West Hants Land Use By-law (Council-approved May 13, 2008; consolidated to May 13, 2026)
West Hants, Nova Scotia
· adopted 2008-05-13
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Land Use By-law
i
MUNICIPALITY OF THE DISTRICT
OF WEST HANTS
LAND USE BY-LAW
Approved by Council: May 13, 2008
Effective Date: June 26, 2008
Amended to: May 13, 2026
Land Use By-law
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Amended to May 13, 2026
This CONSOLIDATED EDITION is prepared for convenience only. For complete reference,
please consult the original documents. This CONSOLIDATED EDITION has the following
history:
1)
Amendment to Falmouth Growth Centre 1 Zoning Map and West Hants Zoning Map -
Property of Darrell and Jana Church, 2033 Highway 1, Falmouth, to rezone (PID
45026481) from General Commercial (GC) to Highway Commercial (HC) - effective
January 2, 2009.
2)
Amendment to West Hants Zoning Map - Property of Leonard MacAskill - 8879 Highway
215, Pembroke, to rezone (PID 45173804) from General Resource (GR) to Resource
Industrial (M-1) - effective October 1, 2009.
3)
Amendment to Wentworth Creek Hamlet H-11 Zoning map and West Hants Zoning Map
- Property of Kenny Lake - 545 Wentworth Road, Wentworth Creek, to rezone (PID
45197340) from Rural Residential (R-4) to Rural Commercial (RC) - effective November
5, 2009.
4)
Amendment to Section 5.0 General Provisions for All Zones to add a new sub-clause
5.1(e); to delete reference to maximum height of accessory building in the following
zones, R-1, R-2, R-3, R-4, MHP, GC, HC, LC, RC, P/Ag, AR-2, AR-3, GR, MR, W, LI, LI-
3, I, OS; to add maximum accessory building height of 35 ft (10.67 m) to M-1 zone, and
40 ft (12.19 m) to LI-1 and LI-2 zones - effective January 1, 2010.
5)
Amendment to West Hants Zoning Map - Property of Lisa VanZoost - Sangster Bridge
Road, Upper Falmouth, to rezone the front portion of a 14.75 acre lot (PID 45166782)
from Prime Agriculture (P/Ag) to Rural Residential (R-4) - effective October 8, 2010.
6)
Amendment to Falmouth Growth Centre 1 Zoning map and West Hants Zoning Map -
Property of Richard Pineo, Highway 1, Falmouth, to rezone (PID 45205069) an abutting
lot, next to 1813 Highway 1, Falmouth, from Single Unit Residential (R-1) to Highway
Commercial (H-C) - effective December 3, 2010.
7)
Amendment to West Hants Zoning Map - Property of Greg Crossley - 46 Sherman Lake
Road, Bramber, to rezone (PID 45176906) from General Resource (GR) to Resource
Industrial (M-1) to allow the operation of a motor vehicle repair shop - effective April 1,
2011.
8)
Amendment to Section 13.1, list of permitted uses under the General Commercial (GC)
zone, by adding ASingle unit dwellings or mini homes on existing vacant lots under
10,000 ft2 in area, subject to the R-1 zone requirements - effective June 23, 2011.
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9)
Amendments to add self storage operations to list of permitted uses in the Highway
Commercial (HC), Hamlet Industrial (M-2), and Local Industrial (LI) zones; and that the
definition of "warehouse" include the use self storage operations@; and that a stand
alone definition of self storage operations be added - effective October 7, 2011.
10)
Amendment to Falmouth Growth Centre 1 Zoning map and West Hants Zoning Map -
Property of Carla Scherger, 214 Aylward Road, Falmouth, to rezone approximately 70
acres (PID 45036894) from Agricultural Priority Three (AR-3) to Single Unit Residential
(R-1), to permit development of single family residential lots - effective April 6, 2012.
11)
Amendment to Falmouth Growth Centre 1 Zoning Map and West Hants Zoning Map -
Property of Pothier Real Estate Development Ltd., to rezone 12.37acres, Falmouth Back
Road, Falmouth (PID 45029352), from Single Unit Residential (R-1) to Highway
Commercial (HC) to allow for the expansion of an existing highway commercial use -
effective October 5, 2012.
1)
Amendment to Zoning Map, Schedule A: V-1 Brooklyn Village and West Hants Zoning
Map - Property of Barry and Jacqueline Parker, to rezone PID 45354222, Highway 14,
Brooklyn, from Two Unit Residential (R-2) to Highway Commercial (HC) - effective
October 2, 2014.
13)
Amendment to Section 5.1 (e) changed the word "great" to "greater" - effective January
22, 2015.
14)
Amendment to Section 14.0, Sub-section 14.4, changed zoning code from GC to HC -
effective January 22, 2015.
15)
Amendment to Section 14.1 - Highway Commercial Permitted Uses, removed "not on
ground floor" - effective January 22, 2015.
16)
Amendment to Section 28.1, inserted the phrase, "in conjunction with a single unit
dwelling" after the permitted use, "Self Storage Operations" - effective January 22, 2015.
17)
Amendments to Sections 34.1 (b) and 34.3, replaced the phrase, "gross floor area" with
the phrase, "building footprint" - effective January 22, 2015.
18)
Amendment to Section 35.0, added the following definition: "Building Footprint is the
outline of the total area of a lot or site that is surrounded by the exterior walls of a
building, exclusive of courtyards. In the absence of surrounding exterior walls, the
building footprint shall be the area under the horizontal projection of a roof." - effective
January 22, 2015.
19)
Amendment to Section 22.0 General Resource (GR), added to list of permitted uses,
"Existing commercial and institutional uses" - effective January 22, 2015.
20)
Amendment to Section 10.0 Multiple Residential (R-3), added to list of permitted uses,
"Boarding or rooming houses" - effective January 22, 2015.
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21)
Amendment to Zoning Map, Schedule A: GC-2 Three Mile Plains Growth Centre Zoning
Map and associated schedules: to place Local Commercial (LC) zone properly on PID
45003118, and to place Local Industrial (LI) zone on PIDS 45388907 and 45003126 -
effective January 22, 2015.
22)
Amendment to Zoning Map, Schedule A: to apply Recreation Commercial (RecC) zone
to PIDs 45025608 and 45299934 - effective January 22, 2015.
23)
Amendment to Zoning Map, Schedule A: V-1, changing zoning on the portions of PIDs
45385812 and 45347267 from Agricultural Priority Two (AR-2) to Two Unit Residential
(R-2) - effective January 22, 2015.
24)
Amendment to Zoning Map, Schedule A, amending zoning on PID 45230026 from
General Resource (GR) to Manufactured Home Park (MHP) - effective January 22,
2015.
25)
Amendment to Zoning Map, Schedule A: V-1 Brooklyn Village, amending zoning on
Schedule A: V-1 for PID 45246766 from a combination of Agricultural Priority Two (AR-
2) and Two Unit Residential (R-2) to all R-2 - effective January 22, 2015.
26)
Amendment to Zoning Map, Schedule A: H-4 Gypsum Mines-Sweets Corner Hamlet,
adding PID 45385796 which is within the Hamlet designation - effective January 22,
2015. (Cross reference to Consolidated Edition List for Municipal Planning Strategy, Item
13).
27)
Amendments to Schedule A: Zoning Map and Schedule A: GC-1: Falmouth Growth
Centre Map to correct property zoning on PIDs 45037652, 45177276, 45386026,
45335924, from Single Unit Residential (R-1) to Agricultural Priority Three (AR-3) -
effective July 3, 2015.
28)
Amendment to Section 14.0 Highway Commercial (HC) zone, to add "Fire Station on
PIDs 45003878 and 45222957" to the list of permitted uses - effective October 19, 2015.
29)
Amendment to Schedule A: Zoning Map: to correct property zoning on PID 45360153 from
Agriculture Priority Two (AR-2) to General Resource (GR). Amendment to Section 22.4:
to delete the words "an agricultural or forestry" and add the words "a resource", and to
revise the definition of "Resource Use" by adding the words "land based aquaculture." -
effective July 5, 2016.
30)
Amendments to Sections 6.1(k) and (p), to add the words which are bolded, "stand-alone
multiple unit dwellings and grouped single, two and multiple unit dwellings consisting
of three or more..." - effective September 26, 2016.
31)
Amendment to Falmouth Growth Centre 1 Zoning Map and West Hants Zoning Map - to
rezone 289 Falmouth Back Road from Single Unit Residential (R-1) to Two Unit
Residential (R-2) (PID 45036712) - effective July 4, 2017.
32)
Amendment to Section 27.0 Hamlet Industrial, to add aquaponics industries to the list of
permitted uses, and to amend Zoning Map Schedule A: H-8 Newport Station Hamlet, PID
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# 45403946 from the Rural Residential (R-4) Zone to the Hamlet Industrial (M-2) Zone -
effective December 5, 2017.
33)
Amend the list of permitted uses in Part 10 of the West Hants Land Use By-law by inserting
the phrase "in accordance with Sections 10.2 and 10.7 to all permitted uses. Amend
Section 10.2 by changing the minimum front yard specifications and one side yard. Add
new Section 10.7 for Underwood Road Area. In Part 35, Definitions, insert new definition
of "Community Use/Local Commercial Building". Amend Section 9.2 by changing the
minimum lot specifications for lot frontage, front yard, and one side yard - effective March
7, 2018.
34)
Amendment to Three Mile Plains Growth Centre 2 Zoning Map and West Hants Zoning
Map Schedule A, to amend Underwood Road Area within Three Mile Plains from the Two
Unit Residential (R-2) to the Multiple Residential (R-3) Zone - effective March 7, 2018.
35)
Amendment to Zoning Map, Schedule A: H-1 Ardoise-Cameron Lake Hamlet and West
Hants Zoning Map to rezone 80 Robert Drive, Ardoise; PID # 45060266 from Rural
Residential (R-4) Zone to Hamlet Industrial (M-2) Zone - effective April 4, 2018.
36)
Amendment to Falmouth Growth Centre 1 Zoning Map and West Hants Zoning Map: to
rezone 269 Town Road, Falmouth, PID 45197332 from the Institutional (I) Zone to the
Single Unit Residential (R-1) Zone - effective October 31, 2018.
37)
Amendments to Part 24.1 Water Supply adding Licensed Micro-Cultivation of cannabis to
the permitted uses, and Part 35, definitions of Agricultural Support Use to include
Licensed Micro-Processing of cannabis, and Agricultural Use to include Licensed Micro-
Cultivation of cannabis facilities - effective December 5, 2018.
38)
Amendment to Section 2.5(f) adding "indoor storage facilities within agricultural buildings
constructed prior to November 13, 2018", Amendment to Section 5.1(f) adding, "Accessory
buildings which are erected and regularly used as part of a main agricultural activity on
lots used for agricultural purposes may be used for other purposes which support the
agriculture use, including but not limited to commercial indoor storage of recreational
vehicles, boats, and cars in accordance with Section 5.19." New Section 5.19, Indoor
Storage Facility. Amendments to Sections 19.0, 20.0, 21.0, 22.0, and 23.0, adding
"Indoor storage facilities accessory to an agricultural use subject to Section 5.19." Section
35.0 Definitions, adding new definitions for "Indoor Storage Facility" and "Recreational
Vehicle". Renumbering Section 5.0 accordingly - effective December 25, 2018.
39)
Amendment to Zoning Map, Schedule A: H-4 Gypsum Mines-Sweets Corner Hamlet and
West Hants Zoning Map Schedule A, to rezone 12 Bonnie Lane, Newport Station, (PID
45246329 and PID 45212552) from Rural Residential (R-4) to Hamlet Industrial (M-2). To
amend the West Hants Land Use By-law, Section 27.0 Hamlet Industrial (M-2) Zone by
adding the phrase "Any manufacturing, industrial, assembly, or warehousing operation
conducted and wholly contained within an enclosed building and which is not considered
obnoxious by reason of sound, odour, dust, fumes, smoke, or other emission." - effective
March 6, 2019.
40)
Amendments to Section 5.17 to allow for a variety of animals on lots that are smaller than
one (1) acre and located in a residential or resource zone. Amendments to Section 18.6
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and 18.7, and 18.8. - effective April 3, 2019.
41)
Amendment to Zoning Map, Schedule A: Rezoning of PID 45173382 and 45367281 from
the General Resource (GR) Zone to the Resource Industrial (M-1) Zone - effective
October 24, 2019.
42)
Amendment to Zoning Map, Schedule A: Rezoning of PID 45279742 from the General
Resource (GR) Zone to the Rural Commercial (RC) Zone, and amendment to the Land
Use By-law Part 16, Rural Commercial (RC) Zone, by inserting section 16.6 "Uses That
Involve Flammable Goods" - effective October 30, 2019.
43)
Amendments to the West Hants Land Use By-law, Section 2.8, removing details regarding
fees - effective November 26, 2019.
44)
Amendment to Section 35.1 of the West Hants Land Use By-law, by deleting the existing
definition of "Dwelling Unit" with a new definition to clarify regulations regarding seasonal
dwellings and Recreational Cabins as defined in the Building Code Act - effective
November 26, 2019.
45)
Amendments to Parts 5, 16, 18, 26, 27, 29, 32, and 35 of the West Hants Land Use By-
law to deal with a variety of cannabis licenses in West Hants - effective November 26,
2019.
46)
Amendments to Part 30, 31 of the West Hants Land Use By-law to add to the list of
permitted uses, "Brewery - Commercial", "Distillery - Commercial", "Microbrewery",
"Microdistillery", "Winery - Commercial", and "Winery"; and to add new definitions to Part
35 for the above, and to revise the definition of "Agricultural Use" - effective December
10, 2019.
47)
Amendments to Part 30 of the West Hants Land Use By-law to add to the list of permitted
uses: "Licensed Analytical Testing and Research of cannabis accessory to a permitted
licensed cannabis land use", "Licensed Micro-Cultivation of cannabis", "Licensed Micro-
Processing of cannabis", "Licensed Cannabis Nurseries", and "Licensed Standard
Cultivation and Processing of cannabis", and new Section 30.5, "Licensed Cannabis
Uses". - effective January 21, 2020.
48)
Amendments to Part 31 of the West Hants Land Use By-law to the list of permitted uses:
"Licensed Analytical Testing and Research of cannabis accessory to a permitted licensed
cannabis land use" and "Licensed Cannabis Nurseries". - effective January 21, 2020.
49)
Amend Part 31 of the West Hants Land Use By-law, Joint Industrial Type Three (LI-3), by
correcting the numbering of 31.3 and 31.4 and by inserting section "Licensed Cannabis
Uses" following Section 31.4. - effective January 21, 2020.
50)
Amend the West Hants Land Use By-law Zoning Map, Schedule A to rezone Ski Martock
Road, Windsor Forks, (PID 45038510) from General Resource (GR) to Rural Commercial
(RC). Amend the West Hants Land Use By-law, Section 16.4 Abutting Zone Requirements
in Part 16 of the West Hants Land Use By-law, Rural Commercial (RC) Zone, by replacing:
the title "Abutting Zone Requirements" with "Abutting Use Requirements", the phrase
"Where a RC zone abuts a lot in a residential zone, the following standards apply" with
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"Where any commercial use permitted in the Rural Commercial (RC) zone is developed
on a lot which abuts a lot with a residential use, the following standards shall apply" and
the phrase "residential zone" with "the lot with the residential use" in subsection (c) -
effective October 14, 2020.
51)
Amend Part 9.0, Two Unit Residential (R-2) zone, to list "mobile homes in the Three Mile
Plains Growth Centre" as a permitted use - effective June 15, 2021.
52)
Amend throughout the text to to allow secondary suites in single and two-unit dwellings -
effective September 14, 2021.
53)
Amend the West Hants Land Use By-law Zoning Map, Schedule A, to rezone PID
45288750, Vaughan from General Resource (GR) to Rural Commercial (RC). Amend the
West Hants Land Use By-law, Section 16.1 to permit "arts and craft studios" in the Rural
Commercial (RC) zone and amend Section 5.27 to include "in the Rural Commercial (RC)
zone". - effective November 18, 2021.
54)
Amendment to Section 35.0, changed the definition of Community Centre to read as
follows: "Community Centre means any tract of land and the buildings thereon, the
control of which is vested in the Municipality or local board or agent which is used for
community activities and not used for commercial purposes with the exception of mobile
canteens" - effective June 1, 2022
55)
WHLUB File # 22-04 Amendment to the Zoning Map of the West Hants Land Use By-law
to permit a two-unit dwelling at 4245 Hwy 14, Windsor Forks (PID 45038361) - effective
December 13, 2022
56)
WHLUB File # 22-07 Amendments to the text of the West Hants Land Use By-law to
ensure that small options homes are permitted in the same locations and manner as any
other dwelling - effective December 13, 2022
57)
WHLUB File # 22-17 Amendment to the text and the Zoning Map to allow residential
development on portions of PID 45190386 and 45366457 on Wentworth Road and Cole
Drive and to reduce the minimum lot specification requirements in the Single Unit
Residential (R-1) and Two Unit Residential (R-2) zones for those lots - effective
December 13, 2022
58)
WHLUB File # 22-19 Amendment to the Zoning Map, Schedule A, of the West Hants
Land Use By-law to rezone 697 Greenhill Road, Greenhill (PID 45026010) from the
Agricultural Priority Two (AR-2) zone to the Rural Residential (R-4) zone - effective
December 13, 2022
59)
WHLUB File # 22-13 Amendments to the text of the West Hants Land Use By-law to
allow detached secondary suites accessory to single and two-unit dwellings - effective
January 10, 2023
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60)
WHLUB File #22-16 Amendments to correct errors and omissions regarding metric
equivalents and to correct a policy in the WHLUB - effective February 14, 2023
61)
File #23-03 Rezone PID 45003563 Pemberton Avenue, Garland's Crossing, from
Commercial to Residential - Effective October 3, 2023
62)
File #23-29 Rezone PID 45218658 Armstrong Lake East Road, Vaughan, from Open
Space (OS) to General Resource (GR) - Effective March 5, 2024
63)
WHLUB File #23-44 Mapping changes to correct the boundary line on the mapping to
reflect the former Hantsport Town boundary - Effective April 23, 2024
64)
File #23-41 Rezone PID 45329851 4236 Highway 14, Windsor Forks, from Rural
Commercial (RC) to General Resourced (GR) - Effective April 30, 2024
65)
WHLUB File #23-34 Text amendments to section 11.0 to allow churches to be converted
into a residential use, with up to 5 residential units - Effective May 21, 2024
66)
WHLUB File #24-12 Rezone PID 45016763, 4859 Highway 1, Three Mile Plains, from
Two Unit Residential (R-2) to Multiple Unit Residential - Effective October 4, 2024
67)
WHLUB File #24-04: Text amendment to remove Section 5.54 and subsequent re-
numbering - Effective January 24, 2025
68)
File #23-21: Text amendments to Sections 3.2, 5.31, 5.41, 6.1, 8, 9, 10 and 35, to
accommodate a wider range of "missing middle" housing forms, create affordable
housing policy, and relax parking requirements - effective May 13, 2025
69)
File #25-01: Amendments to the Zoning Map to rezone PID 45017183, 33 Lakewood
Drive, Brooklyn, from the split zoning of Highway Commercial (HC) and Medium Density
Residential (R-2) to entirely Medium Density Residential (R-2) - Effective May 20, 2025.
70)
File #25-21: Amendments to the Zoning Map to rezone PID 45038510 Highway 14,
Windsor Forks, from Rural Commercial (RC) to General Resource (GR) - effective
February 23, 2026
71)
File #25-22: Amendments to the Zoning Map to rezone 5988 Highway 215, Kempt Shore
(PID 45179462) from Rural Commercial (RC) to General Resource (GR) - effective
February 23, 2026
72)
File #25-24: Rezone 2037 Highway 1, Falmouth (PID 45242112) from General
Commercial (GC) to Highway Commercial (HC) and amend the text of Section 5.20 to
permit a dog boarding and grooming facility on this property. - effective March 24, 2026
73)
File #24-25: Rezone PID 45285103 Old Walton Rd, Upper Burlington, from Open Space
(OS) to Institutional (I) and amend Section 32.0 to allow daycare centres (licensed and
non-licensed) as a permitted use in the Institutional zone. - effective May 13, 2026
Land Use By-law
ix
TABLE OF CONTENTS
1.0
TITLE AND PURPOSE .................................................................................................... 1
2.0
ADMINISTRATION .......................................................................................................... 2
Administration ......................................................................................................................... 2
Inspection ............................................................................................................................... 2
Licences, Permits and Compliance with Other By-laws .......................................................... 2
Development Permit ............................................................................................................... 2
No Development Permit Required .......................................................................................... 2
Signature of Applicant ............................................................................................................ 3
Application Fees ..................................................................................................................... 3
Notice to Property Owners ...................................................................................................... 3
Effective Date ......................................................................................................................... 4
3.0
ZONES AND ZONING MAP(S) ....................................................................................... 5
Schedules .............................................................................................................................. 5
Zones ..................................................................................................................................... 5
Zoning Map May Be Amended ............................................................................................... 6
4.0
INTERPRETATION ......................................................................................................... 7
Symbols ................................................................................................................................. 7
Interpretation of Zone Boundaries .......................................................................................... 7
Interpretation of Certain Words ............................................................................................... 7
Permitted Uses ....................................................................................................................... 7
All Land to be Zoned .............................................................................................................. 7
Schedules .............................................................................................................................. 7
Units of Measurement ............................................................................................................ 8
5.0
GENERAL PROVISIONS FOR ALL ZONES ................................................................... 9
Accessory Uses and Buildings (as amended by File #22-13 January 10, 2023) ..................... 9
Automobile Service Station Requirements .............................................................................10
Building to be Erected on a Lot ..............................................................................................10
Building to be Moved .............................................................................................................10
Calculation of Lot Frontage ....................................................................................................11
Conformity with Existing Front Yards .....................................................................................11
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Development on Municipally-owned Land .............................................................................11
Driveway Access ...................................................................................................................11
Drive-Through Business ........................................................................................................12
Encroachments Permitted .....................................................................................................12
Existing Buildings ..................................................................................................................13
Existing Undersized Lots .......................................................................................................13
Frontage on a Street ..............................................................................................................13
Height Regulation Exemption ................................................................................................13
Home-Based Business ..........................................................................................................14
Household Livestock .............................................................................................................15
Illumination ............................................................................................................................16
Indoor Storage Facility ...........................................................................................................16
Kennels .................................................................................................................................16
Landscaping ..........................................................................................................................17
Loading Space Requirements ...............................................................................................17
Manufactured Homes ............................................................................................................18
More than One Building on Existing Lot .................................................................................18
Multiple Uses .........................................................................................................................18
Non-Conforming Uses ...........................................................................................................18
One Main Building on a Lot ...................................................................................................19
On-site Sewage Disposal Systems ........................................................................................19
Open Storage ........................................................................................................................19
Parking Requirements ...........................................................................................................20
Parking for People with Disabilities ........................................................................................21
Parks and Playgrounds .........................................................................................................21
Reduced Lot Requirements ...................................................................................................21
Restoration to a Safe Condition .............................................................................................21
Semi-Detached and Townhouse Dwellings ...........................................................................22
Separation from Intensive Livestock Operation ......................................................................22
Setback for Flanking Yard .....................................................................................................22
Side Yard Waiver ..................................................................................................................22
Telecommunications Towers .................................................................................................22
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xi
Temporary Uses, Building and Structures Permitted .............................................................22
Through Lots .........................................................................................................................23
Truck, Bus and Coach Bodies ...............................................................................................23
Utilities ...................................................................................................................................23
Variance ................................................................................................................................23
Visibility at Street Intersections ..............................................................................................24
Watercourses ........................................................................................................................24
Wind Turbines .......................................................................................................................24
Yard Requirements and Natural Hazard Areas ......................................................................25
6.0
DEVELOPMENT AGREEMENTS ...................................................................................27
Developments to be considered by Development Agreement ................................................27
7.0
SIGNS ............................................................................................................................30
General .................................................................................................................................30
Maintenance ..........................................................................................................................30
Signs Permitted in all Zones ..................................................................................................30
Signs Prohibited in all Zones .................................................................................................31
Facial Wall Signs ...................................................................................................................31
Projecting Walls Signs ...........................................................................................................31
Ground Signs ........................................................................................................................32
Roof Signs .............................................................................................................................32
Canopies or Awnings .............................................................................................................32
Mobile Signs ..........................................................................................................................32
Signs in Sports Fields and Outdoor Arenas ...........................................................................32
Sign Restrictions by Zone ......................................................................................................33
8.0
LOW DENSITY RESIDENTIAL (R-1) .............................................................................34
9.0
MEDIUM DENSITY RESIDENTIAL (R-2) .......................................................................36
10.0
HIGH DENSITY RESIDENTIAL (R-3) .........................................................................38
11.0
RURAL RESIDENTIAL (R-4) ......................................................................................40
12.0
MANUFACTURED HOME PARK (MHP) ....................................................................41
13.0
GENERAL COMMERCIAL (GC) .................................................................................43
14.0
HIGHWAY COMMERCIAL (HC) .................................................................................45
15.0
LOCAL COMMERCIAL (LC) .......................................................................................47
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xii
16.0
RURAL COMMERCIAL (RC) ......................................................................................49
17.0
RECREATION COMMERCIAL (RecC) .......................................................................51
18.0
GENERAL PROVISIONS FOR AGRICULTURAL AND RESOURCE USES ...............52
19.0
PRIME AGRICULTURE (P/Ag) ZONE ........................................................................55
20.0
AGRICULTURAL PRIORITY TWO (AR-2) ZONE .......................................................57
21.0
AGRICULTURAL PRIORITY THREE (AR-3) ZONE ...................................................59
22.0
GENERAL RESOURCE (GR) .....................................................................................61
23.0
MINERAL RESOURCE (MR) ......................................................................................63
24.0
WATER SUPPLY (W) .................................................................................................64
25.0
LANDFILL (LF) ...........................................................................................................66
26.0
RESOURCE INDUSTRIAL (M-1) ................................................................................67
27.0
HAMLET INDUSTRIAL (M-2) ......................................................................................69
28.0
LOCAL INDUSTRIAL (LI)............................................................................................71
29.0
LIGHT INDUSTRIAL (LI-1) ..........................................................................................73
30.0
JOINT INDUSTRIAL TYPE TWO (LI-2) ......................................................................75
31.0
JOINT INDUSTRIAL TYPE THREE (LI-3) ...................................................................78
32.0
INSTITUTIONAL (I) .....................................................................................................80
33.0
OPEN SPACE (OS) ....................................................................................................81
34.0
DYKELAND OVERLAY ...............................................................................................82
35.0
DEFINITIONS .............................................................................................................86
Land Use By-law
1 | P a g e
1.0
TITLE AND PURPOSE
1.1
This By-law shall be known as the Municipality of the District of West Hants Land Use By-
law and shall apply to all lands within the municipal boundaries.
1.2
The purpose of this By-law is:
(a)
to carry out the land use development policies found in the Municipal Planning
Strategy; and
(b)
to establish a systematic means of development control for the Municipality of the
District of West Hants (hereinafter referred to as the "Municipality").
Land Use By-law
2 | P a g e
2.0
ADMINISTRATION
Administration
2.1
This By-law shall be administrated by the Development Officer appointed by Council.
Inspection
2.2
The Council, by any duly authorized officer or servant, shall have the right to enter at all
reasonable times into or upon any property within the Municipality for the purpose of an
inspection necessary in connection with the administration of this By-law.
Licences, Permits and Compliance with Other By-laws
2.3
(a)
Nothing in this By-law shall exempt any person from complying with the
requirements of any other By-law of the Municipality or from obtaining any license,
permission, permit, authority or approval required by any other By-law of the
Municipality of any act or regulation of the Province of Nova Scotia or the
Government of Canada.
(b)
Where the provisions of this By-law conflict with those of any other By-law of the
Municipality or any act or regulation of the Province or the Government of Canada,
the higher or more stringent provision shall prevail.
Development Permit
2.4
(a)
Unless otherwise stated in this By-law, no person shall use land or erect, alter or
use any building or structure in the Municipality without first obtaining a
development permit from the Development Officer.
(b)
The Development Officer shall only issue a development permit in conformance
with this By-law or a duly executed and approved development agreement.
(c)
A development permit issued after the coming into force of this By-law shall
automatically expire 12 months from the date issued if the development has not
commenced. A development permit issued before the coming into force of this By-
law shall automatically expire 12 months from the effective date of this By-law if
the development has not commenced.
(d)
The Development Officer may revoke a development permit where information
provided on the application is found to be inaccurate.
No Development Permit Required
2.5
Notwithstanding Section 2.4, no development permit shall be required for:
(a) a development that involves the interior or exterior renovation of a building that will
not change the footprint or increase its volume and/or floor area, will not add more
dwelling units, or will not involve a change in use of the building;
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(b) a fence or wall that does not exceed 6 ft (1.83 m) in height;
(c)
certain types of signs as specified in Section 7.4;
(d) a temporary use subject to Section 5.44;
(e) woods camps, except in the Water Supply (W) zone; and
(f)
indoor storage facilities within agricultural buildings constructed prior to November
13, 2018. (Amendment 18-03 Effective December 25, 2018)
Application for a Development Permit
2.6
(a)
Every application for a development permit shall be accompanied by a sketch or
plan drawn to an appropriate scale and showing:
(i)
the shape and dimensions of the lot to be used;
(ii)
the dimensions and height of the building or structure proposed to be
erected and its distance from the lot boundaries;
(iii)
the distance from the lot boundaries and size of every building or structure
already erected on the lot; and
(iv)
the proposed location and dimensions of any parking space, loading space,
driveway, and landscaped area.
(b)
In addition to the requirements of subsection (a), every application for a
development permit shall show:
(i)
the existing and proposed use of the lot and any building or structure; an
(ii)
any other information the Development Officer deems necessary to
determine whether or not the proposed development conforms to the
requirements of this By-law:
(c)
Where the Development Officer is unable to determine whether the proposed
development conforms to this By-law, the Development Officer may require that
the plans submitted under subsection (a) be based upon a survey certified and
stamped by a Nova Scotia Land Surveyor.
Signature of Applicant
2.7
The application for a development permit shall be signed by the registered owner of the
lot or by the owner's agent duly authorized in writing to act for the owner.
Application Fees
2.8
An applicant for a development permit, a development agreement, an amendment to a
development agreement, a discharge of a development agreement, an amendment to the
Land Use By-law, a site plan, a variance, or a zoning confirmation shall pay the fees
prescribed by Council by policy. (Amendment 19-04 Effective November 26, 2019)
Notice to Property Owners
2.9
(a)
When an application has been received to amend this By-law for a site-specific
purposed, enter into a development agreement, or amend a development
agreement, all property owners within 300 ft (91.44 m) of the subject property shall
be notified of the application by the Municipal Clerk.
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(b)
The notice referred to in subsection (a) shall be in addition to the advertisement for
public hearing required under the Municipal Government Act and shall be
delivered, by regular mail prior to the public hearing, to all assessed property
owners as shown on the current assessment roll in use by the Municipality at the
time of application.
Effective Date
2.10
(a)
This By-law shall take effect upon the date of publication of the notice advertising
the approval of the new By-law.
(b)
The adoption of this By-law repeals any previous Land Use By-laws adopted by
the Municipality.
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3.0
ZONES AND ZONING MAP(S)
Schedules
3.1
The following schedules shall form a part of this By-law:
Schedule >A=
Zoning Map, Municipality of the District of West Hants (entire area)
GC-1
Falmouth Growth Centre
GC-2
Three Mile Plains Growth Centre
V-1
Brooklyn Village
H-1
Ardoise-Cameron Lake Hamlet
H-2
Cheverie Hamlet
H-3
Ellershouse Hamlet
H-4
Gypsum Mines-Sweets Corner Hamlet
H-5
Mount Denson Hamlet
H-6
Newport Corner Hamlet
H-7
Newport Landing Hamlet
H-8
Newport Station Hamlet
H-9
St. Croix Hamlet
H-10
Summerville Hamlet
H-11
Wentworth Creek Hamlet
Zones
3.2
For the purpose of this By-law, the Municipality is divided into the following zones, the
boundaries of which are shown on the attached Schedule 'A'. Such zones may be
referred to by the corresponding symbols shown below (as amended by File #23-21 effective
May 13, 2025).
Zones
Symbol
Low Density Residential
R-1
Medium Density Residential
R-2
High Density Residential
R-3
Rural Residential
R-4
Manufactured Home Park
MHP
General Commercial
GC
Highway Commercial
HC
Local Commercial
LC
Rural Commercial
RC
Recreation Commercial
RecC
Prime Agriculture
P/Ag
Agricultural Priority Two
AR-2
Agricultural Priority Three
AR-3
General Resource
GR
Mineral Resource
MR
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Zones
Symbol
Water Supply
W
Landfill
LF
Resource Industrial
M-1
Hamlet Industrial
M-2
Local Industrial
LI
Light Industrial
LI-1
Joint Industrial Type Two
LI-2
Joint Industrial Type Three
LI-3
Institutional
I
Open Space
OS
Special Overlay Zones
Dykeland Overlay
Zoning Map May Be Amended
3.3
The Zoning Map may be amended, in conformance with the Municipal Planning Strategy,
to use any zone in this By-law.
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4.0
INTERPRETATION
Symbols
4.1
The symbols used on the Zoning Map refer to the corresponding zones establish in the
By-law.
Interpretation of Zone Boundaries
4.2
(a)
The extent and boundaries of zones are shown on the Zoning Map and the
appropriate provisions of this By-law shall apply to all zones.
(b)
Boundaries between zones shall be determined as follows:
(i)
where a zone boundary is indicated as following a street, the boundary shall
be the centre line of the street unless otherwise indicated;
(ii)
where the zone boundary is indicated as approximately following lot lines,
the boundary shall follow the lot lines;
(iii)
where a railway right-of-way, electric transmission line right-of-way or a
watercourse shown on a zoning map serves as a zone boundary, the centre
line of the right-of-way or watercourse shall be considered the boundary
between the zones unless otherwise indicated; and
(iv)
where none of the above apply, and where appropriate, the zone boundary
shall be scaled from the Zoning Map.
Interpretation of Certain Words
4.3
In this By-law, words used in the present tense include the future, words in singular
number include the plural, words in the plural include the single number, the word "used"
includes "arranged to be used", "designed to be used" and "intended to be used", and the
word "shall" is mandatory.
Permitted Uses
4.4
(a)
In this By-law, any use not listed as a permitted use in a zone is prohibited in that
zone unless otherwise indicated.
(b)
Where a permitted use within any zone is defined in this By-law, the uses permitted
in the zone include any similar uses that satisfy such definition except where a
definition specifically excludes any similar use.
All Land to be Zoned
4.5
All lands within the Municipality shall be zoned except where specifically indicated as
unzoned.
Schedules
(a)
All schedules and figures attached to this By-law form an official part of the By-law.
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(b)
Any appendices that may be attached to this By-law are for information purposes
only and are not an official part of the By-law.
Units of Measurement
4.7
(a) Units of measurement used in this by-law are abbreviated as follows: feet - ft; meters
- m; square feet - ft2; and square meters - m2.
(b) The imperial system of measurement is used throughout this By-law and in all cases
represents the required standard. Metric measurements are approximate and for
convenience only. (Amendment WHLUB #22-16 effective February 14, 2023)
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5.0
GENERAL PROVISIONS FOR ALL ZONES
Accessory Uses and Buildings (as amended by File #22-13 January 10, 2023)
5.1
(a)
An accessory building or structure is permitted in any zone and may be used only
as an accessory use to the main building or use, but it shall not:
(i)
be used as a dwelling unit except where a dwelling is a permitted
accessory use;
(ii)
be built within 6 ft (1.83 m) of the main building;
(iii)
be built closer to the street than the main building on the lot except in the
Prime Agriculture (P/Ag) zone;
(iv)
be built closer to any lot line than the minimum setback required in the zone
for the main building, except that:
-
Common garages for semi-detached dwellings may be centred on a
mutual side lot line;
-
Garages, storage sheds and detached secondary suites may be built a
minimum of 4 ft (1.22 m) from the side and rear lot lines;
-
Boat houses and docks may be built to the lot line where the lot line
corresponds to the water's edge.
(b)
Notwithstanding clauses (iii) and (iv) of Section 5.1(a), an accessory building or
structure may be located in the front yard of a lot but in no case shall be less than
60 ft (18.29 m) from the front lot line.
(c)
Notwithstanding anything else in this By-law, awnings, clothesline poles, flag poles,
garden trellises, retaining walls, ornamental fountains, statues, monuments,
memorials and fences shall be exempt from any requirement under subsection (a).
(d)
No accessory building or structure shall be constructed:
(i)
prior to construction of a main building, unless development and building
permits have been issued for the main building, except that a boat house,
dock or storage shed may be built prior to construction of a seasonal dwelling
only on a lot located in the General Resource (GR) zone; or
(ii)
prior to the establishment of the main use of the land where no main building
is to be built.
(e)
The maximum height of an accessory building shall not exceed 20 ft (6.10 m)
except:
(i)
where a specific zone expressly permits a greater height; or (Amendment
WHLUB 09-02 Effective January 1, 2010)
(ii)
where a main building is 2.5 storeys in height or higher, the maximum height
of an accessory building shall not exceed two-thirds (2/3) the height of the
main building or 30 ft (9.14 m), whichever is less. (Amendment WHLUB 14-01
Effective January 22, 2015)
(f)
Accessory buildings which are erected and regularly used as part of a main
agricultural activity on lots used for agricultural purposes may be used for other
purposes which support the agriculture use, including but not limited to commercial
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indoor storage of recreational vehicles, boats, and cars in accordance with Section
5.19. (Amendment 18-03 Effective December 25, 2018)
(g)
Accessory uses shall be located on a lot held in the same ownership and:
(i)
within the same zone as the main building or use it is intended to serve or
within an abutting zone in which the main use or building is permitted; and
(ii)
on a lot which directly abuts or is directly across a public street or highway
or private road from the lot containing the main building or use it is intended to
serve.
(h)
The requirements for accessory uses and buildings shall apply to detached
secondary suites with the exception of 5.1(g): detached secondary suites shall be
located on the same lot as the main dwelling.
Automobile Service Station Requirements
5.2
Where automobile service stations are permitted, the following special provisions shall
apply:
(a)
minimum lot frontage shall be 150 ft (45.72 m);
(b)
no portion of any pump island (the raised concrete pad on which the gas pumps
are situated) shall be located closer than 20 ft (6.10 m) from the street;
(c)
the minimum angle of intersection of a driveway to a street line shall be 45 degrees
and the maximum angle of intersection shall be 90 degrees;
(d)
the minimum distance between driveways shall be 30 ft (9.14 m);
(e)
the minimum distance from any driveway to a street intersection shall be 100 ft
(30.48 m); and
(f)
the width of a driveway shall be a minimum of 25 ft (7.62 m) and a maximum of 35
ft (10.67 m).
Building to be Erected on a Lot
5.3
No building shall be erected or used unless it is erected on a single lot.
Building to be Moved
5.4
No building shall be moved to a lot within the Municipality without the owner first obtaining
a development permit to locate the building.
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Calculation of Lot Frontage
5.5
(a)
Lot frontage for a lot with a regular shape shall be
measured as the distance between the side lot lines
where they meet the front lot line.
(b)
Lot frontage for a lot with a irregular shape shall be
the distance between the side lot lines measured
perpendicular to a line joining the middle of the front
line with either the middle of the rear lot line or the
apex of the triangle formed by the side lot lines, at a
point equal to the minimum applicable front yard
(see Figure 1).
Conformity with Existing Front Yards
5.6
Notwithstanding anything else in this By-law, in any residential zone, structures between
existing buildings within 200 ft (60.96 m) on the same block may be built with a setback
equal to the average setback of the adjacent buildings, but this depth shall not be less
than 10 ft (3.05 m) from the front lot line and need to be greater than setback regulations
prescribed in the zone in which it is situated.
Development on Municipally-owned Land
5.7
(a)
Municipal buildings and facilities shall be permitted in any zone.
(b)
Notwithstanding clause (a), Section 4.4 of the Municipal Planning Strategy shall
apply to development on municipally-owned land where such development:
(i)
involves the constuction of a new main building with a gross floor area greater
thatn 2,000 ft2 (1.85.80 m2); and
(ii)
would require a development agreement or rezoning if the development were
undertaken on privately-owned land.
Driveway Access
5.8
(a)
Driveway access for a through lot may be provided to either or both streets but in
no case shall a driveway continue from one street to the other.
(b)
The minimum distance between a driveway and a street intersection, except for
automobile service stations as provided in Section 5.2, shall be:
(i)
25 ft (7.62 m) where the driveway access is to a local street; and
(ii)
66 ft (20.12 m) where the driveway access is to a collector or arterial street,
or as specified by Nova Scotia Department of Transportation and Public
Works for provincial public streets.
(c)
A lot shall be limited to two driveways for the first 100 ft (30.48 m) of street frontage
plus one driveway for each additional 100 ft (30.48 m) of street frontage.
(d)
A driveway access for:
Figure 1
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(i)
a dwelling with not more than three units shall have a minimum width of 10 ft
(3.05 m) and a maximum width of 20 ft (6.10 m);
(ii)
any other use shall have a minimum unobstructed width of 20 ft (6.10 m)
where two-way traffic is permitted and 10 ft (3.05 m) where only one-way
direction of traffic flow is permitted and a maximum width of 35 ft (10.67 m).
The direction of traffic flow shall be clearly indicated by signs, pavement
markings or both.
(e)
The minimum angle of intersection between a driveway and a street line shall be
60 degrees.
(f)
Where a two-way driveway is divided into two one-way driveways by means of a
curb, an area of landscaped open space or any other obstruction, such driveways
shall, for the purposes of this Section, be considered a single driveway.
(g)
Except for an automobile service station, no lot shall have access to an arterial
street if access to a non-arterial street is possible.
Drive-Through Business
5.9
(a)
Business providing drive-through services including, but not limited to, restaurants,
banks, automated tellers and automotive uses, shall provide stacking spaces for
vehicle queuing in accordance with the following requirements:
Use
Required Stacking Spaces
restaurants
10 in-bound spaces approaching each service window; one out-
bound space after each service window
banks, automated tellers
5 in-bound spaces approaching each service window
automatic car washes and
other automotive uses
3 in-bound spaces approaching the wash or service bay; one out-
bound space after the wash or service bay
other uses
3 in-bound spaces approaching each service window
(b)
A stacking space required under clause (a) shall be a minimum of 10 ft (3.05 m) in
width by 20 ft (6.10 m) in length.
Encroachments Permitted
5.10
The following portions of structures may project into a yard required by this By-law to the
limit of the specified distance:
Structure or Feature
Distance
architectural adornments including, but not limited to, sills, chimneys, cornices,
eaves, gutters, pilasters and canopies
2 ft (0.61 m)
bay windows, oil tanks and propane tanks
3 ft (0.91 m)
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balconies, verandas, sun decks, uncovered terraces, porches and exterior
staircases providing access between finished grade and either the basement or
the first storey - front, rear or flanking yards only
5 ft (1.52 m)
fire escapes - rear and side yards only
5 ft (1.52 m)
wheelchair ramps
to the lot line
Existing Buildings
5.11
Where an existing building is on a lot having less than the minimum frontage, area or
yards required by this By-law, the building may be enlarged, reconstructed, repaired or
renovated provided that:
(a)
the enlargement, reconstruction, repair or renovation does not further reduce the
yards that do not conform to this By-law; and
(b)
all other applicable provisions of this By-law are satisfied.
5.12
The use of an existing building may be changed to a use permitted in the zone where
the lot area, frontage, yards or all of these is less than the requirements of this By-law
provided that all other provisions of this By-law are satisfied.
Existing Undersized Lots
5.13
(a)
Notwithstanding anything else in this By-law, an existing vacant lot having less than
the minimum frontage or area required by this By-law may be used for a purposed
permitted in the zone, and a building may be erected on the lot provided that all
other applicable provisions of this By-law are satisfied.
(b)
An existing undersized lot which is increased in area or frontage or both, but
remains undersized, is still considered an existing undersized lot for the purposes
of this section.
Frontage on a Street
5.14
All development shall be restricted to lots which front and abut a public street except for
the following:
(a)
lots exempted under Section 5.13 and 5.37;
(b)
agricultural, forestry and mineral uses;
(c)
seasonal dwellings and single unit dwellings on existing private roads; or
(d)
seasonal dwellings and single unit dwellings on new private roads only in the
General Resource (GR) zone.
Height Regulation Exemption
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5.15
Any maximum height requirement set out in this By-law shall not apply to a church spire,
lightning rod, water tank, monument, flag pole, silo, barn, television or radio antenna,
telecommunications tower, ventilator, skylight, fire tower, drive-in theatre screen,
chimney, clock tower, solar collector, power transmission tower, wind turbine or roof top
cupola.
Home-Based Business
5.16
(a) Any dwelling or building accessory thereto may be used for a home-based
business provided that:
(i)
the dwelling is occupied as the principal residence of the operator of the
home-based business;
(ii)
the external appearance of the dwelling is not changed by the home-based
business;
(iii)
there are no more than two assistants employed in the home-based business
who are not resident of the dwelling;
(iv)
in the Growth Centre and Village designations, not more than 25 percent of
the total floor area of the dwelling and accessory building is devoted to the
home-based business to a maximum of 500 ft2 (46.45 m2);
(v)
in the Hamlet, Agriculture and Resource designations, not more than 25
percent of the total floor area of the dwelling and accessory building is
devoted to the home-based business to a maximum of 1,000 ft2 (92.90 m2);
(vi)
one off-street parking space, other than that required by the dwelling, is
provide for every 200 ft2 (18.58 m2) of floor space occupied by the home-
based business;
(vii) no signage shall be permitted other than a non-illuminated business
identification sign no larger than 5 ft2 (0.46 m2) in area;
(viii) no mechanical equipment is used except what is reasonably consistent with
the use of a dwelling;
(ix)
outdoor display is limited to not more than 200 ft2 (18.58 m2); and
(x)
open storage shall be limited to the rear yard and screened from adjacent
residential properties by a continuous row of trees, a hedge, a fence or a
combination of the foregoing arranged to form a dense or opaque screen.
(b)
A home-based business shall include the following types of uses:
(i)
offices;
(ii)
arts and crafts studios with or without a retail sales component;
(iii)
retail sales or antiques, used clothing, used books and used furniture;
(iv)
dressmaking and tailoring shops;
(v)
repair shops for garden and household ornaments, small appliances, person
effects or toys;
(vi)
garden and nursery sales including the sale of produce grown on site;
(vii) catering and bakery establishments;
(viii) hairdressing salons and barbershops;
(ix)
photographic and picture framing studios;
(x)
nonlicensed day care centres;
(xi)
bed and breakfasts;
(xii) private schools with fewer than six students;
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(xiii) instruction in music, dance or arts and crafts;
(xiv) hobby kennels, subject to requirements of Section 5.20 of this By-law; and
(xv) pet grooming.
(c)
A home-based business shall not include the following types of uses:
(i)
convenience stores;
(ii)
grocery stores;
(iii)
snack bars;
(iv)
service shops;
(v)
auto body or automobile repair shops;
(vi)
veterinary clinics;
(vii) restaurants;
(viii) transport depots;
(ix)
commercial kennels;
(x)
salvage yards; and
(xi)
retail sales of any products which cannot fall within the activities in Section
5.16 (a)
(d)
The following special provisions shall apply to bed and breakfasts:
(i)
bed and breakfasts shall not be subject to the size restrictions specified in
subsections (a) (iv) and (v);
(ii)
in addition to the sign permitted in subsection (a) (vii), one ground sign not
exceeding 12 ft2 (1.11 m2) in area and 5 ft (1.52 m) in height shall be
permitted; and
(iii)
in addition to the normal parking requirements for the dwelling, one parking
space shall be provided for each bedroom used for rental purposes:
Household Livestock
5.17
Household livestock operations shall be permitted in any residential or resource zone
subject to the following:
(a) the requirements for non-intensive livestock operations as contained in Section
18.6 and 18.7 of this By-law;
(b) for purposes of this section, a lot may include multiple abutting properties held by
the same owner;
(c) the slaughtering of household livestock shall be permitted on the lot;
(d) livestock shall not be permitted on lots less than one (1) acre in Growth Centres
(e) the number of animals permitted on a lot less than one (1) acre shall be limited
to:
(i) Lots less than ¼ an acre (10,890 sq. feet)
-
a combination of rabbits and chickens (including Roosters, Broilers and
Laying Hens) to a total of five (5) animals.
(ii) Lots ¼ acre (10,890 sq. feet) up to and including ½ an acre (21,780 sq. feet)
-
a combination of rabbits, turkeys and chickens (including Roosters,
Broilers and Laying Hens) to a total of ten animals.
(iii) Lots over ½ an acre (21,780 sq. feet) to one (1) acre (43,560 sq. feet)
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-
a combination of rabbits, turkeys, sheep, hogs, and chickens (including
Roosters, Broilers and Laying Hens) to a total of fifteen animals with no
more than two (2) sheep or one (1) hog.
(f)
the maximum number of animal units permitted on a lot larger than one (1) acre
shall be limited to one (1) animal unit for the first full acre and one (1) additional
animal unit for each additional full half acre to a maximum of eight (8) animal
units;
(g) household livestock shall be contained within the limits of the property by means
of fencing, enclosures or buildings;
(Amendment 17-01 WHLUB Effective April 3, 2019)
Illumination
5.18
No person shall erect a sign with lights external to the sign itself or illuminate an area
outside any building or structure unless the illumination is directed away from adjoining
properties and any adjacent street.
Indoor Storage Facility
5.19
Where indoor storage facilities are permitted as an accessory use to agricultural uses,
an indoor storage facility shall:
(a)
not require a development permit if the use is within an existing building used for
agriculture purposes;
(b)
be clearly subordinate to the principal agricultural use of the lot; and
(c)
require approval from the Municipal Fire Inspector / Building Official for use of the
building for an indoor storage facility.
(Amendment 18-03 Effective December 25, 2018)
Kennels
5.20
Where kennels are permitted by this by-law, the following special provisions shall apply:
(a)
no kennel building or structures, including outdoor exercise runs, shall be located
closer than:
(i)
100 ft (30.48 m) from the front lot line, except in the Highway Commercial
(HC) zone where the standard front yard requirement shall apply;
(ii)
100 ft (30.48 m) from all water wells and watercourses;
(iii)
50 ft (15.24 m) from the rear and side lot lines; and
(iv)
300 ft (91.44 m) from a dwelling on an adjacent property, except for PID
45242112 (amendment effective March 24, 2026);
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(b)
the use shall include a wholly enclosed building that is properly ventilated and
soundproofed to a sound transmission class of at least 50 decibels as prescribed
by the National Building Code; and
(c)
no outdoor exercise run shall be occupied between the hours of 9:00 pm and 7:00
am on the following day.
Landscaping
5.21
Landscaped open space shall be provided for commercial and multiple residential uses
in accordance with the zone provisions set out herein and the following general
provisions:
(a)
any part of a lot which is not occupied by buildings, structures, parking areas,
loading spaces, driveways, excavations, agricultural uses or permitted outdoor
storage areas shall be maintained as landscaped open space;
(b)
except as otherwise specifically provided herein, no part of any required front yard
or required exterior side yard shall be used for any purpose other than landscaped
open space;
(c)
where landscaped open space of any kind, including a planting strip, is required
adjacent to any lot line or elsewhere on a lot, nothing in this By-law shall apply to
prevent such landscaped open space from being traversed by pedestrian
walkways or permitted driveways; and
(d)
no part of any driveway, parking area, loading space, roof-top terrace, balcony,
swimming pool or space enclosed within a building shall be considered part of the
landscaped open space on a lot.
Loading Space Requirements
5.22
(a)
For commercial, industrial or institutional uses involving the frequent shipping,
loading or unloading of persons, animals, or goods, one loading space shall be
provided for every 30,000 ft2 (2,787.00 m2), or fraction thereof, of floor space to a
maximum of six loading spaces.
(b)
A loading space is not required for any building less than 2,000 ft2 (185.80 m2) in
floor area.
(c)
A loading space shall:
(i)
be a minimum of 12 ft (3.66 m) by 40 ft (12.19 m) with a minimum of 14 ft
(4.27 m) height clearance;
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(ii)
not be located within any required front yard or be located within any yard
which abuts a residential zone; and
(iii)
have access to the street by means of a minimum 20 ft (6.10 m) wide
driveway.
Manufactured Homes
5.23
Where manufactured homes are permitted by this By-law, the following conditions shall
be met:
(a)
no wheels, hitches or other transport attachments shall be visible; and
(b)
the structure shall be skirted within 30 days of placement on the lot.
More than One Building on Existing Lot
5.24
Notwithstanding anything else in this By-law, where an existing lot contains two or more
existing buildings, the minimum frontage requirement shall be 10 ft (3.05 m) for each lot
containing a building.
Multiple Uses
5.25
In any zone, where any land or building is used for more than one purpose, all provisions
of the By-law relating to each use shall be satisfied. Where there is a conflict, such as
in the case of lot area or frontage, the standards that apply to the most dominant use
shall prevail.
Non-Conforming Uses
5.26
(a)
Any use of land or building or structure constructed, or being constructed, on or
before the effective date of this By-law that does not conform to the requirements
of this By-law shall be subject to the provisions of the Municipal Government Act
respecting non-conforming uses and structures.
(b)
Notwithstanding subsection (a):
(i)
the minor extension or enlargement not exceeding 100 ft2 (9.29 m2) in area,
of a structure containing a non-conforming use shall be permitted to allow for
an addition of an accessory nature such as an entryway, porch or small
storage space;
(ii)
a non-conforming use of land or a structure shall not be recommended if it
has been discontinued for a continuous period of 12 months, and in such an
event, the land or structure shall not thereafter be used except in conformity
with the requirements of this By-law; and
(iii)
a non-conforming industrial use shall be permitted to change to a less
obnoxious or less intensive industrial use in terms of traffic generated, hours
of operation, outdoor storage, noise and fumes.
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One Main Building on a Lot
5.27
No person shall erect more than one main building on a lot except:
(a)
in the Light Industrial (LI-1), Joint Industrial Type Two (LI-2), Joint Industrial Type
Three (LI-3) and Resource Industrial (M-1) zones;
(b)
in the Manufactured Home Park (MHP) zone;
(c)
in the Landfill (LF) zone;
(d)
in the Rural Commercial (RC) zone; (Amendment 21-12 Effective November 18, 2021)
(e)
agricultural uses;
(f)
municipal water treatment and distribution uses in the Water Supply (W) zone;
(g)
grouped dwellings;
(h)
institutional uses;
(i)
regional shopping centres;
(j)
a second dwelling will be permitted on a lot where it can be shown that a second
lot can be created, the second dwelling can be accommodated on that portion of
the lot and the building can be shown to meet all other requirements.
On-site Sewage Disposal Systems
5.28
Larger minimum lot sizes than those specified in this By-law may be required by the Nova
Scotia Department of Environment and Labour for the installation of on-site sewage
disposal systems.
Open Storage
5.29
Except as otherwise provided in Section 5.29 or specifically listed as permitted in a zone,
no open storage shall be permitted except in accordance with the following provisions:
(a)
no open storage shall be permitted in any required yard or, except in the case of
an agricultural use, in any part of a front yard or flanking yard;
(b)
no open storage area shall be located closer than 10 ft (3.05 m) to any lot line;
(c)
no parking spaces or loading spaces required by this By-law shall be used for open
storage purposes; and
(d)
no open storage area shall be visible from any adjacent lot where such adjacent
lot is located in a zone other than a commercial or industrial zone, and to this end
any open storage area shall be screened, where necessary to comply with this
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provision, by a planting strip designed to have an ultimate height of not less than 6
ft (1.83 m), except that this provision shall not apply to any open storage area
necessary to an agricultural use.
5.30
Nothing in Section 5.29 shall apply to prevent or other restrict the use as an open storage
area of any part of the front yard of a lot containing an agricultural use for a temporary
roadside farm sales outlet for produce grown on the said lot.
Parking Requirements
5.31
(a)
For every building or structure to be erected or enlarged, off-street parking shall be
provided within the same lot as the use, in accordance with the following chart:
Type of Building
Parking Spaces Required
a dwelling containing
fewer than 3 dwelling
units
1 parking space for each dwelling
all other dwellings
1 parking space for each dwelling unit within the Falmouth or
Three Mile Plains Growth Centre (as amended by File #23-21 effective
May 13, 2025)
1.5 parking spaces for each dwelling unit
boarding and rooming
houses
1 parking space for the dwelling unit plus 1 parking space for
every room available for rent
senior citizen housing
1 parking space for every 2 dwelling units
hospitals and nursing
homes
1.25 parking spaces for every bed
funeral homes
1 parking space for every 5 seat capacity of the chapel with a
minimum of 10 parking spaces
churches, halls, auditoria,
restaurants, theatres,
arenas, stadiums, private
clubs and other places of
assembly
where there are fixed seats, 1 parking space for every 5 seats, or
10 ft (3.05 m) of bench space;
where there are no fixed seats, 1 parking space for every 100 ft2
(9.29 m2) of floor area devoted to public use
bowling alleys and curling
rinks
4 parking spaces for each bowling lane or curling sheet plus 1
parking space for every 100 ft2 (9.29 m2) of other public floor
space
hotels, motels, country
inns and other tourist
accommodations
1 parking space for every suite or rental unit plus 1 parking space
for every 50 ft2 (4.64 m2) of floor space devoted to public use
exclusive of lobbies or halls
offices, financial
institutions
1 parking space for every 300 ft2 (27.87 m2) of floor area
regional shopping
centres
5 parking spaces for every 1,000 ft2 (92.90 m2) of commercial floor
area
drive-through or take-out
restaurants
4 parking spaces up to first 200 ft2 (18.58 m2) of useable floor
area plus 1 parking space for each additional 200 ft2 (18.58 m2) of
useable floor area
all other commercial uses
1 parking space for every 300 ft2 (27.87 m2) of commercial floor
area
elementary schools
1.5 parking spaces for each classroom
secondary schools
4 parking spaces for each classroom
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Type of Building
Parking Spaces Required
industrial
1 parking space for every 700 ft2 (65.03 m2) of manufacturing
space and 1 parking space for every 1,000 ft2 (92.90 m2) of
warehouse space and all other industrial uses
riding stables
1 parking space for every 4 stalls
(b)
A parking space shall measure 10 ft by 20 ft (3.05 m by 6.10 m) exclusive of
driveways and manoeuvring aisles.
5.32
Where a part of a parking space is required in accordance with this By-law, such part
shall be considered one parking space for the purpose of calculating the total parking
requirements.
5.33
Where a building or lot accommodates more than one type of use as set out in this By-
law, the total parking space requirement for such building or lot shall be the sum of the
requirements for the separate uses thereof.
5.34
Parking spaces required in accordance with this By-law shall not include any parking
spaces used or intended to be primarily for the storage or parking of vehicles for hire or
gain, display or sale.
Parking for People with Disabilities
5.35
(a)
In addition to the parking requirements found in Section 5.31, where off-street
parking is to be provided on the same lot as the building, one space dedicated to people
with disabilities shall be provided for every 100 spaces, or part thereof.
(b)
Such parking spaces shall be 12 ft by 20 ft (3.66 m by 6.10 m) and be no more
than 160 ft (48.77 m) away from the entrance designed for use by people with
disabilities.
Parks and Playgrounds
5.36
Parks and playgrounds shall be permitted in any zone provided:
(a)
any maintenance or storage building accessory to the park or playground does not
exceed 200 ft2 (18.58 m2) in floor area; and
(b)
any signage conforms to Section 7.0.
Reduced Lot Requirements
5.37
Notwithstanding anything else in this By-law, a lot having less than the minimum frontage
or area which has been approved in accordance with the West Hants Subdivision By-
law may be used for a purpose permitted in the zone in which it is located and a building
may be erected provided all other applicable provisions of this By-law are satisfied.
Restoration to a Safe Condition
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5.38
Nothing in this By-law shall prevent strengthening or restoring any building or structure
to a safe condition.
Semi-Detached and Townhouse Dwellings
5.39
Semi-detached and townhouse dwellings may be subdivided into separate lots provided
each dwelling unit has separate service connections and provided all applicable
provisions of the West Hants Subdivision By-law and this By-law are observed. No side
yard shall be required along the common lot boundary.
Separation from Intensive Livestock Operation
5.40
No new dwelling shall be constructed with 1,000 ft (304.80 m) of an existing intensive
livestock operation. This provision shall not apply to accessory farm dwellings.
Setback for Flanking Yard
5.41
(a)
Notwithstanding anything else in this By-law, on a corner lot in any residential zone,
the minimum yard requirement for the flanking yard shall be 15 ft (4.57 m)
(as amended by File #23-21 effective May 13, 2025)
(b)
No accessory building or structure shall be permitted within the required flanking
yard.
Side Yard Waiver
5.42
Notwithstanding anything else in this By-law, where buildings on adjacent lots share a
common wall, the applicable side yard requirement will be zero along the common lot
line.
Telecommunications Towers
5.43
Telecommunications towers shall be permitted in any industrial, resource or agricultural
zone subject to the following requirements:
(a)
the minimum setback from any lot line for the tower base shall be the greater of:
(i)
the minimum yard requirement of the zone for main buildings; or
(ii)
the height of the tower plus 25 ft (7.62 m);
(b)
the tower base, accessory building and any guy wire anchors shall be enclosed by
fencing; and
(c)
the lot shall be landscaped to reduce the impact on adjacent uses.
Temporary Uses, Building and Structures Permitted
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5.44
(a)
Nothing in this By-law shall prevent the temporary use of land, buildings or
structures incidental to a construction project provided that a development permit
has been issued for the main construction project and the temporary use is
discontinued and removed within 30 days of the completion of the main
construction project.
(b)
A building or structure may be erected, or an area of land used, for a special
occasion or holiday provided that no such building or structure shall be erected
more than 10 days prior to the event or remain in place for more than 14
consecutive days after the close of the event.
(c)
Nothing in this By-law shall prevent the use of a lot containing a dwelling for a yard
sale, auction or other temporary sale of personal possessions belonging to the
occupant, provided the use does not continue for more than five days per month.
(d)
No development permit shall be required for a temporary use.
Through Lots
5.45
Notwithstanding anything else in this By-law, on a through lot, a building may be erected
facing either street and, for the purpose of determining yard standards, the front yard
standard shall apply on both streets.
Truck, Bus and Coach Bodies
5.46
No truck, bus, coach or structure of any kind other than a dwelling unit erected and used
in accordance with this and all other By-laws of the Municipality shall be used for human
habitation in excess of 60 days, whether or not same is mounted on wheels.
Utilities
5.47
Notwithstanding anything else in this By-law, public and private utilities less than 100 ft2
(9.29 m2) in floor area shall be permitted in any zone and no yard requirement shall apply.
Variance
5.48
(a)
Notwithstanding the general requirements set out for each zone in this By-law, the
Development Officer may grant a variance from one or more of the following
subject to the requirements of the Municipal Government Act:
(i)
minimum lot area and frontage;
(ii)
minimum yard dimensions;
(iii)
percentage of land that may be built upon;
(iv)
number of parking and loading spaces required;
(v)
height of a structure;
(vi)
floor area occupied by a home-based business; and
(vii) height and area of a sign.
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(b)
The Development Officer may also grant a variance in a development agreement
for the items specified in subsection (a) where the development agreement clearly
provides for the granting of a variance.
(c)
Where a variance is granted or refused, the appeal and the notice provisions of the
Municipal Government Act shall be complied with and the applicant shall pay the
Municipal Clerk the cost of notifying affected property owners.
Visibility at Street Intersections
5.49
On a corner lot, within a triangular area 20 ft (6.10 m) back from the intersecting corner
lot lines, no building, structure or vegetation of any kind shall be erected or permitted to
grow to a height greater than 2 ft (0.61 m) above the grade of the abutting streets.
Watercourses
5.50
With the exception of marine uses, structures required for water distribution or irrigation,
water and sewage treatment uses and buildings and structures necessary for the
prevention of floods, erosion or to facilitate drainage, no structure shall be located closer
than 50 ft (15.24 m) from a watercourse.
5.51
Notwithstanding anything else in this By-law, where part of an unserviced lot is within 75
ft (22.86 m) of a watercourse, the minimum lot area shall be no less than 40,000 ft2
(3,716.00 m2).
Wind Turbines
(Amended by file #24-01, effective January 24, 2025)
5.52
Small wind turbines shall be permitted subject to the following:
(a)
not more than one turbine shall be permitted per lot except where the lot is at least
2 acres (0.81 ha) in area;
(b)
turbines with towers under 50 ft (15.24 m) in height shall be permitted in any zone
provided the lot is at least 0.5 acres (0.20 ha) in area;
(c)
turbines with towers 50 ft (15.24 m) in height or greater shall be permitted only in
zones outside the Growth Centre designation provided the lot is at least 1 acre
(0.40 ha) in area;
(d)
the minimum setback from any lot line for the tower shall be the greater of:
(i)
the minimum yard requirement for a main building; or
(ii)
the height of the tower plus the distance from the top of the tower to the
highest extended tip of the rotor blades;
(e)
the minimum setback for the tower from any dwelling on the same lot shall be the
height of the tower plus the distance from the top of the tower to the highest
extended tip of the rotor blades;
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(f)
the minimum setback for the tower from any dwelling on an adjacent lot shall be
200 ft (60.96 m);
(g)
no ladder or permanent tower access device shall be located less than 12 ft (3.66
m) above grade;
(h)
there shall be no restriction on the height of the tower provided the property owner
has received Aeronautical Clearance approval from Transport Canada.
5.53
For the purposes of Section 5.52 (b) and (c), height shall be measured as the distance
above grade of the fixed portion of the tower, excluding the wind turbine itself.
Yard Requirements and Natural Hazard Areas
5.54
Where a front, rear, or side yard is required by this By-law and part of the lot is:
(a)
usually covered by water or marsh;
(b)
beyond the rim of a river bank or watercourse; or
(c)
between the top and toe of a cliff or embankment having a slope or 15 percent or
more from the horizontal;
the required yard shall be measured from the nearest main wall of the main building or
structure on the lot to the edge of the area covered by water or marsh, or to the rim of
the riverbank or watercourse, or to the top of the cliff if such edge, rim or top of cliff is
closer than the lot line.
Licensed Cannabis Uses
5.55 (a) Permit Analytical Testing and Research of cannabis in all zones as a use accessory
to any licensed cannabis use; and
(b) Require any building or structure used for a licensed cannabis land use to be located
a minimum of 250 ft (76.2 m) from an existing residential dwelling, a home for special
care and senior citizen housing building unless the building or dwelling is on the
same lot as the licensed cannabis land use.
(Amendment 18-08 effective November 26, 2019)
Secondary Suites (as amended by File #22-13 January 10, 2023)
5.56 Secondary Suites are permitted within and accessory to single and two-unit
dwellings in all zones.
5.57 In addition to all other regulations of this By-law, the following provisions shall
apply to secondary suites:
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(a)
no more than one (1) secondary suite shall be permitted per dwelling unit;
(b) A secondary suite shall be contained within or attached to or accessory to the
dwelling unit;
(c) no alterations shall change the roof line or increase the height of the existing
dwelling unit except for the addition of dormers or structures necessary for
public safety;
(d) no new entrances shall be created on the front façade of the dwelling unit;
(e) one (1) parking space shall be required for each secondary suite; and
(f) additions shall be limited to the rear yard of the dwelling unit.
(Amendment File # 20-27 effective September 14, 2021)
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6.0
DEVELOPMENT AGREEMENTS
Developments to be considered by Development Agreement
6.1
The following developments may be considered only by development agreement in
accordance with the Municipal Government Act and the Municipal Planning Strategy:
Growth Centres
(a)
high density residential development greater than three storeys in height in the
Three Mile Plains Growth Centre in accordance with Policy 5.3.8 of the Municipal
Planning Strategy (as amended by File #23-21 effective May 13, 2025);
(b)
new manufactured home parks in the Three Mile Plains and Falmouth Growth
Centres in accordance with Policy 5.3.9 of the Municipal Planning Strategy;
(c)
grouped dwellings consisting of six or more dwelling units in the Three Mile Plains
Growth Centre in accordance with Policy 5.3.10 of the Municipal Planning
Strategy;
(d)
comprehensively designed multiple residential developments containing more
than 12 units and consisting of a mix of single unit, semi-detached, duplex and
townhouse dwellings in the Falmouth Growth Centre in accordance with Policy
5.4.7 of the Municipal Planning Strategy (as amended by File #23-21 effective May 13,
2025);
(e)
grouped single and two-unit dwellings consisting of six or more units in the
Falmouth Growth Centre in accordance with Policy 5.4.5 of the Municipal Planning
Strategy;
(f)
regional shopping centres in the Commercial designation of the Three Mile Plains
or Falmouth Growth Centres in accordance with Policy 5.5.13 of the Municipal
Planning Strategy;
(g)
large format retail stores, or expansions greater than 5,000 ft2 (464.50 m2) to
existing large format retail stores, in the Joint Industrial Type Three (LI-3) zone or
within the Commercial designation of the Three Mile Plains or Falmouth Growth
Centres in accordance with Policy 5.5.15 of the Municipal Planning Strategy;
(h)
local commercial uses outside the Commercial designation of Growth Centres in
accordance with Policy 5.6.4 of the Municipal Planning Strategy;
(i)
Resource Industrial (M-1) uses in the Growth Centres in accordance with Policy
5.7.2 of the Municipal Planning Strategy;
(j)
Local Industrial (LI) uses in the Growth Centres in accordance with Policy 5.7.6 of
the Municipal Planning Strategy;
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Village
(k)
stand-alone multiple unit dwellings and grouped single, two and multiple unit
dwellings consisting of three or more units in the Village designation in accordance
with Policy 6.2.4 of the Municipal Planning Strategy; (Amendment WHLUB 16-02
Effective September 26, 2016)
(l)
General Commercial (GC) or Highway Commercial (HC) uses in the Village Core
in accordance with Policy 6.3.4 of the Municipal Planning Strategy;
(m) General Commercial (GC) or Highway Commercial (HC) uses over 5,000 ft2
(464.50 m2) in commercial floor area outside the Village Core in accordance with
Policy 6.4.3 of the Municipal Planning Strategy;
(n)
Local Industrial (LI) uses outside the Village Core in accordance with Policy 6.5.2
of the Municipal Planning Strategy;
(o)
Recreation Commercial uses outside the Village Core in accordance with Policy
6.7.1 of the Municipal Planning Strategy;
Hamlets, Agriculture and Resource
(p)
stand-alone multiple unit dwellings and grouped single, two and multiple unit
dwellings consisting of three or more units in the Hamlet designation in accordance
with Policy 7.1.3 of the Municipal Planning Strategy and in the General Resource
(GR) zone in accordance with Policy 9.1.10 of the Municipal Planning Strategy;
(Amendment WHLUB 16-02 Effective September 26, 2016)
(q)
Local Commercial (LC), Hamlet Industrial (M-2) or Rural Commercial (RC) uses in
existing non-residential buildings which exceed the commercial floor area limit in
the Hamlet and Resource designations, in accordance with Policy 4.6.1 of the
Municipal Planning Strategy; (Amendment WHLUB #22-16 effective February 14, 2023)
(r)
community service uses in the Prime Agriculture (P/Ag) zone in accordance with
Policy 8.8.6 of the Municipal Planning Strategy;
(s)
Rural Commercial (RC), Recreation Commercial (RecC), Resource Industrial (M-
1) or Open Space (OS) uses in the Agricultural Priority Two (AR-2) zone and the
Agricultural Priority Three (AR-3) zone outside the Growth Centre, Village and
Hamlet designations in accordance with Policies 8.9.4 and 8.10.5 respectively of
the Municipal Planning Strategy;
(t)
on-farm businesses in the Agricultural Priority Two (AR-2) and Agricultural Priority
Three (AR-3) zones in accordance with Policies 8.11.1 and 8.11.2 of the Municipal
Planning Strategy;
(u)
off-highway vehicle courses as on-farm businesses in the Agricultural Priority Two
(AR-2) and Agricultural Priority Three (AR-3) zones in accordance with Policy
8.11.3 of the Municipal Planning Strategy;
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(v)
off-highway vehicle courses and other Recreation Commercial uses in the General
Resource (GR) zone in accordance with Policy 9.1.7 of the Municipal Planning
Strategy;
(w)
resort development in the General Resource (GR) zone in accordance with Policy
9.1.11 of the Municipal Planning Strategy;
General
(x)
institutional uses in any designation in accordance with Policy 13.1.2 of the
Municipal Planning Strategy;
(y)
Recreation Commercial uses in any designation, except the Village Core, in
accordance with Policy 13.3.2 of the Municipal Planning Strategy;
(z)
non-conforming uses in accordance with Policy 16.8.2 of the Municipal Planning
Strategy; and
(a)
permanent or long-term installations of large wind turbines or wind farms outside
the Growth Centre, Village and Hamlet designations in accordance with Policy
4.22.4 of the Municipal Planning Strategy.
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7.0
SIGNS
General
7.1
(a)
Except where otherwise exempted in this By-law, no person shall erect a sign
without first obtaining a development permit from the Development Officer and no
development permit to erect a sign shall be issued unless all provisions of this
By-law are satisfied.
(b)
An indoor sign shall not be considered a sign for the purposes of this By-law unless
it is intended to be viewed from outside of the building.
7.2
For the purposes of this Part, a sign structure with two or more faces, such as a projecting
sign, sandwich board sign or a ground sign, shall count as one sign. Total sign area of
such a sign shall be calculated based on the area of one sign face.
Maintenance
7.3
(a)
Every sign shall be kept in good repair and working order.
(b)
If the business, service or other enterprise for which a sign is erected is no longer
in operation, the sign shall be removed by the owner within 30 days of the date the
operations cease. Removal of a sign includes the support structure or apparatus
to which it is attached.
(c)
Subsection (b) shall not apply to a seasonal enterprise that normally closes during
part of the year.
Signs Permitted in all Zones
7.4
The following signs shall be permitted in all zones and no development shall be required:
(a)
signs not more than 2 ft2 (0.18 m2) in area identifying the name and address of a
resident;
(b)
signs not more than 2 ft2 (0.18 m2) in area regulating the use of a property such as
"NO TRESPASSING";
(c)
non-illuminated real estate signs which advertise the sale, rental or lease of the
premises;
(d)
on-premise directional or traffic control signs not more than 5 ft2 (0.46 m2) in area;
(e)
signs erected by a government body or under the direction of a government body
and bearing no commercial advertising;
(f)
memorial or commemorative signs or tablets not more than 5 ft2 (0.46 m2) in area;
(g)
plaques or signs identifying donors of structures, trees or other landscaping not
more than 1 ft2 (0.09 m2) in area;
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(h)
the flag, pennant or insignia of any government, religious (including churches),
charitable, or fraternal organization, not more than 40 ft2 (3.72 m2) in area;
(i)
temporary election signs; and
(j)
one temporary sign not more than 50 ft2 (4.64 m2) in area incidental to a
construction project taking place on the property.
Signs Prohibited in all Zones
7.5
The following signs are not permitted in any zone:
(a)
signs that incorporate flashing illumination or moving parts;
(b)
any signs or sign structures that are or could be a safety hazard;
(c)
any signs that obstruct or detract from the visibility or effectiveness of any traffic
sign or control device;
(d)
any signs that obstruct free egress from any fire exit door, window, or other
required exit way;
(e)
signs not erected by a public authority that make use of words such as 'STOP',
'LOOK', 'ONE WAY', 'DANGER', 'YIELD', or any similar word, phrase, symbol, light,
or character in such a manner as to mislead or confuse the traffic along a street;
(f)
any signs erected upon a public property or a public right-or-way unless erected
by a public authority or authorized by a public authority; and
(g)
commercial signs painted on, attached to or supported by a tree, stone, cliff or
other natural object.
Facial Wall Signs
7.6
Facial wall signs shall not extend above or beyond the extremities of the wall upon which
they are attached.
Projecting Walls Signs
7.7
Projecting wall signs shall not:
(a)
project further than 6 ft (1.83 m) from the wall to which they are affixed;
(b)
project above the eaves, parapet or roof line of the wall to which they are affixed;
(c)
swing freely on their supports; and
(d)
be erected lower than 10 ft (3.05 m) and higher than 15 ft (4.57 m) above the
ground.
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Ground Signs
7.8
Ground signs shall be set back a minimum of 5 ft (1.52 m) from any street line, common
lot boundary, driveway, aisle or parking area.
7.9
Where a property in a Highway Commercial (HC), Light Industrial (LI-1) or Joint Industrial
(LI-2, LI-3) zone is occupied by more than one business, one ground sign permitted
under Section 7.14 advertising the different businesses located on the property may
exceed the maximum sign area requirements up to a maximum sign area of 125 ft2 (11.61
m2) where the sign is 10 to 35 ft (3.05 - 10.67 m) in height.
Roof Signs
7.10
Roof signs shall not:
(a)
extend more than 6 ft (1.83 m) above the highest part of the roof; or
(b)
extend beyond the extremities of the walls to which the roof connects.
Canopies or Awnings
7.11
In addition to the signs permitted in Section 7.14, signs incorporated in a canopy or awning
shall be permitted in commercial and industrial zones provided the canopy/awning is
placed at least 9 ft (2.74 m) above grade.
Mobile Signs
7.12
Mobile signs shall be considered ground signs and all provisions of this by-law related to
ground signs shall apply except that:
(a)
no mobile signs shall be permitted in the Local Commercial (LC) or Local Industrial
(LI) zones; and
(b)
no mobile sign shall exceed 25 ft2 (2.32 m2) in area.
Signs in Sports Fields and Outdoor Arenas
7.13
Notwithstanding the number limitation in Section 7.14, any number of sponsorship signs
may be erected in a sports field or outdoor arena provided the signs are intended for view
from within the sports field or outdoor arena.
33 | P a g e
Sign Restrictions by Zone
7.14
No development permit shall be issued except in conformity with the following:
Zone
(i) LC, LI
(ii) GC and HC
(iii) LI-1, LI-2 and LI-3
(iv) IS and OS
(v) all other zones
(a) Maximum Number/Area of
Signs
1 non-illuminated facial wall
sign or 1 projecting sign per
business premises or 1 roof
sign
combined area of all signs
shall not exceed 3 ft2 (0.28
m2) for every 1 ft (0.30 m) of
lot frontage
combined area of all signs
shall not exceed 3 ft2 (0.28
m2) for every 1 ft (0.30 m) of
lot frontage
1 identification sign not more
than 3 ft2 (0.28 m2) in area; 1
other sign; and unlimited
interpretive signage. On any
sign, commercial advertising or
sponsorship shall not exceed 1
ft2 (0.09 m2).
total of 2 signs per business
premises
Facial Wall Signs
(b) Maximum Number
see (a)(i) above
see(a)(ii) above
see (a)(iii) above
see (a)(iv) above
1 sign per business premises
(c) Maximum Sign Area
20 ft2 (1.86 m2)
15% of the area of the wall
to which it is attached
15% of the area of the wall
to which it is attached
20 ft2 (1.86 m2), excluding
interpretive signage
15% of the area of the wall to
which it is attached
Roof Signs
(d) Maximum Number
1 sign per business premises
1 sign per business
premises
1 sign per business
premises
N/A
N/A
(e) Maximum Sign Area
1 ft2 (0.09 m2) for every 1 ft (0.3
m) of roof length up to 100 ft2
(9.29 m2)
1 ft2 (0.09 m2) for every 1 ft
(0.3 m) of roof length up to
100 ft2 (9.29 m2)
1 ft2 (0.09 m2) for every 1 ft
(0.3 m) of roof length up to
100 ft2 (9.29 m2)
N/A
N/A
Projecting Signs
(f) Maximum Number
see above
see above
see above
see above
1 sign per business premises
(g) Maximum Sign Area
20 ft2 (1.89 m2)
30 ft2 (2.79 m2)
30 ft2 (2.79 m2)
30 ft2 (2.79 m2)
30 ft2 (2.79 m2)
Ground Signs
(h) Maximum Number
N/A
1 sign for every 50 ft (15.24
m) of road frontage up to 3
signs
1 sign for every 50 ft (15.24
m) of road frontage up to 3
signs
see above
1 sign per business premises
(i) Maximum Height
N/A
35 ft (10.67 m)
35 ft (10.67 m)
10 ft (3.05 m)
35 ft (10.67 m)
(j) Maximum Sign Area
N/A
50 ft2 (4.64 m2)
50 ft2 (4.64 m2)
25 ft2 (2.32 m2), excluding
interpretive signage
50 ft2 (4.64 m2)
Land Use By-law
34 | P a g e
8.0
LOW DENSITY RESIDENTIAL (R-1)
(as amended by File #23-21 effective May 13, 2025)
Permitted Uses
8.1
The following uses shall be permitted in the Low Density Residential (R-1) zone (as
amended by File #23-21 effective May 13, 2025):
-
Dwellings containing up to 4 units
-
Manufactured homes in the Three Mile Plains Growth Centre and Brooklyn
R-1 Zone General Requirements
8.2 (a) In the R-1 zone, no development permit shall be issued except in conformity with the
following (as amended by File #23-21 effective May 13, 2025):
Single Unit Dwelling, Dwelling with two or more units, manufactured
homes
Service type
With municipal services
With on-site services*
Minimum lot area
5005 ft2 (465 m2)
29,000 ft2 (2,694.10 m2)
Minimum lot
frontage
50 ft (15.24 m)
100 ft (36.58 m)
Minimum front yard
15 ft (4.57 m)
Minimum rear yard
20 ft (6.1 m)
Minimum side yard
6 ft (1.83 m)
Maximum height of
main building
35 ft (10.67 m)
Maximum height of
accessory building
20 ft (6.10 m)
Maximum Lot
Coverage
50%
* Subject to Nova Scotia Department of Environment & Labour Requirements
(b) A development permit shall not be issued for a new residential dwelling of three or more
units in the R-1 zone where the proposed development is not serviced with Municipal water and
sewer (as amended by File #23-21 effective May 13, 2025)
(c) Exception for PID 45190386 and 45366457- Notwithstanding Section 8.2 (a), the lot
specifications for PID 45190386 and 45366457 (owned by J.D. Irving Limited in 2022) shall be:
Minimum lot area
4,000 ft2 (371.60 m2)
5,000 ft2 (464.5 m2) for corner lots
Minimum lot frontage
40 ft (12.19 m)
Minimum front yard
15 ft (4.57 m)
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35 | P a g e
Minimum flankage yard
15 ft (4.57 m)
Minimum rear yard
25 ft (7.62 m)
Minimum side yard
4 ft (1.22 m)
Maximum height of main building
35 ft (10.67 m)
Maximum height of accessory building
15 ft (4.57 m)
(amendment 22-17 effective December 13, 2022)
Converted Dwellings - Special Requirements
(as amended by File #23-21 effective May 13, 2025)
8.3
In addition to all other regulations, the following provisions shall apply to converted
dwellings in the R-1 zone:
(a) a converted building shall be limited to a maximum of four dwelling units;
(b) no alterations shall change the roof line or increase the height of the existing dwelling
except for the addition of dormers or structures necessary for public safety;
(c) no alteration shall be undertaken which will extend into the front or side yard of the
lot;
(d) lot coverage of the entire structure shall be limited to 50 percent; and
(e) parking shall be provided as required in section 5.31 in the side or rear yard of the
lot.
Subdivision of Semi-detached and Townhouse Units
(as amended by File #23-21 effective May 13, 2025)
8.4
Notwithstanding the specifications in 8.2, semi-detached and townhouse dwellings
located on an approved water and sewer serviced lot may be subdivided into lots
provided each dwelling unit has separate service connections and provided all applicable
provisions of the West Hants Subdivision By-law and this By-law are met. No side yard
shall be required along the common lot boundary dividing a semi-detached or townhouse
dwelling, and the following reduced specifications apply:
Semi-detached Dwelling
Townhouse Dwelling
Minimum Lot Area
2500 ft2 (232.26 m2) / unit
2000 ft2 (185.8 m2) / unit
Minimum Lot Frontage
25 ft (7.62 m) / unit
20 ft (6.1 m) / unit
Minimum Side Yard
6 ft (1.83 m) for one side and zero
along the common wall
6 ft (1.83m) for one side of the
end unit and zero for the other
side of the end units or interior
units
Land Use By-law
36 | P a g e
9.0 MEDIUM DENSITY RESIDENTIAL (R-2)
(as amended by File #23-21 effective May 13, 2025)
Permitted Uses
9.1
The following uses shall be permitted in the Medium Density Residential (R-2) zone:
(as amended by File #23-21 effective May 13, 2025)
-
Dwellings containing 5 or 6 units
-
Uses permitted in the R-1 zone subject to the R-1 zone requirements
R-2 Zone General Requirements
9.2 (a) In the R-2 zone, no development permit shall be issued except in conformity with the
following (as amended by File #23-21 effective May 13, 2025):
Dwellings with 5 or 6 units
Service type
with municipal services
Minimum lot area
6,500 ft2 (603.87 m2)
Minimum lot frontage
82 ft (25 m)
Minimum front yard
15 ft (4.57 m)
Minimum rear yard
25 ft (7.62 m)
Minimum side yard
10 ft (3.05 m)
Max. height of main
building
35 ft (10.67 m)*
Max. height of
accessory building
20 ft (6.1 m)
Maximum lot coverage
50%*
* Bonus zoning subject to 9.6
(b) Exception for PID 45190386 and 45366457 - Notwithstanding Section 9.2 (a), the lot
specifications for PID 45190386 and 45366457 (owned by J.D. Irving Limited in 2022) shall be:
Minimum lot area
2,000 ft2 (185.80 m2) / unit
3,000 ft2 (278.7 m2) / unit for corner lots
Minimum lot frontage
20 ft (6.1 m) / unit
Minimum front yard
15 ft (4.57 m)
Minimum flankage yard
15 ft (4.57 m)
Land Use By-law
37 | P a g e
Minimum rear yard
25 ft (7.62 m)
Minimum side yard
4 ft (1.22 m)
Maximum height of main building
35 ft (10.67 m)
Maximum height of accessory building
15 ft (4.57 m)
(amendment 22-17 effective December 13, 2022)
Subdivision of Townhouse Units
(as amended by File #23-21 effective May 13, 2025)
9.3
A lot containing a townhouse dwelling shall comply with Section 8.4.
Landscaping
(as amended by File #23-21 effective May 13, 2025)
9.4
In the case of a building containing more than four units, outdoor parking and service
areas shall be screened from the street and adjacent residential properties through the
use of a landscaping or opaque fencing.
Recreational Space
(as amended by File #23-21 effective May 13, 2025)
9.5
Notwithstanding anything else in this By-law, no development permit shall be issued for
a dwelling with more than four units unless useable space for recreational uses is
provided on the same lot according to the following schedule:
(a) bachelor unit - 150 ft2 (13.94 m2) per unit
(b) 1 bedroom unit - 200 ft2 (18.58 m2) per unit
(c) 2 bedroom unit - 250 ft2 (23.22 m2) per unit
(d) 3 bedroom unit - 270 ft2 (25.08 m2) per unit
(e) 4 bedroom unit - 400 ft2 (37.16 m2) per unit
Bonus Zoning for Affordable Housing Units
(as amended by File #23-21 effective May 13, 2025)
9.6
Notwithstanding Section 9.2, the following bonus zoning shall be permitted if the proposal
provides a minimum of five dwelling units that meet the definition of Affordable Housing
Unit under this By-law, by way of subsidization through written agreement between the
applicant and the Province and/or Federal Government(s) for a specified period of time:
(a) Maximum number of dwelling units: increased by up to 35%; and
(b) Lot coverage: increased to a maximum of 60%.
Land Use By-law
38 | P a g e
10.0 HIGH DENSITY RESIDENTIAL (R-3)
(as amended by File #23-21 effective May 13, 2025)
Permitted Uses
(as amended by File #23-21 effective May 13, 2025)
10.1
The following uses shall be permitted in the High Density Residential (R-3) zone:
- Dwellings with more than six and to a maximum twelve units;
- Boarding or rooming houses;
- Residential care facilities providing care for five or fewer persons; and
- Uses permitted in the R-1 and R-2 zone subject to the R-1 and R-2 zone
requirements, with side yard requirements in accordance with Sections 10.2.
R-3 Zone General Requirements
(as amended by File #23-21 effective May 13, 2025)
10.2
(a) In the R-3 zone, no development permit shall be issued except in conformity with the
following:
Dwellings with more than 6 units,
Boarding Houses,
Residential Care Facilities
Minimum lot area
9,000 ft2 (836.13 m2)
Minimum lot frontage
100 ft (30.48 m)
Minimum front yard
20 ft (6.1 m)
Minimum rear yard
20 ft (6.1 m)
Minimum side yard
10 ft (3.05 m)
Maximum height of
main building
35 ft (10.67 m)*
Maximum height of
accessory building
20 ft (6.1 m)
Maximum lot coverage
40%*
*Bonus zoning subject to 10.6
(b) A development permit shall not be issued for a new residential dwelling of six or
more units in the R-3 zone where the proposed development is not serviced with
Municipal water and sewer.
Landscaping
(as amended by File #23-21 effective May 13, 2025)
10.3
Landscaping shall be provided as required in Section 9.4
Land Use By-law
39 | P a g e
Recreational Space
(as amended by File #23-21 effective May 13, 2025)
10.4
Recreational space shall be provided as required in Section 9.5.
Subdivision of Townhouse Units
(as amended by File #23-21 effective May 13, 2025)
10.5
A lot containing townhouse dwelling shall comply with Section 8.4.
Bonus Zoning for Affordable Housing Units
(as amended by File #23-21 effective May 13, 2025)
10.6
Notwithstanding the Section 10.2, the following bonus zoning shall be permitted if the
proposal provides a minimum of five dwelling units that meet the definition of Affordable
Housing Unit under this By-law, by way of subsidization through written agreement
between the applicant and the Province and/or Federal Government(s) for a specified
period of time:
(a)
Height of the main building: increased to a maximum of 4 storeys (45 feet);
(b)
Maximum number of dwelling units: increased by up to 40%; and
(c)
Lot coverage: increased to a maximum of 50%.
Land Use By-law
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11.0 RURAL RESIDENTIAL (R-4)
Permitted Uses
11.1
The following uses shall be permitted in the Rural Residential (R-4) zone:
-
Existing churches, community centres, fire halls, schools and post offices
-
Manufactured homes
-
Seasonal dwellings subject to the GR zone requirements
-
Single and two-unit dwellings
-
Former churches to include up to 5 residential units (amendment #23-34 - effective May
21, 2024)
R-4 Zone General Requirements
11.2
In the R-4 zone, no development permit shall be issued except in conformity with the
following:
Single unit and
seasonal
dwellings,
manufactured
homes
Two units
Other uses
Minimum lot area
29,000 ft2
(2,694.10 m2)
29,000 ft2
(2,694.10 m2)/unit
40,000 ft2
(3,716.00 m2)
Minimum lot frontage
100 ft (30.48 m)
100 ft (30.48
m)/unit
100 ft (30.48 m)
Minimum front yard
25 ft (7.62 m)
Minimum rear yard
25 ft (7.62 m)
Minimum side yard
one side
6 ft (1.83 m)
other side
10 ft (3.05 m)
Maximum height of main building
35 ft (10.67 m)
11.3
When a church is repurposed, the majority of the building form shall be maintained, with
opportunity for alternate window and door alterations and architecturally compatible
expansions to accommodate up to 5 residential units. (amendment #23-34 - effective May 21,
2024)
Land Use By-law
41 | P a g e
12.0 MANUFACTURED HOME PARK (MHP)
Permitted Uses
12.1
The following uses shall be permitted in the Manufactured Home Park (MHP) zone:
-
Manufactured homes
-
Manufactured home park offices and uses accessory to the operation of a
manufactured home park
-
Existing single unit dwellings
Single unit and
seasonal
dwellings,
manufactured
homes
Two units
Other uses
Minimum lot area
29,000 ft2
(2,694.10 m2)
29,000 ft2
(2,694.10 m2)/unit
40,000 ft2
(3,716.00 m2)
Minimum lot frontage
100 ft (30.48 m)
100 ft (30.48
m)/unit
100 ft (30.48 m)
Minimum front yard
25 ft (7.62 m)
Minimum rear yard
25 ft (7.62 m)
Minimum side yard
one side
6 ft (1.83 m)
other side
10 ft (3.05 m)
Maximum height of main building
35 ft (10.67 m)
Manufactured Home Space Requirements
12.3
Each manufactured home space within a manufactured home park shall be clearly and
permanently marked on the ground in accordance with the following requirements:
Minimum area
4,000 ft2 (371.60 m2)
Minimum frontage
40 ft (12.19 m)
12.4
Each manufactured home shall be sited on a manufactured home space in accordance
with the following:
Minimum front yard
10 ft (3.05 m)
Minimum rear yard
15 ft (4.57 m)
Minimum side yard
one side
6 ft (1.83 m)
other side
4 ft (1.22 m)
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42 | P a g e
12.5
Notwithstanding Sections 12.1 and 12.4, the minimum distance between manufactured
homes, excluding porches, shall be 20 ft (6.10 m) and no manufactured home shall be
placed within 30 ft (9.14 m) of an external lot line or public street.
Parking
12.6
In addition to the parking required by Section 5.31, one additional parking space shall be
provided for eight manufactured home spaces.
Recreational Space
12.7
Not less than five percent of the total area of the manufactured home park shall be set
aside for parks, playgrounds and other useable recreational space.
12.8
Where the developer provides formal recreational space such as, but not limited to,
tennis courts, lawn bowling greens, putting greens and indoor recreational uses such as
community or recreation centres, it shall be counted as double its actual area for the
purpose of calculating the five percent recreational space required by Section 12.7.
Land Use By-law
43 | P a g e
13.0 GENERAL COMMERCIAL (GC)
Permitted Uses
13.1
The following uses shall be permitted in the General Commercial (GC) zone:
-
Arts and crafts studios including photography
-
Banks and financial institutions
-
Clubs and community organizations
-
Commercial schools
-
Country inns
-
Day care centres, licensed or non-licensed
-
Entertainment, recreation and assembly uses within a wholly enclosed building
-
Farm markets
-
Garden and nursery sales and supplies
-
Licensed liquor establishments
-
Local shopping centres containing uses permitted in the GC zone
-
Offices
-
Parking structures
-
Post offices and postal outlets
-
Repair and rental establishments
-
Residential uses in the same building as the commercial use, subject to Section
13.6
-
Restaurants, excluding drive-through restaurants
-
Retail stores
-
Service and personal service shops
-
Single unit dwellings or mini homes on existing vacant lots under 10,000 ft2 in area,
subject to the R-1 zone requirements. (Amendment GC2LUB 11-01 Effective June 23,
2011)
-
Veterinary clinics and animal hospitals
-
Existing residential uses
GC Zone General Requirements
13.2
In the GC zone, no development permit shall be issued except in conformity with the
following:
with municipal services
with on-site services
Minimum lot area
10,000 ft2 (929.00 m2)
29,000 ft2 (2,694.10 m2)
Minimum lot frontage
100 ft (30.48 m)
100 ft (30.48 m)
Minimum front yard
25 ft (7.62 m)
Minimum rear yard
25 ft (7.62 m)
Minimum side yard
15 ft (4.57 m)
Maximum height of main building
35 ft (10.67 m)
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44 | P a g e
Abutting Zone Requirements
13.3
Where a GC zone abuts a lot in a residential zone, the following standards apply:
(a)
the minimum side yard requirement for the commercial use from the abutting lot
line shall be 20 ft (6.10 m); and
(b)
the part of the commercial lot directly adjoining the residential zone shall be used
for no purpose other than a planting strip having a minimum width of 5 ft (1.52 m)
measured perpendicular to the lot line.
Open Storage
13.4
No open storage shall be permitted in the GC zone.
Lot Access
13.5
Entrance to and exit from properties zoned GC shall be restricted to not more than two
driveways on any street or road. On a corner lot, access shall be restricted to not more
than three driveways to the lot. Driveways shall meet Nova Scotia Department of
Transportation and Public Works' requirements for commercial access.
Residential Uses
13.6
Residential uses as part of the same building as commercial use are permitted provided
the total floor area of the residential use does not exceed two-thirds (66 percent) of the
total floor area of the building.
Maximum Commercial Floor Area in Village Designation
13.7
The maximum commercial floor area of a GC use in the Village designation shall not
exceed 5,000 ft2 (464.50 m2). This restriction shall not apply to existing uses zoned
General Commercial. New GC uses with a commercial floor area greater than 5,000 ft2
(464.50 m2) in the Village may be considered by development agreement pursuant to
Policies 6.3.4 and 6.4.3 of the Municipal Planning Strategy.
Land Use By-law
45 | P a g e
14.0 HIGHWAY COMMERCIAL (HC)
Permitted Uses
14.1
The following uses shall be permitted in the Highway Commercial (HC) zone:
-
Arts and crafts studios including photography
-
Automobile service stations, car washes and repair centres
-
Automobile, truck and motorcycle sales, service or rental establishments
-
Building supply establishments
-
Day care centres, licensed or non-licensed
-
Dry cleaning and laundry establishments
-
Entertainment, recreation and assembly uses within a wholly enclosed building
-
Farm supplies and equipment sales and service
-
Farm markets
-
Fire Station on PIDs 45003878 and 45222957 (Amendment GC2LUB 15-01 Effective
October 19, 2015)
-
Funeral homes
-
Garden and nursery sales and supplies
-
Heavy equipment sales and service
-
Hotels, motels and other tourist accommodations
-
Kennels
-
Licensed liquor establishments
-
Local shopping centres
-
Manufactured home sales
-
Offices (Amendment WHLUB 14-01 Effective January 22, 2015)
-
Post offices and postal outlets
-
Recreational vehicle sales, service and rental establishments
-
Recycling depots
-
Repair and rental establishments
-
Residential uses in the same building as the commercial use, subject to Section
14.5
-
Restaurants, including drive-through and take-out establishments
-
Retail stores
-
Self Storage Operations (Amendment GC1LUB 11-01 Effective October 7, 2011)
-
Service and personal service shops
-
Taxi, train and bus stations
-
Veterinary clinics and animal hospitals
-
Wholesaling and wholesale sales
-
Existing residential uses
HC Zone General Requirements
14.2
In the HC zone, no development permit shall be issued except in conformity with the
following:
with municipal services
with on-site services
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46 | P a g e
Minimum lot area
20,000 ft2 (1858.00 m2)
29,000 ft2 (2,694.10 m2)
Minimum lot frontage
100 ft (30.48 m)
Minimum front yard
25 ft (7.62 m)
Minimum rear yard
25 ft (7.62 m)
Minimum side yard
15 ft (4.57 m)
Maximum height of main building
35 ft (10.67 m)
Abutting Zone Requirements
14.3
Where a HC zone abuts a lot in a residential zone, the following standards apply:
(a)
the minimum side yard requirement for the commercial use from the abutting lot
line shall be 20 ft (6.10 m);
(b)
no open storage or outdoor display shall be permitted in an abutting yard; and
(c)
the part of the commercial lot directly adjoining the residential zone shall be used
for no purpose other than a planting strip having a minimum width of 5 ft (1.52 m)
measured perpendicular to the lot line.
Access
14.4 Entrance to and exit from properties zoned HC shall be restricted to not more than two
driveways on any street or road. On a corner lot, access shall be restricted to not more
than three driveways to the lot. Driveways shall meet Nova Scotia Department of
Transportation and Public Works' requirements for commercial access. (Amendment WHLUB
14-01 Effective January 22, 2015)
Residential Uses
14.5
Residential uses as part of the main building as commercial use are permitted provided
the total floor area of the residential use does not exceed two-thirds (66 percent) of the
total floor area of the building.
Maximum Commercial Floor Area in Village Designation
14.6
The maximum commercial floor area of HC uses in the Village designation shall not
exceed 5,000 ft2 (464.50 m2). This restriction shall not apply to existing uses zoned
Highway Commercial. New HC uses with a commercial floor area greater than 5,000 ft2
(464.50 m2) may be considered by development agreement pursuant to Policies 6.3.4
and 6.4.3 of the Municipal Planning Strategy.
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15.0 LOCAL COMMERCIAL (LC)
Permitted Uses
15.1
The following uses shall be permitted in the Local Commercial (LC) zone:
-
Arts, crafts, gifts and antique shops
-
Clubs
-
Convenience stores
-
Country inns with fewer than 10 rooms
-
Florists
-
Day care centres, licensed or non-licensed
-
Offices
-
One dwelling unit in conjunction with a permitted commercial use, either located in
the same building or as a single unit dwelling on the same lot
-
Personal service shops
-
Restaurants, excluding drive-through restaurants
-
Uses permitted in the R-1 zone subject to the R-1 zone requirements
LC Zone General Requirements
15.2
In the LC zone, no development permit shall be issued except in conformity with the
following:
with municipal services
with on-site services
Minimum lot area
7,000 ft2 (650.30 m2)
29,000 ft2 (2,694.10 m2)
Minimum lot frontage
70 ft (21.34 m)
100 ft (30.48 m)
Minimum front yard
25 ft (7.62 m)
Minimum rear yard
25 ft (7.62 m)
Minimum side yard
one side
8 ft (2.44 m)
other side
15 ft (4.57 m)
Maximum height of main building
35 ft (10.67 m)
Maximum Commercial Floor Area
15.3
With the exception of country inns, the commercial floor area for a business in the LC
zone shall not exceed 1,000 ft2 (92.90 m2).
Abutting
15.4
Where a LC zone abuts a lot in a residential zone, the minimum side yard requirement
for the commercial use from the abutting lot line shall be 20 ft (6.10 m).
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48 | P a g e
Open Storage and Outdoor Display
15.5
No open storage or outdoor display shall be permitted in the LC zone.
Lot Access
15.6
Entrance to and exit from properties zoned LC shall be restricted to not more than two
driveways on any street or road. On a corner lot, access shall be restricted to not more
than three driveways to the lot. Driveways shall meet Nova Scotia Department of
Transportation and Public Works= requirements for commercial access.
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16.0 RURAL COMMERCIAL (RC)
Permitted Uses
16.1
The following uses shall be permitted in the Rural Commercial (RC) zone:
-
Automobile service stations
-
Arts and craft studios (WHLUB Amendment 21-12 Effective November 18, 2021)
-
Banks and financial institutions
-
Clubs
-
Day care centres, licensed or non-licensed
-
Farm supplies and equipment sales and service
-
Farm markets
-
Funeral homes
-
Garden and nursery production, sales and supplies
-
Hotels, motels and other tourist accommodations, but does not include
campgrounds
-
Kennels
-
Licensed Cannabis Nurseries (Amendment 18-08 effective November 26, 2019)
-
Offices
-
One dwelling unit in conjunction with a permitted commercial use, located either in
the same building or as a single unit dwelling on the same lot
-
Personal service shops
-
Post offices and postal outlets
-
Restaurants
-
Retail stores
-
Existing dwellings
RC Zone General Requirements
16.2
In the Rural Commercial (RC) zone, no development permit shall be issued except in
conformity with the following:
Minimum lot area
40,000 ft2 (3,716.00 m2)
Minimum lot frontage
150 ft (45.72 m)
Minimum front yard
25 ft (7.62 m)
Minimum rear yard
25 ft (7.62 m)
Minimum side yard
15 ft (4.57 m)
Maximum height of main building
35 ft (10.67 m)
Maximum Commercial Floor Area
16.3
The commercial floor area for a business in the RC zone shall not exceed 5,000 ft2
(464.50 m2). This requirement shall not apply to automobile service stations, clubs, farm
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equipment sales and service, garden and nursery production, and hotels, motels and
other tourist accommodations.
Abutting Use Requirements
16.4
Where any commercial use permitted in the Rural Commercial (RC) zone is developed
on a lot which abuts a lot with a residential use, the following standards shall apply:
(a)
the minimum side yard requirement for the commercial use from the abutting lot
line shall be 20 ft (6.10 m);
(b)
no open storage or outdoor display shall be permitted in an abutting side yard; and
(c)
the part of the commercial lot directly adjoining the lot with the residential use shall
be used for no purpose other than a planting strip having a minimum of 5 ft (1.52
m) measured perpendicular to the lot line. (Amendment WHLUB 20-01 Effective October
14, 2020)
Lot Access
16.5
Entrance to and exit from properties zoned RC shall be restricted to not more than two
driveways on any street or road. On a corner lot, access shall be restricted to not more
than three driveways to the lot. Driveways shall meet Nova Scotia Department of
Transportation and Public Works= requirements for commercial access.
Uses That Involve Flammable Goods
16.6
any automobile service station or farm supplies and equipment sales and service
business will be required to:
(i)
have access to a minimum of two (2) exit routes for the lot. These may be either
public or private roads or rights-of-way, and must be constructed to a standard
approved by the appropriate authority for emergency access; and
(ii)
provide evidence of a water supply that meets the local Fire Department
requirements.
(Amendment 19-01 Effective October 30, 2019)
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17.0 RECREATION COMMERCIAL (RecC)
Permitted Uses
17.1
The following uses shall be permitted in the Recreation Commercial (RecC) zone:
-
Campgrounds
-
Driving ranges
-
Golf courses and club houses
-
Single unit dwellings
-
Ski lodges and facilities
-
Tennis courts and club houses
RecC zone General Requirements
17.2
In the RecC zone, no development permit shall be issued except in conformity with the
following:
Minimum lot area
40,000 ft2 (3,716.00 m2)
Minimum lot frontage
200 ft (60.96 m)
Minimum front yard
30 ft (9.14 m)
Minimum rear yard
30 ft (9.14 m)
Minimum side yard
30 ft (9.14 m)
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18.0 GENERAL PROVISIONS FOR AGRICULTURAL AND RESOURCE
USES
Dwellings Accessory to an Agricultural Operation
18.1
More than one dwelling shall be permitted on a lot in an agricultural zone where such
dwellings are accessory to an ongoing agricultural operation. Such dwellings shall be
permitted only for the use of a farm employee, an owner of the farm property or a family
member directly involved in the farm operation.
Dwellings - Separation from Intensive Livestock Operation
18.2
No new dwelling shall be constructed within 1,000 ft (304.80 m) of an existing intensive
livestock operation. This provision shall not apply to accessary farm dwellings.
Intensive Livestock Operations
18.3
No building or structure housing an intensive livestock operation, manure storage facility
for an intensive livestock operation, burial site or incinerator for the disposal of dead
animals shall be located within:
(a)
1,000 ft (304.80 m) of a non-farm residential, commercial or institutional building;
(b)
200 ft (60.96 m) of an adjacent property, other than another livestock farm or
another property that is part of the farm under consideration in which case the
distance shall be 40 ft (12.19 m);
(c)
150 ft (45.72 m) of a public street or private road; or
(d)
300 ft (91.44 m) of a water well or watercourse.
18.4
Nothing in this By-law shall prevent the expansion of an existing intensive livestock
operation, including the construction of new barns or manure storage facilities, provided
the yard and separation distance requirements of this By-law are met or such expansion
does not further reduce any yards or separation distances that do not conform.
18.5
The separation distances set out in Section 18.3 may be reduced to allow for the
expansion or upgrade of an existing intensive livestock operation or the establishment of
a new intensive livestock operation, including the construction of new barns or manure
storage facilities, provided that:
(a)
the total number of livestock involved in the operation does not exceed the
equivalent of 300 animal units;
(b)
the applicant has submitted an environmental site assessment and plans, signed
and sealed by a qualified professional specializing in agricultural engineering in
accordance with the Engineering Profession Act, which show there is no pollution
risk associated with the project, manure management and storage capacity are
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adequate for the current and proposed size and type of operation, and
contaminated runoff is eliminated or properly contained; and
(c)
following construction, the applicant provides a certificate from a professional
engineer which shows that construction has been completed in accordance with
the plans submitted under subsection (b).
Non-Intensive Livestock Operations
18.6
No building or structure housing a non-intensive livestock operation on a lot greater than
one (1) acre shall be located within:
(a) 50 ft (15.24 m) of an adjoining property in the Growth Centre, Village or Hamlet
designations;
(b) 40 ft (12.19 m) of an adjoining property in a resource designation;
(c) 40 ft (12.19 m) of a public street or private road; and
(d) 100 ft (30.48 m) of a water well or watercourse
(Amendment 17-01 WHLUB Effective April 3, 2019)
18.7 Manure storage for a non-intensive livestock operation on a lot greater than one (1) acre
shall not be located within:
(a) 100 ft (30.48 m) of an adjoining residential, commercial or institutional property
unless contained in a concrete or wooden enclosure a minimum of 5 ft (1.52 m) in
height and built on a concrete pad, in which case the separation distance may be
reduced to 50 ft (15.24 m);
(b) 40 ft (12.19 m) of an adjoining resource property; and
(c) 100 ft (30.48 m) of a water well or watercourse.
(Amendment 17-01 WHLUB Effective April 3, 2019)
18.8
Any structure containing livestock on a lot less than one (1) acre shall be considered an
accessory building and shall meet the requirements of Section 5.1 of this By-law.
(Amendment 17-01 WHLUB Effective April 3, 2019)
Main Buildings
18.9
More than one building may be permitted on a lot in an agricultural zone except where
the main building is a residential dwelling.
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Separation Distance for Agricultural Support and Forestry Uses
18.10
Notwithstanding any other provisions of this By-law:
(a)
with the exception of licensed cannabis land uses, the main building(s) of
agricultural support uses or forestry and forestry related uses shall be located at
least 500 ft (152.40 m) from any adjacent non-farm residential, commercial or
institutional building; and
(b)
the main building(s) of any licensed cannabis land uses shall be located at least
250 ft (76.2 m) from an existing residential dwelling, a home for special care and
senior citizen housing building unless the building or dwelling is on the same lot as
the licensed cannabis land use.
(Amendment 18-08 effective November 26, 2019)
Special Requirements - Farm Sales Outlets, Riding Stables
18.11
Accessory agricultural uses of a commercial nature such as farm sales outlets, riding
stables, maple syrup camps or other similar uses that are open to the public and generate
customer traffic shall provide:
(a)
a driveway meeting Nova Scotia Department of Transportation and Public Works'
requirements for commercial access; and
(b)
adequate on-site parking in accordance with the requirements of Section 5.31.
Topsoil Removal Prohibited
18.12
The removal of topsoil shall be prohibited from lots in an agricultural zone except where
incidental to an agricultural use or to excavation associated with the construction of
permitted buildings or infrastructure.
Uses Not Requiring a Permit
18.13
Agricultural, forestry or mineral uses without buildings are permitted without a
development permit; however, the erection of any structure requires a development
permit.
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19.0 PRIME AGRICULTURE (P/Ag) ZONE
Permitted Uses
19.1
The following uses shall be permitted in the P/Ag zone:
-
Agricultural uses
-
Existing churches and community halls
-
Existing dwellings
-
Forestry and forestry related activities
-
Indoor storage facilities accessory to an agricultural use subject to Section 5.19
(Amendment 18-03 Effective December 25, 2018)
-
Single unit dwellings accessory to an ongoing agricultural operation
P/Ag Zone General Requirements
19.2
In the P/Ag zone, no development permit shall be issued except in conformity with the
following:
Minimum lot area
25 acres (10.12 ha)
Minimum lot frontage
200 ft (60.96 m)
Minimum front yard
40 ft (12.19 m)
Minimum rear yard
40 ft (12.19 m)
Minimum side yard
40 ft (12.19 m)
Agricultural and
Forestry uses
Dwellings, Other uses
Maximum height of main building
55 ft (16.76 m)
35 ft (10.67 m)
Maximum height of accessory building
55 ft (16.76 m)
-
Agricultural Operations
19.3
Notwithstanding Section 19.2, the minimum lot area for an agricultural operation,
excluding an accessory residential dwelling, shall be 5 acres (2.02 ha); the remainder lot
shall be a minimum of 25 acres (10.12 ha) in area.
Development on Existing Undersized Lots
19.4
Notwithstanding Sections 19.1 and 19.2, one single unit dwelling as a main use may be
permitted on a lot existing as of April 11, 1989 which is 6 acres (2.43 ha) or less in size
provided all other requirements are met.
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Limitation on Subdivision
19.5
Pursuant to Section 17(d) of the West Hants Subdivision By-law, all lots to be approved
in the P/Ag zone shall abut an existing public street or meet the requirements for lots
with less than the required frontage (s. 279 Municipal Government Act variance, water
frontage, right-of-way, encroachments, main buildings prior to August 6, 1984) as
specified in Sections 20, 21, 23, 24 and 25 of the West Hants Subdivision By-law.
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20.0 AGRICULTURAL PRIORITY TWO (AR-2) ZONE
Permitted Uses
20.1
The following uses shall be permitted in the Agricultural Priority Two (AR-2) zone:
-
Agricultural support uses
-
Agricultural uses
-
Churches, community centres and fire halls
-
Forestry and forestry related activities
-
Indoor storage facilities accessory to an agricultural use subject to Section 5.19
(Amendment 18-03 Effective December 25, 2018)
-
Manufactured homes
-
One and two unit dwellings
AR-2 Zone General Requirements
20.2
In the AR-2 zone, no development permit shall be issued except in conformity with the
following:
Agricultural uses &
support uses, Forestry
uses
Dwellings
Churches,
Community
Centres, Fire
Halls
Minimum lot area
3 acres (1.21 ha)
40,000 ft2 (3,716.00 m2)
1 acre (0.40 ha)
Minimum lot frontage
300 ft (91.44 m)
150 ft (45.72 m)
100 ft (30.48 m)
Minimum front yard
40 ft (12.19 m)
25 ft (7.62 m)
25 ft (7.62 m)
Minimum rear yard
40 ft (12.19 m)
25 ft (7.62 m)
25 ft (7.62 m)
Minimum side yard
40 ft (12.19 m)
6 ft (1.83 m) on one side;
10 ft (3.05 m) on other
10 ft (3.05 m)
Agricultural uses &
support uses, Forestry
uses
Dwellings, Churches,
Community Centres, Fire
Halls
Maximum height of main building
55 ft (16.76 m)
35 ft (10.67 m)
Maximum height of accessory building
55 ft (16.76 m)
-
Limitation of Subdivision
20.3
Pursuant to Section 29 of the West Hants Subdivision By-law, subdivision of land within
the AR-2 zone shall be limited to the approval of two lots per area of land during a
calendar year. This requirement shall not prevent the consolidation of two or more
parcels.
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20.4
Pursuant to Section 17(d) of the West Hants Subdivision By-law, all lots to be approved
in the AR-2 zone shall abut an existing public street or meet the requirements for lots
less than the required frontage (s. 279 Municipal Government Act variance, water
frontage, right-of-way, encroachments, main buildings prior to August 6, 1984) as
specified in Sections 20, 21, 23, 24 and 25 of the West Hants Subdivision By-law.
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21.0 AGRICULTURAL PRIORITY THREE (AR-3) ZONE
Permitted Uses
21.1
The following uses shall be permitted in the Agricultural Priority Three (AR-3) zone:
-
Agricultural support uses
-
Agricultural uses
-
Churches, community centres and fire halls
-
Forestry and forestry related activities
-
Indoor storage facilities accessory to an agricultural use subject to Section 5.19
(Amendment 18-03 Effective December 25, 2018)
-
Manufactured homes
-
One and two unit dwellings
-
Existing indoor recreation uses
AR-3 Zone General Requirements
21.2
In the AR-3 zone, no development permit shall be issued except in conformity with the
following:
Agricultural uses &
support uses, Forestry
uses
Dwellings
Churches,
Community
Centres, Fire
Halls
Minimum lot area
3 acres (1.21 ha)
40,000 ft2 (3,716.00 m2)
1 acre (0.40 ha)
Minimum lot frontage
300 ft (91.44 m)
150 ft (45.72 m)
100 ft (30.48 m)
Minimum front yard
40 ft (12.19 m)
25 ft (7.62 m)
25 ft (7.62 m)
Minimum rear yard
40 ft (12.19 m)
25 ft (7.62 m)
25 ft (7.62 m)
Minimum side yard
40 ft (12.19 m)
6 ft (1.83 m) on one
side; 10 ft (3.05 m) on
other
10 ft (3.05 m)
Agricultural uses &
support uses, Forestry
uses
Dwellings, Churches,
Community Centres, Fire
Halls
Maximum height of main building
55 ft (16.76 m)
35 ft (10.67 m)
Maximum height of accessory building
55 ft (16.76 m)
-
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Special Provisions for Growth Centres, Village and Hamlets
21.3
Notwithstanding the permitted uses listed in Section 21.1:
(a)
new intensive livestock operations and agricultural support uses shall not be
permitted on properties zoned AR-3 in a Growth Centre, Village or Hamlet
designation;
(b)
mobile homes shall not be permitted on properties zoned AR-3 in a Growth Centre
or Village designation.
Limitation on Subdivision
21.4
Pursuant to Section 17(d) of the West Hants Subdivision By-law, all lots to be approved
in the AR-3 zone shall abut an existing public street or meet the requirements for lots
less than the required frontage (s. 279 Municipal Government Act variance, water
frontage, right-of-way, encroachments, main buildings prior to August 6, 1984) as
specified in Sections 20, 21, 23, 24 and 25 of the West Hants Subdivision By-law.
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22.0 GENERAL RESOURCE (GR)
Permitted Uses
22.1
The following uses shall be permitted in the General Resource (GR) zone:
-
Agricultural support uses
-
Agricultural uses
-
Automobile service stations
-
Churches, community centres and fire halls
-
Farm equipment sales and service
-
Forestry and forestry related activities
-
Indoor storage facilities accessory to an agricultural use subject to Section 5.19
(Amendment 18-03 Effective December 25, 2018)
-
Manufactured homes
-
Personal service shops
-
Restaurants
-
Retail stores under 5,000 ft2 (139.35 m2) in commercial floor area
-
Seasonal dwellings on private roads
-
Single and two unit dwellings
-
Structures associated with sand and gravel extraction operations
-
Existing automobile, truck and motorcycle sales, service and rental establishments
-
Existing commercial and institutional uses (Amendment WHLUB 14-01 Effective January
22, 2015)
GR Zone General Requirements
22.2
In the GR zone, no development permit shall be issued except in conformity with the
following:
Resource Uses
All other uses
Minimum lot area
40,000 ft2 (3,716.00 m2)
Minimum lot frontage
150 ft (45.72 m)
Minimum front yard
40 ft (12.19 m)
25 ft (7.62 m)
Minimum rear yard
40 ft (12.19 m)
25 ft (7.62 m)
Minimum side yard
40 ft (12.19 m)
15 ft (4.57 m)
Maximum height of main building
55 ft (16.76 m)
35 ft (10.67 m)
Maximum height of accessory building
55 ft (16.76 m)
-
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Abutting Zone Requirements
22.3
Where a General Resource (GR) zone abuts a residential zone in a Hamlet, Village or
Growth Centre designation, the following provisions shall apply to commercial uses:
(a)
the minimum side yard requirement for the commercial uses from the abutting lot
line shall be 20 ft (6.10 m);
(b)
no open storage or outdoor display shall be permitted in an abutting side yard; and
(c)
the part of the commercial lot directly adjoining the residential zone shall be used
for no purpose other than a planting strip having a minimum width of 5 ft (1.52 m)
measured perpendicular to the lot line.
Private Roads
22.4
A development permit may be issued for a seasonal dwelling, a single unit dwelling or a
resource use to be located on a lot with frontage on a private road. (Amendment WHLUB 16-
01 Effective July 5, 2016)
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23.0 MINERAL RESOURCE (MR)
Permitted Uses
23.1
The following uses are permitted in the Mineral Resource (MR) zone:
-
Agricultural support uses
-
Agricultural uses
-
Forestry and forestry related activities
-
Indoor storage facilities accessory to an agricultural use subject to Section 5.19
(Amendment 18-03 Effective December 25, 2018)
-
Manufactured homes
-
Mineral processing industries
-
Single and two unit dwellings
-
Structures related to mineral extractive uses including sand and gravel operations
MR Zone General Requirements
23.2
In the MR zone, no development permit shall be issued except in conformity with the
following:
Resource uses
Dwellings
Minimum lot area
40,000 ft2 (3,716.00 m2)
Minimum lot frontage
150 ft (45.72 m)
Minimum front yard
40 ft (12.19 m)
25 ft (7.62 m)
Minimum rear yard
40 ft (12.19 m)
25 ft (7.62 m)
Minimum side yard
40 ft (12.19 m)
25 ft (7.62 m)
Maximum height of main building
55 ft (16.76 m)
35 ft (10.67 m)
Maximum height of accessory building
55 ft (16.76 m)
-
Minimum Separation Distance
23.3
Notwithstanding any other provisions of this By-law, a main building of a mineral
processing industry shall be located at least 500 ft (152.40 m) from land designated
Growth Centre, Village or Hamlet as well as from existing residential, commercial or
institutional buildings.
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24.0 WATER SUPPLY (W)
Permitted Uses
24.1
The following uses shall be permitted in the Water Supply (W) zone:
-
Agricultural uses excluding dwellings, the keeping of livestock, Licensed Micro-
Cultivation of cannabis and greenhouse operations (Amendment 18-07 Effective
December 5, 2018)
-
Forestry uses excluding processing structures
-
Historic buildings and sites
-
Municipal water treatment and distribution uses
-
Outdoor recreation uses provided no permanent structures are erected
-
Uses, buildings and structures necessary for the prevention of floods, soil erosion
and other similar natural occurrences
-
Woods camps
W Zone General Requirements
24.2
In the W zone, no development permit, with the exception of municipal water treatment
and distribution uses, shall be issued except in conformity with the following:
Minimum lot area
10 acres (4.05 ha)
Minimum lot frontage
200 ft (60.96 m)
Minimum water frontage*
300 ft (91.44 m)
Minimum front yard
50 ft (15.24 m)
Minimum rear yard
50 ft (15.24 m)
Minimum side yard
50 ft (15.24 m)
Maximum height of main building
35 ft (10.67 m)
*Water frontage requirement applies to lots with frontage on Mill Lake and Davidson Lake.
Environmental Study
24.3
No development permit shall be issued for any proposed development within 213.25 ft
(65 m) of any watercourse or water body in the W zone until an environmental study, as
described in Policy 9.3.8 of the Municipal Planning Strategy, has been completed and
submitted to the Development Officer.
Slope
24.4
No structure may be erected or land levels altered on any portion of a lot in the W zone
where the slope is greater than 15 percent with the exception of buildings or structures
related to:
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(a)
the prevention of floods, or erosion, or which serve to facilitate drainage; and
(b)
municipal water treatment and distribution uses.
Protected Water Areas
24.5
In addition to all requirements of this By-law, additional regulations may apply to areas
designated as Protected Water Areas under the Nova Scotia Environment Act, including
the French Mill Brook and Mill Lakes water supply watersheds.
Woods camps
24.6
The total floor area of a woods camp in the W zone shall not exceed 600 ft2 (55.74 m2),
excluding any decks, balconies, exterior staircases and similar features.
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25.0 LANDFILL (LF)
Permitted Uses
25.1
The following uses are permitted in the Landfill (LF) zone:
-
Municipal solid waste landfill operations including stormwater, leachate, landfill
and gas handling and treatment systems as required
-
White goods/metals storage areas
-
Household hazardous waste depots
-
Leaf and yard waste storage and compost areas
-
Hydrocarbon impacted solid remediation areas
-
Asbestos waste storage areas
-
Construction and demolition waste receiving and processing areas
-
Haulage and transfer truck maintenance and parking areas
-
Waste drop off areas
-
Recycling depots
-
Uses accessory to the operation of a landfill except for the disposal of hazardous
waste
LF Zone General Requirements
25.2
In the LF zone, no development permit shall be issued except in conformity with the
following:
Minimum lot area
5 acres (2.02 ha)
Minimum lot frontage
200 ft (60.96 m)
Minimum front yard
50 ft (15.24 m)
Minimum rear yard
50 ft (15.24 m)
Minimum side yard
25 ft (7.62 m)
Maximum height of main building
55 ft (16.76 m)
Maximum height of accessory building
55 ft (16.76 m)
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26.0 RESOURCE INDUSTRIAL (M-1)
Permitted Uses
26.1
The following uses shall be permitted in the Resource Industrial (M-1) zone:
-
Abattoirs
-
Agricultural processing industries
-
Any activity connected with the automobile trade other than an automobile scrap
yard or automobile related commercial recreation establishment
-
Any manufacturing, processing, industrial, assembly or warehousing operation
conducted within an enclosed building and which is not obnoxious by reason of
sound, odour, dust, fumes, smoke, or other obnoxious emission of refuse matter
or water-carried waste, or by reason of unsightly open storage
-
Building supply and equipment depots
-
Bulk storage of sand and gravel
-
Commercial and office uses accessory to a main use
-
Commercial greenhouses
-
Excavation and landscaping operations
-
Farm supplies and equipment sales and service
-
Feed and fertilizer industries
-
Fruit and vegetable sorting, grading and packaging establishments
-
Fuel storage depots
-
Heavy equipment sales and service
-
Licensed Micro-Cultivation of cannabis (Amendment 18-08 effective November 26,
2019)
-
Licensed Micro-Processing of cannabis (Amendment 18-08 effective November 26,
2019)
-
Licensed Cannabis Nurseries (Amendment 18-08 effective November 26, 2019)
-
Licensed Standard Cultivation and Processing of cannabis (Amendment 18-08
effective November 26, 2019)
-
Railway uses
-
Recycling depots
-
One dwelling unit in conjunction with a permitted industrial use, either located in
the same building or as a single unit dwelling or manufactured home on the same
lot
-
Saw mills
-
Service industries
-
Structures related to sand and gravel excavation and processing
-
Utility facilities
-
Wood processing and manufacturing establishments
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M-1 Zone General Requirements
26.2
In the M-1 zone, no development permit shall be issued in except in conformity with the
following:
Minimum lot area
40,000 ft2 (3,716.00 m2)
Minimum lot frontage
200 ft (60.96 m)
Minimum front yard
40 ft (12.19 m)
Minimum rear yard
40 ft (12.19 m)
Minimum side yard
40 ft (12.19 m)
Maximum height of main building
35 ft (10.67 m)
Maximum height of accessory building
35 ft (10.67 m)
Yards adjacent to a Railway
26.3
In the M-1 zone, the yard requirements shall be waived for any yard which directly abuts
a railway right-of-way.
Open Storage
26.4
Where a M-1 lot abuts a lot used for residential purposes, a planting strip shall be
required to screen any open storage as specified in Section 5.29.
Access
26.5
Entrance to and exit from properties zoned M-1 shall be restricted to not more than two
driveways on any street or road. On a corner lot, access shall be restricted to not more
than three driveways to the lot. Driveways shall meet Nova Scotia Department of
Transportation and Public Works= requirements for commercial access.
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27.0 HAMLET INDUSTRIAL (M-2)
Permitted Uses
27.1
The following uses shall be permitted in the Hamlet Industrial (M-2) zone:
-
Agricultural processing industries
-
Aquaponics industries (Amendment H8LUB 17-01 Effective December 5, 2017)
-
Feed and fertilizer establishments
-
Fruit and vegetable sorting, grading and packaging establishments
-
Licensed Micro-Cultivation of cannabis (Amendment 18-08 effective November 26,
2019)
-
Licensed Micro-Processing of cannabis (Amendment 18-08 effective November 26,
2019)
-
Licensed Cannabis Nurseries (Amendment 18-08 effective November 26, 2019)
-
Licensed Standard Cultivation and Processing of cannabis (Amendment 18-08
effective November 26, 2019)
-
Any manufacturing, industrial, assembly, or warehousing operation conducted and
wholly contained within an enclosed building and which is not considered
obnoxious by reason of sound, odour, dust, fumes, smoke, or other emission
(Amendment 18-02 Effective March 6, 2019)
-
One dwelling unit in conjunction with a permitted industrial use, either located in
the same building or as a single unit dwelling or manufactured home on the same
lot
-
Saw Mills
-
Self Storage Operations (Amendment GC1LUB 11-01 Effective October 7, 2011)
-
Service industries and shops
-
Wood processing and manufacturing establishments
M-2 Zone General Requirements
27.2
In the M-2 zone, no development permit shall be issued except in conformity with the
following:
Minimum lot area
40,000 ft2 (3,716.00 m2)
Minimum lot frontage
200 ft (60.96 m)
Minimum front yard
40 ft (12.19 m)
Minimum rear yard
40 ft (12.19 m)
Minimum side yard
40 ft (12.19 m)
Maximum height of main building
35 ft (10.67 m)
Open Storage
27.3
The following restrictions shall apply to open storage in the M-2 zone:
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(a)
open storage shall not be permitted within the front yard of a lot or in a side yard
abutting a residential zone;
(b)
the area devoted to open storage shall not exceed 50 percent of the lot area; and
(c)
a planting strip shall be required as specified in Section 5.29.
Access
27.4
Entrance to and exit from properties zoned M-2 shall be restricted to not more than two
driveways on any street or road. On a corner lot, access shall be restricted to not more
than three driveways to the lot. Driveways shall meet Nova Scotia Department of
Transportation and Public Works= requirements for commercial access.
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28.0 LOCAL INDUSTRIAL (LI)
Permitted Uses
28.1
The following uses shall be permitted in the Local Industrial (LI) zone:
-
Auto repair and auto body shops in conjunction with a single unit dwelling
-
Excavation and landscaping operations in conjunction with a single unit dwelling
-
Self Storage Operations (Amendment GC1LUB 11-01 Effective October 7, 2011) in
conjunction with a single unit dwelling (Amendment WHLUB 14-01 Effective January 22,
2015)
-
Service Shops in conjunction with a single unit dwelling
-
Transport depots in conjunction with a single unit dwelling
-
Uses permitted in the R-1 zone subject to the R-1 zone requirements
LI Zone General Requirements
28.2
In the LI zone, no development permit shall be issued except in conformity with the
following:
with municipal services
with on-site services
Minimum lot area
10,000 ft2 (929.00 m2)
29,000 ft2 (2,694.10 m2)
Minimum lot frontage
100 ft (30.48 m)
150 ft (45.72 m)
Minimum front yard
25 ft (7.62 m)
Minimum rear yard
25 ft (7.62 m)
Minimum side yard
15 ft (4.57 m)
Maximum height of main building
35 ft (10.67 m)
Abutting Zone Requirements
28.3
Where a Local Industrial (LI) use abuts a lot in a residential zone, the following standards
apply:
(a)
the minimum side yard requirement for the LI use from the abutting lot line shall be
20 ft (6.10 m);
(b)
no open storage shall be permitted in the abutting side yard; and
(c)
the part of the industrial lot directly adjoining the residential zone shall be used for
no other purpose other than a planting strip having a minimum width of 5 ft (1.52
m) measured perpendicular to the lot line.
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Access
28.4
Entrance to and exit from properties zoned LI shall be restricted to not more than two
driveways on any street or road. On a corner lot, access shall be restricted to not more
than three driveways to the lot. Driveways shall meet Nova Scotia Department of
Transportation and Public Works' requirements for commercial access.
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29.0 LIGHT INDUSTRIAL (LI-1)
Permitted Uses
29.1
The following uses shall be permitted in the Light Industrial (LI-1) zone:
-
Abattoirs
-
Agricultural processing industries
-
Animal hospitals and veterinarian establishments
-
Any activity connected with the automotive trade other than an automotive scrap
yard or automobile-related commercial recreational establishment
-
Any manufacturing, industrial, assembly, or warehousing operation conducted and
wholly contained within an enclosed building and which is not considered
obnoxious by reason of sound, odour, dust, fumes, smoke, or other emission
-
Building supply and equipment depots
-
Bulk sales establishments
-
Commercial and office uses accessory to a main use
-
Display courts
-
Dry cleaning and laundry establishments
-
Excavation and landscaping operations
-
Farm supplies and equipment sales and service
-
Fuel storage depots
-
Garden and nursery sales and supplies
-
Heavy equipment sales and service
-
Industrial training facilities
-
Licensed Micro-Cultivation of cannabis (Amendment 18-08 effective November 26,
2019)
-
Licensed Micro-Processing of cannabis (Amendment 18-08 effective November 26,
2019)
-
Licensed Cannabis Nurseries (Amendment 18-08 effective November 26, 2019)
-
Licensed Standard Cultivation and Processing of cannabis (Amendment 18-08
effective November 26, 2019)
-
Moving and storage depots
-
Railway uses
-
Recreational vehicle sales, service and rental establishments
-
Recycling depots
-
Research facilities
-
Sales and service of manufacturing and processing machinery or equipment
-
Sawmills
-
Service industries
-
Support services
-
Telecommunications towers and accessory buildings
-
Transport depots
-
Utility uses
-
Wholesale establishments
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LI-1 Zone General Requirements
29.2
In the LI-1 zone, no development permit shall be issued except in conformity with the
following:
with municipal services
with on-site services
Minimum lot area
10,000 ft2 (929.00 m2)
29,000 ft2 (2,694.10 m2)
Minimum lot frontage
100 ft (30.48 m)
150 ft (45.72 m)
Minimum front yard
30 ft (9.14 m)
Minimum rear yard
30 ft (9.14 m)
Minimum side yard
10 ft (3.05 m)
Minimum distance between buildings or structures
15 ft (4.57 m)*
Maximum height of main building
40 ft (12.19 m)
Maximum height of accessory building
40 ft (12.19 m)
*when fire resistant walls are constructed, distance requirements may be reduced to 0 ft (0m)
Lots Abutting a Non-Industrial Zone
29.3
Where a lot in the LI-1 zone abuts a residential or institutional zone the following
provisions shall apply:
(a)
the industrial use shall be set back from the abutting lot line a minimum of 20 ft
(6.10 m);
(b)
the property shall be landscaped to ensure that no unstable or exposed soils exist;
and
(c)
the part of the lot directly adjoining the residential or institutional zone shall be used
for no other purpose other than a planting strip having a minimum width of 5 ft (1.52
m) measured perpendicular to said lot line.
29.4
Where the yard of a lot within the LI-1 zone abuts a railway line, no setback shall be
required from the abutting lot line.
Access
29.5
Entrance to and exit from properties zoned LI-1 shall be restricted to not more than two
driveways on any street or road. On a corner lot, access shall be restricted to not more
than three driveways to the lot.
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30.0 JOINT INDUSTRIAL TYPE TWO (LI-2)
Permitted Uses
30.1
The following uses shall be permitted in the Joint Industrial Type Two (LI-2) zone:
-
Animal hospitals and veterinarian establishments
- Any manufacturing, industrial, assembly, or warehousing operation conducted and
wholly contained within an enclosed building and which is not considered
obnoxious by reason of sound, odour, dust, fumes, smoke, or other emission
-
Any activity connected with the automotive trade other than an automotive scrap
yard or automobile-related commercial recreational establishment
-
Brewery - Commercial (Amendment 19-14 effective December 10, 2019)
-
Building supply and equipment depots
-
Business and professional offices excluding doctor, dentist and lawyer officers,
financial institutions, real estate offices, and personal service office uses such as
beauty consultants
-
Chemical and chemical products
-
Commercial uses accessory to a permitted main use which is conducted in the
main building
-
Courier services
-
Display courts
-
Distillery - Commercial (Amendment 19-14 effective December 10, 2019)
-
Existing donut shop
-
Farm implement sales, service and repair
-
Fencing and fence erectors
-
Fuel storage depots
-
Garden and nursery sales and supplies
-
Government establishments except retail outlets
-
Indoor recreation establishments
-
Industrial training facilities
-
Laundry and dry cleaning establishments
-
Licensed Analytical Testing and Research of cannabis accessory to a permitted
licensed cannabis land use (Amendment 18-08 effective January 21, 2020)
-
Licensed Micro-Cultivation of cannabis (Amendment 18-08 effective January 21,
2020)
-
Licensed Micro-Processing of cannabis (Amendment 18-08 effective January 21,
2020)
-
Licensed Cannabis Nurseries (Amendment 18-08 effective January 21, 2020)
-
Licensed Standard Cultivation and Processing of cannabis (Amendment 18-08
effective January 21, 2020)
-
Manufacturing and processing machinery or equipment, sales and service
-
Marine sales, service & repair
-
Microbrewery (Amendment 19-14 effective December 10, 2019)
-
Microdistillery (Amendment 19-14 effective December 10, 2019)
-
Manufactured homes sales and service
-
Moving and storage depots
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-
Railway uses
-
Research facilities
-
Recreation vehicles sales and service
-
Recycling depots
-
Service industries
-
Support services
-
Taxi and bus depots
-
Transportation depots
-
Winery - Commercial (Amendment 19-14 effective December 10, 2019)
-
Winery (Amendment 19-14 effective December 10, 2019)
-
Utility facilities
-
Wholesaling and wholesale sales
-
Ambulance service
-
Animal shelters
LI-2 Zone General Requirements
30.2
In the LI-2 zone, no development permit shall be issued except in conformity with the
following:
Minimum lot area
10,000 ft2 (929.00 m2)
Minimum lot frontage
100 ft (30.48 m)
Minimum front yard
30 ft (9.14 m)
Minimum rear yard
30 ft (9.14 m)
Minimum side yard
10 ft (3.05 m)
Minimum distance between buildings or structures
15 ft (4.57 m)*
Maximum height of main building
40 ft (12.19 m)
Maximum height of accessory building
40 ft (12.19 m)
Lots Abutting a Non-Industrial Zone
30.3
Where a LI-2 zone abuts a residential or institutional zone the following provisions shall
apply:
(a)
the industrial use shall be set back from the abutting lot line a minimum of 20 ft
(6.10 m);
(b)
the property shall be landscaped to ensure that no unstable or exposed soils exist;
and
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(c)
the part of the non-residential lot directly adjoining the residential or institutional
zone shall be used for no other purpose other than a planting strip having a
minimum width of 5 ft (1.52 m) measured perpendicular to said lot line.
30.4
Where the yard of a lot within the LI-2 zone abuts a railway line, no setback shall be
required from the abutting lot line.
Licensed Cannabis Uses
30.5
Require any building or structure used for a licensed cannabis land use to be located a
minimum of 250 ft (76.2 m) from an existing residential dwelling, a home for special care
and senior citizen housing building unless the building or dwelling is on the same lot as
the licensed cannabis land use. (Amendment 18-08 effective January 21, 2020)
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31.0 JOINT INDUSTRIAL TYPE THREE (LI-3)
Permitted Uses
31.1
The following uses shall be permitted in the Joint Industrial Type Three (LI-3) zone:
-
Animal hospitals and veterinarian establishments
-
Any activity connected with the automotive trade other than an automotive scrap
yard, or automobile-related commercial recreational establishment
-
Brewery - Commercial (Amendment 19-14 effective December 10, 2019)
-
Banks and financial institutions
-
Building supply and equipment depots
-
Business and professional offices
-
Commercial uses accessory to a permitted main use which is conducted in the
main building
-
Courier services
-
Display courts
-
Distillery - Commercial (Amendment 19-14 effective December 10, 2019)
-
Farm implement sales, service and repair
-
Fencing and fence erectors
-
Garden and nursery sales and supplies
-
Government establishments
-
Grocery stores
-
Hardware stores
-
Indoor recreation establishments
-
Industrial training classroom facilities
-
Laundry and dry cleaning establishments
-
Licensed Analytical Testing and Research of cannabis accessory to a permitted
licensed cannabis land use (Amendment 18-08 effective January 21, 2020)
-
Licensed Cannabis Nurseries (Amendment 18-08 effective January 21, 2020)
-
Manufacturing and processing machinery or equipment, sales and service
-
Marine sales, service & repair
-
Microbrewery - (Amendment 19-14 effective December 10, 2019)
-
Microdistillery - (Amendment 19-14 effective December 10, 2019)
-
Personal service shops
-
Recreation vehicles sales and service
-
Restaurants, drive-in restaurants
-
Retail stores
-
Service industries
-
Service shops
-
Support services
-
Taxi and bus depots
-
Wholesaling and wholesale sales
-
Winery - Commercial (Amendment 19-14 effective December 10, 2019)
-
Winery - (Amendment 19-14 effective December 10, 2019)
-
Hotels/motels
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LI-3 Zone General Requirements
31.2
In the LI-3 zone, no development permit shall be issued except in conformity with the
following:
Minimum lot area
10,000 ft2 (929.00 m2)
Minimum lot frontage
100 ft (30.48 m)
Minimum front yard
25 ft (7.62 m)
Minimum rear yard
25 ft (7.62 m)
Minimum side yard
15 ft (4.57 m)
Distance between buildings or structures
15 ft (4.57 m)*
Maximum height of main building
35 ft (10.67 m)
*when fire resistant walls are constructed, distance requirements may be reduced to 0 ft (0 m)
Lots Abutting a Non-Industrial Zone
31.3 Where a LI-3 zone abuts a residential or institutional zone the following provisions shall
apply:
(a) the industrial use shall be set back from the abutting lot line a minimum of 20 ft
(6.10 m);
(b) the property shall be landscaped to ensure that no unstable or exposed soils
exist; and
(c)
the part of the non-residential lot directly adjoining the residential or institutional
zone shall be used for no other purpose other than a planting strip having a
minimum width of 5 ft (1.52 m) measured perpendicular to said lot line.
(Amendment 18-08 effective January 21, 2020)
31.4 Where the yard of a lot within the LI-3 zone abuts a railway line, no setback shall be
required from the abutting lot line. (Amendment 18-08 effective January 21, 2020)
Licensed Cannabis Uses
31.5
Require any building or structure used for a licensed cannabis land use to be located a
minimum of 250 ft (76.2 m) from an existing residential dwelling, a home for special care
and senior citizen housing building unless the building or dwelling is on the same lot as
the licensed cannabis land use. (Amendment 18-08 effective January 21, 2020)
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32.0 INSTITUTIONAL (I)
Permitted Uses
32.1
The following uses shall be permitted in the Institutional (I) zone:
-
Any institutional use (Amendment 22-07 effective December 13, 2022)
-
Churches and associated halls
-
Colleges, universities and schools, including school dormitories
-
Community centres
-
Community service clubs and organizations
-
Day care centres, licensed or non-licensed (Amendment #24-25 effective May 13, 2026)
-
Emergency services facilities (i.e., police, ambulance and fire stations
-
Government offices
-
Homes for special care
-
Hospitals and medical clinics
-
Indoor recreation uses
-
Libraries, museums and art galleries
-
Licensed Analytical Testing of cannabis (Amendment 18-08 effective November 26,
2019)
-
Licensed Research of cannabis (Amendment 18-08 effective November 26, 2019)
-
Residences accessory to permitted uses
-
Senior citizen housing
-
Tourist bureaus
General Lot Requirements
32.2
In the Institutional (I) zone, no development permit shall be issued except in conformity
with the following:
with municipal services
with on-site services
Minimum lot area
24,000 ft2 (2,229.60 m2)
40,000 ft2 (3,716.00 m2)
Minimum lot frontage
120 ft (30.48 m)
Minimum front yard
30 ft (9.14 m)
Minimum rear yard
30 ft (9.14 m)
Minimum side yard
30 ft (9.14 m)
Maximum height of main building
35 ft (10.67 m)
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33.0 OPEN SPACE (OS)
Permitted Uses
33.1
The following uses shall be permitted in the Open Space (OS) zone:
-
Cemeteries
-
Historic sites, interpretive centres and museums
-
Outdoor recreation uses
-
Parks and playgrounds
-
Uses, buildings and structures necessary for the prevention of floods, soil erosion
and other similar natural occurrences
General Lot Requirements
33.2
In the Open Space (OS) zone, no development permit shall be issued except in
conformity with the following:
Minimum lot area
20,000 ft2 (1,858.00 m2)
Minimum front yard
30 ft (9.14 m)
Minimum rear yard
30 ft (9.14 m)
Minimum side yard
30 ft (9.14 m)
Maximum height of main building
35 ft (10.67 m)
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34.0 DYKELAND OVERLAY
Dykeland
34.1
In areas shown as Dykeland on Schedule A of this By-law, no development permit shall
be issued for any new building permitted in the underlying zone, except for:
(a)
pump houses or other structures required for water distribution or irrigation;
(b)
accessory buildings, excluding accessory residential dwellings, having a building
footprint not greater than 500 ft2 (46.45 m2) on lots of 5 acres (2.02 ha) or less in
size existing as of April 18, 2001; or (Amendment WHLUB 14-01 Effective January 22,
2015)
(c)
gazebos or boathouses for personal non-commercial use.
34.2
In areas shown as Dykeland on Schedule A of this By-law:
(a)
a pump house permitted under subsection 34.1(a) herein, a building for which a
development permit was issued prior to April 18, 2001, or a building existing as of
April 18, 2001, may be enlarged, reconstructed, repaired or renovated provided all
other applicable requirements of this By-law are satisfied; and
(b)
the use of a building existing, or for which a development permit was issued, prior
to April 18, 2001, may be changed to a use permitted in the underlying zone,
except where such use involves more intensive human or livestock occupancy, or
the warehousing or production of hazardous materials.
34.3
An accessory building permitted under subsection 34.1(b) may be enlarged,
reconstructed, repaired or renovated provided all other applicable requirements of this
By-law are satisfied, but in no case shall the building footprint of the building exceed 500
ft2 (46.45 m2). (Amendment WHLUB 14-01 Effective January 22, 2015)
Infilling
34.4
The infilling and alteration of topography of any property in areas shown as Dykeland on
Schedule A of this By-law shall not be permitted except as necessary for:
(a)
construction and maintenance of dykes, aboiteaux, ditches, drains, roads and
other works necessary for the prevention of flooding and the protection of dykeland;
(b)
the maintenance, repair and expansion of public and private roads, highways,
driveways and parking areas existing as of April 18, 2001;
(c)
the construction of new public or private roads shown on a tentative or final plan of
subdivision approved by the development officer prior to April 18, 2001;
(d)
the reasonable construction of new driveways and parking areas where the
development officer has approved the issuance of a development permit for a
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permitted use in the underlying zone.
(e)
construction of sports fields, golf courses, boat launches, trails and other
recreational uses which require a limited amount of infilling and alteration of
topography, but do not involve buildings;
(f)
the creation and maintenance of wetlands for the purposes of recreation and
wildlife habitat enhancement;
(g)
farmland improvement including dykeland land forming carried out in accordance
with generally accepted farming practices; or
(h)
the construction of new public streets shown on an approved subdivision plan,
subject to the additional requirements of Subsection 34.6 herein, provided that the
portion of the street which is located on dykeland does not exceed 250 ft (76.20 m)
in length.
34.5
No infilling or alteration of topography carried out under Subsection 34.4 (a) herein shall
impede drainage or flow of flood water or unnecessarily reduce flood water storage
capacity.
34.6
Where a new public street is proposed on dykeland in accordance with subsection
34.4(h), the property owner shall submit:
(a)
road design and construction plans prepared under the seal of a Professional
Engineer and satisfactory to the Municipal Engineer which adequately deal with
public safety and elevation and drainage of the street;
(b)
an environmental study prepared by a qualified person which clearly demonstrates
that the construction of the street will not adversely affect drainage on another
property or reduce the water storage capacity of the flood plain; and
(c)
any other information required by the Development Officer or Municipal Engineer
to determine whether the requirements of this section have been met.
Requirements Shall Not Apply Where Survey Submitted
34.7
The requirements of this Section shall not apply where the property owner submits a
survey plan prepared by a Nova Scotia Land Surveyor which shows that the site of the
proposed development and any required on-site sewage disposal system has an
elevation in excess of the high water elevation for the applicable dykeland as set out in
Table 34.7.1.
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Table 34.7.1
HIGH WATER ELEVATIONS
WEST HANTS DYKELANDS INCORPORATED UNDER
NOVA SCOTIA MARSHLAND RECLAMATION ACT
Tidal Dykelands
High Water Elevation,
Geodetic (ft)
Burlington
26.5
Centre Burlington
24.9
Elderkin
26.0
Greenhill
27.0
Kennetcook
26.0
Newport Town
26.0
St. Croix
26.0
Scotch Village
26.5
Herbert River
25.6
Tregothic
27.5
Chambers
26.0
Mantua-Poplar Grove
26.0
Wentworth
26.5
Belmont
26.5
Dykelands Above Causeway
Armstrong
26.5
Martock
26.0
Falmouth Great Dyke
26.0
Windsor Forks
26.0
Castle Frederick
26.0
Falmouth Village
26.0
34.8
Where approval for an on-site sewage disposal system was granted by the Nova Scotia
Department of the Environment prior to December 20, 2000, the survey plan required
under Subsection 34.6 shall show only that the proposed building site, and not the site
of the on-site sewage disposal system, has an elevation in excess of the high water
elevation for the applicable dykeland.
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Agricultural Marshland Conservation Act
34.9
Notwithstanding the requirements of this Section, no development permit shall be issued
in areas shown as Dykeland on Schedule A unless such development is permitted under
the Nova Scotia Agricultural Marshland Conservation Act.
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35.0 DEFINITIONS
35.1
In this By-law, all words carry their customary meaning except for those words and
phrases defined as follows:
Abattoir means a building or structure, or part thereof, used for the slaughtering of animals;
Accessory Apartment (removed by amendment File #20-27 effective September 14, 2021)
Accessory Building or Structure means a subordinate building or structure on the same lot as
the main building, devoted exclusively to an accessory use, but does not include a building
attached in any way to the main building, a building located completely underground or a motor
vehicle, truck body, transport trailer or any part thereof;
Accessory Farm Sales Outlet means a use accessory to a farm where agricultural products
produced on the farm where such outlet is located comprise the major portion of goods offered or
kept for sale directly to the public;
Accessory Use means a use subordinate in impact and naturally, customarily and normally
incidental to and exclusively devoted to a main use of land or building and located on the same
lot; (as amended by file #22-13 effective January 10, 2023)
Affordable Housing Unit means (as amended by File #23-21 effective May 13, 2025):
(a) Housing that costs less than 30% of before-tax household income or as otherwise
defined by the Canada Mortgage and Housing Corporation (CMHC) or the Province of
Nova Scotia; and
(b) Dwellings constructed under the Province of Nova Scotia and/or Federal Affordable
Housing cost sharing or funding program.
Agricultural Support Use means a building or structure tied to the farm operation and located
on the farm property and may include abattoirs, agricultural warehousing, processing, Licensed
Micro-Processing of cannabis, Licensed cannabis nursery (Amendment 18-08 effective November
26, 2019) sorting, grading, packaging and transport facilities; (Amendment 18-07 Effective
December 5, 2018)
Agricultural Use means the use of land, buildings or structures for the production of crops or
livestock, or both, for gain or reward which may include, but is not necessarily limited to:
(a)
the growing and harvesting of crops such as vegetables, fruits, field crops, berries,
trees, maple syrup, mushrooms, flowers and landscaping materials and may
include:
(i)
the erection and use of greenhouses, nurseries, Licensed Micro-Cultivation
of cannabis facilities (Amendment 18-07 Effective December 5, 2018),
wineries, wineries-commercial, microbreweries, and restaurants accessory
to wineries, wineries- commercial, and microbreweries; (Amendment 19-14
effective December 10, 2019)
(ii)
woodlots and forestry uses;
(b)
the raising of livestock such as cattle, horses, poultry, swine, sheep, rabbits, goats,
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emus, llamas, fur-bearing animals, game animals, game birds and honey bees,
and may include:
(i)
the production of eggs, cream and milk;
(ii)
kennels;
(iii)
riding stables;
(c)
the marketing of agricultural products produced on the farm property at an
accessory farm sales outlet;
(d)
the process at a farm necessary to prepare a farm product for farm distribution
including cleaning, grading, storage and packaging;
(e)
the clearing, draining, leveling, irrigating or cultivating of land;
(f)
the application of fertilizers, soil conditioners, pest control products or other
agricultural inputs;
(g)
the storage, disposal or use of compost and livestock-generated waste for farm
purposes (but does not include biosolids); and
(h)
the operation of agricultural machinery and equipment; and
For further clarification, agricultural use shall not include an abattoir or commercial
slaughter house.
Type of Livestock
Number of Livestock Equal to One
Animal Unit
Intensive and non-
intensive livestock
operations
Household
livestock
operations
Dairy Cows
1.5
1
Dairy Heifers
2
1
Beef Cows
2
1
Beef Feeders (150 - 500 kg)
4
2
Veal calves
25
5
Bulls
1
1
Horses and ponies (≥225 kg)
1
1
Miniature horses and ponies
(<225 kg)
3
2
Sheep
10
4
Sows (Breeding/Gestation)
5
2
Sows (Farrow to Finish)
1
1
Sows (Farrow to Wean)
4
2
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Type of Livestock
Number of Livestock Equal to One
Animal Unit
Intensive and non-
intensive livestock
operations
Household
livestock
operations
Weaners
50
10
Hogs (Feeders)
10
2
Laying Hens (whole year)
500
25
Broiler Chickens
1,000
25
Turkey Broilers (5 kg)
300
25
Mink (female including young)
200
10
Rabbits (female including young)
40
20
Llamas/Alpacas
8
1
Ostriches/Emus
5
1
Arena means a building, location or premises in which to view or participate in sporting or
entertainment events, including but not limited to a rink, floor or ice surface, spectator seating
areas, dressing rooms, canteen facilities, lobbies, and hallways;
Arts and Crafts Studio means a building, or part thereof, used for the production of, or the
production and sale of, works of art or crafts made by hand;
Auto Body Shop means a building used for the repair of body work, detailing or painting of
automobile bodies, or any one or more of these uses;
Automobile Sales Establishment means a building or part of a building or space on a lot used
for retail or wholesale sales or rental of motor vehicles and motor vehicle accessories, and
includes a public garage and repair shop;
Automobile Service Station means a building or a clearly defined space on a lot used for the
sale of lubricating oils and gasoline and may include the sale of automobile accessories, space
for the repair of automobiles, a car wash facility and a convenience store;
Automobile Washing Establishment means a building or part thereof used for the operation of
automobile washing equipment which is automatic or semi-automatic;
Automotive Use means an automobile service station, a gasoline retail outlet, a motor vehicle
repair shop, an automobile sales establishment, an auto body shop or an automobile washing
establishment, but shall not include a salvage yard;
Bed and Breakfast means a single unit dwelling in which the resident supplies, for compensation,
not more than four bedrooms for the temporary accommodation of the travelling public;
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Biosolids means the solid, semi-solid or liquid residue generated during the treatment of sewage
and septage sludges, as well as any mixture containing biosolids;
Block means the smallest unit of land which is bound entirely by public streets, rivers, railroads,
public parks or any combination thereof;
Boarding or Rooming House means a single unit dwelling in which the resident supplies, for
compensation, either room or room and board in more than two bedrooms but not more than five
bedrooms, exclusive of those for the resident and family, and which is not open to the travelling
public;
Brewery - Commercial means a brewery or cidery engaged in the production of more than
15,000 hectolitres per year of beer or other related beverages where the primary business
function is to sell packaged product to the Nova Scotia Liquor Commission and thence to the
general public through retail liquor stores or for export; (Amendment 19-14 effective December 10,
2019)
Building means any structure, whether temporary or permanent, used or built for the shelter,
accommodation or enclosure of persons, animals, material or equipment. Any tent, awning, bin,
bunker, platform, vessel or vehicle used for any of the said purposes shall be deemed a building;
Building Footprint is the outline of the total area of a lot or site that is surrounded by the exterior
walls of a building, exclusive of courtyards. In the absence of surrounding exterior walls, the
building footprint shall be the area under the horizontal projection of a roof; (Amendment WHLUB 14-
01 Effective January 22, 2015)
Bulk Sales Establishment means the use of land, a building or structure for the purpose of
buying and selling lumber, wood, building materials, feed, fertilizer, ice and similar material;
By-law means this By-law which is the Municipality of the District of West Hants Land Use By-law;
Catering Establishment means an establishment primarily involved in the preparation and
transfer of finished food products for consumption upon delivery to off-premises destinations only;
Church means a building dedicated to any religious worship and includes an associated hall,
auditorium, Sunday School, day nursery or residence operated by the church on the same lot or
an adjacent lot;
Clinic means a building or part of a building used for the medical, dental, surgical, or therapeutic
treatment of human beings, but does not include a public or private hospital or professional office
of a doctor located in his/her residence;
Club means a building or part of a building used as a meeting place for members of an
organization and may include a lodge, a fraternity or sorority house and a labour union hall;
Commercial School means an establishment which provides instruction for profit or gain
including, but not limited to, secretarial schools, dance, music, drama and arts and crafts schools,
and business and trade schools;
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Community Centre means any tract of land and the buildings thereon, the control of which is
vested in the Municipality or local board or agent which is used for community activities and not
used for commercial purposes with the exception of mobile canteens; (Amendment 21-20 Effective
June 1, 2022)
Community Use/Local Commercial Building means a building privately owned, operated and
maintained by an individual or corporation primarily for the use of residents of the area under
development agreement and known as 'The Crossing" and its guests for meetings, recreation and
similar activities, and which may also contain a maximum of 2,500 sq. ft. of uses which are
permitted in the Local Commercial (LC) Zone. (Amendment GC2LUB 17-01 Effective March 7, 2018)
Convenience Store means a retail store that serves the primary needs of the adjacent
neighbourhood and includes the sale of magazines, confectionary items and grocery items and
may include a snack bar, dry cleaning drop-off depot and video rentals;
Council means the Council of the Municipality of the District of West Hants;
Country Inn means a building with three or more bedrooms for the temporary accommodation of
the travelling public for gain or profit and may include a public dining room and/or guest house;
Day Care Centre means a building or part thereof where children are cared for on a daily basis,
for compensation, without overnight accommodation, but does not include a school;
(a)
Non-Licensed Day Care Centre serves fewer than six children;
(b)
Licensed Day Care Centre serves six or more children and is licensed by the
Province of Nova Scotia under the Day Care Act;
Development includes the erection, construction, alteration, placement, location, replacement or
relocation of, or addition to, a structure and a change or alteration in the use made of land or
structures;
Development Officer means the person or persons appointed by the Municipality of the District
of West Hants to administer this By-law;
Display Court means a display of goods on a lot for the purpose of encouraging the purchase of
the display items, or items similar to the display items, and without limiting the generality of the
foregoing, such displays include displays of cars, trucks, vans, motor homes, manufactured
homes, trailers, boats, snowmobiles, motorcycles, swimming pools, garden ornaments and
prefabricated cottages or homes;
Distillery - Commercial means a facility in the production of more than 75,000 litres per year of
liquor and spirits, other than wine or beer, where the product is blended or bottled for sale to the
Nova Scotia Liquor Commission or for export; (Amendment 19-14 effective December 10, 2019)
Driveway means a vehicle access provided between a street or lane and a parking area or a
loading space, or between two parking areas, but does not include a parking aisle;
Dwelling means a building, occupied or capable of being occupied as a home, residence or
sleeping place by one or more persons, containing one or more dwelling units, and shall not
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include a hotel, a motel, apartment hotel, recreation vehicle or travel trailer;
(a)
Apartment Dwelling means a building or part thereof, other than a converted
dwelling, consisting of more than three dwelling units, which have a common
entrance from the street level;
(b)
Converted Dwelling means a building originally built and designed as a single
dwelling unit which has been converted to two or more dwelling units;
(c)
Duplex Dwelling means a building that is divided horizontally into two dwelling
units, each of which has an independent entrance directly or through a common
vestibule;
(d)
Grouped Dwellings means two or more dwelling units which are contained in two
or more buildings designed to be part of a group of dwellings clustered on the same
lot;
(e)
Multiple Unit Dwelling means a building or part thereof, other than a converted
dwelling, consisting of three or more dwelling units;
(f)
Seasonal Dwelling means a cottage or secondary residence used for recreation,
rest or relaxation from time to time throughout any season of the year, but not used
or intended to be used for year-round occupancy or as a principal residence;
(g)
Semi-Detached Dwelling means a building that is divided vertically into two
dwelling units, each of which has an independent entrance;
(h)
Single Unit Dwelling means a building consisting of one dwelling unit which is
constructed wholly on the site from basic materials or from components
transported to the site, which is not intended or designed to be removed from the
site, and is freestanding, separate and detached from other main buildings or
structures;
(i)
Two Unit Dwelling means a completely detached building containing only two
dwelling units;
(j)
Townhouse Dwelling means a building that is divided vertically into three or more
dwelling units, each of which has independent entrances to a front and rear yard
immediately abutting the front and rear walls of each dwelling unit;
(k)
Triplex Dwelling means a building that is divided horizontally into three dwelling
units, each of which has an independent entrance directly or through a common
vestibule;
Dwelling Unit means one or more habitable rooms designed or intended to be used by one or
more individuals as a separate and independent housekeeping establishment in which separate
kitchen and sanitary facilities are provided for the exclusive use of the individual or individuals for
year-round occupancy as a primary residence, with a private entrance from outside of the building
or from a common hallway or stairway inside the building and may include a group home or small
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options home which serves 10 or fewer people but excludes a recreational cabin as defined in
the Nova Scotia Building Code Regulations and a home for special care. (Amendment 19-06 Effective
November 26, 2019) (Amendment 22-07 effective December 13, 2022)
Erect means to build, construct, reconstruct, alter or relocate and, without limiting the generality
of the foregoing, shall be taken to include any preliminary physical operation such as excavating,
grading, piling, cribbing, filling or draining, or structurally altering any existing building or structure
by an addition, deletion, enlargement or extension;
Existing means legally existing as of the effective date of this By-law;
Farm Market means a building or part thereof in which farm produce comprises the major portion
of goods offered or kept for sale directly to the public at retail value; where a farm market is
permitted in a resource zone as part of an agricultural operation, the majority of the farm produce
offered or kept for sale shall be grown or produced on farm property owned by the farm market
operator;
Fill means natural earth or material deposited on a lot to alter the land level and contour of the
lot;
Floor Area
(a)
With reference to a dwelling means the maximum area contained within the outside
walls excluding any private garage, porch, veranda, sunroom, unfinished attic,
basement or cellar or other room not habitable at all seasons of the year;
(b)
Commercial Floor Area means the total usable floor area within a building used
for commercial purposes but excludes washrooms, utility and mechanical rooms,
storage rooms and common malls between stores;
(c)
Gross Floor Area means the aggregate of the floor area of a building above or
below grade, measured between the exterior faces of the exterior walls of the
building at each floor level but excluding car parking areas within the building; and
for the purpose of this clause, the walls of an inner court shall be deemed to be
exterior walls;
Forestry and Related Activities means the growing and harvesting of trees for commercial
purposes together with the processing of the forestry products and, without limiting the generality
of the foregoing, shall include temporary uses such as portable sawmills, lumber yards and
equipment storage facilities and small-scale permanent structures such as saw mills and shingle
mills acquiring less than 2,270 cords (5,000 m3) of round wood from private woodlands per
calendar year;
Fuel Storage Depot means the bulk storage of petroleum gasoline, fuel oil, gas or inflammable
liquid or fluid legally and properly kept in a tank for storage;
Guest House means a building without kitchen facilities on the same lot as a country inn which
is used for the temporary accommodation of the travelling public;
Hazardous Material means a material which, by reason of its properties, is a hazard to health or
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to the environment and which is explosive, gaseous, flammable, poisonous, radioactive,
corrosive, oxidizing or leachable, or is designated as a hazardous material under federal or
provincial legislation;
Height means the vertical distance on a building between the established grade and:
(a)
the highest point of the roof surface or the parapet, whichever is the greater, of a
flat roof;
(b)
the deckline of a mansard roof; or
(c)
the mean level between eaves and ridges of a gabled, hip, gambrel or other type
of pitched roof;
but shall not include any construction used as ornament or for the mechanical operation of the
building, such as a mechanical penthouse, chimney, tower, cupola or steeple;
Home-Based Business means the accessory use of a dwelling by any resident of that dwelling
unit for gainful employment involving the production, sale, or provision of goods and services, on
a small scale;
Home for Special Care means facilities licensed under The Homes for Special Care Act or
successor legislation which serve 11 or more people; (Amendment 22-07 effective December 13, 2022)
Hospital means an institution for the treatment of persons afflicted with or suffering from sickness,
disease or injury;
Hotel means a building with six or more units that are internally accessible, with private
bathrooms, used to accommodate the travelling public for gain or profit, by supplying them with
sleeping accommodation, with or without meals;
Indoor Storage Facility means the accessory use of a building on a lot used for agricultural
purposes for the temporary commercial indoor storage of items including but not limited to
recreational vehicles, cars and boats; (Amendment 18-03 Effective December 25, 2018)
Institutional Use means a publicly or privately-owned or operated church, school, hospital, health
care facility, facility licensed under the Homes for Special Care Act, and any public use; (Amendment
22-07 effective December 13, 2022)
Interpretive Centre means an establishment that provides cultural or natural heritage information
to the public and may include accessory uses such as a tea room or other small restaurant, gift
shop and similar uses;
Kennel means a building or structure where four or more dogs over the age of six months are
kept, bred, boarded or trained, and may also include breeding and boarding facilities for cats, and
pet grooming, but shall not include a veterinary clinic or the retail sale of pet supplies;
(a)
Commercial Kennel means a kennel involving eight or more dogs;
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(b)
Hobby Kennel means a kennel accessory to a residential use involving fewer than
eight dogs;
Landscaped Open Space means the open space which is used for the growth and maintenance
of grass, flowers, shrubbery and other landscaping including any surfaced walk, patio and similar
area and not occupied by a building or used as a driveway or parking space;
Livestock Operation, Household means a livestock operation consisting of not more than eight
animal units which is accessory to the main use on a lot;
Livestock Operation, Intensive means an agricultural use in which a minimum of 20 animal
units are confined to a barn, feedlot or other facility for feeding, breeding, milking, holding for
eventual sale or egg production. Combinations of different types of livestock are allowed provided
the maximum number of animal units is not exceeded;
Livestock Operation, Non-Intensive means an agricultural use consisting of not more than 19
animal units. Combinations of different types of livestock are allowed provided the maximum
number of animal units is not exceeded;
Loading Space means an unencumbered area of land provided and maintained upon the same
lot or lots upon which the principal use is located and which:
(a)
is suitable for the temporary parking of one commercial motor vehicle while
merchandise or materials are being loaded or unloaded from such vehicle, and
such parking shall not be for the purpose of sale or display;
(b)
is not upon or partly upon any street; and
(c)
has adequate access to permit ingress and egress by means of driveways, aisles,
manoeuvring areas or similar areas, no part of which shall be used for the
temporary parking or storage of one or more motor vehicles;
Local Commercial is a small scale commercial operation that serves a relatively small market
area and is of a local nature and, without limiting the generality of the foregoing, may include
convenience stores and arts, crafts, antiques or personal service shops. For the purpose of this
By-law, local commercial uses may include other uses which have traditionally been considered
local commercial even though they may serve an extended market and which are compatible with
residential areas such as licensed day care centres, country inns, small restaurants or cafés,
offices and video stores;
Lot means a parcel of land described in a deed or as shown in a registered plan of subdivision;
(a)
Corner lot means a lot situated at the intersecting corner of two or more streets.
The shorter lot line shall be deemed the front line of the said lot;
(b)
Interior lot means a lot situated between two lots and having access to one street;
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(c)
Through lot means a lot bounded on two opposite
sides by streets provided, however, that if any lot
qualifies as being both a corner lot and a through
lot as hereinbefore defined, such lot shall be
deemed to be a corner lot for the purpose of this By
law;
(d)
Flag lot means a lot with a configuration that
resembles a fully outstretched flag at the top of a flag
pole and where the Apole@ portion of the lot contains
the required lot frontage; a lot with a Afoot@ at the
end of the pole that meets the frontage requirement
shall also be considered a flag lot;
Lot Area means the total horizontal area within the lot lines of a lot;
minimum lot area means the smallest allowable area a lot can be
created;
Lot Coverage means the percentage of the lot that is covered by buildings, also known as the
building footprint; maximum lot coverage means the largest allowable area that can be covered
by any building or buildings on a lot;
Lot Frontage means the length of a line between the two side lot lines measured at the front of
the lot; minimum lot frontage means the shortest allowable distance lot frontage can be measured
(see Section 5.5 Calculation of Lot Frontage);
Lot Line means a boundary line of a lot;
(a)
Exterior means a side lot line which abuts the street on a corner lot;
(b)
Front means the line dividing the lot from the streets; in the case of a corner lot,
the shorter boundary line abutting the street shall be deemed the front lot line and
the longer boundary line abutting the street shall be deemed the side lot line and
where such lot lines are of equal length, the front lot line shall be either of the lot
lines. In the case of a through lot, any boundary dividing the lot from a street shall
be deemed to be the front lot line. In the case of a lot served by a right of way
easement, the lot line nearest the street shall be deemed the front lot line;
(c)
Rear means the lot line furthest from or opposite to the front lot lines;
(d)
Side means a lot line other than a front or rear lot line;
Main Building means the building on a lot in which the principal use of the lot is carried out;
Main Wall means the exterior front, side or rear wall of a building, and all structural members
essential to the support of a fully or partially enclosed space or roof;
Manufactured Home means a dwelling unit manufactured in a factory and designed for
transportation after fabrication, whether on its own wheels or a trailer, which arrives at the site
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where it is to be occupied as a dwelling complete and ready for occupancy (except for minor
unpacking and assembling operations to place the building on an acceptable foundation), and
having a width of not more than 6 m (20 ft), but does not include a travel trailer or recreational
vehicle. Manufactured home includes a mobile home and a mini home, but does not include a
modular or sectional home transported in two or more sections and assembled on site;
Manufactured Home Park means a lot on which spaces are provided for more than one
manufactured home and includes any accessory service and recreation buildings, but does not
include camp grounds;
Manufactured Home Space means an area within a manufactured home park designated for
the accommodation of one manufactured home;
Microbrewery means a craft brewery or cidery primarily engaged in the production and
packaging of less than 15,000 hectolitres per year of specialty or craft beer, ale, cider or other
related beverages. The facility may include accessory uses such as retail sale, wholesale, tours
and events or hospitality room where beverages produced at the facility can be sampled;
(Amendment 19-14 effective December 10, 2019)
Microdistillery means a craft distillery primarily engaged in the production and packaging of less
than 75,000 litres per year of liquor and spirits, other than wine or beer. The facility may include
accessory uses such as retail sale, wholesale, tours and events or hospitality room where
beverages produced at the facility can be sampled; (Amendment 19-14 effective December 10,
2019)
Mini Home means a manufactured home incorporating a pitched roof;
Mobile Home means a manufactured home incorporating a bow-truss roof and designed for
transportation on its own frame;
Modular Home means a dwelling unit manufactured in a factory which is transported in two or
more sections and assembled on site;
Motel means a building or a group of buildings with three or more units, each with external access
and private bathrooms, used to accommodate the travelling public for gain or profit, by supplying
them with sleeping accommodation;
Municipality means the Municipality of the District of West Hants;
Non-Conforming means a use, building or structure or part thereof which does not conform or
comply with the permitted uses and regulations of this By-law as of the effective date;
Obnoxious Use means a use which, from its nature or operation creates a nuisance, pollution 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, Business means a building or part thereof in which one or more persons is employed in
the management, direction or conducting of a public or private agency, a business, a brokerage
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or a labour or fraternal organization including, but not so as to limit the generality of the foregoing,
an office accessory to a permitted non-residential use, a bank or other financial institution, the
premises of a real estate or insurance agency, a data processing establishment, a newspaper
publisher or a radio or television broadcasting station and related studios or theatres, but does
not include a retail store or a professional office;
Office, Professional means a building or part thereof in which a legal, medical or other personal
professional service is performed or consultation given including, but not necessarily restricted to,
a clinic and the offices of a lawyer, architect, surveyor, engineer or chartered accountant, but does
not include a personal service shop, a business office or a veterinary clinic;
Open Space means an area of land on a lot not covered by buildings or structures;
Open Storage means the outdoor storage of merchandise, goods or inventory of any kind,
materials, equipment or other items not intended for immediate sale;
Outdoor Display means the display of goods or merchandise in the open air which are available
for sale to the general public from a retail store on the same lot;
Park means an area reserved for passive recreational uses, with limited need for accessory
buildings or structures;
Parking Area means an open area containing parking spaces, other than a street, for two or more
motor vehicles, available for public use or as an accommodation for clients, customers or
residents and which has adjacent access to permit ingress or egress of motor vehicles to a street
by means of driveways, aisles or manoeuvring areas where no parking or storage of motor
vehicles is permitted;
Parking Space means a space, exclusive of driveways, ramps or aisles, to park one vehicle for
purposes other than the display or offering of sale of commodities;
Person includes an individual, association, firm, partnership, corporation, organization or group
and includes their legal representative;
Personal Service Shop means a building or part of a building in which persons are employed in
furnishing services and otherwise administering to the individual and personal needs of persons
and, without limiting the generality of the foregoing, may include the premises of a barber,
hairdresser, beautician, masseur, tailor, dressmaker and shoemaker, as well as a sun tanning
shop, a formal rental shop and depots for collecting dry cleaning and laundry, but excludes any
manufacturing or fabrication of goods for sale. The sale of merchandise shall be permitted only
as an accessory use to the personal service provided;
Pilaster means a rectangular column that usually projects about a third of its width from the wall
to which it is attached;
Planting Strip means an area of landscaped open space located immediately adjacent to a lot
line or portion thereof and on which is situated one or more of the following:
(a)
a continuous row of trees;
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(b)
a continuous hedge of evergreens or shrubs;
(c)
a berm;
(d)
a wall; or
(e)
an opaque fence;
arranged in such a way as to form a dense or opaque screen;
Post Office means a facility owned and operated by Canada Post Corporation for the purpose of
providing postal retail sales and services including counter and delivery services and may include
a sorting station;
Postal Outlet means an outlet owned and operated by an individual or corporation under a
specific agreement with Canada Post Corporation, for the purpose of providing postal retail sales
and services and, in some cases, limited delivery services to the general public;
Protected Watershed means a watershed designated as a Protected Water Area under the Nova
Scotia Environment Act;
Public Authority means any Ministry, Department, Authority, Board, Agency, Commission or
Committee of the Municipality of the District of West Hants established or exercising any power
or authority under any general or specific statute of Canada and Nova Scotia with respect to any
of the affairs or purposes of the municipality or a portion thereof and includes any committee or
local authority established by law of the municipality and any public utility;
Public Use means a use, building or structure of a public authority to provide a service to the
public;
Recreational Space means a space provided in common and exclusively for the occupants of a
building or part thereof in which or on which recreation uses are carried out;
Recreation Uses, Indoor means a wholly enclosed building used for the provision of sports and
recreation facilities including bowling alleys, curling rinks, climbing walls, fitness clubs, racquet
courts, gymnasia, indoor swimming pools, indoor skating rinks and other similar recreational
facilities and may include accessory uses such as pro shops, canteens and offices for fitness
professionals;
Recreation Uses, Outdoor means the use of land for parks, playgrounds, tennis courts, lawn
bowling greens, outdoor skating rinks, athletic fields, golf courses, driving ranges, picnic areas,
outdoor swimming pools, day camps, and similar uses to the foregoing together with necessary
and accessory buildings and structures but shall not include a track for the racing of animals, or
any form of motorized vehicles;
Recreational Vehicle means a licensed vehicle constructed to CSA standards that is capable of
being towed behind a motor vehicle or is self-propelled and is primarily designed as temporary
mobile accommodation for personal travel and recreation purposes; (Amendment 18-03 Effective
December 25, 2018)
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Recreational Vehicle Sales and Service means a building or lot used for the display, service,
sale or rental of motor homes, travel trailers, boats, snowmobiles, personal watercraft, all-terrain
vehicles or other similar recreational vehicles;
Recycling Depot means a collection site for materials in a municipal or provincial recycling
program but does not include a scrap or salvage yard;
Repair and Rental Establishment means a premise engaged in maintaining, repairing, installing
or renting articles and equipment for household and personal use such as radio and television,
refrigerator and air conditioning, appliances, watches, clocks, jewellery and upholstery and
furniture repairs;
Repair Shop, Vehicle and Machinery means a commercial establishment for the repair or
replacement of parts in automotive, farm or forestry vehicles, machinery or equipment;
Resource Use means the use of land for forestry, agriculture, land based aquaculture or mineral
use; (Amendment WHLUB 16-01 Effective July 5, 2016)
Restaurant means a building or part thereof where food and drink is prepared and served to the
public for consumption within the building or for take out but not for consumption in parking areas
appurtenant to the building;
(a)
Drive-through Restaurant means an establishment where food is served to the
public through a service window and may include an eat-in area.
Retail Store means a building or part thereof with a total commercial floor area of 20,000 ft2
(1,858.00 m2) or less in which goods, wares, merchandise, substances, articles or things are
offered or kept for sale directly to the public at retail value;
Retail Store, Large Format (Big Box Store) means a maximum of two retail commercial uses
in a single structure with a total commercial floor area greater than 20,000 ft2 (1,858.00 m2);
Riding Stable means an establishment where horses and ponies are boarded and cared for,
where instruction in riding may be offered or where the general public, for a fee, may hire horses
for riding;
Salvage Yard means any premise where used bodies or parts of automobiles, or used bodies or
parts of other vehicles or machinery, are placed, stored or kept; and a salvage yard under this
By-law is not limited to a salvage yard as defined by provincial legislation and it does not include
a scrap operation;
Scrap Operation means an area of land used for the storage, handling, processing and sale of
scrap materials including, but not limited to, scrap metal, tires, waste paper or rags, but shall not
include hazardous waste materials or a salvage yard;
Secondary Suite means a dwelling unit either within a dwelling unit or within an accessory
building on the same lot as the main dwelling unit and limited to a maximum of (1) 80% of the
total floor area of the dwelling unit if 80% is less than 862 sq. ft. (80 sq. m.) or (2) 862 sq. ft. (80
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sq. m.) or (3) greater as established in the National Building Code. (created by amendment File
#20-27 effective September 14, 2021) (As amended by File #22-13 January 10, 2023)
Self Storage Operations means a building or buildings consisting of small, self contained units
that are leased or owned for the storage of business and household goods or contractors=
supplies; (Amendment GC1LUB 11-01 Effective October 7, 2011)
Service Industry means any industry involved in the processing of milk and dairy products, a
bakery, a garage including engine and body repair shop, a printing establishment, a paint shop,
a plumbing shop, a sheet metal shop and similar uses;
Service Shop means an establishment, other than an automotive use, that provides a
non-personal service or craft to the public including, but not necessarily restricted to, a printer's
shop, a plumber's shop, a tinsmith's shop, a painter's shop, a carpenter's shop, an electrician's
shop, a welding shop, a blacksmith shop, a farrier's shop, an upholstery shop, a bakery, a dairy,
a catering establishment, a machine shop, or a monument engraving shop;
Setback means the distance between the street line and the nearest main wall of any building or
structure and extending the full width or length of the lot;
Shopping Centre, Local means two or more predominantly retail commercial uses with a total
commercial floor area of 20,000 ft2 (1,858.00 m2) or less that is designed, developed and
managed as a unit with shared parking facilities and which may or may not have enclosed
common walkways;
Shopping Centre, Regional means a group of three or more predominantly retail commercial
uses with a total commercial floor area greater than 20,000 ft2 (1,858.00 m2) that is designed,
developed and managed as a unit with shared parking facilities and which may or may not have
enclosed common walkways. Land uses that meet the definition of "large format retail store" are
not deemed to be a "shopping centre" for the purposes of this By-law;
Sign means any structure or device, whether illuminated or not, used to advertise or draw
attention to any product, place, person, business, institution, organization or event, including any
directional or way finding purpose;
(a)
Facial Wall Sign means a sign that is painted on, attached to or erected against a
wall of a building, with the face horizontally parallel to the building wall and with no
space between the back of the sign face and the building wall;
(b)
Ground Sign means a sign supported by one or more posts, poles, or braces
placed in or upon the ground;
(c)
Mobile Sign means a sign designed and intended to be moved from one site to
another and not permanently affixed to the ground or a building, but shall not
include the side, body or trailer of a commercial motor vehicle;
(d)
Projecting Sign means a sign that projects from and is supported by the wall of a
building;
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(e)
Sandwich Board Sign means a self supporting, two sided, A-frame style sign that
is not affixed to the ground;
Sign Face means the area of a sign upon which the message is placed;
Stacking Space means a portion of a parking area or a parking lot, other than a parking aisle or
a parking space, which provides standing room for a vehicle in a queue and, without limiting the
generality of the foregoing, this may include a queue for a drive-through business such as a drive-
through restaurant, a drive-through bank or a drive-through car wash;
Storey means that portion of a building between any floor and the floor, ceiling or roof next above,
provided that any portion of a building partly below grade level shall not be deemed a storey
unless its ceiling is at least 6 ft (1.83 m) above grade. Provided also that any portion of a storey
exceeding 14 ft (4.27 m) in height shall be deemed an additional storey for each 14 ft (4.27 m) or
fraction thereof of such excess;
Strategy means the Municipal Planning Strategy for the Municipality of the District of West Hants;
Street Line means the boundary line of a street;
Street, Highway or Road, Public means the whole and entire right of way of every highway,
road or road allowance vested in the Province of Nova Scotia or the Municipality;
(a)
Arterial Street or Road means a street designed to move large volumes of vehicular
traffic between major centres;
(b)
Collector Street or Road means a street designed to move vehicular traffic from
residential neighbourhoods to commercial and institutional areas and to arterial
streets;
(c)
Local Street or Road means a street designed to serve vehicular traffic in
residential neighbourhoods;
Street, Highway or Road, Private means any street or road which is not public shown on a plan
of subdivision, which:
(a)
has been approved by the Nova Scotia Department of Transportation and Public
Works or the Municipality; and
(b)
extends to and has access to a public street and where not totally located within
an area of land proposed to be subdivided, it shall have an easement for
right-of-way and access which is assignable and perpetual and which has been
clearly granted by deed, will, Crown grant or other registerable instrument,
registered in the Registry of Deeds for the Municipality;
Structure means anything that is erected, built, or constructed, or parts joined together or any
such erection, fixed to or supported by the soil or any other structure. A structure shall include
buildings, walls, signs and fences exceeding six feet in height;
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Support Service means a building or part of a building in which the primary function is to provide
services to industry or to businesses located in an industrial park and, without limiting the
generality of the foregoing, shall include copying, printing and micro-filming establishments, the
offices of an industry or of engineering, architectural, design and similar consultants, business
management, marketing and similar firms and manufacturers= agents, and building, equipment
and grounds maintenance companies;
Transport Depot means a premises used for the transfer of goods primarily involving loading
and unloading of freight-carrying vehicles and, secondarily, involving the storing, parking,
servicing and dispatching of freight-carrying vehicles;
Utility means a water works or water supply system, sewage works, electrical power or energy
generating, transmission or distribution system, street lighting system, natural or artificial gas
works or supply system, a transportation system or a telecommunications system, and includes
any lands, buildings or equipment required for the administration or operation of any such system;
Veterinary Clinic means a building or part thereof with or without related structures, wherein
animals of all kinds are treated or kept for treatment by a registered veterinarian;
Warehouse means a building where wares or goods are stored but does not include a retail store.
Warehouse also includes self storage operations as defined elsewhere in this Land Use By-law;
(Amendment GC1LUB 11-01 Effective October 7, 2011)
Water Frontage means the horizontal distance measured as a straight line between two points
where the side lot lines of a lot directly abutting a lake meet the shoreline of the lake;
Wholesale Establishment means a building or part of a building used for the selling of goods in
large bulk or quantity, for delivery or from the premises, to a person other than to the ultimate
consumer but does not include a retail store;
Winery means an establishment engaged in the production of wine less than 10,000 litres per
year and includes facilities on the same lot where wine may be blended, mixed, stored or
packaged and may include accessory uses such as retail sale, wholesale, tours and events or
hospitality room where beverages produced at the facility can be sampled; (Amendment 19-14
effective December 10, 2019)
Winery - Commercial means a manufacturing plant to which a permit has been issued by the
NSLC and where wine is manufactured or blended and bottled for sale to the NSLC or for export.
(Amendment 19-14 effective December 10, 2019)
Wind Farm means an array of two or more large wind turbines connected directly to the utility
grid;
Wind Turbine includes a windmill used for pumping water and a wind energy conversion system
consisting of a wind turbine, a tower and associated control or conversion electronics;
(a)
Small Wind Turbine means a wind turbine which has a rated capacity of not more
than 100 kW and which is intended primarily to reduce on-site consumption of utility
power;
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(b)
Large Wind Turbine means a wind turbine with a production capacity greater than
100 kW;
Woods Camp means a building or structure intended to provide basic shelter for a person or
group of persons engaged in hunting, fishing or other outdoor activities on an occasional or
seasonal basis in a remote location where electricity and municipal or community services are
not available. Such structure may be described as being of light frame construction with no
running water or electricity, not designed for residency and not satisfying the requirements for a
dwelling under the National Building Code;
Yard means an open, uncovered space on a lot appurtenant to a building (except a court) and
unoccupied by buildings or structures except as specifically permitted elsewhere in this By-law.
In determining yard measurements the minimum horizontal distance from the respective lot lines
shall be used;
(a)
Flanking Yard means the side yard of a corner lot that abuts the side street line;
(b)
Front Yard means a yard extending across the full width of a lot between the front
lot line and the nearest wall of any building or structure on the lot; minimum front
yard means the smallest allowable distance a front yard can be measured;
(c)
Rear Yard means a yard extending across the full width of a lot between the rear
lot line and the nearest wall of any building or structure on the lot; minimum rear
yard means the smallest allowable distance a rear yard can be measured;
(d)
Side Yard means a yard extending from the front yard to the rear yard of a lot
between the side lot line and the nearest wall of any building or structure on the
lot; minimum side yard means the smallest distance a side yard can be measured;
Zone means a designated area of land shown on the zoning map for which specific development
control regulations are applied.