling units may be permitted in the
Downtown Core (DC) Zone provided the structure does not include any ground floor
residential space within 7.5 m (24.6 ft) of a public right-of-way.
4.4.11
Residential Conversion (up to 12 dwelling units)
An existing building in the Downtown Core (DC) Zone may be converted to a residential
or mixed use development with up to 12 dwelling units on a single property provided
the structure does not include any ground floor residential space within 7.5 m (24.6
ft) of a public right-of-way.
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4.5 USES BY SITE PLAN APPROVAL
4.5.1
Uses Permitted by Site Plan Approval
The following uses may be permitted by site plan approval in the Downtown Core (DC)
Zone subject to the site plan criteria outlined in subsection "4.5.2 Site Plan Criteria"
and all other applicable requirements of this By-law:
a) An Automobile Sales and Rentals use that involves the outdoor display of more
than 5 vehicles provided:
i)
the outdoor display area does not exceed 500 m2 (5,382.0 ft2); and
ii) the use is not operated in conjunction with or as an extension of any
automobile sales or rental use situated within 150.0 m (492.1 ft).
b) An Automobile Sales and Rentals use that involves the outdoor display of heavy
vehicles provided:
i)
the outdoor display area does not exceed 500 m2 (5,382.0 ft2); and
ii) the use is not operated in conjunction with or as an extension of any
automobile sales or rental use situated within 150.0 m (492.1 ft).
c) Dormitory;
d) Residential (5 to 12 dwelling units in a new structure or new addition) provided
the structure does not include any ground floor residential space within 7.5 m
(24.6 ft) of a public right-of-way.
4.5.2
Site Plan Criteria
The following site plan criteria apply to all new development that is permitted through
the site plan approval process in the Downtown Core (DC) Zone. No development
permit shall be issued for development that is inconsistent with these criteria, in
addition to applicable zone standards and all other requirements of this By-law:
a) The location of new structures (or an addition to an existing structure) on
the lot shall minimize negative impacts on the surrounding neighbourhood,
including noise, dust, fumes, lighting, shadows, or other nuisance or
inconvenience to occupants of nearby residences;
b) The location of off-street parking and loading facilities shall minimize negative
impacts on the surrounding neighbourhood, including traffic, noise, dust, fumes,
lighting, or other nuisance or inconvenience to occupants of nearby residences;
c) The location, number and width of points of access are designed to prevent
traffic, noise, dust, fumes, congestion, or other nuisance and inconvenience in
the area and minimize negative impacts to occupants of nearby residences;
d) The type, location, and height of walls, fences, hedges, trees, shrubs, ground
cover or other landscaping elements, or a combination thereof, which
is necessary to protect and minimize negative land use impacts on the
surrounding neighbourhood and adjacent streetscapes;
e) Existing vegetation shall be retained where the vegetation is healthy and helps
to minimize negative impacts on the surrounding neighbourhood and adjacent
streetscapes;
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f)
The location of pedestrian walkways, and/or related infrastructure, shall be
provided to link public sidewalks and parking areas to entrances of all primary
buildings;
g) The type and location of outdoor lighting is designed to light the structure,
driveways and pedestrian infrastructure, but shall not be directed onto
neighbouring properties or public streets;
h) The location of facilities for the storage of solid waste provides for maximum
separation from residential development and public areas;
i)
The development does not violate any easement agreement in place on the
subject lands;
j)
The grading or alteration in elevation or contour of the land shall minimize
undue erosion and/or sedimentation, and other negative impacts on
neighbouring properties or public streets;
k) The management of storm and surface water is addressed, and associated plans
are approved by the Town Engineer; and
l)
The type, location number and size of signs or sign structures do not negatively
alter the appearance of the streetscape or neighbourhood.
4.6 USES BY DEVELOPMENT AGREEMENT
4.6.1
DC Zone Uses Permitted by Development Agreement
The following uses shall be considered only by development agreement in the
Downtown Core (DC) Zone:
a) Residential Multiple Unit Use with 13 or more dwelling units.
b) Residential Multiple Unit Use with ground floor residential space within 7.5 m
(24.6 ft) of a public right-of-way
c) An Automobile Sales and Rentals use that:
i)
involves the outdoor display of vehicles or heavy vehicles where the
outdoor display area exceeds 500 m2 (5382.0 ft2); or
ii) is operated in conjunction with or as an extension of an Automobile Sales
and Rental use situated within 150.0 m (492.1 ft).
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5 | Urban Corridor (UC) Zone
UC
Accommodations
Artist Studio
Bed and Breakfast
Café (up to 120 m2 (1,292 ft2))
Community Garden
Community Institution
Convenience Stores (up to 120 m2 (1,292 ft2))
Convenience Stores (over 120 m2 (1,292 ft2))
Day Care Centre
Dormitory
Existing Residential Use
Laundry (up to 120 m2 (1,292 ft2))
Laundry (over 120 m2 (1,292 ft2))
Lodging House
Educational Use
Emergency Shelter
Food Service (up to 120 m2 (1,292 ft2))
Governmental Use
Health Care Clinic
Home Day Care
Neighbourhood Clinic
Office and Professional (up to 120 m2 (1,292 ft2))
Office and Professional (over 120 m2 (1,292 ft2))
Parks and Open Space
Personal Services (up to 120 m2 (1,292 ft2))
Personal Services (over 120 m2 (1,292 ft2))
Recreation Facility, Outdoor
Religious Institution
Repair Shop (up to 120 m2 (1,292 ft2))
Residential Care Facilities (up to 7 beds)
Residential Care Facilities (8 or more beds)
Residential (up to 4 units)
Residential (Conversion up to 12 units)
Residential (5 to 12 units)
Residential (13 units or more)
Restaurant (up to 120 m2 (1,292 ft2))
Restaurant (over 120 m2 (1,292 ft2))
5.1
PERMITTED USES
DEVELOPMENT AGREEMENT
SITE PLAN APPROVAL
CONDITIONAL USE
AS-OF-RIGHT
Table 5.1: Urban Corridor (UC) Permitted Uses
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5.2 AS-OF-RIGHT DEVELOPMENT
5.2.1
Urban Corridor (UC) Zone Requirements
As-of-right development in the Urban Corridor (UC) Zone shall be permitted subject to
the requirements set out in Table 5.2 in addition to all other applicable requirements
of this By-law:
Table 5.2: Urban Corridor (UC) Zone Requirements
Height
Maximum of 11.0 m (36.1 ft)
Increased to 13.2 m (43.3 ft)
for any portion of a structure
over 26.4 m (86.6 ft) from the
Downtown Neighbourhood (DN)
Zone, over 14.7 m (48.2 ft) from
the General Residential (GR) Zone
or another property in the Urban
Corridor (UC) Zone, and over 4.5
m (14.8 ft) from the Established
Front or Flanking Yard Setback
for the property (see Subsection
5.2.3)
Front Setback
Minimum 4.5 m (14.8 ft)
(some exceptions apply, see
Subsection 5.3.2)
Side Setback
Minimum 2.5 m (8.2 ft), or 6.0 m
(19.7 ft) when abutting a General
Residential (GR) or Downtown
Neighbourhood (DN) Zone (see
Subsection 5.2.4). 0.0 m (0.0 ft)
for a common wall in a semi-
detached or townhouse dwelling.
Flanking (Side) Setback
Minimum 4.5 m (14.8 ft)
(some exceptions apply, see
Subsection 5.3.2)
Rear Setback
Minimum 3.0 m (9.8 ft), or 6.0 m
(19.7 ft) when abutting a General
Residential (GR) or Downtown
Neighbourhood (DN) Zone (see
Subsection 5.2.4)
Lot Area
Minimum 450.0 m2 (4,844 ft2), or
210.0 m2 (2,261 ft2) per unit for a
townhouse dwelling, or 225.0 m2
(2,422 ft2) per unit for a semi-
detached dwelling
Lot Frontage
Minimum 15.0 m (49 ft), or 7.0 m
(23.0 ft) per unit for a townhouse
dwelling, or 10.0 m (32.8 ft) per
unit for a semi-detached dwelling
Lot Coverage
Maximum 50%
Impermeable Surface
Maximum 75 %
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5.2.2
General Provisions Apply
Other applicable requirements for development in the Urban Corridor (UC) Zone,
including accessory building, parking, and signage regulations, can be found in Part
3: General Provisions.
5.2.3
Building Height Limit
a) No portion of any main building shall exceed a height of 11.0 m (36.1 ft) within:
i)
26.4 m (86.6 ft) of the Downtown Neighbourhood (DN) Zone;
ii) 14.7 m (48.2 ft) of the General Residential (GR) Zone;
iii) 14.7 m (48.2 ft) of an abutting property in the Urban Corridor (UC) Zone;
iv) 5.5 m (18.1 ft) of an abutting property line; or
v) 4.5 m (14.8 ft) of the applicable Established Front or Flanking Yard Setback
(see Subsection "5.3.2 Building Placement")
b) The maximum height of any portion of a main building situated over 26.4 m
(86.6 ft) from the Downtown Neighbourhood (DN) Zone, over 14.7 m (48.2 ft)
from the General Residential (GR) Zone, over 5.5 m (18.1 ft) from an abutting
property line, and over 4.5 m (14.8 ft) back from the applicable Established Front
or Flanking Yard Setback (see Subsection "5.3.2 Building Placement") shall be
13.2 m (43.3 ft).
c) The maximum height of any portion of a main building situated within 60.0 m
(196.9 ft) of Victoria Park shall be 0.5 times the distance the building or portion
thereof is from the Park.
d) Accessory buildings shall be subject to the height limits specified in Subsection
"3.1.2 Accessory Buildings" of this By-law.
5.2.4
Abutting Yard Requirements
Where a property in the Urban Corridor (UC) Zone abuts a General Residential (GR) or
Downtown Neighbourhood (DN) Zone, the following requirements shall apply to any
abutting yard within the UC Zone:
a) the minimum setback requirement for an abutting yard shall be 6.0 m (19.7 ft);
b) no open storage or outdoor display shall be permitted within a required yard;
and
c) additional restrictions on signage, parking, and loading in an abutting yard can
be found in Part 3: General Provisions.
5.2.5
Yard abutting Railway
Where a property in a the Urban Corridor (UC) Zone abuts a right-of-way for an existing
railway line, setback requirements do not apply to any yard which directly abuts the
railway right-of-way.
Wondering what a word
means? Most terms carry their
customary meaning, but some
words need a little clarification.
Check Chapter 1: Definitions
of the Land Use By-law for a
definition
?
There are some requirements
that apply throughout Town and
not to just one zone. Rather than
repeat them for every zone,
they can all be found in Chapter
3: General Provisions of the
Land Use By-law. Check there
for additional requirements that
may apply to your development.
?
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5.2.6
Outdoor Storage and Display
No outdoor storage and display shall be permitted in the Urban Corridor (UC) Zone
unless the outdoor storage and display is:
a) accessory to a use permitted in the Urban Corridor (UC) Zone;
b) not located within a required yard;
c) not located within a front or flanking yard.
5.3 URBAN DESIGN REQUIREMENTS
5.3.1
Urban Design Requirements to Apply
In the Urban Corridor (UC) Zone, the following developments shall be subject to the
urban design requirements set out in this section:
a) all new main buildings;
b) any addition to a main building resulting in a 25% or greater increase in gross
floor area; or
c) any addition or exterior alteration to a main building that will impact any
portion of a main building located within 9.0 m (29.5 ft) of a public right of way.
5.3.2
Building Placement
a) The front facade of all new main buildings shall occupy at least 75% of the
build-to-plane.
b) The build-to-plane is a vertical plane that extends upward from the established
front yard setback as defined in clause (c) below (see Figure 5.1).
c) The established front yard setback is a line drawn parallel to the street and
which is situated at one of the following locations:
i)
at least 4.5 m (14.8 ft) back from the front lot line; or
D
C
Average of
A,B,C, & D
Established Front
Yard Setback
A
B
Figure 5.1: Established Front Yard Setback
ii) a distance back from the front
lot line that is equal to the
average front yard setbacks
of buildings facing the same
street and situated within 30 m
(98.4 ft) (see Figure 5.2); or
iii) any point between the
distances prescribed in
subclauses (i) and (ii).
d) The height of the build-to-plane
shall be the average height of any
main buildings facing the same
street and situated within 30.0 m
(98.4 ft).
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e) The area of the build-to-plane shall
be the average area of the street
facing profiles of any main buildings
facing the same street and situated
within 30.0 m (98.4 ft) (see Figure
5.3);
f)
The build-to-plane shall not extend
into the required side-yard or
flanking yard setbacks.
g) On a corner lot, the build-to-plane
is a vertical plane extending upward
from both the front and flanking
streets at the established front
and the established flanking yard
setback, as defined in clause (h)
below.
Street Facing
Building Profile
Figure 5.2: Street Facing Building Profile
The profile of all street-facing
The profile of all street-facing
surfaces comprise the Street
surfaces comprise the Street
Facing Building Profile
Facing Building Profile
A
B
C
D
Figure 5.3: Build-to-Plane
Build-to-Plane, Placed at
Established Front Yard Setback
Height of the Build-to-Plane is equal to average
height of A, B, C, D (buildings within 30.0 m)
Area of the Build-to-Plane is equal to average
area of the street facing profiles of A, B, C, D
New Structures in the UC Zone must
occupy 75% of the build-to-plane
Established Front
Yard Setback
Street Facing
Building Profile
Street Facing
Building Profile
Build-to-Plane does
Build-to-Plane does
not extend into
not extend into
required side yards
required side yards
h) The established flanking yard setback is a line drawn parallel to the street and
which is situated at one of the following locations:
i)
at least 4.5 m (14.8 ft) back from the flanking lot line; or
ii) a distance back from the flanking lot line that is equal to the average front
or flanking yard setbacks of buildings facing the same street and situated
within 30 m (98.4 ft) (see Figure 5.2); or
iii) any point between the distances prescribed in subclauses (i) and (ii).
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5.3.3
Building Form
a) Any building with a front or flanking facade that extends 25.0 m (82.0 ft) or
more along a street shall incorporate a vertical design element or elements
that divides the mass of the structure into smaller facade sections, each with
an area that is between 50% and 100% of the area of the Build-to-Plane (see
figure 5.6).
b) Each separate facade section required pursuant to clause (a) shall be separated
from any adjacent facade section by a bay or inset (indentation) that:
i)
is at least 3.0 m (9.8 ft) wide and creates a vertical facade plane change of
at least 1.5 m (4.9 ft) in depth, measured back from the building's front or
flanking facade (see figure 5.6);
ii) incorporates a change in materials or colour that reinforce the visual
impact of any bay or inset.
c) Any building with a front or flanking facade that extends 25.0 m (82.0 ft) or
more shall, for each 12.0 m (39.4 ft) of facade, incorporate at least one primary
entrance that:
i)
faces the street;
ii) is clearly visible from the public right-of-way; and
iii) is clearly differentiated from other parts of the facade.
i)
On a corner lot, the build-to-planes for the front and flanking yards must meet
at the point where the established front and flanking yard setbacks intersect
(see Figure 5.4)
j)
On a corner lot, a building shall occupy at least 75% of both the front and
flanking build-to-planes.
Figure 5.4: Build-to-Plane on a Corner Lot
Street Facing
Building Profile
Front & Flanking
Build-to-Planes meet
at corner
Front Build-to-Plane
Average Height & Area of
Street Facing Profiles within
30.0 m, Placed at Established
Front Yard Setback
Flanking Build-to-Plane
Average height & area of
adjacent Street Facing Profiles
within 30.0 m, placed at
Established Flanking Yard Setback
Street Facing
Building Profile
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Figure 5.5: Building Height and Form
d) That portion of any building's front or flanking facade within 4.0 m (13.9 ft) of
grade (measured vertically) and within 4.5 m (14.8 ft) of a public right-of-way
(measured horizontally) must must feature at least 25% windows and doors
(see figure 5.6).
e) All portions of a building's facade not included in clause (d) shall consist of a
minimum of 15% percent windows and doors (see figure 5.6).
f)
The facade of new main buildings shall incorporate architectural design
elements to reinforce any established patterns evident on other buildings that
make up the streetscape, including any established linear patterns or datum
lines created by design features such as:
i)
window placement and width to height ratios;
ii) transoms;
iii) lintels;
iv) cornices and belt courses;
v) column spacing; and
vi) structural bays.
11.0 m height limit within
4.5 m of the Established
Front Yard Setback
UC
11.0 m height limit within 26.4 m from a
11.0 m height limit within 26.4 m from a Downtown
Downtown
Neighbourhood (DN)
Neighbourhood (DN) Zone and within 14.7 m of a
Zone and within 14.7 m of a
General Residential (GR) Zone or another property in
General Residential (GR) Zone or another property in
the Urban Corridor (UC) Zone
the Urban Corridor (UC) Zone
11.0 m height limit within 5.5
11.0 m height limit within 5.5
m of any adjacent property
m of any adjacent property
6.0 m setback from a
6.0 m setback from a
Downtown Neighbourhood
Downtown Neighbourhood
(DN) Zone
(DN) Zone or General
Residential (GR) Zone
DN
Downtown
Neighbourhood or
General Residential
Zone
Urban
Corridor
Zone
Established Front
Established Front
Yard Setback
Yard Setback
13.2 m Maximum
13.2 m Maximum
Permitted Height for
Permitted Height for
Main Buildings
Main Buildings
Buildings with a facade that is 25.0 m
Buildings with a facade that is 25.0 m
or more in length must incorporate one
or more in length must incorporate one
or more vertical facade plane changes
or more vertical facade plane changes
at least 3.0 m wide and 1.5 m deep
at least 3.0 m wide and 1.5 m deep
Building must occupy at least 75% of the Build-to-Plane
Building must occupy at least 75% of the Build-to-Plane
Each facade section created by any required vertical facade
Each facade section created by any required vertical facade
plane changes must have an area that is between 50% and
plane changes must have an area that is between 50% and
100% of the applicable Build-to-Plane
100% of the applicable Build-to-Plane
GR
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5.3.4
Exemption from Urban Design Requirements
A development permit may be issued for an addition, alteration, or new construction
that does not comply with the Urban Design Requirements set out in this Section
provided the Development Officer is satisfied that:
a) the proposal conforms to Municipal Planning Strategy Policy UC-40 and UC-41:
and
b) the permit application includes all information and materials necessary to
properly evaluate the proposal.
5.4 CONDITIONAL USES
5.4.1
Zone Requirements
Conditional uses in the Urban Corridor (UC) Zone shall be permitted subject to the
additional conditions set out in this Section, all applicable zone requirements found
in Section "5.2 As-of-right Development" and all other applicable requirements of this
By-law.
5.4.2
Emergency Shelter
An emergency shelter may be permitted on a property in the Urban Corridor (UC)
Zone subject to the following requirements:
a) the facility must provide a minimum of 150.0 m2 (1615 ft2) or 18.0 m2 (194 ft2) per
bed, whichever is greater, of outdoor amenity space that is not situated within a
front or flanking yard;
b) the primary entrance for clientele shall not be situated within 3.0 m (10 ft)
of a public right-of-way and shall not be within 23.0 m (75.5 ft) of a General
Residential (GR) or Downtown Neighbourhood (DN) Zone.
The street level facade shall consist of
at least 25% windows and doors
Figure 5.6: Windows & Openings
Any building with a facade that extends 25.0 m
or more shall incorporate at least one primary
entrance every 12.0 m
Portions of the facade not located
at grade level shall consist of at
least 15% windows and doors
UC
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5.4.3
Residential Use (up to 4 dwelling units)
a) A residential or mixed use development with up to four dwelling units may be
permitted on a property in the Urban Corridor (UC) Zone.
b) The maximum number of dwelling units in a main building shall not exceed four
units.
c) An accessory building in the Urban Corridor (UC) Zone may contain up to two
dwelling units subject to the following requirements:
i)
the total number of dwelling units on any property, including any located
within an accessory building, shall not exceed four units;
ii) only one accessory building may be occupied by a dwelling unit or units;
iii) any accessory building constructed or converted for a residential use must
comply with all applicable lot coverage and maximum impermeable surface
area limits for the Urban Corridor (UC) Zone; and
iv) any accessory building constructed or converted for a residential use must
comply with the requirements for accessory buildings set out in Subsection
"3.1.2 Accessory Buildings" of this By-law.
5.4.4
Accommodations
An existing building on a property in the Urban Corridor (UC) Zone may be converted
to an accommodation use without requiring a development agreement or site plan
approval provided:
a) the property meets the lot area and frontage requirements of the Urban
Corridor (UC) Zone;
b) the proposed development is entirely located within a single existing structure;
and
c) the existing structure conforms to the setbacks, height, lot coverage, and other
requirements of the Urban Corridor (UC) Zone.
5.4.5
Lodging House
A development permit may be issued for a lodging house in the Urban Corridor (UC)
Zone provided the lodging house:
a) contains a maximum of four lodging units within one housekeeping unit; and
b) occupies an entire structure; or
c) shares a single structure with a maximum of one other dwelling unit that
contains a maximum of two bedrooms.
UC
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5.4.6
Residential Conversion (up to 12 dwelling units)
An existing building in the Urban Corridor (UC) Zone may be converted to a multiple
unit residential use with up to 12 dwelling units on a single property without requiring
a development agreement or site plan approval provided:
a) the property meets the lot area and frontage requirements of the Urban
Corridor (UC) Zone;
b) the proposed development is entirely located within a single existing structure;
c) the existing structure conforms to the setbacks, height, lot coverage, and other
requirements of the Urban Corridor (UC) Zone; and
d) the conversion does not result in more than one new street facing entry
door except on a corner lot, in which case one additional entry door may be
permitted on each street facing facade.
5.5 USES BY SITE PLAN APPROVAL
5.5.1
Uses Permitted by Site Plan Approval
The following uses shall be permitted by site plan approval in the Urban Corridor (UC)
Zone subject to the site plan criteria outlined in subsection "5.5.2 Site Plan Criteria"
and all other applicable requirements of this By-law:
a) Dormitory
b) Residential Use (5 to 12 dwelling units)
c) Convenience Stores (over 120 m2 (1,292 ft2))
d) Laundry (over 120 m2 (1,292 ft2))
e) Health Care Clinic
f)
Personal Services (over 120 m2 (1,292 ft2))
g) Office and Professional (over 120 m2 (1,292 ft2))
h) Residential Care Facilities (8 or more beds)
i)
Restaurant (over 120 m2 (1,292 ft2))
5.5.2
Site Plan Criteria
The following site plan criteria apply to all new development that is permitted through
the site plan approval process in the Urban Corridor (UC) Zone. No development permit
shall be issued for development that is inconsistent with these criteria, in addition to
applicable zone standards and all other requirements of this By-law:
a) The location of new structures (or an addition to an existing structure) on
the lot shall minimize negative impacts on the surrounding neighbourhood,
including noise, dust, fumes, lighting, shadows, or other nuisance or
inconvenience to occupants of nearby residences;
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b) The location of off-street parking and loading facilities shall minimize negative
impacts on the surrounding neighbourhood, including traffic, noise, dust, fumes,
lighting, or other nuisance or inconvenience to occupants of nearby residences;
c) The location, number and width of points of access are designed to prevent
traffic, noise, dust, fumes, congestion, or other nuisance and inconvenience in
the area and minimize negative impacts to occupants of nearby residences;
d) The type, location, and height of walls, fences, hedges, trees, shrubs, ground
cover or other landscaping elements, or a combination thereof, which
is necessary to protect and minimize negative land use impacts on the
surrounding neighbourhood and adjacent streetscapes;
e) Existing vegetation shall be retained where the vegetation is healthy and helps
to minimize negative impacts on the surrounding neighbourhood and adjacent
streetscapes;
f)
The location of pedestrian walkways, and/or related infrastructure, shall be
provided to link public sidewalks and parking areas to entrances of all primary
buildings;
g) The type and location of outdoor lighting is designed to light the structure,
driveways and pedestrian infrastructure, but shall not be directed onto
neighbouring properties or public streets;
h) The location of facilities for the storage of solid waste provides for maximum
separation from residential development and public areas;
i)
The development does not violate any easement agreement in place on the
subject lands;
j)
The grading or alteration in elevation or contour of the land shall minimize
undue erosion and/or sedimentation, and other negative impacts on
neighbouring properties or public streets;
k) The management of storm and surface water is addressed, and associated plans
are approved by the Town Engineer; and
l)
The type, location number and size of signs or sign structures do not negatively
alter the appearance of the streetscape or neighbourhood.
5.6 USES BY DEVELOPMENT AGREEMENT
5.6.1
UC Zone Uses Permitted by Development Agreement
The following uses shall be considered only by development agreement in the Urban
Corridor (UC) Zone:
a) Residential Multiple Unit Use with 13 or more dwelling units.
For more information about
development agreements,
including how to make
application and the application
process, please consult the
Municipal Planning Strategy,
Chapter 14: Implementation
?
UC
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6 | Urban Growth Area (UG) Zone
UG
Accommodations
Artisan Studio
Automobile Service
Automobile Wash and Detailing
Bed and Breakfast
Campground
Community Garden
Community Institution
Convenience Stores
Day Care Centre
Dormitory
Lodging House
Educational Use
Emergency Shelter
Existing Residential Use
Food Service
Governmental Use
Health Care Clinic
Home Day Care
Neighbourhood Clinic
Office and Professional
Parks and Open Space
Personal Services
Recreation Facility, Indoor
Recreation Facility, Outdoor
Religious Institution
Residential Care Facilities (up to 7 beds)
Residential Care Facilities (8 or more beds)
Residential (up to 4 units)
Residential (5 to 18 units)
Residential (19 units or more)
Restaurant (up to 120 m2 (1,292 ft2))
Restaurant (over 120 m2 (1,292 ft2))
6.1
PERMITTED USES
DEVELOPMENT AGREEMENT
SITE PLAN APPROVAL
CONDITIONAL USE
AS-OF-RIGHT
Table 6.1: Urban Growth Area (UG) Zone Permitted Uses
UG
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6.2 AS-OF-RIGHT DEVELOPMENT
6.2.1
Urban Growth Area (UG) Zone Requirements
As-of-right development in the Urban Growth Area (UG) Zone shall be permitted
subject to the requirements set out in Table 6.2 in addition to all other applicable
requirements of this By-law:
Table 6.2: Urban Growth Area (UG) Zone Requirements
Height
Maximum of 26.4 m (86.6 ft) with
exceptions.
See Subsection 6.2.4 Building
Height Limit and Table 6.1 Urban
Growth Area (UG) Zone Height
Limits
Front Setback
Minimum 6.0 m (19.7 ft)
(some exceptions apply, see
Subsection 6.2.5 Front & Flanking
Yard Setbacks)
Side Setback
Minimum 2.5 m (8.2 ft), or
6.0 m (19.7 ft) when abutting
a General Residential (GR),
Downtown Neighbourhood (DN),
or Urban Corridor (UC) Zone (see
Subsection 6.2.3 Abutting Yard
Requirements) 0.0 m (0.0 ft) for a
common wall in a semi-detached
or townhouse dwelling.
Flanking (Side) Setback
Minimum 6.0 m (19.7 ft)
(some exceptions apply, see
Subsection 6.2.5 Front & Flanking
Yard Setbacks)
Rear Setback
Minimum 3.0 m (9.8 ft), or 6.0 m
(19.7 ft) when abutting a General
Residential (GR), Downtown
Neighbourhood (DN), or Urban
Corridor (UC) Zone
Lot Area
Minimum 450.0 m2 (4,844 ft2), or
210.0 m2 (2,261 ft2) per unit for a
townhouse dwelling, or 225.0 m2
(2,422 ft2) per unit for a semi-
detached dwelling
Lot Frontage
Minimum 15.0 m (49 ft), or 7.0 m
(23.0 ft) per unit for a townhouse
dwelling, or 10.0 m (32.8 ft) per
unit for a semi-detached dwelling
Lot Coverage
Maximum 50%
Impermeable Surface
Maximum 60 %
UG
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6.2.2
General Provisions Apply
Other applicable requirements for development in the Urban Growth Area (UG) Zone,
including accessory building, parking, and signage regulations, can be found in Part
3: General Provisions.
6.2.3
Abutting Yard Requirements
Where a property in the Urban Growth Area (UG) Zone abuts a Downtown Neighbourhood
(DN), Urban Corridor (UC), or General Residential (GR) Zone, the following requirements
shall apply to any abutting yard within the UG Zone:
a) the minimum setback requirement for an abutting yard shall be 6.0 m (20 ft);
b) no open storage or outdoor display shall be permitted within a required yard;
and
c) additional restrictions on signage, parking, and loading in an abutting yard can
be found in Part 3: General Provisions.
6.2.4
Building Height Limit
a) See Figure 6.1 for a graphic intended to illustrate an application of the height
limits prescribed in this subsection.
b) No portion of any main building shall exceed a height of 11.0 m (36.1 ft) within:
i)
26.4 m (86.6 ft) of the Downtown Neighbourhood (DN) Zone; or
ii) 14.7 m (48.2 ft) of the General Residential (GR) Zone.
UC
DN
GR
Figure 6.1: Urban Growth Area (UG) Zone Height Limits
ADJACENT TO DOWNTOWN
NEIGHBOURHOOD (DN) ZONE
ADJACENT TO URBAN
CORRIDOR (DC) ZONE
ADJACENT TO GENERAL
RESIDENTIAL (GR) ZONE
Height Limit
Distance from
DN Zone
View Plane
(0.5 Slope / 26.6°)
Height Limit
Height Limit
Distance from
UC Zone
Distance from
GR Zone
View Plane
(0.75 Slope / 36.9°)
View Plane
(0.75 Slope / 36.9°)
This graphic is for illustration purposes only and is an application of the height limits set out in Subsection 6.2.4. Please refer to Subsection 6.2.4 when determining height limits. In the event of
that more than one height limit applies, the more restrictive height limit shall apply.
UG
UG
UG
UG
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c) No portion of any main building shall exceed a height of 13.2 m (43.3 ft) within:
i)
17.6 m (57.7 ft) of the Urban Corridor (UC) Zone; or
ii) 6.0 m (19.7 ft) of any public right of way.
d) The maximum height of any portion of a main building situated over 26.4 m
(86.6 ft) from the Downtown Neighbourhood (DN) Zone, over 14.7 m (48.2 ft)
from the General Residential (GR) Zone, over 17.6 m (57.7 ft) from the Urban
Corridor (UC) Zone, and over 6.0 m (19.7 ft) from a public right-of-way shall be
the lesser of:
i)
0.75 times the distance the building or portion thereof is from a property in
the General Residential (GR) Zone; or
ii) 0.75 times the distance the building or portion thereof is from a property in
the Urban Corridor (UC) Zone; or
iii) 0.50 times the distance the building or portion thereof is from a property
in the Downtown Neighbourhood (DN) Zone; or
iv) 26.4 m (86.6 ft)
e) The maximum height of any portion of a main building situated within 60.0 m
(196.9 ft) of Victoria Park shall be 0.5 times the distance the building or portion
thereof is from the Park.
f)
Accessory buildings shall be subject to the height limits specified in Subsection
3.1.2 Accessory Buildings on page 1 of this By-law.
6.2.5
Front & Flanking Yard Setbacks
a) Main buildings in the Urban Growth (UG) Zone shall be set back from the front
lot line:
i)
at least 6.0 m (19.7 ft); or
ii) a distance equal to the Established Front Yard Setback which is the average
front yard setbacks of buildings facing the same street and situated within
30 m (98.4 ft) (see Figure 6.2); or
D
C
Average of
A,B,C, & D
Established Front
Yard Setback
A
B
Figure 6.2: Established Front Yard Setback
iii) any point between the
distances prescribed in
subclauses (i) and (ii).
b) On a corner lot in the Urban Growth
(UG) Zone, main buildings shall be
set back from a flanking lot line:
i)
at least 6.0 m (19.7 ft); or
ii) a distance equal to the average
front or flanking yard setbacks
of buildings facing the same
street and situated within 30 m
(98.4 ft): or
iii) any point between the
distances prescribed in
subclauses (i) and (ii).
UG
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6.2.6
Yard abutting Railway
Where a property in a the Urban Growth Area (UG) Zone abuts a right-of-way for an
existing railway line, setback requirements do not apply to any yard which directly
abuts the railway right-of-way.
6.2.7
Outdoor Storage and Display
a) Outdoor storage may be permitted in the Urban Growth Area (UG) Zone provided
the outdoor storage and display:
i)
is accessory to a use permitted in the Urban Growth Area (UG) Zone;
ii) is not located within a required yard;
iii) covers less than 75% of the lot; and
iv) is not located within a front or flanking yard.
b) Outdoor display may be permitted in the Urban Growth Area (UG) Zone provided
the outdoor display:
i)
is accessory to a use permitted in the Urban Growth Area (UG) Zone;
ii) includes only goods or materials that are intended for immediate sale to
the general public;
iii) covers less than 75% of the lot; and
iv) is not located in a required yard abutting a General Residential (GR),
Downtown Neighbourhood (DN), or Urban Corridor (UC) Zone
c) Where outdoor display is located within a front or flanking yard, a landscaped
strip at least 3.0 m (10 ft) wide shall be provided and maintained between the
display area and any abutting public right-of-way excluding any driveways or
pedestrian walkways.
6.3 CONDITIONAL USES
6.3.1
Zone Requirements
Conditional uses in the Urban Growth Area (UG) ) Zone shall be permitted subject to
the additional conditions set out in this Section, all applicable zone requirements
found in Section 6.2 As-of-right Development and all other applicable requirements
of this By-law.
6.3.2
Emergency Shelter
An emergency shelter may be permitted on a property in the Urban Growth Area (UG)
Zone subject to the following requirements:
a) the facility must provide a minimum of 150.0 m2 (1615 ft2) or 18.0 m2 (194 ft2) per
bed, whichever is greater, of outdoor amenity space that is not situated within a
front or flanking yard;
b) the primary entrance for clientele shall not be situated within 3.0 m (10 ft) of a
public right-of-way and shall not be within 15 m (49 ft) of a General Residential
(GR) Zone or Downtown Neighbourhood (DN) Zone.
UG
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6.3.3
Residential (up to 4 units)
a) A residential or mixed use development with up to four dwelling units may be
permitted on a property in the Urban Growth Area (UG) Zone.
b) The maximum number of dwelling units in a main building shall not exceed four
units.
c) An accessory building in the Urban Growth Area (UG) Zone may contain up to
two dwelling units subject to the following requirements:
i)
the total number of dwelling units on any property, including any located
within an accessory building, shall not exceed four units;
ii) only one accessory building may be occupied by a dwelling unit or units;
iii) any accessory building constructed or converted for a residential use must
comply with all applicable lot coverage and maximum impermeable surface
area limits for the Urban Growth Area (UG) Zone; and
iv) any accessory building constructed or converted for a residential use must
comply with the requirements for accessory buildings set out in subsection
3.1.2 Accessory Buildings on page 1 of this By-law.
6.3.4
Accommodations
a) A development permit may be issued for an accommodations use on a property
in the Urban Growth Area (UG) Zone provided:
i)
the property meets the lot area and frontage requirements of the Urban
Growth Area (UG) Zone; and
ii) the property has frontage on a street that is identified as a collector
or arterial road on the Street Classification Map found in Chapter 13:
Infrastructure of the Municipal Planning Strategy.
b) An existing structure in the Urban Growth Area (UG) Zone may be converted to
an accommodations use provided the existing structure meets the setbacks,
height, lot coverage, and other requirements of the UG Zone.
6.3.5
Automobile Service or Automobile Wash
a) A development permit may be issued for an automobile service use on a
property in the Urban Growth Area (UG) Zone provided:
i)
the property meets the lot area and frontage requirements of the Urban
Growth Area (UG) Zone; and
ii) the property has frontage on a street that is identified as a collector
or arterial road on the Street Classification Map found in Chapter 13:
Infrastructure of the Municipal Planning Strategy.
UG
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6.3.6
Restaurant (up to 120 m2 (1,292 ft2))
a) A development permit may be issued for a restaurant use on a property in the
Urban Growth Area (UG) Zone provided:
i)
the gross floor area of the restaurant does not exceed 120 m2 (1,292 ft2)
ii) the property meets the lot area and frontage requirements of the Urban
Growth Area (UG) Zone; and
iii) the property has frontage on a street that is identified as a collector
or arterial road on the Street Classification Map found in Chapter 13:
Infrastructure of the Municipal Planning Strategy.
b) An existing structure in the Urban Growth Area (UG) Zone may be converted to
a restaurant with a gross floor area up to 120 m2 (1,292 ft2) provided the existing
structure meets the setbacks, height, lot coverage, and other requirements of
the UG Zone.
6.3.7
Lodging House
A development permit may be issued for a lodging house in the Urban Growth Area
(UG) Zone provided the lodging house:
a) contains a maximum of four lodging units within one housekeeping unit; and
b) occupies an entire structure; or
c) shares a single structure with a maximum of one other dwelling unit that
contains a maximum of two bedrooms.
6.4 USES BY SITE PLAN APPROVAL
6.4.1
Uses Permitted by Site Plan Approval
The following uses shall be permitted by site plan approval in the Urban Growth
Area (UG) Zone subject to the site plan criteria outlined in subsection 6.4.2 Site Plan
Criteria and all other applicable requirements of this By-law:
a) Campground
b) Dormitory
c) Residential Care Facilities (8 or more beds)
d) Residential Use (5 to 18 dwelling units)
e) Restaurant (over 120 m2 (1,292 ft2))
UG
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6.4.2
Site Plan Criteria
The following site plan criteria apply to all new development that is permitted through
the site plan approval process in the Urban Growth Area (UG) Zone. No development
permit shall be issued for development that is inconsistent with these criteria, in
addition to applicable zone standards and all other requirements of this By-law:
a) The location of new structures (or an addition to an existing structure) on
the lot shall minimize negative impacts on the surrounding neighbourhood,
including noise, dust, fumes, lighting, shadows, or other nuisance or
inconvenience to occupants of nearby residences;
b) The location of off-street parking and loading facilities shall minimize negative
impacts on the surrounding neighbourhood, including traffic, noise, dust, fumes,
lighting, or other nuisance or inconvenience to occupants of nearby residences;
c) The location, number and width of points of access are designed to prevent
traffic, noise, dust, fumes, congestion, or other nuisance and inconvenience in
the area and minimize negative impacts to occupants of nearby residences;
d) The type, location, and height of walls, fences, hedges, trees, shrubs, ground
cover or other landscaping elements, or a combination thereof, which
is necessary to protect and minimize negative land use impacts on the
surrounding neighbourhood and adjacent streetscapes;
e) Existing vegetation shall be retained where the vegetation is healthy and helps
to minimize negative impacts on the surrounding neighbourhood and adjacent
streetscapes;
f)
The location of pedestrian walkways, and/or related infrastructure, shall be
provided to link public sidewalks and parking areas to entrances of all primary
buildings;
g) The type and location of outdoor lighting is designed to light the structure,
driveways and pedestrian infrastructure, but shall not be directed onto
neighbouring properties or public streets;
h) The location of facilities for the storage of solid waste provides for maximum
separation from residential development and public areas;
i)
The development does not violate any easement agreement in place on the
subject lands;
j)
The grading or alteration in elevation or contour of the land shall minimize
undue erosion and/or sedimentation, and other negative impacts on
neighbouring properties or public streets;
k) The management of storm and surface water is addressed, and associated plans
are approved by the Town Engineer; and
l)
The type, location number and size of signs or sign structures do not negatively
alter the appearance of the streetscape or neighbourhood.
UG
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6.5 USES BY DEVELOPMENT AGREEMENT
6.5.1
UC Zone Uses Permitted by Development Agreement
The following uses shall be considered only by development agreement in the Urban
Growth Area (UG) Zone:
a) Residential Multiple Unit Use with 19 or more dwelling units.
UG
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7 | Downtown Neighbourhood (DN) Zone
DN
Accommodations
Artisan Studio (up to 100 m2 (1,076 ft2))
Artisan Studio (over 100 m2 (1,076 ft2))
Bed and Breakfast
Community Institution
Day Care Centre
Educational Use
Food Service (up to 100 m2 (1,076 ft2))
Health Care Clinic
Home Day Care
Lodging House
Neighbourhood Clinic
Office and Professional (up to 100 m2 (1,076 ft2))
Office and Professional (over 100 m2 (1,076 ft2))
Recreation Facility, Outdoor
Parks and Open Space
Personal Services (up to 100 m2 (1,076 ft2))
Personal Services (over 100 m2 (1,076 ft2))
Residential Care Facilities (up to 7 beds)
Residential (1 Unit)
Residential (2 to 4 units)
7.1
PERMITTED USES
DEVELOPMENT AGREEMENT
SITE PLAN APPROVAL
CONDITIONAL USE
AS-OF-RIGHT
Table 7.1: Urban Corridor (UC) Permitted Uses
7.2 AS-OF-RIGHT DEVELOPMENT
7.2.1
Downtown Neighbourhood (DN) Zone Requirements
Development in the Downtown Neighbourhood (DN) Zone shall be permitted subject to
the requirements set out in Table 7.2 in addition to all other applicable requirements
of this By-law:
DN
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Table 7.2: Downtown Neighbourhood (DN) Zone Requirements
Height
Maximum of 11.0 m (36.1 ft)
Front Setback
Minimum 3.0 m (9.8 ft)
(some exceptions apply, see
Subsection "7.3.2 Building
Placement" on page 4)
Side Setback
Minimum 2.5 m (8.2 ft)
Flanking (Side) Setback
Minimum 3.0 m (9.8 ft)
(some exceptions apply, see
Subsection "7.3.2 Building
Placement" on page 4)
Rear Setback
Minimum 3.0 m (9.8 ft)
Lot Area
Minimum 450.0 m2 (4,844 ft2)
Lot Frontage
Minimum 15.0 m (49.2 ft)
Lot Coverage
Maximum 40%
Impermeable Surface
Maximum 50 %
7.2.2
General Provisions Apply
Other applicable requirements for development in the Downtown Neighbourhood (DN)
Zone including accessory building, parking, and signage regulations, can be found in
Part 3: General Provisions.
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7.2.3
Parking
a) No parking shall be permitted in the required front yard of any property in the
Downtown Neighbourhood (DN) Zone.
b) Where the cumulative parking requirement for all uses on any property in the
Downtown Neighbourhood (DN) Zone is more than three parking spaces, the
parking spaces must;
i)
be situated in the rear or side yard;
ii) not be visible from a public right-of-way or neighbouring residential use
unless the parking has been screened from view by an opaque fence that
is at least 1.5 m (4.9 ft) high or an evergreen hedge that will form a solid
visual barrier at least 1.5 m (4.9 ft) high following one growing season; and
iii) be accessible via a driveway that is situated on the same property as the
associated use and not shared by another property;
7.2.4
Retail Sales
A permitted use in the Downtown Neighbourhood (DN) Zone may include a limited
retail component provided:
a) the retail sales are accessory to a permitted use and only includes the sale of
products that are produced on site;
b) one off-street parking space, in addition to any other required parking, is
available and reserved for use by retail customers; and
c) the retail use does not occupy more than 25 percent of the floor area of the
non-residential use.
7.2.5
Mechanical Equipment
No mechanical equipment is permitted to be operated in the Downtown Neighbourhood
(DN) Zone except that which is reasonably consistent with a residential use.
7.2.6
Fencing
a) Fencing located anywhere in a front or flanking yard shall:
i)
be a picket, wrought iron, cast iron, stone, or post and rail style fence; and
ii) not exceed 1.0 m (3.3 ft) in height.
b) Opaque privacy fencing is not permitted in a front or flanking yard.
c) Fencing shall conform to all other requirements of this By-law.
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7.3 URBAN DESIGN REQUIREMENTS
7.3.1
Urban Design Requirements to Apply
No development permit will be issued for any new structure, alteration, or addition in
the Downtown Neighbourhood (DN) Zone unless the Development Officer determines
that the proposed structure, alteration or addition:
a) conforms to all applicable Urban Design Requirements set out in this Section; or
b) is exempt from the Urban Design Requirements in accordance with Municipal
Planning Strategy Policy DN-32; or
c) will bring a main building into conformance with an architectural style that
is represented by two or more heritage structures within the Downtown
Neighbourhood (DN) Zone; or
d) will not be easily viewed from any
point along the front lot line or,
where applicable, the flanking lot
line of the subject property.
7.3.2
Building Placement
a) The front facade of all new main
buildings shall occupy at least 75%
of the build-to-plane.
b) The build-to-plane is a vertical
plane that extends upward from
the established front yard setback
as defined in clause (c) below (see
Figure 5.1).
c) The established front yard setback
is a line drawn parallel to the street
situated at:
i)
a distance back from the front
lot line no greater than the
greatest front yard setback of a
main building facing the same
street and situated within 30 m
(98.4 ft) (see Figure 5.2); or
ii) a distance back from the
front lot line no less than the
smallest front yard setback of a
main building facing the same
street and situated within 30 m
(98.4 ft) (see Figure 5.2); or
iii) any point between the
distances prescribed in
subclauses (i) and (ii).
D
C
A Distance Between the
Least and Greatest Values
for A,B,C, or D
Established Front
Yard Setback
A
B
Figure 7.1: Established Front Yard Setback
Street Facing
Building Profile
Figure 7.2: Street Facing Building Profile
The profile of all street-facing
The profile of all street-facing
surfaces comprise the Street
surfaces comprise the Street
Facing Building Profile
Facing Building Profile
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d) The height of the build-to-plane
shall be the average height of any
main buildings facing the same
street and situated within 30.0 m
(98.4 ft).
e) The area of the build-to-plane shall
be the average area of the street
facing profiles of any main buildings
facing the same street and situated
within 30.0 m (98.4 ft);
f)
The build-to-plane shall not extend
into the required side-yard or
flanking yard setbacks.
g) On a corner lot, the build-to-plane
is a vertical plane extending upward
from both the front and flanking
streets at the established front
and the established flanking yard
setback, as defined in clause (f)
below.
A
B
C
D
Figure 7.3: Build-to-Plane
Build-to-Plane, Placed at
Established Front Yard Setback
Height of the Build-to-Plane is equal to average
height of A, B, C, D (buildings within 30.0 m)
Area of the Build-to-Plane is equal to average
area of the street facing profiles of A, B, C, D
New Structures in the DN Zone must
occupy 75% of the build-to-plane
Established Front
Yard Setback
Street Facing
Building Profile
Street Facing
Building Profile
Build-to-Plane does
Build-to-Plane does
not extend into
not extend into
required side yards
required side yards
Figure 7.4: Build-to-Plane on a Corner Lot
Street Facing
Building Profile
Front & Flanking
Build-to-Planes meet
at corner
Front Build-to-Plane
Average Height & Area of
Street Facing Profiles within
30.0 m, Placed at Established
Front Yard Setback
Flanking Build-to-Plane
Average height & area of
adjacent Street Facing Profiles
within 30.0 m, placed at
Established Flanking Yard Setback
Street Facing
Building Profile
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h) The established flanking yard setback is a line drawn parallel to the street and
which is situated at one of the following locations:
i)
at least 4.5 m (14.8 ft) back from the flanking lot line; or
ii) a distance back from the flanking lot line that is equal to the average front
or flanking yard setbacks of buildings facing the same street and situated
within 30 m (98.4 ft) (see Figure 5.2); or
iii) any point between the distances prescribed in subclauses (i) and (ii).
i)
On a corner lot, the build-to-planes for the front and flanking yards must meet
at the point where the established front and flanking yard setbacks intersect
(see Figure 5.4)
j)
On a corner lot, a building shall occupy at least 75% of both the front and
flanking build-to-planes.
Figure 7.5: Windows & Openings
Portions of the facade not located
at grade level shall consist of at
least 10% windows and doors
The front street level facade shall
consist of at least 15% windows
and doors
Building shall
feature a primary
entrance oriented
to the street
Any flanking facade
shall consist of at least
10% windows and doors
7.3.3
Building Form
New
buildings
in
the
Downtown
Neighbourhood (DN) Zone shall be
designed and constructed based on one
of the basic building forms described in
Figure 7.6.
7.3.4
Building Facade
a) All main buildings shall include at
least one primary entrance oriented
to the street.
b) No more than two exterior
entrances may be incorporated
into the front facade of any main
building.
c) That portion of the front facade within 4.0 m (13.1 ft) of grade must feature at
least 15% windows and doors (see Figure 7.5).
d) 10% percent of a building's front or, where applicable, flanking facade shall
consist of windows and doors (see Figure 7.5).
e) Except where otherwise prohibited by this By-law, new windows shall reinforce
any established width to height ratios or any established pattern in terms of
window placement, both in relation to grade and in relation to other windows,
that are exhibited by neighbouring structures on the same block.
f)
The facade of new main buildings shall incorporate architectural design
elements to reinforce any established patterns evident on other buildings that
make up the streetscape, including any established linear patterns or datum
lines created by design features such as:
i)
transoms;
ii) lintels; and
iii) cornices.
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Figure 7.6: Basic Building Forms
Greek Revival
1.5 to 2.5 storey
construction with a
medium to steep pitch
simple gable roof.
Structure features a front
facing main gable with a
symmetrical facade design.
1.5 storey construction
with a steep pitch gable
roof with main facade on
long elevation and side
facing gable ends. 1 to 3
dormers on facade with
steep pitch gable roofs.
Gothic Revival/Picturesque
Queen Anne Revival
New England Colonial
Folk Victorian
Shingle
Craftsman
Italianate
Four Square
Second Empire
2.5 storey construction with
a steep pitch gable roof with
side facing gable ends. Style
features central front entrance
and symmetrical facade.
1.5 to 2.5 storey construction
with a front facing gable roof.
Style is essentially Greek Revival
with Queen Anne details such as
decorative trim and a verandah.
2 to 2.5 storey construction
with a steeply pitched gable
roof extending down to the first
floor. Roof may feature a large
cross gable, shed dormers and
accent gables.
1.5 storey construction with a
large roof that sweeps down
to cover the front porch.
Form usually includes a
central dormer window.
1.5 to 2.5 storey construction
with a steep pitch mansard
roof that features projecting
front bays and multiple
dormers.
2 to 2.5 storey construction
with a low pitch hip roof
and double two storey
square front bays. Style
often features a side entry
with a covered porch.
2.5 storey square
construction with steep
pitched hip roof, and single
or multiple hip-roof dormers.
May include front verandah.
2.5 storey square
construction with steep
pitched hip roof, and
single or multiple hip-roof
dormers. May include front
verandah.
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7.3.5
Alterations
Alterations to an existing structure in the Downtown Neighbourhood (DN) Zone that
do not include an addition or expansion, such as the removal of a dormer or porch,
are permitted where the proposed alteration:
a) includes the removal of additions to the original structure; or
b) is not visible from the street; or
c) does not affect any architectural elements that are necessary in order for the
existing structure to conform to a basic building form described in Figure 7.6.
7.3.6
Additions
a) An existing structure in the Downtown Neighbourhood (DN) Zone that conforms
to one of the basic building forms described in Figure 7.6 may be expanded
provided:
i)
the addition is consistent with the original structure in terms of
architectural style and design elements;
ii) the addition does not increase the height of the structure;
iii) the addition is not identified as prohibited in Figure 7.7 or 7.8; and
iv) the addition conforms to the guidelines for additions illustrated in Figure
7.8.
Figure 7.7 Prohibited Alterations
New doorway visible
from public property or a
registered heritage property
New windows do not
match style of windows
found on the original
structure and do not
fit within the original
opening for the window.
New window does not fit within the
frame of the original window. The
gap has been filled and the original
window frame remains
Removal of the old dormer destroys
the symmetry of the facade which
is a key element of the original
structure's architectural style.
The new shed dormer addition
is visible from the street and
does not match the style of
the existing structure
ORIGINAL STRUCTURE
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Figure 7.8: Design Requirements for Additions
ORIGINAL
STRUCTURE
Prohibited
Additions
Permitted
Additions
The addition of dormers that are
consistent with one of the basic
building forms described in Figure 7.1
The addition of dormers that
match the roof pitch of the original
structure and which are consistent
with the architectural style of the
original structure
Side yard additions that match the
roof pitch and architectural style
of the original structure including
cross gables.
Side yard additions that match the
roof pitch of the original structure
and which are consistent with the
architectural style of the original
structure
The addition of a front porch or
verandah that is consistent with the
architectural style of the original
structure or consistent with additions
on two or more examples of heritage
homes in the DN Zone
The addition of dormers that do not
match the roof pitch or roof style
of the original structure but are
consistent with the design of dormers
found on two or more examples of
heritage homes in the DN Zone with the
same basic building form
Rear yard additions that do not exceed
50% 1 of the ground floor area of the
original structure and that match the
roof style or architectural style of the
original structure
1.
Total ground floor area of all additions to the original structure must
not exceed 50% of the ground floor area of the original structure
Additions that change the
roof line of the original
structure and change the
basic building form of
the original structure are
prohibited.
Additions that change
the roof line and do not
match the pitch of the
original structures' roof are
prohibited.
Additions that have a
different style roof than that
of the existing structure are
prohibited.
Side or rear yard additions
that exceed 50%1 of the
ground floor area of the
original structure and that
do not match the roof style
or architectural style of
the original structure are
prohibited.
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b) An existing structure in the Downtown Neighbourhood (DN) Zone that does
not conform to one of the basic building forms described in Figure 7.6 may be
expanded provided that the addition:
i)
is consistent with the original structure in terms of architectural style
and design elements where it can be demonstrated that the style of the
existing structure is consistent with a style that is represented by two or
more heritage structures within the Downtown Neighbourhood (DN) Zone;
or
ii) is designed to bring the structure into conformance, or more into
conformance, with one of the basic building forms described in Figure 7.6.
c) Expansions to existing structures within the Downtown Neighbourhood (DN)
Zone shall not increase the ground floor area of the original structure by more
than 50 percent.
7.3.7
Accessory Buildings
a) A building that is accessory to a heritage structure shall feature cladding, trim,
and windows which match the style of the original cladding, trim, and windows
found on the main building.
b) Portable storage sheds or "baby-barns" are only permitted in a rear yard where
they are not visible from any point along the front, or where applicable, flanking
lot line of the subject property.
7.3.8
Architectural Elements
a) Windows
i)
All new windows shall be
vertically oriented double or
single hung windows with a
minimum width to height ratio
of 1:1.75.
ii) New windows in an existing
structure or addition shall
match the size, width to height
ratio, and style of windows
found on the original structure.
iii) Replacement windows shall be
sized to fit the existing opening
in the original structure.
iv) Notwithstanding clause (iii),
a replacement window may
be enlarged or reduced in
size provided the size of the
existing window is not integral
to maintaining symmetry
or a defining element of
the existing structure's
architectural style.
Traditional double or single hung
windows are preferred with a minimum
width to height ratio of 1:1.75
Replacement windows shall be the same
style as the original window and shall
be the same size as the original window
unless the window frame and trim is
resized.
Figure 7.7 Widow Design Requirements
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Doors shall be a traditional panel design.
v) Where a new window or replacement window is installed, the exterior
window trim and, where applicable, the surrounding siding must be
refinished to fit the new window size and to match the trim on the original
structure.
vi) Ornamental windows, transom windows, piano windows, and picture
windows are exempt from the requirements set out in clauses (i) and (ii)
provided these windows are typically associated with the architectural
style of the structure.
b) Doors
i)
Doors shall be a traditional paneled design.
ii) Replacement doors shall be sized to fit the existing opening in the original
structure.
iii) Notwithstanding clause (ii), a replacement door may be enlarged or
reduced in size provided the exterior door trim and, where applicable, the
surrounding siding must be refinished to fit the new door size and to match
the trim on the original structure.
iv) Where a new door is installed, the trim around the door must match the
window and door trim on the original structure.
c) Trim
i)
For existing structures and new additions, all windows and doors shall be
trimmed in a manner that is consistent with the window and door trim
found on the original structure.
ii) For new structures, all windows
and doors shall feature trim
that is at least 15 cm (6 inch)
wide.
iii) New structures shall include a
frieze board, skirt board, and
corner trim.
iv) Expansions to existing
structures shall include trim
that matches the existing
structure
d) Cladding
i)
Exterior cladding shall be
traditional wooden clapboard,
wooden shakes or a product
designed to resemble these
materials.
ii) All siding shall have an exposed
face width of no more than 11.5
cm (4.5 inches).
iii) Cladding that is horizontally
aligned is preferred.
Frieze board.
Corner
Trim
Skirt Board
Horizontally
aligned
cladding is
preferred
All windows and doors
shall feature trim that
is at least 15 cm wide
Figure 7.8 Door Design Requirements
Figure 7.9 Trim and Cladding Requirements
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e) Dormers
i)
Dormers may be added to an existing structure that conforms to one of
the basic building forms illustrated in figure 7.6 provided the dormer is
consistent with the basic building form and architectural detailing of the
original structure.
ii) Dormers may be added to an existing structure that does not conform
to one of the basic building forms illustrated in Figure 7.6 provided the
dormer is designed to bring the structure into conformance, or more into
conformance, with one of the basic building forms illustrated in Figure 7.6.
iii) Shed dormers shall not exceed 30 percent of the surface area of the roof.
iv) All dormers on new and existing structures shall conform to the Design
Requirements for Additions described in Figure 7.8.
f)
Skylights
i)
Bubble-type skylights shall not be permitted on exterior visible from the
street.
ii) One flat-glazed skylight may be permitted on a roof facing a front or
flanking yard.
iii) Up to four skylights may be permitted on a rear-facing roof.
iv) Up to two skylights may be permitted on a side-facing roof.
v) Skylights should be no larger than 0.6 x 1.2 m (2.0 x 4.0 ft).
g) Shutters
i)
Shutters are not permitted on any structure in the
Downtown Neighbourhood (DN) Zone except where
the shutters are either operable or sized in such a
way that they would be large enough to cover the
window if they were operable.
h) Chimneys
i)
All chimneys must be enclosed by brick.
i)
Exterior Stairs
i)
Exterior stairs that require a handrail shall be
finished with a top and bottom rail, balusters, and
capped newel post.
ii) Balusters, rails, and newel posts on an existing
structure shall be of a style that compliments any
existing trim on the original structure.
iii) Where exterior stairs featuring a balustrade are
to be added to an existing structure, the style of
the top and bottom rail, balusters, and newel post
shall compliment or match the style of any existing
exterior stairs except where the existing stairs are
inconsistent with the style of trim found on the
original structure.
Top Rail
Bottom Rail
Newel Post
Baluster
The design of any exterior stairs shall complement or match
a style that is consistent with the style of trim typically found
on the architectural style of the main building
Exterior Stairs shall feature a top and bottom rail, balusters,
and a newel post
Figure 7.10 Exterior Stair Design Requirements
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j)
Porches and Verandahs
i)
Porches and verandahs are permitted on all basic building forms illustrated
in Figure 7.6.
ii) Porches and verandahs shall be designed in a manner that is consistent
with the basic building form of the original structure or designed in a
manner that will bring the structure into conformance, or more into
conformance, with one of the basic building forms described in Figure 7.6.
iii) The addition of porches and verandahs on Second Empire building forms
will only be permitted where it can be demonstrated the roof style of the
addition either matches or compliments the style of the original structure.
iv) The addition of porches and verandahs on symmetrical examples of Gothic
Revival/Picturesque building forms will only be permitted where it can be
demonstrated the addition does not make the facade asymmetrical.
7.4 CONDITIONAL USES
7.4.1
Zone Requirements
Conditional uses in the Downtown Neighbourhood (DN) Zone shall be permitted subject
to the additional conditions set out in this Section, all applicable zone requirements
for "7.2 As-of-right Development" set out in Section 7.2 and all other applicable
requirements of this By-law.
7.4.2
Residential (up to 2 units)
a) A residential or mixed use development with up to two dwelling units may be
permitted on a property in the Downtown Neighbourhood (DN) Zone.
b) The maximum number of dwelling units in a main building shall not exceed two
units.
7.4.3
Artisan Studio (up to 100 m2 (1,076 ft2))
An Artisan Studio with a maximum floor area of 100 m2 (1,076 ft2) may be permitted in
the Downtown Neighbourhood (DN) Zone provided the Artisan Studio:
a) does not include any outdoor display or outdoor storage;
b) is wholly enclosed within a structure;
c) if located within a main building, shares a structure with at least one and no
more than two residential dwelling units and occupies no more than 50 percent
of the structure's floor area above grade;
d) if located in an accessory building, shares a structure with no more than one
residential dwelling unit; and
e) is the only non-residential use on the property.
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7.4.4
Food Service (up to 100 m2 (1,076 ft2))
A Food Service Use with a maximum floor area of 100 m2 (1,076 ft2) may be permitted in
the Downtown Neighbourhood (DN) Zone provided the Food Service Use:
a) shares a main building with at least one and no more than two residential
dwelling units;
b) is the only non-residential use on the property;
c) occupies no more than 50 percent of the main building's floor area above grade;
d) does not include any outdoor display or outdoor storage; and
e) is wholly enclosed within a structure.
7.4.5
Office and Professional Uses (up to 100 m2 (1,076 ft2))
An Office and Professional Use with a maximum floor area of 100 m2 (1,076 ft2) may
be permitted in the Downtown Neighbourhood (DN) Zone provided the Office and
Professional Use:
a) does not include any outdoor display or outdoor storage;
b) is wholly enclosed within a structure;
c) if located within a main building, shares a structure with at least one and no
more than two residential dwelling units and occupies no more than 50 percent
of the structure's floor area above grade;
d) if located in an accessory building, shares a structure with no more than one
residential dwelling unit; and
e) is the only non-residential use on the property.
7.4.6
Personal Services (up to 100 m2 (1,076 ft2))
A Personal Service Use with a maximum floor area of 100 m2 (1,076 ft2) may be permitted
in the Downtown Neighbourhood (DN) Zone provided the Personal Service Use:
a) shares a main building with at least one and no more than two residential
dwelling units;
b) is the only non-residential use on the property;
c) occupies no more than 50 percent of the main building's floor area above grade;
d) does not include any outdoor display or outdoor storage; and
e) is wholly enclosed within a structure.
7.4.7
Accommodations
An existing building on a property in the Downtown Neighbourhood (DN) Zone may be
converted to an accommodation use provided:
a) the property meets the minimum lot area requirement of the Downtown
Neighbourhood (DN) Zone and has at least 12 m (39.4 ft) of frontage on a public
street;
DN
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b) the existing building conforms to the setbacks, height, lot coverage, and other
requirements of the Downtown Neighbourhood (DN) Zone;
c) the proposed accommodation use is entirely located within a single building;
and
d) the total combined number of accommodation units, dwelling units, or
housekeeping units shall not exceed 4 units.
7.4.8
Lodging House
An existing building on a property in the Downtown Neighbourhood (DN) Zone may be
converted to a lodging house provided:
a) the property meets the minimum lot area requirement of the Downtown
Neighbourhood (DN) Zone and has at least 12 m (39.4 ft) of frontage on a public
street;
b) there is no more than four lodging units within one housekeeping unit; and
c) the lodging house use occupies an entire structure; or
d) the lodging house use shares a single structure with a maximum of one other
dwelling unit that contains a maximum of two bedrooms.
7.5 USES BY SITE PLAN APPROVAL
7.6
Uses Permitted by Site Plan Approval
The following uses shall be permitted by site plan approval in the Downtown
Neighbourhood (DN) Zone subject to the Site Plan Criteria outlined in subsection 7.6.1
on page 16 and all other applicable requirements of this By-law:
a) Accommodations (in a new structure or new addition)
b) Residential (3 to 4 units)
c) One or two accessory dwelling units in a detached accessory building provided:
i)
the total number of dwelling units on any property, including any located
within an accessory building, shall not exceed four units;
ii) only one accessory building may be occupied by a dwelling unit(s);
iii) any accessory building occupied by a dwelling unit(s) may not be located in
a front or flanking yard;
iv) any accessory building constructed or converted for a residential use must
comply with all applicable lot coverage and maximum impermeable surface
area limits for the General Residential (GR) Zone; and
v) any accessory building constructed or converted for a residential use must
comply with the requirements for accessory buildings set out in Subsection
3.1.2 and 3.1.3 of this By-law.
d) Health Care Clinic
e) Artisan Studio over (over 100 m2 (1,076 ft2))
f)
Personal Services (over 100 m2 (1,076 ft2))
g) Office and Professional (over 100 m2 (1,076 ft2))
DN
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7.6.1
Site Plan Criteria
The following site plan criteria apply to all new development that is permitted
through the site plan approval process in the Downtown Neighbourhood (DN) Zone. No
development permit shall be issued for development that is inconsistent with these
criteria, in addition to applicable zone standards and all other requirements of this
By-law:
a) The location of new structures (or an addition to an existing structure) on
the lot shall minimize negative impacts on the surrounding neighbourhood,
including noise, dust, fumes, lighting, shadows, or other nuisance or
inconvenience to occupants of nearby residences;
b) The location of off-street parking and loading facilities shall minimize negative
impacts on the surrounding neighbourhood, including traffic, noise, dust, fumes,
lighting, or other nuisance or inconvenience to occupants of nearby residences;
c) The location, number and width of points of access are designed to prevent
traffic, noise, dust, fumes, congestion, or other nuisance and inconvenience in
the area and minimize negative impacts to occupants of nearby residences;
d) The type, location, and height of walls, fences, hedges, trees, shrubs, ground
cover or other landscaping elements, or a combination thereof, which
is necessary to protect and minimize negative land use impacts on the
surrounding neighbourhood and adjacent streetscapes;
e) Existing vegetation shall be retained where the vegetation is healthy and helps
to minimize negative impacts on the surrounding neighbourhood and adjacent
streetscapes;
f)
The location of pedestrian walkways, and/or related infrastructure, shall be
provided to link public sidewalks and parking areas to entrances of all primary
buildings;
g) The type and location of outdoor lighting is designed to light the structure,
driveways and pedestrian infrastructure, but shall not be directed onto
neighbouring properties or public streets;
h) The location of facilities for the storage of solid waste provides for maximum
separation from residential development and public areas;
i)
The development does not violate any easement agreement in place on the
subject lands;
j)
The grading or alteration in elevation or contour of the land shall minimize
undue erosion and/or sedimentation, and other negative impacts on
neighbouring properties or public streets;
k) The management of storm and surface water is addressed, and associated plans
are approved by the Town Engineer; and
l)
The type, location number and size of signs or sign structures do not negatively
alter the appearance of the streetscape or neighbourhood.
GR
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8 | General Residential (GR) Zone
GR
8.1
PERMITTED USES
Table 8.1: General Residential (GR) Permitted Uses
Artisan Studio (up to 60 m2 (645.8 ft2))
Bed and Breakfast
Community Garden
Education Use
Food Service (up to 60 m2 (645.8 ft2))
Home Day Care
Office and Professional (up to 60 m2 (645.8 ft2))
Parks & Open Space
Personal Services (up to 60 m2 (645.8 ft2))
Recreation Facility, Outdoor
Religious Institution
Residential Care Facility (up to 7 beds)
Residential Care Facility (8 or more beds)
Residential (1 unit)
Residential (2 to 5 units)
Urban Agricultural Use
Utilities and Public Works
DEVELOPMENT AGREEMENT
SITE PLAN APPROVAL
CONDITIONAL USE
AS-OF-RIGHT
8.2 AS-OF-RIGHT DEVELOPMENT
8.2.1
General Residential (GR) Zone Requirements
As-of-right development in the General Residential (GR) Zone shall be permitted
subject to the requirements set out in Table 8.2 in addition to all other applicable
requirements of this By-law:
8.2.2
General Provisions Apply
Other applicable requirements for development in the General Residential (GR) Zone,
including accessory building, parking, and signage regulations, can be found in Part
3: General Provisions.
GR
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Table 8.2: General Residential (GR) Zone Requirements
Height
Maximum of 11.0 m (36.1 ft)
Front Setback
Minimum 6.0 m (19.7 ft)
(some exceptions apply, see
Subsection 8.2.5)
Side Setback
Minimum 2.5 m (8.2 ft), or
0.0 m (0.0 ft) for a common wall
in a semi-detached or townhouse
dwelling.
Flanking (Side) Setback
Minimum 4.5 m (14.8 ft)
(some exceptions apply, see
Subsection 8.2.5)
Rear Setback
Minimum 7.5 m (24.6 ft)
Lot Area
Minimum 450.0 m2 (4,844 ft2), or
210.0 m2 (2,261 ft2) per unit for a
townhouse dwelling, or 225.0 m2
(2,422 ft2) per unit for a semi-
detached dwelling
Lot Frontage
Minimum 15.0 m (49 ft), or 7.0 m
(23.0 ft) per unit for a townhouse
dwelling, or 10.0 m (32.8 ft) per
unit for a semi-detached dwelling
Lot Coverage
Maximum 25%, or 40% for a
townhouse or semi-detached
dwelling.
Impermeable Surface
Maximum 25%, or 40% for a
townhouse or semi-detached
dwelling.
8.2.3
Yard abutting Railway
Where a property in a the General Residential (GR) Zone abuts a right-of-way for an
existing railway line, setback requirements do not apply to any yard which directly
abuts the railway right-of-way.
GR
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8.2.4
Parking
a) Parking or driveways shall not be permitted to occupy more than 40% of the
required front yard of any property in the General Residential (GR) Zone except
for a property developed as a freehold townhouse dwelling, in which case
parking and driveways may occupy up to 50% of the required front yard.
b) Where the cumulative parking requirement for all uses on any property in the
General Residential (GR) Zone is more than three parking spaces, the parking
spaces must;
i)
be situated in the rear yard unless the property is developed with
townhouse dwelling units;
ii) not be visible from a public right-of-way or neighbouring residential use
unless the parking has been screened from view by an opaque fence that
is at least 1.5 m (4.9 ft) high or an evergreen hedge that will form a solid
visual barrier at least 1.5 m (4.9 ft) high following one growing season; and
iii) be accessible via a driveway that is situated on the same property as the
associated use and not shared by another property;
8.2.5
Front & Flanking Yard Setbacks
a) Main buildings in the General Residential (GR) Zone shall be set back from the
front lot line:
i)
at least 6.0 m (19.7 ft); or
ii) a distance equal to the Established Front Yard Setback which is the average
front yard setbacks of buildings facing the same street and situated within
30 m (98.4 ft) (see Figure 8.1); or
iii) any point between the distances prescribed in subclauses (i) and (ii).
D
C
Average of
A,B,C, & D
Established Front
Yard Setback
A
B
Figure 8.1: Established Front Yard Setback
b) On a corner lot in the General
Residential (GR) Zone, main
buildings shall be set back from a
flanking lot line:
i)
at least 6.0 m (19.7 ft); or
ii) a distance equal to the average
front or flanking yard setbacks
of buildings facing the same
street and situated within 30 m
(98.4 ft): or
iii) any point between the
distances prescribed in
subclauses (i) and (ii).
GR
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8.2.6
Scale
a) The average height of any main
building shall vary by no more than
20% from the average height of
other existing main buildings facing
the same street and situated within
60 m (196.9 ft).
b) The surface area of the front facing
facade of any main building shall
vary by no more than 30% from the
average surface area of the front
facing facades of other existing
main buildings facing the same
street and situated within 60 m
(196.9 ft).
c) The building footprint of any main
building shall vary by no more than
30% from the average building
footprint other existing main
buildings facing the same street
and situated within 60 m (196.9 ft).
d) A structure containing freehold
townhouse units shall be exempt
from the facade area and building
footprint limits specified in Clauses
(b) and (c)
8.2.7
Corner Lot
Blank and featureless walls are not
permitted on the flanking elevation of
any main building situated on a corner
lot (see Figure 8.3) and the flanking
elevation shall:
a) feature at least 10% windows and
doors;
b) not have a surface area that varies
more than 20% from the average
surface area of the front facing
facades of other existing main
buildings facing the flanking street
and situated within 60 m (196.9
ft) unless the flanking elevation
features a projecting bay, porch,
verandah, or similar feature (see
Figure 8.4).
Figure 8.2: Scale
This structure varies from
the scale of other main
buildings on the street and
would not be permitted
Figure 8.4: Flanking Elevation
This structure incorporates
windows, a cross gable, and a
projection into the flanking facade
Figure 8.3: Blank Flanking Elevation not Permitted
This structure features a
blank flanking facade (facade
facing flanking yard) and is,
therefore, not permitted
Blank, featureless walls have a negative
Blank, featureless walls have a negative
impact on residential streetscapes, making
impact on residential streetscapes, making
them less inviting and pedestrian friendly
them less inviting and pedestrian friendly
GR
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8.2.8
Mechanical Equipment
No mechanical equipment is permitted to be operated in the General Residential (GR)
Zone except that which is reasonably consistent with a residential use.
8.2.9
Fencing
a) Opaque privacy fencing is not permitted in a front or flanking yard.
b) Fencing shall conform to all other requirements of this By-law.
8.2.10 Residential Conversions
An existing single detached dwelling in the General Residential (GR) Zone may be
converted to create an additional dwelling unit provided:
a) the maximum number of dwelling units on any property shall not exceed two
units except in conformance with the conditions set out in Subsection 8.3.8;
b) no expansion or modification of the existing structure has been undertaken
that has:
i)
increased the height of the structure;
ii) created more than one exterior entrance on a front or flanking facade; or
iii) altered the external appearance of the roof unless the alteration is related
to the addition of a dormer or dormers that conform to the architectural
style of the existing structure; and
c) the property on which the dwelling is situated meets the lot area and frontage
requirements for the General Residential (GR) Zone.
8.3 CONDITIONAL USES
8.3.1
Zone Requirements
Conditional uses in the General Residential (GR) Zone shall be permitted subject to the
additional conditions set out in this Section, all applicable zone requirements found
in Section "8.2 As-of-right Development" and all other applicable requirements of this
By-law.
8.3.2
Bed & Breakfast
A Bed & Breakfast may be permitted in the General Residential (GR) Zone provided the
Bed & Breakfast:
a) operates within a single detached dwelling that is the only dwelling unit on the
property;
b) is the only non-residential use on the property; and
c) contains a maximum of four guest rooms.
GR
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8.3.3
Artisan Studio (up to 60 m2 (645.8 ft2))
An Artisan Studio with a maximum floor area of 60 m2 (645.8 ft2) may be permitted in
the General Residential (GR) Zone provided the Artisan Studio:
a) does not include any outdoor display or outdoor storage;
b) is wholly enclosed within a structure;
c) if located within a main building, shares a structure with one residential
dwelling unit and occupies no more than 50 percent of the structure's floor area
above grade;
d) if located in an accessory building, shares a structure with no more than one
residential dwelling unit; and
e) is the only non-residential use on the property.
8.3.4
Food Service (up to 60 m2 (645.8 ft2))
A Food Service Use with a maximum floor area of 60 m2 (645.8 ft2) may be permitted
in the General Residential (GR) Zone provided the Food Service Use:
a) shares a main building with one residential dwelling unit and occupies no more
than 50 percent of the structure's floor area above grade;
b) is the only non-residential use on the property;
c) does not include any outdoor display or outdoor storage; and
d) is wholly enclosed within a structure.
8.3.5
Office and Professional Uses (up to 60 m2 (645.8 ft2))
An Office and Professional Use with a maximum floor area of 60 m2 (645.8 ft2) may be
permitted in the General Residential (GR) Zone provided the Office and Professional
Use:
a) does not include any outdoor display or outdoor storage;
b) is wholly enclosed within a structure;
c) if located within a main building, shares a structure with up to two residential
dwelling units and occupies no more than 50 percent of the structure's floor
area above grade;
d) if located in an accessory building, shares a structure with no more than one
residential dwelling unit; and
e) is the only non-residential use on the property.
GR
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8.3.6
Personal Services (up to 60 m2 (645.8 ft2))
A Personal Service Use with a maximum floor area of 60 m2 (645.8 ft2) may be permitted
in the General Residential (GR) Zone provided the Personal Service Use:
a) does not include any outdoor display or outdoor storage;
b) is wholly enclosed within a structure;
c) if located within a main building, shares a structure with one residential
dwelling unit and occupies no more than 50 percent of the structure's floor area
above grade;
d) if located in an accessory building, shares a structure with no more than one
residential dwelling unit; and
e) is the only non-residential use on the property.
8.3.7
Residential Care Facility (up to 7 beds)
A Residential Care Facility with a maximum of 7 beds (accommodations for up to
7 residents) may be permitted in the General Residential (GR) Zone provided the
Residential Care Facility:
a) is located at least 200.0 m (656.2 ft) from another Residential Care Facility; and
b) has a minimum of 150.0 m2 (1,614.6 ft2), or 18.0 m2 (193.8 ft2) per resident,
whichever is greater, of outdoor amenity space available to for use by clients of
the Residential Care Facility located in a side or rear yard; and
c) operates within a single detached dwelling that is the only dwelling unit on the
property; or
d) shares a structure with up to one additional dwelling unit that:
i)
is operated in conjunction with the Residential Care Facility; and
ii) contains a maximum of two bedrooms.
8.3.8
Residential (2 units)
a) A property in the General Residential (GR) Zone may contain up to two dwelling
units provided:
i)
there is no more than one dwelling unit permitted on any property
containing a freehold townhouse dwelling unit or a semi-detached dwelling
unit; and
ii) the property meets the minimum frontage and lot area requirements for
the General Residential (GR) Zone.
GR
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8.4 USES BY SITE PLAN APPROVAL
8.4.1
Uses Permitted by Site Plan Approval
The following uses shall be permitted by site plan approval in the General Residential
(GR) Zone subject to the site plan criteria outlined in subsection "8.4.2 Site Plan
Criteria" and all other applicable requirements of this By-law:
a) Religious Institution
b) A three unit dwelling
c) A two or three unit dwelling on a property that does not meet the minimum
frontage and lot area requirements for the General Residential (GR) Zone
d) A townhouse structure with up to five dwelling units on a property, or a freehold
townhouse structure with up to five dwelling units (each on its own property)
provided:
i)
all dwelling units are located within one structure;
ii) none of the dwelling units are located in an accessory building;
iii) the property meets the minimum frontage and lot area requirements for
townhouse units the General Residential (GR) Zone and
iv) each townhouse unit features an independent street facing entrance.
e) An accessory dwelling unit in a detached accessory building provided:
i)
the total number of dwelling units on any property, including any located
within an accessory building, shall not exceed three units;
ii) only one accessory building may be occupied by a dwelling unit;
iii) any accessory building occupied by a dwelling unit may not be located in a
front or flanking yard;
iv) any accessory building constructed or converted for a residential use must
comply with all applicable lot coverage and maximum impermeable surface
area limits for the General Residential (GR) Zone; and
v) any accessory building constructed or converted for a residential use must
comply with the requirements for accessory buildings set out in Subsection
3.1.2 and 3.1.3 of this By-law.
8.4.2
Site Plan Criteria
The following site plan criteria apply to all new development that is permitted through
the site plan approval process in the General Residential (GR) Zone. No development
permit shall be issued for development that is inconsistent with these criteria, in
addition to applicable zone standards and all other requirements of this By-law:
a) The location of new structures (or an addition to an existing structure) on
the lot shall minimize negative impacts on the surrounding neighbourhood,
including noise, dust, fumes, lighting, shadows, or other nuisance or
inconvenience to occupants of nearby residences;
GR
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b) The location of off-street parking and loading facilities shall minimize negative
impacts on the surrounding neighbourhood, including traffic, noise, dust, fumes,
lighting, or other nuisance or inconvenience to occupants of nearby residences;
c) The location, number and width of points of access are designed to prevent
traffic, noise, dust, fumes, congestion, or other nuisance and inconvenience in
the area and minimize negative impacts to occupants of nearby residences;
d) The type, location, and height of walls, fences, hedges, trees, shrubs, ground
cover or other landscaping elements, or a combination thereof, which
is necessary to protect and minimize negative land use impacts on the
surrounding neighbourhood and adjacent streetscapes;
e) Existing vegetation shall be retained where the vegetation is healthy and helps
to minimize negative impacts on the surrounding neighbourhood and adjacent
streetscapes;
f)
The location of pedestrian walkways, and/or related infrastructure, shall be
provided to link public sidewalks and parking areas to entrances of all primary
buildings;
g) The type and location of outdoor lighting is designed to light the structure,
driveways and pedestrian infrastructure, but shall not be directed onto
neighbouring properties or public streets;
h) The location of facilities for the storage of solid waste provides for maximum
separation from residential development and public areas;
i)
The development does not violate any easement agreement in place on the
subject lands;
j)
The grading or alteration in elevation or contour of the land shall minimize
undue erosion and/or sedimentation, and other negative impacts on
neighbouring properties or public streets;
k) The management of storm and surface water is addressed, and associated plans
are approved by the Town Engineer; and
l)
The type, location number and size of signs or sign structures do not negatively
alter the appearance of the streetscape or neighbourhood.
8.5 USES BY DEVELOPMENT AGREEMENT
8.5.1
GR Zone Uses Permitted by Development Agreement
The following uses shall be considered only by development agreement in the General
Residential (GR) Zone:
a) Education Use
b) Residential Care Facility (8 or more beds)
GR
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DEVELOPMENT AGREEMENT
SITE PLAN APPROVAL
CONDITIONAL USE
AS-OF-RIGHT
9 | Regional Service (RS) Zone
RS
9.1
PERMITTED USES
Table 9.1: Regional Service (RS) Zone Permitted Uses
Accommodations
Adult Entertainment
Animal and Pet Services
Animal Hospital
Animal Shelter
Artisan Studio
Automobile Repair
Automobile Sales and Rentals
Automobile Service Station
Automobile Wash and Detailing
Bank and Financial Institution
Bed and Breakfast
Beverage Room, Lounge and Cabaret
Broadcasting and Communications
Correctional Facility
Club
Community Garden
Community Institution
Convenience Store
Day Care Centre
Dormitory
Dry-cleaning and Laundry
Educational Use
Emergency Services
Emergency Shelter
Existing Residential Use
Farmers Market, Flea Market and Antique Market
Food Service
Funeral Home
Garden Centre
Governmental Use
Greenhouse, Nursery, and Floriculture
Health Care Clinic
Hospital
Industrial Equipment Sales and Service
Microbrewery and Microdistillery
continued...
RS
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9.2 AS-OF-RIGHT DEVELOPMENT
9.2.1
Regional Service (RS) Zone Requirements
As-of-right uses in the Regional Service (RS) Zone shall be permitted subject to the
requirements set out in Table 9.2 in addition to all other applicable requirements of
this By-law:
9.2.2
General Provisions Apply
Other applicable requirements for development in the Regional Service (RS) Zone,
including parking and signage regulations, can be found in Part 3: General Provisions.
9.2.3
Outdoor Storage and Display
a) Outdoor storage may be permitted in the Regional Service (RS) Zone provided
the outdoor storage and display:
i)
is accessory to a use permitted in the Regional Service (RS) Zone;
ii) is not located within a required yard;
iii) covers less than 75% of the lot; and
iv) is not located within a front or flanking yard.
Neighbourhood Clinic
Office and Professional Use
Parking Lots
Parking Structure
Parks & Open Space
Personal Services
Printing
Recreation Facility, Commercial
Recreation Facility, Indoor
Recreation Facility, Outdoor
Religious Institution
Repair Shop
Residential Care Facilities
Residential (up to 4 units)
Residential (5 to 18 units)
Residential (19 units or more)
Restaurant
Restaurant, Drive-Thru
Retail Store
Stadia and Auditoria
Tattoo Studio
Taxi Depot
Textile Mill
Transportation Facilities and Depots
Utilities and Public Works
Warehousing & Storage
Wholesale Use
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Table 9.2: Regional Service (RS) Zone Requirements
Height
Maximum of 26.4 m (86.6 ft) with
exceptions.
See Subsection "9.2.6 Building
Height Limit" and Figure 9.1
Regional Service (RS) Zone
Height Limits
Front Setback
Minimum 6.0 m (19.7 ft)
Side Setback
Minimum 6.0 m (19.7 ft) with
exceptions. See Subsection "9.2.5
Abutting Yard Requirements"for
additional requirements when
abutting a General Residential
(GR), Downtown Neighbourhood
(DN), or Urban Corridor (UC)
Zone and see Subsection "9.2.4
Relaxation of Lot Requirements"
Flanking (Side) Setback
Minimum 6.0 m (19.7 ft)
Rear Setback
Minimum 6.0 m (19.7 ft), see
Subsection "9.2.5 Abutting Yard
Requirements" for additional
requirements when abutting
a General Residential (GR),
Downtown Neighbourhood (DN),
or Urban Corridor (UC) Zone
Lot Area
Minimum 1,000.0 m2 (10,763.9 ft2)
with exceptions.
See Subsection "9.2.4 Relaxation
of Lot Requirements"
Lot Frontage
Minimum 45.0 m (147.6 ft) with
exceptions.
See Subsection "9.2.4 Relaxation
of Lot Requirements"
Lot Coverage
Maximum 60%
Impermeable Surface
Maximum 70 %
b) Outdoor display may be permitted in the Regional Service (RS) Zone provided
the outdoor display:
i)
is accessory to a use permitted in the Regional Service (RS) Zone;
ii) includes only goods or materials that are intended for immediate sale to
the general public;
iii) covers less than 75% of the lot; and
iv) is not located in a required yard abutting a General Residential (GR),
Downtown Neighbourhood (DN), or Urban Corridor (UC) Zone
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c) Where outdoor display is permitted within a front or flanking yard, a landscaped
strip at least 3.0 m (10 ft) wide shall be provided and maintained between the
display area and any abutting public right-of-way excluding any driveways or
pedestrian walkways.
9.2.4
Relaxation of Lot Requirements
a) Notwithstanding the lot requirements set out in Table 9.2, a lot in the Regional
Service (RS) Zone having an area of 4.0 ha (9.88 acres) or more may be
subdivided to create a lot with no frontage or less than the required frontage
provided:
i)
the remainder parcel has a minimum area of 2.0 ha (4.94 acres);
ii) the proposed lot is to be developed as part of a larger commercial
development;
iii) the proposed lot is 500.0 m2 (5,381.9 ft2) or more in area
iv) the proposed lot shall have its own connections to municipal services
secured via right-of-way easement agreements;
v) servicing for the proposed lot is satisfactory to the Town Engineer's Office;
vi) access to the proposed lot from a public street is available via a right-
of-way easement although physical access may be via an internal road
network that is part of a larger commercial development; and
vii) access to the site must be approved by the Town's Traffic Authority;
b) Notwithstanding the lot requirements set out in Table 9.2, a lot in the Regional
Service (RS) Zone having an area of 4.0 ha (9.88 acres) or more may be
subdivided to create a lot with no side yard setback or less than the required
side yard setback provided:
i)
the remainder parcel has a minimum area of 2.0 ha (4.94 acres); and
ii) the proposed lot is to be developed as part of a shopping centre or retail
complex on the parent parcel.
c) Clause (b) shall not apply to:
i)
any side yard abutting a property that is not part of the same shopping
centre or retail complex; and
ii) any side yard abutting a property that is not within the Regional Service
(RS) Zone.
9.2.5
Abutting Yard Requirements
In addition to any applicable restrictions on signage, parking, and loading in an
abutting yard found in Part 3: General Provisions, where a property in the Regional
Service (RS) Zone abuts a Downtown Neighbourhood (DN), Urban Corridor (UC), or
General Residential (GR) Zone, the abutting yard shall:
a) shall be double the applicable yard requirement set out in Table 9.2 and consist
entirely of undeveloped open space that is not occupied by any parking, loading
area, driveway, accessory building, outdoor storage, or outdoor display; or
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b) be entirely landscaped with a combination of existing and new trees which are:
i)
spaced in a staggered manner at intervals of 3.0 m (9.8 ft) on centre over
the entire area;
ii) new trees shall be a minimum of 1.5 m (4.9 ft) high at the time of planting;
iii) be at least 75% coniferous trees that are indigenous to the region; or
c) contain a earthen berm that is:
i)
2.0 m (6.6 ft) high and 7.0 m (23.0 ft) wide at the base; and
ii) landscaped with trees and bushes, planted at 6.0 m (19.7 ft) intervals, which
are at least 1.0 m (3.3 ft) in height at the time of planting; or
d) contain a fence that shall be erected along the abutting property line which:
i)
forms an opaque visual barrier at least 1.75 m (5.7 ft) high; and
ii) has any structural members facing away from the abutting property.
UC
DN
GR
Figure 9.1: Regional Service (RS) Zone Height Limits
ADJACENT TO DOWNTOWN
NEIGHBOURHOOD (DN) ZONE
ADJACENT TO URBAN
CORRIDOR (DC) ZONE
ADJACENT TO GENERAL
RESIDENTIAL (GR) ZONE
Height Limit
Distance from
DN Zone
View Plane
(0.5 Slope / 26.6°)
Height Limit
Height Limit
Distance from
UC Zone
Distance from
GR Zone
View Plane
(0.75 Slope / 36.9°)
View Plane
(0.75 Slope / 36.9°)
This graphic is for illustration purposes only and is an application of the height limits set out in Subsection 9.2.4. Please refer to Subsection 9.2.4 when determining height limits. In the event of
that more than one height limit applies, the more restrictive height limit shall apply.
RS
RS
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9.2.6
Building Height Limit
a) See Figure 9.1 for a graphic intended to illustrate an application of the height
limits prescribed in this subsection.
b) No portion of any main building shall exceed a height of 11.0 m (36.1 ft) within:
i)
26.4 m (86.6 ft) of the Downtown Neighbourhood (DN) Zone; or
ii) 14.7 m (48.2 ft) of the General Residential (GR) Zone.
c) No portion of any main building shall exceed a height of 13.2 m (43.3 ft) within:
i)
17.6 m (57.7 ft) of the Urban Corridor (UC) Zone;
ii) 6.0 m (19.7 ft) of any public right of way; or
iii) the West Prince Area as defined in Figure 9.2.
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d) The maximum height of any portion of a main building situated over 26.4 m
(86.6 ft) from the Downtown Neighbourhood (DN) Zone, over 14.7 m (48.2 ft)
from the General Residential (GR) Zone, over 17.6 m (57.7 ft) from the Urban
Corridor (UC) Zone, and over 6.0 m (19.7 ft) from a public right-of-way shall be
the lesser of:
i)
0.75 times the distance the building or portion thereof is from a property in
the General Residential (GR) Zone; or
ii) 0.75 times the distance the building or portion thereof is from a property in
the Urban Corridor (UC) Zone; or
iii) 0.50 times the distance the building or portion thereof is from a property
in the Downtown Neighbourhood (DN) Zone; or
iv) 26.4 m (86.6 ft)
e) Accessory buildings shall be subject to the height limits specified in Subsection
"3.1.2 Accessory Buildings"of this By-law.
9.2.7
Yard abutting Railway
Where a property in a the Regional Service (RS) Zone abuts a right-of-way for an
existing railway line, setback requirements do not apply to any yard which directly
abuts the railway right-of-way.
Figure 9.2: West Prince Area
West Prince Area
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9.3 CONDITIONAL USES
9.3.1
Zone Requirements
Conditional uses in the Regional Service (RS) Zone shall be permitted subject to the
additional conditions set out in this Section, all applicable zone requirements found
in Section "9.2 As-of-right Development" and all other applicable requirements of this
By-law.
9.3.2
Adult Entertainment
a) No adult entertainment use, or related signage, shall be permitted within 100.0
m (328.1 ft) of a property containing a residential use, an education use, a bed &
breakfast, a community institution, a daycare centre, a dormitory, a residential
care facility, a funeral home, a religious institution, a park, a playground, a
sports field/court, or an accommodations use.
b) No development permit shall be issued for an adult entertainment use unless
the use is located on a property that has frontage on a collector or arterial
road as identified on the Street Classification Map found in Chapter 13 of the
Municipal Planning Strategy.
c) No adult entertainment use or related signage shall be permitted within the
West Prince Area as defined in Figure 9.2.
9.3.3
Animal Hospital or Shelters
a) An animal hospital or shelter may be permitted in the Regional Service (RS)
Zone provided the animal hospital or shelter is located over 60.0 m (196.9 ft)
from any General Residential (GR), Downtown Neighbourhood (DN), or Urban
Corridor (UC) Zone.
b) Clause a) notwithstanding, an animal hospital or shelter may be permitted
within 60.0 m (196.9 ft) of a General Residential (GR), Downtown Neighbourhood
(DN), or Urban Corridor (UC) Zone provided :
i)
any exterior runs or pens are only occupied by animals between 8:00 am
and 8:00 pm;
ii) any exterior runs or pens are not located within 60 m (197 ft) of any
General Residential (GR), Downtown Neighbourhood (DN), Urban Corridor
(UC) Zone, or any existing residential use, and
iii) aside from any permitted exterior run or pen, the animal hospital or shelter
is otherwise wholly enclosed within a structure.
9.3.4
Beverage Room, Lounge and Cabaret
A beverage room, lounge, or cabaret may be permitted in the Regional Service (RS)
Zone provided the beverage room, lounge, or cabaret is not located within the West
Prince Area as defined in Figure 9.2 or within 60.0 m (196.9 ft) of a General Residential
(GR) or Downtown Neighbourhood (DN) Zone.
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9.3.5
Emergency Shelter
An emergency shelter may be permitted on a property in the Regional Service (RS)
Zone provided:
a) the facility must provide a minimum of 150.0 m2 (1615 ft2) or 18.0 m2 (194 ft2)
per bed, whichever is greater, of outdoor amenity space available for use by
clientele of the emergency shelter that is situated on the property and not
situated within a front or flanking yard;
b) the primary entrance for clientele shall not be situated within 3.0 m (10 ft) of a
public right-of-way and shall not be within 15 m (49 ft) of a General Residential
(GR) Zone or Downtown Neighbourhood (DN) Zone; and.
c) the emergency shelter is not situated within the West Prince Area as defined in
Figure 9.2.
9.3.6
Existing Residential Use
A property containing an existing residential use in the Regional Service (RS) Zone
may be used and developed subject to the requirements of the General Residential
(GR) Zone.
9.3.7
Residential (up to 4 units)
Up to four dwelling units may be permitted on a property in the Regional Service (RS)
Zone provided:
a) the dwelling units are part of mixed use development that includes a
commercial component;
b) the floor area occupied by the residential use must not exceed 66% of the total
floor area of a main building;
c) the residential use must not occupy the ground floor of any main building;
d) An accessory building in the Regional Service (RS) Zone may contain up to two
dwelling units subject to the following requirements:
i)
the total number of dwelling units on any property, including any located
within an accessory building, shall not exceed four units;
ii) only one accessory building may be occupied by a dwelling unit or units;
iii) any accessory building occupied by a dwelling unit may not be located in a
front or flanking yard;
iv) any accessory building constructed or converted for a residential use must
comply with all applicable lot coverage and maximum impermeable surface
area limits for the Regional Service (RS) Zone; and
v) any accessory building constructed or converted for a residential use must
comply with the requirements for accessory buildings set out in Subsection
"3.1.2 Accessory Buildings".
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9.4 USES BY SITE PLAN APPROVAL
9.4.1
Uses Permitted by Site Plan Approval
a) The following uses shall be permitted by site plan approval in the Regional
Service (RS) Zone subject to the site plan criteria outlined in subsection "9.4.2
Site Plan Criteria" and all other applicable requirements of this By-law:
i)
Residential Use (5 to 18 dwelling units)
b) To be considered by site plan approval in accordance with Subclause 9.4.1 (a)(i),
the residential use must:
i)
be part of a mixed use development that includes a commercial
component;
ii) not occupy more than 66% of the total floor area of a main building; and
iii) not occupy the ground floor of any main building;
9.4.2
Site Plan Criteria
The following site plan criteria apply to all new development that is permitted through
the site plan approval process in the Regional Service (RS) Zone. No development
permit shall be issued for development that is inconsistent with these criteria, in
addition to applicable zone standards and all other requirements of this By-law:
a) The location of new structures (or an addition to an existing structure) on
the lot shall minimize negative impacts on the surrounding neighbourhood,
including noise, dust, fumes, lighting, shadows, or other nuisance or
inconvenience to occupants of nearby residences;
b) The location of structures on the lot shall minimize potential land use conflicts
that may arise between any proposed residential uses and any existing or
future commercial developments;
c) The location of structures on the lot shall minimize the degree to which any
residential development detracts from the future development potential of the
land for commercial purposes;
d) The location of off-street parking and loading facilities shall minimize negative
impacts on the surrounding neighbourhood, including traffic, noise, dust, fumes,
lighting, or other nuisance or inconvenience to occupants of nearby residences;
e) The location, number and width of points of access are designed to prevent
traffic, noise, dust, fumes, congestion, or other nuisance and inconvenience in
the area and minimize negative impacts to occupants of nearby residences;
f)
The type, location, and height of walls, fences, hedges, trees, shrubs, ground
cover or other landscaping elements, or a combination thereof, which
is necessary to protect and minimize negative land use impacts on the
surrounding neighbourhood and adjacent streetscapes;
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g) The type, location, and height of walls, fences, hedges, trees, shrubs, ground
cover or other landscaping elements, or a combination thereof, which is
necessary to protect and minimize potential land use conflicts that may arise
between any proposed residential uses and any existing or future commercial
developments;
h) Existing vegetation shall be retained where the vegetation is healthy and helps
to minimize negative impacts on the surrounding neighbourhood and adjacent
streetscapes;
i)
The location of pedestrian walkways, and/or related infrastructure, shall be
provided to link public sidewalks and parking areas to entrances of all primary
buildings;
j)
The type and location of outdoor lighting is designed to light the structure,
driveways and pedestrian infrastructure, but shall not be directed onto
neighbouring properties or public streets;
k) The location of facilities for the storage of solid waste provides for maximum
separation from residential development and public areas;
l)
The development does not violate any easement agreement in place on the
subject lands;
m) The grading or alteration in elevation or contour of the land shall minimize
undue erosion and/or sedimentation, and other negative impacts on
neighbouring properties or public streets;
n) The management of storm and surface water is addressed, and associated plans
are approved by the Town Engineer; and
o) The type, location number and size of signs or sign structures do not negatively
alter the appearance of the streetscape or neighbourhood.
9.5 USES BY DEVELOPMENT AGREEMENT
9.5.1
RS Zone Uses Permitted by Development Agreement
The following uses shall be considered only by development agreement in the Regional
Service (RS) Zone:
a) Residential Multiple Unit Use with 19 or more dwelling units.
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10 | Business Industrial (BI) Zone
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10.1 PERMITTED USES
Table 10.1: Business Industrial (BI) Zone Permitted Uses
DEVELOPMENT AGREEMENT
SITE PLAN APPROVAL
CONDITIONAL USE
AS-OF-RIGHT
continued...
Accommodations
Adult Entertainment
Animal and Pet Services
Animal Hospital
Animal Shelter
Artisan Studio
Automobile Repair
Automobile Sales and Rentals
Automobile Service Station
Automobile Wash and Detailing
Bank and Financial Institution
Beverage Room, Lounge and Cabaret
Brewery, Winery, and Distillery
Broadcasting and Communications
Construction Industry
Correctional Facility
Club
Community Institution
Convenience Stores
Crematoria
Crop Production, Indoor
Day Care Centre
Dormitory
Dry-cleaning and Laundry
Educational Use
Emergency Services
Emergency Shelter
Farmers Market, Flea Market, and Antique Market
Food Service
Funeral Home
Garden Centre
Governmental Use
Greenhouse, Nursery, and Floriculture
Health Care Clinic
Hospital
Industrial Equipment Sales and Service
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10.2 AS-OF-RIGHT DEVELOPMENT
10.2.1
Business Industrial (BI) Zone Requirements
As-of-right uses in the Business Industrial (BI) Zone shall be permitted subject to the
requirements set out in Table 10.2 in addition to all other applicable requirements of
this By-law:
10.2.2 General Provisions Apply
Other applicable requirements for development in the Business Industrial (BI) Zone,
including parking and signage regulations, can be found in Part 3: General Provisions.
10.2.3 Yard abutting Railway
Where a property in a the Business Industrial (BI) Zone abuts a right-of-way for an
existing railway line, setback requirements do not apply to any yard which directly
abuts the railway right-of-way.
Kennel
Manufacturing, Processing, and Assembly
Neighbourhood Clinic
Office and Professional Use
Parking Lots
Parking Structure
Parks and Open Space
Personal Services
Printing
Recreation Facility, Commercial
Recreation Facility, Indoor
Recreation Facility, Outdoor
Recycling and Material Recovery
Religious Institution
Repair Shop
Residential (up to 4 units)
Restaurant
Restaurant, Drive-Thru
Retail
Scientific and Technical Service
Stadia and Auditoria
Taxi Depot
Transportation Facilities and Depots
Utilities
Warehousing & Storage
Waste Management and Remediation
Wholesale Use
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10.2.4 Abutting Yard Requirements
In addition to any applicable restrictions on signage, parking, and loading in an
abutting yard found in Part 3: General Provisions, where a property in the Business
Industrial (BI) Zone abuts an Urban Corridor (UC) or General Residential (GR) Zone, the
abutting yard shall:
a) shall be double the applicable yard requirement set out in Table 10.2 and consist
entirely of undeveloped open space that is not occupied by any parking, loading
area, driveway, accessory building, outdoor storage, or outdoor display; or
Table 10.2: Business Industrial (BI) Zone Requirements
Height
No maximum height except
within 35.0 m (114.8 ft) of a
General Residential (GR) Zone
where the maximum height is
13.2 m (43.3 ft).
Front Setback
Minimum 7.5 m (24.6 ft)
Side Setback
Minimum 6.0 m (19.7 ft) with
exceptions. See Subsection 10.2.4
Abutting Yard Requirements for
additional requirements when
abutting a General Residential
(GR) Zone
Flanking (Side) Setback
Minimum 7.5 m (24.6 ft)
Rear Setback
Minimum 7.5 m (24.6 ft) with
exceptions, see Subsection 10.2.4
Abutting Yard Requirements for
additional requirements when
abutting a General Residential
(GR) Zone
Lot Area
Minimum 2,000.0 m2 (0.49 acres)
Lot Frontage
Minimum 30.0 m (98.4 ft)
Lot Coverage
Maximum 60%
Impermeable Surface
Maximum 60 %
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b) be entirely landscaped with a combination of existing and new trees which are:
i)
spaced in a staggered manner at intervals of 3.0 m (9.8 ft) on centre over
the entire area;
ii) new trees shall be a minimum of 1.5 m (4.9 ft) high at the time of planting;
iii) be at least 75% coniferous trees that are indigenous to the region; or
c) contain a earthen berm that is:
i)
2.0 m (6.6 ft) high and 7.0 m (23.0 ft) wide at the base; and
ii) landscaped with trees and bushes, planted at 6.0 m (19.7 ft) intervals, which
are at least 1.0 m (3.3 ft) in height at the time of planting; or
d) contain a fence that shall be erected along the abutting property line which:
i)
forms an opaque visual barrier at least 1.75 m (5.7 ft) high; and
ii) has any structural members facing away from the abutting property.
10.2.5 Outdoor Storage and Display
Outdoor storage and display may be permitted in the Business Industrial (BI) Zone
provided the outdoor storage and display:
a) is accessory to a use permitted in the Business Industrial (BI) Zone;
b) shares a lot with at least one structure with a floor area greater than 230 m2
(2,476 ft2);
c) is not located within a required yard;
d) covers less than 75% of the lot;
e) is not located within a front or flanking yard; and
f)
is not located in a required yard abutting a General Residential (GR), Downtown
Neighbourhood (DN), or Urban Corridor (UC) Zone.
10.2.6 Building Height Limit
a) See Figure 6.1 for a graphic intended to illustrate an application of the height
limits prescribed in this subsection.
b) No portion of any main building shall exceed a height of 11.0 m (36.1 ft) within:
i)
26.4 m (86.6 ft) of the Downtown Neighbourhood (DN) Zone; or
ii) 14.7 m (48.2 ft) of the General Residential (GR) Zone.
c) No portion of any main building shall exceed a height of 13.2 m (43.3 ft) within:
i)
17.6 m (57.7 ft) of the Urban Corridor (UC) Zone; or
ii) 6.0 m (19.7 ft) of any public right of way.
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d) The maximum height of any portion of a main building situated over 26.4 m
(86.6 ft) from the Downtown Neighbourhood (DN) Zone, over 14.7 m (48.2 ft)
from the General Residential (GR) Zone, over 17.6 m (57.7 ft) from the Urban
Corridor (UC) Zone, and over 6.0 m (19.7 ft) from a public right-of-way shall be
the lesser of:
i)
0.75 times the distance the building or portion thereof is from a property in
the General Residential (GR) Zone; or
ii) 0.75 times the distance the building or portion thereof is from a property in
the Urban Corridor (UC) Zone; or
iii) 0.50 times the distance the building or portion thereof is from a property
in the Downtown Neighbourhood (DN) Zone; or
iv) 26.4 m (86.6 ft)
e) Accessory buildings shall be subject to the height limits specified in Subsection
3.1.2 Accessory Buildings on page 1 of this By-law.
10.3 CONDITIONAL USES
10.3.1
Zone Requirements
Conditional uses in the Business Industrial (BI) Zone shall be permitted subject to the
additional conditions set out in this Section, all applicable zone requirements found
in Section 10.2 As-of-right Development and all other applicable requirements of this
By-law.
10.3.2 Adult Entertainment
a) No adult entertainment use, or related signage, shall be permitted within 100.0
m (328.1 ft) of a property containing a residential use, an education use, a bed &
breakfast, a community institution, a daycare centre, a dormitory, a residential
care facility, a funeral home, a religious institution, a park, a playground, a
sports field/court, or an accommodations use.
b) No development permit shall be issued for an adult entertainment use unless
the use is located on a property that has frontage on a collector or arterial
road as identified on the Street Classification Map found in Chapter 13 of the
Municipal Planning Strategy.
10.3.3 Dormitory
a) A dormitory may be permitted within a main building on a property in the
Business Industrial (BI) Zone provided:
i)
the primary use of the property and the main building is a non-residential
use permitted in the Business Industrial (BI) Zone;
ii) the property meets the lot area and frontage requirements of the Business
Industrial (BI) Zone;
iii) the floor area occupied by the dormitory does not exceed 20% of the total
floor area of a main building; and
iv) the dormitory does not occupy the ground floor of any main building.
BI
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b) A dormitory may be permitted within an accessory building on a property in the
Business Industrial (BI) Zone provided:
i)
any accessory building occupied by a dwelling unit may not be located in a
front or flanking yard;
ii) any accessory building constructed or converted for a residential use must
comply with all applicable lot coverage and maximum impermeable surface
area limits for the Business Industrial (BI) Zone; and
iii) any accessory building constructed or converted for a residential use must
comply with the requirements for accessory buildings set out in Subsection
3.1.2 Accessory Buildings.
10.3.4 Residential (up to 4 units)
a) Up to two dwelling units may be permitted within a main building on a property
in the Business Industrial (BI) Zone provided:
i)
the primary use of the property and the main building is a non-residential
use permitted in the Business Industrial (BI) Zone;
ii) the property meets the lot area and frontage requirements of the Business
Industrial (BI) Zone;
iii) the floor area occupied by the residential use does not exceed 20% of the
total floor area of a main building; and
iv) the residential use does not occupy the ground floor of any main building.
b) Up to two dwelling units may be permitted within an accessory building on a
property in the Business Industrial (BI) Zone provided:
i)
the total number of dwelling units on any property, including any located
within an accessory building, shall not exceed four units;
ii) only one accessory building may be occupied by a dwelling unit or units;
iii) any accessory building occupied by a dwelling unit may not be located in a
front or flanking yard;
iv) any accessory building constructed or converted for a residential use must
comply with all applicable lot coverage and maximum impermeable surface
area limits for the Regional Service (RS) Zone; and
v) any accessory building constructed or converted for a residential use must
comply with the requirements for accessory buildings set out in Subsection
3.1.2 Accessory Buildings.
10.4 USES BY SITE PLAN APPROVAL
10.4.1
Uses Permitted by Site Plan Approval
The following uses shall be permitted by site plan approval in the Urban Growth Area
(UG) Zone subject to the site plan criteria outlined in subsection 10.4.2 Site Plan
Criteria and all other applicable requirements of this By-law:
a) Recycling and Material Recovery
b) Waste Management and Remediation
BI
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10.4.2 Site Plan Criteria
The following site plan criteria apply to all new development that is permitted through
the site plan approval process in the Urban Growth Area (UG) Zone. No development
permit shall be issued for development that is inconsistent with these criteria, in
addition to applicable zone standards and all other requirements of this By-law:
a) The location of new structures (or an addition to an existing structure) on
the lot shall minimize negative impacts on the surrounding neighbourhood,
including noise, dust, fumes, lighting, shadows, or other nuisance or
inconvenience to occupants of nearby residences;
b) The location of off-street parking and loading facilities shall minimize negative
impacts on the surrounding neighbourhood, including traffic, noise, dust, fumes,
lighting, or other nuisance or inconvenience to occupants of nearby residences;
c) The location, number and width of points of access are designed to prevent
traffic, noise, dust, fumes, congestion, or other nuisance and inconvenience in
the area and minimize negative impacts to occupants of nearby residences;
d) The type, location, and height of walls, fences, hedges, trees, shrubs, ground
cover or other landscaping elements, or a combination thereof, which
is necessary to protect and minimize negative land use impacts on the
surrounding neighbourhood and adjacent streetscapes;
e) Existing vegetation shall be retained where the vegetation is healthy and helps
to minimize negative impacts on the surrounding neighbourhood and adjacent
streetscapes;
f)
The location of pedestrian walkways, and/or related infrastructure, shall be
provided to link public sidewalks and parking areas to entrances of all primary
buildings;
g) The type and location of outdoor lighting is designed to light the structure,
driveways and pedestrian infrastructure, but shall not be directed onto
neighbouring properties or public streets;
h) The location of facilities for the storage of solid waste provides for maximum
separation from residential development and public areas;
i)
The development does not violate any easement agreement in place on the
subject lands;
j)
The grading or alteration in elevation or contour of the land shall minimize
undue erosion and/or sedimentation, and other negative impacts on
neighbouring properties or public streets;
k) The management of storm and surface water is addressed, and associated plans
are approved by the Town Engineer; and
l)
The type, location number and size of signs or sign structures do not negatively
alter the appearance of the streetscape or neighbourhood.
BI
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11 | Future Growth Area (FG) Zone
FG
11.1 PERMITTED USES
Table 11.1: Future Growth Area (FG) Zone Permitted Uses
11.2 AS-OF-RIGHT DEVELOPMENT
11.2.1
Future Growth Area (FG) Zone Requirements
As-of-right uses in the Future Growth Area (FG) Zone shall be permitted subject to the
requirements set out in Table 11.2 in addition to all other applicable requirements of
this By-law:
11.2.2
General Provisions Apply
Other applicable requirements for development in the Future Growth Area (FG) Zone,
including parking and signage regulations, can be found in Part 3: General Provisions.
Artisan Studio (up to 100 m2 (1,076 ft2))
Bed and Breakfast
Community Garden
Education Use
Food Service (up to 100 m2 (1,076 ft2))
Home Day Care
Office and Professional (up to 100 m2 (1,076 ft2))
Parks & Open Space
Personal Services (up to 100 m2 (1,076 ft2))
Recreation Facility, Outdoor
Religious Institution
Residential Care Facility (up to 7 beds)
Residential Care Facility (8 to 74 beds)
Residential Care Facility (75 or more beds)
Residential (up to 2 units)
Residential (3 to 5 units)
Residential (3 to 50 units)
Residential (51 or more units)
Urban Agricultural Use
Utilities and Public Works
DEVELOPMENT AGREEMENT
SITE PLAN APPROVAL
CONDITIONAL USE
AS-OF-RIGHT
FG
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Height
Maximum of 11.0 m (36.1 ft)
(some exceptions apply, see
Subsection 11.2.4 Building Height
Limit)
Front Setback
Minimum 7.5 m (24.6 ft)
Side Setback
Minimum 2.5 m (8.2 ft), or
0.0 m (0.0 ft) for a common wall
in a semi-detached or townhouse
dwelling, or minimum 1/2 the
height of the main building for
residential uses with 6 or more
units (see Subsection 11.2.3)
Flanking (Side) Setback
Minimum 6.0 m (19.7 ft)
Rear Setback
Minimum 7.5 m (24.6 ft) or
minimum 1/2 the height of the
main building for residential
uses with 6 or more units (see
Subsection 11.2.3).
Lot Area
Minimum 450.0 m2 (4,844 ft2),
or minimum 210.0 m2 (2,261
ft2) per unit for a townhouse
dwelling, or minimum 225.0 m2
(2,422 ft2) per unit for a semi-
detached dwelling, or minimum
150.0 m2 (1,614.6 ft2) per unit for
residential uses with 6 or more
units.
Lot Frontage
Minimum 15.0 m (49 ft), or
minimum 7.0 m (23.0 ft) per unit
for a townhouse dwelling, or
minimum 10.0 m (32.8 ft) per unit
for a semi-detached dwelling,
or minimum 25.0 m (82.0 ft) for
residential uses with 6 or more
units.
Lot Coverage
Maximum 25%, or 40% for a
townhouse or semi-detached
dwelling.
Impermeable Surface
Maximum 25%, or 40% for a
townhouse or semi-detached
dwelling.
Table 11.2: Future Growth Area (FG) Zone Requirements
FG
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11.2.3
Abutting Yard Requirements
Where a property in the Future Growth Area (UG) Zone abuts a General Residential (GR)
Zone, the following requirements shall apply to any abutting yard within the FG Zone:
a) the minimum setback requirement for an abutting yard shall be 2.5 m (8.2 ft) or
one half the height of the main building, whichever is greater;
b) no open storage or outdoor display shall be permitted within a required yard;
and
c) additional restrictions on signage, parking, and loading in an abutting yard can
be found in Part 3: General Provisions.
11.2.4
Building Height Limit
a) The maximum height of a multiple unit residential building in the Future Growth
Area (FG) Zone may be 16.5 m (54.1 ft) provided:
i)
the proposed structure is located over 22.0 m (72.2 ft) from any property in
the General Residential (GR) Zone; and
ii) the proposed structure is not located within the General Residential Area
as shown on the East End Future Growth Area Conceptual Plan and South
End Future Growth Area Conceptual Plan shown in Figures 11.4 and 11.5 .
b) The maximum height of any portion of a main building situated within 60.0 m
(196.9 ft) of Victoria Park shall be 0.5 times the distance the building or portion
thereof is from the Park.
11.2.5
Parking
a) Parking or driveways shall not be permitted to occupy more than 40% of the
required front yard of any property in the Future Growth Area (FG) Zone except
for a property developed as a freehold townhouse dwelling, in which case
parking and driveways may occupy up to 50% of the required front yard.
b) Where the cumulative parking requirement for all uses on any property in the
Future Growth Area (FG) Zone is more than three parking spaces, the parking
spaces must;
i)
be situated in the rear or side yard unless the property is developed with
townhouse dwelling units;
ii) not be visible from a public right-of-way or neighbouring residential use
unless the parking has been screened from view by an opaque fence that
is at least 1.5 m (4.9 ft) high or an evergreen hedge that will form a solid
visual barrier at least 1.5 m (4.9 ft) high following one growing season; and
iii) be accessible via a driveway that is situated on the same property as the
associated use and not shared by another property;.
11.2.6
Mechanical Equipment
No mechanical equipment is permitted to be operated in the General Residential (GR)
Zone except that which is reasonably consistent with a residential use.
FG
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Figure 11.3: Flanking Elevation
This structure incorporates
windows, a cross gable, and a
projection into the flanking facade
Figure 11.2: Blank Flanking Elevation not Permitted
This structure features a
blank flanking facade (facade
facing flanking yard) and is,
therefore, not permitted
Blank, featureless walls have a negative
Blank, featureless walls have a negative
impact on residential streetscapes, making
impact on residential streetscapes, making
them less inviting and pedestrian friendly
them less inviting and pedestrian friendly
11.2.7
Fencing
a) Opaque privacy fencing is not
permitted in a front or flanking
yard.
b) Fencing shall conform to all other
requirements of this By-law.
11.2.8
Scale
a) The average height of any main
building shall vary by no more than
20% from the average height of
other existing main buildings facing
the same street and situated within
60 m (196.9 ft).
b) The surface area of the front facing
facade of any main building shall
vary by no more than 30% from the
average surface area of the front
facing facades of other existing
main buildings facing the same
street and situated within 60 m
(196.9 ft).
c) The building footprint of any main
building shall vary by no more than
30% from the average building
footprint other existing main
buildings facing the same street
and situated within 60 m (196.9 ft).
d) A structure containing freehold
townhouse units shall be exempt
from the facade area and building
footprint limits specified in Clauses
(b) and (c)
11.2.9
Corner Lot
Blank and featureless walls are not
permitted on the flanking elevation of
any main building situated on a corner
lot (see Figure 11.3) and the flanking
elevation shall:
a) feature at least 10% windows and
doors;
Figure 11.1: Scale
This structure varies from
the scale of other main
buildings on the street and
would not be permitted
FG
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b) not have a surface area that varies more than 20% from the average surface
area of the front facing facades of other existing main buildings facing the
flanking street and situated within 60 m (196.9 ft) unless the flanking elevation
features a projecting bay, porch, verandah, or similar feature (see Figure 11.3).
11.3 CONDITIONAL USES
11.3.1
Zone Requirements
Conditional uses in the Future Growth Area (FG) Zone shall be permitted subject to the
additional conditions set out in this Section, all applicable zone requirements found
in Section "11.2 As-of-right Development" and all other applicable requirements of this
By-law.
11.3.2
Future Growth Area (FG) Zone Conditional Uses
Except where otherwise permitted in this Chapter, all uses in the Future Growth Area
(FG) Zone, excluding Parks and Open Spaces, Community Gardens, Urban Agricultural
Uses, and Utilities and Public Works, are conditional uses, permitted only when the
proposed use:
a) complies with any special conditions applicable to the proposed use described
in this Section; and
b) conforms to, or does not preclude the implementation of, the East End Future
Growth Area Conceptual Plan and South End Future Growth Area Conceptual
Plan shown in Figures 11.4 and 11.5 respectively.
11.3.3
Artisan Studio (up to 100 m2 (1,076 ft2))
An Artisan Studio with a maximum floor area of 100 m2 (1,076 ft2) may be permitted in
the Future Growth Area (FG) Zone provided the Artisan Studio:
a) conforms to, or does not preclude the implementation of, the East End Future
Growth Area Conceptual Plan and South End Future Growth Area Conceptual
Plan shown in Figures 11.4 and 11.5 respectively;
b) does not include any outdoor display or outdoor storage;
c) is wholly enclosed within a structure;
d) if located within a main building, shares a structure with one residential
dwelling unit and occupies no more than 50 percent of the structure's floor area
above grade;
e) if located in an accessory building, shares a structure with no more than one
residential dwelling unit; and
f)
is the only non-residential use on the property.
FG
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N
0
100
200
metres
East End Future Growth Area
AT Trail Connection
Potential Street
Required Street Connection
Low Water Pressure Area
Environmental Reserve
Park/Open Space
Future Growth Area
General Residential Area
Site Plan Approval Area
Figure 11.4: East End Future Growth Area Conceptual Plan
FG
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0
100
200
metres
South End Future Growth Area
AT Trail Connection
Potential Street
Required Street Connection
Environmental Reserve
Park/Open Space
Future Growth Area
General Residential Area
Site Plan Approval Area
Figure 11.5: South End Future Growth Area Conceptual Plan
FG
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11.3.4
Office and Professional Uses (up to 100 m2 (1,076 ft2))
An Office and Professional Use with a maximum floor area of 100 m2 (1,076 ft2) may be
permitted in the Future Growth Area (FG) Zone provided the Office and Professional
Use:
a) conforms to, or does not preclude the implementation of, the East End Future
Growth Area Conceptual Plan and South End Future Growth Area Conceptual
Plan shown in Figures 11.4 and 11.5 respectively;
b) does not include any outdoor display or outdoor storage;
c) is wholly enclosed within a structure;
d) if located within a main building, shares a structure with up to two residential
dwelling units and occupies no more than 50 percent of the structure's floor
area above grade;
e) if located in an accessory building, shares a structure with no more than one
residential dwelling unit; and
f)
is the only non-residential use on the property.
11.3.5
Food Service (up to 100 m2 (1,076 ft2))
A Food Service Use with a maximum floor area of 100 m2 (1,076 ft2) may be permitted
in the Future Growth Area (FG) Zone provided the Food Service Use:
a) conforms to, or does not preclude the implementation of, the East End Future
Growth Area Conceptual Plan and South End Future Growth Area Conceptual
Plan shown in Figures 11.4 and 11.5 respectively;
b) shares a main building with one residential dwelling unit and occupies no more
than 50 percent of the structure's floor area above grade;
c) is the only non-residential use on the property;
d) does not include any outdoor display or outdoor storage; and
e) is wholly enclosed within a structure.
11.3.6
Bed & Breakfast
A Bed & Breakfast may be permitted in the Future Growth Area (FG) Zone provided the
Bed & Breakfast:
a) conforms to, or does not preclude the implementation of, the East End Future
Growth Area Conceptual Plan and South End Future Growth Area Conceptual
Plan shown in Figures 11.4 and 11.5 respectively;
b) operates within a single detached dwelling that is the only dwelling unit on the
property;
c) is the only non-residential use on the property; and
d) contains a maximum of four guest rooms.
FG
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11.3.7
Personal Services (up to 100 m2 (1,076 ft2))
A Personal Service Use with a maximum floor area of 100 m2 (1,076 ft2) may be permitted
in the Future Growth Area (FG) Zone provided the Personal Service Use:
a) conforms to, or does not preclude the implementation of, the East End Future
Growth Area Conceptual Plan and South End Future Growth Area Conceptual
Plan shown in Figures 11.4 and 11.5 respectively;
b) does not include any outdoor display or outdoor storage;
c) is wholly enclosed within a structure;
d) if located within a main building, shares a structure with one residential
dwelling unit and occupies no more than 50 percent of the structure's floor area
above grade;
e) if located in an accessory building, shares a structure with no more than one
residential dwelling unit; and
f)
is the only non-residential use on the property.
11.3.8
Residential Care Facility (up to 7 beds)
A Residential Care Facility with a maximum of 7 beds (accommodations for up to
7 residents) may be permitted in the Future Growth Area (FG) Zone provided the
Residential Care Facility:
a) conforms to, or does not preclude the implementation of, the East End Future
Growth Area Conceptual Plan and South End Future Growth Area Conceptual
Plan shown in Figures 11.4 and 11.5 respectively;
b) is located at least 200.0 m (656.2 ft) from another Residential Care Facility; and
c) has a minimum of 150.0 m2 (1,614.6 ft2), or 18.0 m2 (193.8 ft2) per resident,
whichever is greater, of outdoor amenity space available to for use by clients of
the Residential Care Facility located in a side or rear yard; and
d) operates within a single detached dwelling that is the only dwelling unit on the
property; or
e) shares a structure with up to one additional dwelling unit that:
i)
is operated in conjunction with the Residential Care Facility; and
ii) contains a maximum of two bedrooms.
11.3.9
Residential (1-2 units)
A property in the Future Growth Area (FG) Zone may contain a two dwelling unit
provided:
a) no more than 60% of dwelling units within 50 m (164.0 ft) of the property,
excluding dwelling units not located in the Future Growth (FG) Zone, are semi-
detached or two-unit dwellings; and
b) the use conforms to, or does not preclude the implementation of, the East
End Future Growth Area Conceptual Plan and South End Future Growth Area
Conceptual Plan shown in Figures 11.4 and 11.5 respectively.
FG
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11.3.10 Residential (3 to 5 units)
a) A property in the Future Growth Area (FG) Zone may contain up to three dwelling
units provided:
i)
no more than 75% of dwelling units within 50 m (164.0 ft) of the property
are within structures containing 3 to 5 dwelling units;
ii) there are no more than two dwelling units in any main building;
iii) there is no more than one dwelling unit in an accessory building;
iv) there is no more than one dwelling unit permitted on any property
containing a freehold townhouse dwelling unit or a semi-detached dwelling
unit;
v) the property meets the minimum frontage and lot area requirements for
the Future Growth Area (FG) Zone; and
vi) the use conforms to, or does not preclude the implementation of, the East
End Future Growth Area Conceptual Plan and South End Future Growth Area
Conceptual Plan shown in Figures 11.4 and 11.5 respectively.
b) A townhouse structure with up to five dwelling units on a property, or a freehold
townhouse structure with up to five dwelling units (each on its own property),
may be permitted in the Future Growth Area (FG) Zone provided:
i)
no more than 75% of dwelling units within 50 m (164.0 ft) of the property
are within structures containing 3 to 5 dwelling units;
ii) all dwelling units are located within one structure;
iii) none of the dwelling units are located in an accessory building;
iv) the property meets the minimum frontage and lot area requirements for
townhouse units the Future Growth Area (FG) Zone;
v) each townhouse unit features an independent street facing entrance; and
vi) the use conforms to, or does not preclude the implementation of, the East
End Future Growth Area Conceptual Plan and South End Future Growth Area
Conceptual Plan shown in Figures 11.4 and 11.5 respectively.
c) An accessory building in the Future Growth Area (FG) Zone may contain one
dwelling unit subject to the following requirements:
i)
the total number of dwelling units on any property, including any located
within an accessory building, shall not exceed three units;
ii) only one accessory building may be occupied by a dwelling unit;
iii) any accessory building occupied by a dwelling unit may not be located in a
front or flanking yard;
iv) any accessory building constructed or converted for a residential use must
comply with all applicable lot coverage and maximum impermeable surface
area limits for the Future Growth Area (FG) Zone;
v) any accessory building constructed or converted for a residential use must
comply with the requirements for accessory buildings set out in Subsection
3.1.2 on page 1 of this By-law; and
vi) the use conforms to, or does not preclude the implementation of, the East
End Future Growth Area Conceptual Plan and South End Future Growth Area
Conceptual Plan shown in Figures 11.4 and 11.5 respectively.
FG
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11.4 USES BY SITE PLAN APPROVAL
11.4.1
Uses Exempt from Site Plan Approval
All permitted uses in the Future Growth Area (FG) Zone, excluding Education Uses,
Residential Care Facilities (with 8 or more beds), and Multiple-Unit Residential Uses are
exempt from Site Plan Approval provided the use conforms to, or does not preclude
the implementation of, the East End Future Growth Area Conceptual Plan and South
End Future Growth Area Conceptual Plan shown in Figures 11.4 and 11.5 respectively.
11.4.2
Uses Permitted by Site Plan Approval
a) Except where otherwise prohibited by clause (b), the following uses shall be
permitted by site plan approval in the Future Growth Area (FG) Zone subject
to the site plan criteria outlined in subsection "11.4.3 Site Plan Criteria" and all
other applicable requirements of this By-law:
i)
Educational Uses
ii) Residential Care Facilities (8 to 74 beds)
iii) Multiple-Unit Residential (3 to 50 units)
b) The following are not be eligible for site plan approval:
i)
a multiple-unit residential development with between 3 and 50 dwelling
units where less than 40% of dwelling units within 60 m (164.0 ft) of the
proposed multiple unit residential structure are single detached, semi-
detached, two-unit, or townhouse dwelling units.
ii) a multiple-unit residential development with between 3 and 50 dwelling
units or a Residential Care Facility with between 8 to 74 beds located within
a 'General Residential Area' as identified on the East End Future Growth
Area Conceptual Plan or South End Future Growth Area Conceptual Plan
shown in Figures 11.4 and 11.5 respectively.
iii) any development that does not conform to, or precludes the
implementation of, the East End Future Growth Area Conceptual Plan or
South End Future Growth Area Conceptual Plan shown in Figures 11.4 and
11.5 respectively.
11.4.3
Site Plan Criteria
The following site plan criteria apply to all new development that is permitted through
the site plan approval process in the Future Growth Area (FG) Zone. No development
permit shall be issued for development that is inconsistent with these criteria, in
addition to applicable zone standards and all other requirements of this By-law:
a) The location of new structures (or an addition to an existing structure) on
the lot shall minimize negative impacts on the surrounding neighbourhood,
including noise, dust, fumes, lighting, shadows, or other nuisance or
inconvenience to occupants of nearby residences;
b) The location of off-street parking and loading facilities shall minimize negative
impacts on the surrounding neighbourhood, including traffic, noise, dust, fumes,
lighting, or other nuisance or inconvenience to occupants of nearby residences;
FG
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TOWN OF TRURO COMMUNITY PLAN
Future Growth (FG) Zone
LAND USE BY-LAW
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c) The location, number and width of points of access are designed to prevent
traffic, noise, dust, fumes, congestion, or other nuisance and inconvenience in
the area and minimize negative impacts to occupants of nearby residences;
d) The type, location, and height of walls, fences, hedges, trees, shrubs, ground
cover or other landscaping elements, or a combination thereof, which
is necessary to protect and minimize negative land use impacts on the
surrounding neighbourhood and adjacent streetscapes;
e) Existing vegetation shall be retained where the vegetation is healthy and helps
to minimize negative impacts on the surrounding neighbourhood and adjacent
streetscapes;
f)
The location of pedestrian walkways, and/or related infrastructure, shall be
provided to link public sidewalks and parking areas to entrances of all primary
buildings;
g) The type and location of outdoor lighting is designed to light the structure,
driveways and pedestrian infrastructure, but shall not be directed onto
neighbouring properties or public streets;
h) The location of facilities for the storage of solid waste provides for maximum
separation from residential development and public areas;
i)
The development does not violate any easement agreement in place on the
subject lands;
j)
The grading or alteration in elevation or contour of the land shall minimize
undue erosion and/or sedimentation, and other negative impacts on
neighbouring properties or public streets;
k) The management of storm and surface water is addressed, and associated plans
are approved by the Town Engineer; and
l)
The type, location number and size of signs or sign structures do not negatively
alter the appearance of the streetscape or neighbourhood.
11.5 USES BY DEVELOPMENT AGREEMENT
11.5.1
FG Zone Uses Permitted by Development Agreement
The following uses shall be considered only by development agreement in the Future
Growth (FG) Zone:
a) Residential Care Facility (75 or more beds) provided the use is not located within
a 'General Residential Area' as identified on the East End Future Growth Area
Conceptual Plan or South End Future Growth Area Conceptual Plan shown in
Figures 11.4 and 11.5 respectively;
b) Multiple-Unit Residential Use with 51 or more dwelling units provided the use
is not located within a 'General Residential Area' as identified on the East
End Future Growth Area Conceptual Plan or South End Future Growth Area
Conceptual Plan shown in Figures 11.4 and 11.5 respectively;
FG
PART 7 | CHAPTER 11 | PAGE 13
Future Growth (FG) Zone
TOWN OF TRURO COMMUNITY PLAN
LAND USE BY-LAW
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c) General Residential (GR) Zone uses that do not conform to, or that preclude
the implementation of, the East End Future Growth Area Conceptual Plan or
South End Future Growth Area Conceptual Plan shown in Figures 11.4 and 11.5
respectively;
d) Future Growth (FG) Zone uses that do not conform to, or that preclude the
implementation of, the East End Future Growth Area Conceptual Plan or
South End Future Growth Area Conceptual Plan shown in Figures 11.4 and 11.5
respectively, provided that the use is located within the Future Growth Area as
identified on the Future Growth Area Conceptual Plans; and
e) Educational Uses, Residential Care Facilities (8 to 74 beds), and Residential Uses
(6 to 50 units) that are not eligible for site plan approval.
FG
PAGE 14 | CHAPTER 11 | PART 7
TOWN OF TRURO COMMUNITY PLAN
Future Growth (FG) Zone
LAND USE BY-LAW
DC
UC
UG
DN
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BI
FG
RR
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RR
PART 7 | CHAPTER 12 | PAGE 1
Rural Residential (RR) Zone
TOWN OF TRURO COMMUNITY PLAN
LAND USE BY-LAW
DC
UC
UG
DN
GR
BI
FG
RR
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PO
CR
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12 | Rural Residential (RR) Zone
RR
12.1 PERMITTED USES
Table 12.1: Rural Residential (RR) Zone Permitted Uses
Agricultural Uses
Animal Hospital
Animal Shelter
Artisan Studio (up to 100 m2 (1,076 ft2))
Bed and Breakfast
Cemetery
Community Garden
Day Care Centre
Food Service (up to 100 m2 (1,076 ft2))
Greenhouse, Nursery, and Floriculture
Golf Course
Home Day Care
Kennel
Office and Professional (up to 100 m2 (1,076 ft2))
Parks & Open Space
Personal Services (up to 100 m2 (1,076 ft2))
Recreation Facility, Outdoor
Religious Institution
Residential Care Facility (up to 7 beds)
Residential (up to 2 units)
Utilities and Public Works
DEVELOPMENT AGREEMENT
SITE PLAN APPROVAL
CONDITIONAL USE
AS-OF-RIGHT
12.2 AS-OF-RIGHT DEVELOPMENT
12.2.1
Rural Residential (RR) Zone Requirements
As-of-right uses in the Rural Residential (RR) Zone shall be permitted subject to the
requirements set out in Table 12.2 in addition to all other applicable requirements of
this By-law:
RR
PAGE 2 | CHAPTER 12 | PART 7
TOWN OF TRURO COMMUNITY PLAN
Rural Residential (RR) Zone
LAND USE BY-LAW
DC
UC
UG
DN
GR
BI
FG
RR
WR
PO
CR
ER
FP
FW
FF
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Table 12.2: Rural Residential (RR) Zone Requirements
Height
Maximum of 11.0 m (36.1 ft)
Front Setback
Minimum 10.0 m (32.8 ft)
Side Setback
Minimum 7.5 m (24.6 ft)
Flanking (Side) Setback
Minimum 10.0 m (32.8 ft)
Rear Setback
Minimum 10.0 m (32.8 ft)
Lot Area
9,000.0 m2 (2.22 acres), requires
approval by Nova Scotia
Environment and Climate Change
for an on-site sewage disposal
system
Lot Frontage
Minimum 30.0 m (98.4 ft)
Lot Coverage
Maximum 20%
Impermeable Surface
Maximum 25 %
12.2.2 General Provisions Apply
Other applicable requirements for development in the Rural Residential (RR) Zone,
including parking and signage regulations, can be found in Part 3: General Provisions.
RR
PART 7 | CHAPTER 12 | PAGE 3
Rural Residential (RR) Zone
TOWN OF TRURO COMMUNITY PLAN
LAND USE BY-LAW
DC
UC
UG
DN
GR
BI
FG
RR
WR
PO
CR
ER
FP
FW
FF
RS
Con
Def
Gen
Adm
12.3 CONDITIONAL USES
12.3.1
Zone Requirements
Conditional uses in the Rural Residential (RR) Zone shall be permitted subject to the
additional conditions set out in this Section, all applicable zone requirements found
in Section "12.2 As-of-right Development"and all other applicable requirements of this
By-law.
12.3.2 Residential Care Facility (up to 7 beds)
A Residential Care Facility with a maximum of 7 beds (accommodations for up to 7
residents) may be permitted in the Rural Residential (RR) Zone provided the Residential
Care Facility:
a) is located at least 200.0 m (656.2 ft) from another Residential Care Facility; and
b) has a minimum of 150.0 m2 (1,614.6 ft2), or 18.0 m2 (193.8 ft2) per resident,
whichever is greater, of outdoor amenity space available to for use by clients of
the Residential Care Facility located in a side or rear yard; and
c) operates within a single detached dwelling that is the only dwelling unit on the
property; or
d) shares a structure with up to one additional dwelling unit that:
i)
is operated in conjunction with the Residential Care Facility; and
ii) contains a maximum of two bedrooms.
RR
PAGE 4 | CHAPTER 12 | PART 7
TOWN OF TRURO COMMUNITY PLAN
Rural Residential (RR) Zone
LAND USE BY-LAW
DC
UC
UG
DN
GR
BI
FG
RR
WR
PO
CR
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FP
FW
FF
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WR
PART 7 | CHAPTER 13 | PAGE 1
Watershed Residential (WR) Zone
TOWN OF TRURO COMMUNITY PLAN
LAND USE BY-LAW
DC
UC
UG
DN
GR
BI
FG
RR
WR
PO
CR
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FP
FW
FF
RS
Con
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13 | Watershed Residential (WR) Zone
WR
13.1 PERMITTED USES
Table 13.1: Watershed Residential (WR) Zone Permitted Uses
Agricultural Uses
Artisan Studio (up to 100 m2 (1,076 ft2))
Bed and Breakfast
Home Day Care
Kennel
Office and Professional (up to 100 m2 (1,076 ft2))
Parks and Open Space
Recreation Facility, Outdoor
Personal Services (up to 100 m2 (1,076 ft2))
Religious Institution
Residential Care Facility (up to 7 beds)
Residential (up to 1 unit)
Utilities and Public Works
DEVELOPMENT AGREEMENT
SITE PLAN APPROVAL
CONDITIONAL USE
AS-OF-RIGHT
13.2 AS-OF-RIGHT DEVELOPMENT
13.2.1
Watershed Residential (WR) Zone Requirements
As-of-right uses in the Watershed Residential (WR) Zone shall be permitted subject to
the requirements set out in Table 13.2 in addition to all other applicable requirements
of this By-law:
13.2.2 General Provisions Apply
Other applicable requirements for development in the Watershed Residential (WR)
Zone, including parking and signage regulations, can be found in Part 3: General
Provisions.
WR
PAGE 2 | CHAPTER 13 | PART 7
TOWN OF TRURO COMMUNITY PLAN
Watershed Residential (WR) Zone
LAND USE BY-LAW
DC
UC
UG
DN
GR
BI
FG
RR
WR
PO
CR
ER
FP
FW
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Table 13.2: Watershed Residential (WR) Zone Requirements
Height
Maximum of 11.0 m (36.1 ft)
Front Setback
Minimum 15.0 m (49.2 ft)
Side Setback
Minimum 9.0 m (29.5 ft)
Flanking (Side) Setback
Minimum 15.0 m (49.2 ft)
Rear Setback
Minimum 23.0 m (75.5 ft)
Lot Area
9,000.0 m2 (2.22 acres), requires
approval by Nova Scotia
Environment and Climate Change
for an on-site sewage disposal
system
Lot Frontage
Minimum 46.0 m (150.9 ft)
Lot Coverage
Maximum 20 %
Impermeable Surface
Maximum 20 %
13.2.3 Lots Fronting on Harmony Road or Camden Road
A development permit shall not be issued for a residential use in the Watershed
Residential (WR) Zone unless the use is located on a lot which has frontage on
Harmony Road or Camden Road.
WR
PART 7 | CHAPTER 13 | PAGE 3
Watershed Residential (WR) Zone
TOWN OF TRURO COMMUNITY PLAN
LAND USE BY-LAW
DC
UC
UG
DN
GR
BI
FG
RR
WR
PO
CR
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13.3 CONDITIONAL USES
13.3.1
Zone Requirements
Conditional uses in the Watershed Residential (WR) Zone shall be permitted subject
to the additional conditions set out in this Section, all applicable zone requirements
found in Section "13.2 As-of-right Development" and all other applicable requirements
of this By-law.
13.3.2 Agricultural Uses
a) An agricultural use may be permitted in the Watershed Residential (WR) Zone
provided the agricultural use was in existence at the time this by-law was
adopted.
b) An existing agricultural use may in the Watershed Residential (WR) Zone may not
be expanded.
13.3.3 Residential Care Facility (up to 7 beds)
A Residential Care Facility with a maximum of 7 beds (accommodations for up to 7
residents) may be permitted in the Watershed Residential (WR) Zone provided the
Residential Care Facility:
a) is located at least 200.0 m (656.2 ft) from another Residential Care Facility; and
b) has a minimum of 150.0 m2 (1,614.6 ft2), or 18.0 m2 (193.8 ft2) per resident,
whichever is greater, of outdoor amenity space available to for use by clients of
the Residential Care Facility located in a side or rear yard; and
c) operates within a single detached dwelling that is the only dwelling unit on the
property; or
d) shares a structure with up to one additional dwelling unit that:
i)
is operated in conjunction with the Residential Care Facility; and
ii) contains a maximum of two bedrooms.
WR
PAGE 4 | CHAPTER 13 | PART 7
TOWN OF TRURO COMMUNITY PLAN
Watershed Residential (WR) Zone
LAND USE BY-LAW
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PO
PART 7 | CHAPTER 14 | PAGE 1
Parks and Open Space (PO) Zone
TOWN OF TRURO COMMUNITY PLAN
LAND USE BY-LAW
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UG
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14 | Parks & Open Space Zone
PO
14.1 PERMITTED USES
Table 14.1: Parks & Open Space (PO) Zone Permitted Uses
Cemetery
Community Institution
Community Garden
Food Service (up to 100 m2 (1,076 ft2))
Governmental Use
Parks & Open Space
Recreation Facility, Indoor
Recreation Facility, Outdoor
DEVELOPMENT AGREEMENT
SITE PLAN APPROVAL
CONDITIONAL USE
AS-OF-RIGHT
14.2 AS-OF-RIGHT DEVELOPMENT
14.2.1
Parks & Open Space (PO) Zone Requirements
As-of-right uses in the Parks & Open Space (PO) Zone shall be permitted subject to the
requirements set out in Table 14.2 in addition to all other applicable requirements of
this By-law:
14.2.2 General Provisions Apply
Other applicable requirements for development in the Parks & Open Space (PO) Zone,
including parking and signage regulations, can be found in Part 3: General Provisions.
14.3 CONDITIONAL USES
14.3.1
Zone Requirements
Conditional uses in the Parks & Open Space (PO) Zone shall be permitted subject to the
additional conditions set out in this Section, all applicable zone requirements found
in Section "14.2 As-of-right Development"and all other applicable requirements of this
By-law.
PO
PAGE 2 | CHAPTER 14 | PART 7
TOWN OF TRURO COMMUNITY PLAN
Parks and Open Space (PO) Zone
LAND USE BY-LAW
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14.3.2 Food Service (up to 100 m2 (1,076 ft2))
A food service use with a floor area of less than 100 m2 (1,076 ft2) may be permitted
on a property in the Parks & Open Space (PO) Zone provided the food service use
is ancillary to a Parks and Open Space (PO) Zone use that is the primary use of the
property.
Table 14.2: Parks & Open Space (PO) Zone Requirements
Height
Maximum 11.0 m (36.1 ft)
Front Setback
Minimum 6.0 m (19.7 ft)
Side Setback
Minimum 6.0 m (19.7 ft)
Flanking (Side) Setback
Minimum 6.0 m (19.7 ft)
Rear Setback
Minimum 9.0 m (29.5 ft)
Lot Area
No Minimum
Lot Frontage
Minimum 6.0 m (19.7 ft)
Lot Coverage
Maximum 30%
Impermeable Surface
Maximum 35 %
CR
PART 7 | CHAPTER 15 | PAGE 1
Commercial Recreation (CR) Zone
TOWN OF TRURO COMMUNITY PLAN
LAND USE BY-LAW
DC
UC
UG
DN
GR
BI
FG
RR
WR
PO
CR
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FW
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15 | Commercial Recreation Zone
CR
Accommodations
Amusement Park
Campground
Golf Course
Governmental Use
Microbrewery and Microdistillery
Parks and Open Space
Personal Services
Recreation Facility, Commercial
Recreation Facility, Indoor
Recreation Facility, Outdoor
Restaurant (up to 120 m2 (1,292 ft2))
Restaurant (over 120 m2 (1,292 ft2))
Retail Store
Stadia and Auditoria
Utilities and Public Works
15.1 PERMITTED USES
DEVELOPMENT AGREEMENT
SITE PLAN APPROVAL
CONDITIONAL USE
AS-OF-RIGHT
Table 15.1: Commercial Recreation (CR) Zone Permitted Uses
15.2 AS-OF-RIGHT DEVELOPMENT
15.2.1
Commercial Recreation (CR) Zone Requirements
As-of-right uses in the Commercial Recreation (CR) Zone shall be permitted subject to
the requirements set out in Table 6.2 in addition to all other applicable requirements
of this By-law:
15.2.2 General Provisions Apply
Other applicable requirements for development in the Commercial Recreation (CR)
Zone, including parking and signage regulations, can be found in Part 3: General
Provisions.
CR
PAGE 2 | CHAPTER 15 | PART 7
TOWN OF TRURO COMMUNITY PLAN
Commercial Recreation (CR) Zone
LAND USE BY-LAW
DC
UC
UG
DN
GR
BI
FG
RR
WR
PO
CR
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Table 15.2: Commercial Recreation (CR) Zone Requirements
Height
Maximum of 11.0 m (36.1 ft)
Front Setback
Minimum 6.0 m (19.7 ft)
Side Setback
Minimum 6.0 m (19.7 ft)
(some exceptions apply, see
Subsection "15.2.3 Abutting Yard
Requirements")
Flanking (Side) Setback
Minimum 6.0 m (19.7 ft)
Rear Setback
Minimum 9.0 m (29.5 ft)
(some exceptions apply, see
Subsection "15.2.3 Abutting Yard
Requirements")
Lot Area
Minimum 450.0 m2 (4,844 ft2)
Lot Frontage
Minimum 15.0 m (49.2 ft)
Lot Coverage
Maximum 25%
Impermeable Surface
Maximum 35 %
CR
PART 7 | CHAPTER 15 | PAGE 3
Commercial Recreation (CR) Zone
TOWN OF TRURO COMMUNITY PLAN
LAND USE BY-LAW
DC
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15.2.3 Abutting Yard Requirements
Where a property in the Commercial Recreation (CR) abuts a Urban Corridor (UC), or
General Residential (GR) Zone, the following requirements shall apply to any abutting
yard within the CR Zone:
a) the minimum setback requirement for an abutting yard shall be 6.0 m (20 ft);
b) no open storage or outdoor display shall be permitted within a required yard;
and
c) additional restrictions on signage, parking, and loading in an abutting yard can
be found in Part 3: General Provisions.
15.2.4 Yard abutting Railway
Where a property in a the Commercial Recreation (CR) Zone abuts a right-of-way for
an existing railway line, setback requirements do not apply to any yard which directly
abuts the railway right-of-way.
15.3 CONDITIONAL USES
15.3.1
Zone Requirements
Conditional uses in the Commercial Recreation (CR) Zone shall be permitted subject
to the additional conditions set out in this Section, all applicable zone requirements
found in Section "15.2 As-of-right Development" and all other applicable requirements
of this By-law.
15.3.2 Microbrewery and Microdistillery
A Microbrewery or Microdistillery use may be permitted on a property in the
Commercial Recreation (CR) Zone provided:
a) the Microbrewery or Microdistillery is situated over 60.0 m (196.9 ft) from any
General Residential (GR) or Urban Corridor (UC) Zone; and
b) the Microbrewery or Microdistillery is operated in conjunction with, or
accessory to a Recreation Facility, Accommodation, Campground, or Personal
Service Use that is permitted in the Urban Corridor (UC) Zone.
15.3.3 Restaurant (up to 120 m2 (1,292 ft2))
A development permit may be issued for a Restaurant on a property in the Commercial
Recreation (CR) Zone provided:
a) the Restaurant is situated over 60.0 m (196.9 ft) from any General Residential
(GR) or Urban Corridor (UC) Zone;
b) the gross floor area of the Restaurant does not exceed 120 m2 (1,292 ft2); and
c) the Restaurant is operated in conjunction with, or accessory to a Recreation
Facility, Accommodation, Campground, or Personal Service Use that is permitted
in the Urban Corridor (UC) Zone.
CR
PAGE 4 | CHAPTER 15 | PART 7
TOWN OF TRURO COMMUNITY PLAN
Commercial Recreation (CR) Zone
LAND USE BY-LAW
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15.3.4 Retail Store
A development permit may be issued for a Retail Store on a property in the Commercial
Recreation (CR) Zone provided:
a) the Retail Store is situated over 60.0 m (196.9 ft) from any General Residential
(GR) or Urban Corridor (UC) Zone; and
b) the Retail Store is operated in conjunction with, or accessory to a Recreation
Facility, Accommodation, Campground, or Personal Service Use that is permitted
in the Urban Corridor (UC) Zone, or
c) the Retail Store provides equipment or services ancillary to an active recreation
use taking place in a park or recreation facility located on an adjacent property.
or on a property within 200.0 m (656.2 ft).
15.4 USES BY SITE PLAN APPROVAL
15.5
Uses Permitted by Site Plan Approval
The following uses shall be permitted by site plan approval in the Urban Growth Area
(UG) Zone subject to the site plan criteria outlined in subsection "15.5.1 Site Plan
Criteria" and all other applicable requirements of this By-law:
a) Restaurant (under 120 m2 (1,292 ft2)) that is operated in conjunction with, or
accessory to a Recreation Facility, Accommodation, Campground, or Personal
Service Use that is permitted in the Urban Corridor (UC) Zone.
b) Restaurant (over 120 m2 (1,292 ft2)).
15.5.1
Site Plan Criteria
The following site plan criteria apply to all new development that is permitted through
the site plan approval process in the Urban Growth Area (UG) Zone. No development
permit shall be issued for development that is inconsistent with these criteria, in
addition to applicable zone standards and all other requirements of this By-law:
a) The location of new structures (or an addition to an existing structure) on
the lot shall minimize negative impacts on the surrounding neighbourhood,
including noise, dust, fumes, lighting, shadows, or other nuisance or
inconvenience to occupants of nearby residences;
b) The location of off-street parking and loading facilities shall minimize negative
impacts on the surrounding neighbourhood, including traffic, noise, dust, fumes,
lighting, or other nuisance or inconvenience to occupants of nearby residences;
c) The location, number and width of points of access are designed to prevent
traffic, noise, dust, fumes, congestion, or other nuisance and inconvenience in
the area and minimize negative impacts to occupants of nearby residences;
CR
PART 7 | CHAPTER 15 | PAGE 5
Commercial Recreation (CR) Zone
TOWN OF TRURO COMMUNITY PLAN
LAND USE BY-LAW
DC
UC
UG
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CR
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d) The type, location, and height of walls, fences, hedges, trees, shrubs, ground
cover or other landscaping elements, or a combination thereof, which
is necessary to protect and minimize negative land use impacts on the
surrounding neighbourhood and adjacent streetscapes;
e) Existing vegetation shall be retained where the vegetation is healthy and helps
to minimize negative impacts on the surrounding neighbourhood and adjacent
streetscapes;
f)
The location of pedestrian walkways, and/or related infrastructure, shall be
provided to link public sidewalks and parking areas to entrances of all primary
buildings;
g) The type and location of outdoor lighting is designed to light the structure,
driveways and pedestrian infrastructure, but shall not be directed onto
neighbouring properties or public streets;
h) The location of facilities for the storage of solid waste provides for maximum
separation from residential development and public areas;
i)
The development does not violate any easement agreement in place on the
subject lands;
j)
The grading or alteration in elevation or contour of the land shall minimize
undue erosion and/or sedimentation, and other negative impacts on
neighbouring properties or public streets;
k) The management of storm and surface water is addressed, and associated plans
are approved by the Town Engineer; and
l)
The type, location number and size of signs or sign structures do not negatively
alter the appearance of the streetscape or neighbourhood.
CR
PAGE 6 | CHAPTER 15 | PART 7
TOWN OF TRURO COMMUNITY PLAN
Commercial Recreation (CR) Zone
LAND USE BY-LAW
DC
UC
UG
DN
GR
BI
FG
RR
WR
PO
CR
ER
FP
FW
FF
RS
Con
Def
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ER
PART 7 | CHAPTER 16 | PAGE 1
Environmental Reserve (ER) Zone
TOWN OF TRURO COMMUNITY PLAN
LAND USE BY-LAW
DC
UC
UG
DN
GR
BI
FG
RR
WR
PO
CR
ER
FP
FW
FF
RS
Con
Def
Gen
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16 | Environmental Reserve Zone
ER
Governmental Use
Parks and Playgrounds
Recreation Facility, Outdoor
Utilities and Public Works
16.1 PERMITTED USES
DEVELOPMENT AGREEMENT
SITE PLAN APPROVAL
CONDITIONAL USE
AS-OF-RIGHT
Table 16.1: Environmental Reserve (ER) Zone Permitted Uses
16.2 AS-OF-RIGHT DEVELOPMENT
16.2.1
Environmental Reserve (ER) Zone Requirements
As-of-right uses in the Environmental Reserve (ER) Zone shall be permitted subject to
the requirements set out in Table 16.2 in addition to all other applicable requirements
of this By-law:
16.2.2 General Provisions Apply
Other applicable requirements for development in the Environmental Reserve (ER)
Zone, including parking and signage regulations, can be found in Part 3: General
Provisions.
16.2.3 Permanent Structures
No development permit shall be issued in the Environmental Reserve (ER) Zone for the
construction of any permanent structure except those associated with Utilities and
Public Works constructed by the Town of Truro.
16.2.4 Development Permitted
A development permit may be issued for a development in the Environmental Reserve
(ER) Zone provided:
a) the site of the proposed development is located immediately adjacent to
another zone where the proposed use would be permitted;
ER
PAGE 2 | CHAPTER 16 | PART 7
TOWN OF TRURO COMMUNITY PLAN
Environmental Reserve (ER) Zone
LAND USE BY-LAW
DC
UC
UG
DN
GR
BI
FG
RR
WR
PO
CR
ER
FP
FW
FF
RS
Con
Def
Gen
Adm
Table 16.2: Environmental Reserve (ER) Zone Requirements
Height
Maximum of 11.0 m (36.1 ft)
Front Setback
Minimum 9.0 m (29.5 ft)
Side Setback
Minimum 9.0 m (29.5 ft)
Flanking (Side) Setback
Minimum 9.0 m (29.5 ft)
Rear Setback
Minimum 9.0 m (29.5 ft)
Lot Area
No minimum
Lot Frontage
Minimum 6.0 m (19.7 ft)
Lot Coverage
Maximum 10%
Impermeable Surface
Maximum 10 %
b) the development complies with all applicable zoning requirements for the
adjacent property where the proposed use would be permitted;
c) that, if required by the Development Officer, a geotechnical study completed by
a qualified professional confirm that the site is safe for development and will
have no negative impact on any nearby watercourse; and
ER
PART 7 | CHAPTER 16 | PAGE 3
Environmental Reserve (ER) Zone
TOWN OF TRURO COMMUNITY PLAN
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d) the Development Officer is satisfied that the portion of the property to be
developed:
i)
is not within 15.0 m (49.2 ft) of the centreline of a watercourse;
ii) does not have a slope in excess of 30%; and
iii) is not a wetland.
16.3 CONDITIONAL USES
16.3.1
Zone Requirements
Conditional uses in the Environmental Reserve (ER) Zone shall be permitted subject
to the additional conditions set out in this Section, all applicable zone requirements
found in Section "16.2 As-of-right Development"and all other applicable requirements
of this By-law.
16.3.2 Parks and Playgrounds
A Park or a Playground may be permitted on a property in the Environmental Reserve
(ER) Zone subject to the following requirements:
a) the Development Officer is satisfied that the proposed use will not involve any
alteration of topography; and
b) the Development Officer is satisfied that the site is suitable for development; or
c) the Development Officer is satisfied that the portion of the property to be
developed:
i)
is not within 15.0 m (49.2 ft) of the centreline of a watercourse;
ii) does not have a slope in excess of 30%; and
iii) is not a wetland.
16.3.3 Recreation Facility, Outdoor
An Outdoor Recreation Facility may be permitted on a property in the Environmental
Reserve (ER) Zone subject to the following requirements:
a) the facility is to be developed, owned, and operated by the Town of Truro;
b) the Development Officer is satisfied that the proposed use will not involve any
alteration of topography; and
c) the Development Officer is satisfied that the site is suitable for development; or
d) the Development Officer is satisfied that the portion of the property to be
developed:
i)
is not within 15.0 m (49.2 ft) of the centreline of a watercourse;
ii) does not have a slope in excess of 30%; and
iii) is not a wetland.
ER
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PART 7 | CHAPTER 17 | PAGE 1
Flood Plain (FP) Zone
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17 | Flood Plain Zone
FP
17.1 PERMITTED USES
Table 17.1: Flood Plain (FP) Zone Permitted Uses
Agricultural Use
Community Garden
Golf Course
Governmental Use
Parking Lot
Parks and Playgrounds
Recreation Facility, Outdoor
Utilities and Public Works
DEVELOPMENT AGREEMENT
SITE PLAN APPROVAL
CONDITIONAL USE
AS-OF-RIGHT
17.2 AS-OF-RIGHT DEVELOPMENT
17.2.1
Flood Plain (FP) Zone Requirements
As-of-right uses in the Flood Plain (FP) Zone shall be permitted subject to the
requirements set out in Table 17.2 in addition to all other applicable requirements of
this By-law:
17.2.2 General Provisions Apply
Other applicable requirements for development in the Flood Plain (FP) Zone, including
parking and signage regulations, can be found in Part 3: General Provisions.
17.2.3 Permitted Structures
No development permit shall be issued for a structure or building in the Flood Plain
(FP) Zone except for the following:
a) structures incidental to utility and public works projects;
b) temporary and portable structures accessory to any Flood Plain (FP) Zone
permitted use from April to October; and
FP
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c) structures with a floor area of 10 m2 (108 ft2) or less that are used in conjunction
with any Flood Plain (FP) Zone permitted use provided the applicant agrees to
accept all risks and not hold the Town of Truro responsible for any damages
incurred in the event of a flood.
Table 17.2: Flood Plain (FP) Zone Requirements
Height
Maximum of 11.0 m (36.1 ft)
Front Setback
Minimum 9.0 m (29.5 ft)
Side Setback
Minimum 9.0 m (29.5 ft)
Flanking (Side) Setback
Minimum 9.0 m (29.5 ft)
Rear Setback
Minimum 9.0 m (29.5 ft)
Lot Area
4,000 m2 (0.99 acres)
Lot Frontage
Minimum 6.0 m (19.7 ft)
Lot Coverage
Maximum 10%
Impermeable Surface
Maximum 10 %
FP
PART 7 | CHAPTER 17 | PAGE 3
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17.2.4 Alteration of Topography
Minor alterations of topography shall be permitted to allow for necessary grading of
roads, driveways and parking areas, sports fields, golf courses, and other recreational
uses provided the following conditions can be met:
a) the property owner shall submit an "as constructed" plan prepared by a
Professional Surveyor or Professional Survey Engineer indicating contours of
the affected area at an interval not less than 0.25 m (0.8 ft); and
b) no alteration carried out under this subsection shall impede drainage or the
flow of flood water or reduce the capacity of flood water storage.
17.2.5 Infilling
Infilling is not permitted in the Flood Plain (FP) Zone except as necessary for utilities
and public works projects, roadway construction, flood water management, and storm
water drainage control, provided:
a) the property owner shall submit an "as constructed" plan prepared by a
Professional Surveyor or Professional Survey Engineer indicating contours of
the affected area at an interval not less than 0.25 m (0.8 ft); and
b) no infilling carried out under this subsection shall impede drainage or the flow
of flood water or reduce the capacity of flood water storage.
FP
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PART 7 | CHAPTER 18 | PAGE 1
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18 | 1:20 Flood Way Overlay
FW
18.1 LAND USE REGULATIONS
18.1.1
Permitted Uses
In the Flood Way (FW) Overlay, permitted uses shall include all uses permitted in the
underlying zones with the following exceptions:
a) residential institutions such as hospitals, senior citizen homes, homes for
special care and similar facilities where flooding could pose a significant threat
to the safety of residents if evacuation became necessary; and
b) any use associated with the warehousing or the production of hazardous
materials.
18.1.2
Zone Requirements
In the Flood Way (FW) Overlay, the zone requirements of the underlying zones shall
apply.
18.2 FLOOD-PROOFING & ALTERING TOPOGRAPHY
18.2.1
Alteration of Topography
The topography of a parcel of land within the Flood Way (FW) Overlay may be altered
provided:
a) the alteration will not the impede drainage or flow of flood water within the
flood plain;
b) the alteration does not involve adding new fill material to the Flood Way (FW)
Overlay unless:
i)
the material is placed above the 1:20 flood elevation;
ii) the material is flood-proofing purposes carried out in accordance with
Subsection "18.2.4 Flood Proofing"(see Figures 18.3 and 18.4);
c) any material used in the alteration of topography must be:
i)
from within the Flood Way (FW) Overlay;
ii) sourced using a balanced cut and fill approach where the volume of
material used is equal to the volume of cuts made at the source of the
material (see Figure 18.2); and
iii) the fill material is from a cut made above 8.5 m above sea level and below
the 1:20 flood elevation (see Figure 18.2).
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18.2.2 Additional Fill
Additional off-site fill or fill from outside the Flood Way (FW) Overlay may be added
to the area around any main building that has been flood proofed in accordance with
Subsection "18.2.4 Flood Proofing"provided:
a) the resulting grade is 3% or more;
b) the fill is only placed within 3.0 m (9.8 ft) of a main building; and
c) no fill is placed below an elevation of 0.09 m (3.5 inches) above the established
1:100 year flood elevation delineated on Flood Risk Mapping prepared by CBCL
Limited in part of the 2015 Flood Risk Study for the Town of Truro, County of
Colchester and Millbrook First Nation.
1:20 FLOOD
WAY
1:100 FLOOD
WAY FRINGE
FF
FW
1:20 Flood Elevation
1:100 Flood Elevation
Figure 18.1: The Flood Way (FW) Overlay
FF
FW
FILL
CUT
No cuts are permitted below
8.5 m (27.9 ft) above sea level
Volume of fill material must
equal the volume of the cut
where the material is sourced
No new material is permitted
within the Flood Way, although
material may be moved around
within the Floodway
Figure 18.2: Altering Topography in the Flood Way (FW) Overlay
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18.2.3 More than One Property
Where a proposed cut and fill process involves more than one property owner, the
applicant shall provide written consent from each affected property owner of the
proposed cut and fill processes.
18.2.4 Flood Proofing
a) All main buildings and any building containing a dwelling unit in the Flood Way
(FW) Overlay must be flood proofed.
b) Any material used for flood-proofing purposes must be:
i)
from within the Flood Way (FW) Overlay;
ii) sourced using a balanced cut and fill approach where the volume of
material used is equal to the volume of cuts made at the source of the
material (see Figure 18.2); and
iii) the fill material is from a cut made above 8.5 m above sea level and below
the 1:20 flood elevation (see Figure 18.2).
c) All flood-proofing work shall be conducted in accordance with the following
requirements (see Figures 18.3 and 18.4):
i)
the minimum opening elevation in the building shall be 0.09 m (3.5 inches)
above the established 1:100 year flood elevation defined on Flood Risk
Mapping prepared by CBCL Limited in part of the 2015 Flood Risk Study for
the Town of Truro, County of Colchester and Millbrook First Nation ;
ii) fill shall be placed around the perimeter of the building to a height equal
to the minimum opening elevation for a distance of 3.0 m (9.8 ft) from the
building;
iii) beyond 3.0 m (9.8 ft), the fill shall slope down to existing grade at a 1:1
slope; and
iv) at the finished foundation stage of construction, the property owner shall
provide the Development Officer with a locational certificate prepared
by a Professional Surveyor indicating, in addition to the location of the
buildings or structures on the lot, the minimum opening elevation.
d) Notwithstanding (a)(iii) above, a slope in excess of 1:1 may be permitted where
the backfilling has been designed by a Professional Engineer.
e) Flood proofing shall not directly interfere with the flow or drainage of
stormwater.
18.2.5 Permit Requirements
An application for a development permit to flood-proof a structure or alter topography,
shall be accompanied by a plan showing:
a) existing and proposed contours of the site at a interval of not less than 0.25
m (0.8 ft) indicating the areas on the lot(s) to be cut and filled and drainage
patterns; and
b) detailed calculations indicating the volumes of "cut and fill" for each affected
property.
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18.2.6 Permits
a) Failure to provide all of the information outlined in Subsection "18.2.5 Permit
Requirements"may result in the Development Officer refusing to issue a
development permit.
b) Notwithstanding anything else in this By-law, a development permit to flood
proof a structure or alter topography become null and void if the work has
not been completed within 12 months from the date of issuance unless an
application to renew a permit has been approved by the Development Officer.
c) In the event the permit has expired and a renewal has not been issued by the
Development Officer, the Town may take action to remediate the site or take
action as outlined in the Municipal Government Act as amended from time to
time.
d) Within 30 days of the completion of a development, the property owner shall
obtain from the Development Officer a Certificate of Compliance.
e) A Certificate of Compliance shall only be issued when the following conditions
have been met:
i)
the new 1:20 year flood line shall be tied to two consecutive Nova Scotia
Survey Control Monuments;
ii) provide a new contour of the 1:20 year flood line;
iii) submission of a digital file, in a format acceptable to the Town, prepared by
a Professional Engineer for (a) and (b) above;
iv) submit an "as constructed" plan prepared by a Professional Engineer
indicating that any site work required pursuant to this Section has been
completed.
18.2.7 Erosion and Sedimentation
The property owner shall, within 30 days, reinstate exposed soils on the property with
appropriate landscaping materials to minimize erosion and sedimentation.
FF
FW
In the Flood Way and below the
1:20 flood elevation, material
used for flood-proofing must
come from within Flood Way
Figure 18.3: Flood-Proofing in the Flood Way (FW) Overlay
Material used for flood-proofing
above the 1:20 flood elevation
may come from outside of the
floodplain
FLOOD-PROOFING
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1:20 FLOOD
WAY
1:100 FLOOD
WAY FRINGE
BUILDING
FILL
Fill material used for flood-proofing
purposes may come from outside the
Flood Way provided it is only placed
above the 1:20 flood elevation
3.0 m
3.0 m
1:1 Slope (50% slope)
Infill to 9 cm (3.5 inches)
above 1:100 flood elevation
Infill extends out
from building 3.0 m
then slopes down to
existing grade
Figure 18.4: Flood-Proofing Requirements in the Floodway (FW) Overlay
Flood-proofing material must create a pad that is 9 cm
(3.5 inches) above the 1:100 flood elevation, extends 3.0
m (9.8 ft) out from the building, and then slopes down
to existing grade at a 1:1 (50%) slope
Fill material used for flood-proofing purposes
placed below the 1:20 flood elevation must
come from within the 1:20 Flood Way
The volume of fill material placed below the
1:20 flood elevation must equal the amount
of material removed from the Flood Way
The infilling shall not impede the drainage or
flow of flood water.
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PART 7 | CHAPTER 19 | PAGE 1
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19 | 1:100 Floodway Fringe Overlay
FF
19.1 LAND USE REGULATIONS
19.1.1
Permitted Uses
In the Flood Way Fringe (FF) Overlay, permitted uses shall include all uses permitted in
the underlying zones with the following exceptions:
a) residential institutions such as hospitals, senior citizen homes, homes for
special care and similar facilities where flooding could pose a significant threat
to the safety of residents if evacuation became necessary; and
b) any use associated with the warehousing or the production of hazardous
materials.
19.1.2
Zone Requirements
In the Flood Way Fringe (FF) Overlay, the zone requirements of the underlying zones
shall apply.
19.2 FLOOD-PROOFING & ALTERING TOPOGRAPHY
19.2.1
Alteration of Topography
The topography of a parcel of land within the Flood Way Fringe (FF) Overlay may be
altered provided:
a) the alteration will not the impede drainage or flow of flood water within the
flood plain;
b) the alteration does not involve adding new fill material to the Flood Way Fringe
(FF) Overlay unless the material is flood-proofing purposes carried out in
accordance with Subsection "19.2.4 Flood Proofing"(see Figures 19.3 and 19.4);
c) any material used in the alteration of topography must be:
i)
from within the Flood Way (FW) or Flood Way Fringe (FF) Overlay;
ii) sourced using a balanced cut and fill approach where the volume of
material used is equal to the volume of cuts made at the source of the
material (see Figure 19.2); and
iii) the fill material is from a cut made above 8.5 m above sea level and below
the 1:100 flood elevation (see Figure 18.2).
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19.2.2 Additional Fill
Additional off-site fill from outside of the Flood Way or Flood Way Fringe may be added
to the area around any main building that has been flood proofed in accordance with
Subsection "19.2.4 Flood Proofing" provided:
a) the resulting grade is 3 % or more;
b) the fill is only placed within 3 m (10 ft) of a main building; and
c) no fill is placed below an elevation of 0.09 m (3.5 inches) above the established
1:100 year flood elevation delineated on Flood Risk Mapping prepared by CBCL
Limited in part of the 2015 Flood Risk Study for the Town of Truro, County of
Colchester and Millbrook First Nation .
1:20 FLOOD
WAY
1:100 FLOOD
WAY FRINGE
FF
FW
1:20 Flood Elevation
1:100 Flood Elevation
FF
FW
FILL
CUT
No cuts are permitted
below 8.5 m (27.9 ft)
above sea level
Volume of fill
material must equal
the volume of the cut.
Fill material must
come from the
Floodway or Flood
Way Fringe
Figure 19.1: The Floodway Fringe (FF) Overlay
Figure 19.2: Infilling in the Floodway Fringe (FF) Overlay
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FF
FW
In the Flood Way Fringe, material
used for flood-proofing may come
from outside of the Floodplain
Figure 19.3: Flood-Proofing in the Flood Way Fringe (FF) Overlay
19.2.3 More than One Property
Where a proposed cut and fill process involves more than one property owner, the
applicant shall provide written consent from each affected property owner of the
proposed cut and fill processes.
19.2.4 Flood Proofing
a) All main buildings and any building containing a dwelling unit in the Flood Way
Fringe (FF) Overlay must be flood proofed.
b) Fill material from outside the Flood Way Fringe (FF) Overlay and Flood Way (FW)
Overlay may be used for flood-proofing purposes.
c) All flood-proofing work shall be conducted in accordance with the following
requirements:
i)
the minimum opening elevation of the building shall be 0.09 m (3.5 inches)
above the established 1:100 year flood elevation defined on Flood Risk
Mapping prepared by CBCL Limited in part of the 2015 Flood Risk Study for
the Town of Truro, County of Colchester and Millbrook First Nation;
ii) fill shall be placed around the perimeter of the building to a height equal
to the minimum opening elevation for a distance of 3 m (10 ft) from the
building;
iii) beyond 3 m (10 ft), fill shall slope down to existing grade at a 1:1 slope; and
iv) at the finished foundation stage of construction, the property owner shall
provide the Development Officer with a locational certificate prepared
by a Professional Surveyor indicating, in addition to the location of the
buildings or structures on the lot, the minimum opening elevation.
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1:20 FLOOD
WAY
BUILDING
FILL
Fill material from outside the Flood
Way or Flood Way Fringe may be placed
in the Flood Way Fringe (FF) Overlay
but only for flood-proofing purposes
3.0 m
3.0 m
Flood-proofing material must create a pad that is 9 cm
(3.5 inches) above the 1:100 flood elevation, extends 3.0
m (9.8 ft) out from the building, and then slopes down
to existing grade at a 1:1 (50%) slope
The infilling shall not impede the drainage or flow of
flood water.
1:1 Slope (50% slope)
Infill to 9 cm (3.5 inches)
above 1:100 flood elevation
Infill extends out from
building 3.0 m then slopes
down to existing grade
Figure 19.4: Flood-Proofing Requirements in the Floodway Fringe (FF) Overlay
FF
1:100 FLOOD
WAY FRINGE
d) Notwithstanding (a)(iii) above, a slope in excess of 1:1 may be permitted where
the backfilling has been designed by a Professional Engineer.
e) Flood proofing shall not directly interfere with storm water drainage.
19.2.5 Permit Requirements
An application for a development permit to flood-proof a structure or alter topography
shall be accompanied by a plan showing:
a) existing and proposed contours of the site at a interval of not less than 0.25
m (0.8 ft) indicating the areas on the lot(s) to be cut and filled and drainage
patterns; and
b) detailed calculations indicating the volumes of "cut and fill" for each affected
property.
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19.2.6 Permits
a) Failure to provide all of the information outlined in Subsection "19.2.5 Permit
Requirements" may result in the Development Officer refusing to issue a
development permit.
b) Notwithstanding anything else in this By-law, a development permit to flood-
proof a structure or alter topography shall become null and void if the work
has not been completed within 12 months from the date of issuance unless an
application to renew a permit has been approved by the Development Officer.
c) In the event the permit has expired and a renewal has not been issued by the
Development Officer, the Town may take action to remediate the site or take
action as outlined in the Municipal Government Act as amended from time to
time.
d) Within 30 days of the completion of a development, the property owner shall
obtain from the Development Officer a Certificate of Compliance.
e) A Certificate of Compliance shall only be issued when the following conditions
have been met:
i)
the new 1:20 year flood line shall be tied to two consecutive Nova Scotia
Survey Control Monuments;
ii) provide a new contour of the 1:20 year flood line;
iii) submission of a digital file, in a format acceptable to the Town, prepared by
a Professional Engineer for (a) and (b) above;
iv) submit an "as constructed" plan prepared by a Professional Engineer
indicating that any site work required pursuant to this Section has been
completed.
19.2.7 Erosion and Sedimentation
The property owner shall, within 30 days, reinstate exposed soils on the property with
appropriate landscaping materials to minimize erosion and sedimentation.
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