Bridgetown Water Supply Land Use Bylaw

PART 1: TITLE, INTRODUCTION AND PURPOSE

1.1       This By-law shall be known as the "Bridgetown Water Supply Area Land Use By-law" for the Municipality of Annapolis County, referred to hereinafter as the Municipality, and this By-law shall apply to all the lands within the Bridgetown Water Supply Area, hereinafter referred to as the Planning Area or the Bridgetown Water Supply Planning Area, as defined by the Zoning Map, Schedule "A".

1.2       The Bridgetown Water Supply Area Land Use By-law is adopted in accordance with the Municipal Government Act. The purpose of the Bridgetown Water Supply Area Land Use By-law is to carry out the water supply watershed protection and land use development policies found in the Bridgetown Water Supply Area Municipal Planning Strategy and to establish regulations with respect to the use and development of land. The Municipal Government Act also enables the Municipality of the County of Annapolis to adopt a Subdivision By-law to control the division of land. These three documents provide the framework for water supply watershed protection and land development within the Bridgetown Water Supply Planning Area.

1.3       Regulations and standards that apply to development of or on a property are contained within this By-law as follows:

the Zoning Map (Schedule "A") to determine in which zone the property is located;
the requirements respecting the particular zone in which the property is located (Parts 9 through 11);
the general provisions section which applies to all zones (Part 7);
the generalized signage regulations (Part 8);
the definitions section to determine how specific developments or lot conditions are defined or applied to a development (Part 2);
the administration section to define permit requirements (Part 3);
throughout this Land Use By-law there are a number of “Notes to Readers”; these are for information and clarification purposes only, and do not form part of this By-law; and
property boundaries, shown on the Zoning Map (Schedule A); are continuously subject to change due to approvals of applications for subdivision of land and thus are included for information and clarification purposes only, and do not form part of this By-law.

PART 2: DEFINITIONS

For the purpose of this By-law, all words shall carry their customary meaning except for those defined in this PART.

ACCESSORY BUILDING means a subordinate building or structure on the same lot as the main building, devoted exclusively to an accessory use.

ACCESSORY USE means a use subordinate and naturally, customarily and normally incidental to and exclusively devoted to a main use of land or building and located on the same lot.

AGRICULTURAL USE means the small-scale non-intensive use of land, buildings or structures for agricultural use accessory to a residential use developed for the primary purpose of home use or consumption but shall not include commercial riding stables, animal kennels/grooming salons or petting farms or the manufacturing, processing, packing, storing or treating of agricultural products but shall include the limited for-gain sale, on-premises or off-premises, of product grown or raised on the premises of the agricultural use accessory to the residential use.

ALTER means any change in the structural component/increase in volume of a building or structure or a change in the use of land, a building or structure.

ARTIST WORKSHOP means an accessory use of a residential dwelling by the occupant of the residential dwelling for the production of artist’s works/products including the exhibition/display and retail sales of the occupant of the residential dwelling paintings, sculpture or other works of art.

ATTACHED means a building otherwise complete in itself, which depends, for structural support or complete enclosure, upon a division wall or walls shared in common with an adjacent or abutting building.

BUILDING means any structure, including appurtenant structures such as a carport, deck, balcony or verandah, temporary or permanent, used or built for the accommodation or enclosure of persons, animals, materials or equipment.

BUSINESS OFFICE means an accessory use of a residential dwelling where business may be transacted, a service performed or consultation given by the occupant of the residential dwelling, all of which may be performed either on-site or off-site, excluding veterinary clinics or the on-site manufacturing of any product or the on-site retailing or selling of goods.
BY-LAW means this By-law, which is the Bridgetown Water Supply Area Land Use By-law for the Municipality of the County of Annapolis.

CAMPGROUND means an area of land used for the temporary accommodation of recreation vehicles, tents and trailers used for travel, recreation, and vacation purposes but does not include a mobile home park;

CLERK means Municipal Clerk for Municipality of the County of Annapolis.

CRAFT WORKSHOP means an accessory use of a residential dwelling by the occupant of the residential dwelling for the production of handicrafts, toys, garden or household ornaments or personal effects from dressmaking/tailoring, leather-working, pottery/ceramic-making, wood-working, quilting, crocheting, knitting, needlepoint, weaving or sewing including the exhibition/display and retail sales of such handicrafts, toys, garden or household ornaments or personal effects.

COUNSELLING OFFICE means an accessory use of a residential dwelling by the occupant of the residential dwelling for the provision of counseling/consultation services intended to administer to the individual and personal needs of human beings such as counseling/consultation in career counseling, marriage, family or individual counseling, credit and debit counseling, diet control counseling or mental health services excluding the on-site manufacturing/fabrication of any products/goods but including the retail sales of products/goods incidental or related to the consultation given.

DEVELOPMENT includes any erection, construction, reconstruction, enlargement, alteration, location, placement, replacement, or relocation of, or addition to, a structure and a change, conversion or alteration in the use made of land, buildings or structures.

DEVELOPMENT OFFICER means the Development Officer for Municipality of the County of Annapolis appointed to administer this By-law.

DOMESTIC AND HOUSEHOLD ARTS means an accessory use of a residential dwelling by the occupant of the residential dwelling for the provision of dressmaking/tailoring, leather-working or sewing services.

DWELLING means a building or a portion thereof, occupied or capable of being occupied as a home, residence or sleeping place by one or more persons, containing one dwelling unit and does not include a travel trailer or other recreation vehicle.
DWELLING, SINGLE DETACHED means a building consisting of one dwelling unit which is constructed wholly on the site from basic materials, not intended or designed to be removed from the site, and is free standing, separate and detached from other main buildings or structures; or a building consisting of one dwelling unit which is relocated to the site or constructed from components transported to the site and includes prefabricated homes, manufactured homes, mini homes and mobile homes.

DWELLING UNIT means one or more habitable rooms designed, occupied or intended for to be used by one or more individuals as a separate and independent housekeeping place in which cooking, sleeping, and sanitary facilities are provided for the exclusive use of such individual or individuals. For the purposes of this By-law, sanitary facilities may either be located within the dwelling or external of the dwelling within an accessory building.

EASEMENT means an easement for right-of-way and access that is assignable and perpetual and has been clearly granted by deed, registered in the Registry of Deeds.

ERECT means to build, place, locate, 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, 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.

FLOOR AREA means the maximum floor area contained within the outside walls of a building or structure. FLOOR AREA of a dwelling means the maximum floor area contained within the outside walls of a dwelling excluding any unenclosed additions such as a carport, deck, verandah and a crawl space or roof space.

GROUND FLOOR means the first floor of a building above established grade. GROUND FLOOR AREA means the maximum floor area contained within the outside walls of the ground floor of a building excluding any unenclosed additions such as a carport, deck, balcony or verandah.

HEIGHT means, when used with reference to a building, the vertical distance between the established grade and the highest point of the building proper, exclusive of any accessory roof construction such as a chimney or steeple.

HOME OCCUPATION means the accessory use of a residential dwelling by the occupant of the residential dwelling for gainful employment involving the production, sale or provision of goods and/or services, where applicable, by the occupant of the residential dwelling on a small scale.

HOME INSTRUCTION STUDIO means an accessory use of a residential dwelling by the occupant of the residential dwelling for the instruction in painting, sculpturing, moulding, dance or music including instruction in handicraft production, dressmaking/tailoring, leather-working, pottery/ceramic-making, wood-working, quilting, crocheting, knitting, needlepoint, weaving or sewing or computer/electronics repair/operation.

HOUSEHOLD ARTICLE REPAIR SHOP means an accessory use of a residential dwelling by the occupant of the residential dwelling for the repair of household articles such as electronic home entertainment equipment, televisions or household appliances.

LANDSCAPING means any combination of natural living trees, shrubs, flowers or grass designed to screen between properties, to enhance a property’s visual amenity or to provide sedimentation and/ or erosion control.

LOT means any parcel of land described in deed by its boundary lines.

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 a main building also known as ground floor area. Maximum lot coverage means the largest allowable area that can be covered by a main building on a lot.

LOT FRONTAGE means the length of a line between and joining the two side lot lines measured at the front of the lot parallel to the front lot line.

LOT LINE means a boundary line of a lot. FRONT LOT LINE means the lot line dividing the lot from the street; in the case of a corner lot, the shorter lot line abutting the street; in the case of a through lot, the lot line abutting the street providing the primary access; and in the case of a lot with no street frontage, the lot line which most closely parallels the nearest street line or right-of-way where access is provided. REAR LOT LINE means the lot line furthest from or opposite the front lot line. SIDE LOT LINE means a lot line other than a front or rear lot line.

MAIN BUILDING means the building where the principal lot use is carried out.

MUNICIPALITY means the Municipality of the County of Annapolis.

OBNOXIOUS means a use that by its nature or operation creates a nuisance or is offensive by the creation of noise or vibration, or by reason of the emission of gas, fumes, dust or objectionable odour, or by reason of unsightly storage of goods, wares, materials, salvage, refuse, waste or other material.

OUTDOOR DISPLAY means an area of land where goods or merchandise are displayed in the open air which are available for sale to the general public from a retail store located on the same lot. OUTDOOR STORAGE means the storage of items such as merchandise, goods, inventory of any kind; materials, equipment or other items are stored in the open airs that are not intended for immediate sale.

PASSIVE RECREATION USES means the use of land for day use parks, playgrounds, trails, open space and similar uses to the foregoing, together with any necessary and accessory buildings and structures, excluding buildings, structures or facilities for the overnight accommodation or enclosure of persons or animals.

PERSON includes an individual, association, firm, partnership, corporation, incorporated company, organization, trustee or agent and the heirs, executors or other legal representatives to whom the context applies according to law.

PERSONAL GROOMING SHOP means an accessory use of a residential dwelling by the occupant of the residential dwelling for the provision of services intended to administer to the individual and personal grooming needs of human beings such as a barber shop, a beauty parlour or a hairdressing salon, including counseling in respect of such grooming excluding the on-site manufacturing/fabrication of any products/goods but including the retail sales of products/goods incidental or related to the personal grooming shop.

PERSONAL SERVICE CLINIC means an accessory use of a residential dwelling by the occupant of the residential dwelling for the provision of services intended to administer to the individual and personal medical/dental needs of human beings such as a dentist, chiropractor, denturist, chiropodist, optometrist, physician, occupational therapist, message therapist or holistic or homeopathic health services practitioner including the retail sales of products/goods incidental or related to the personal service clinic.
PRIMARY FORESTRY OPERATION means the use of land, but not buildings or structures, for commercial silviculture or the cultivation, harvesting or gathering of trees for the purpose of producing wood products such as furniture, fuel wood, construction lumber, pulpwood, or other forest products, but shall not include the manufacturing or processing of such wood products.

PROFESSIONAL OFFICE means an accessory use of a residential dwelling where business may be transacted, a service performed or consultation given, either on-site or off-site, by the occupation of the residential dwelling such as a lawyer, architect, land use planner, engineer, surveyor, accountant or similar profession, excluding the on-site manufacturing/fabrication of any products/goods but including the retail sales of products/goods incidental or related to the service performed or consultation given.

PLANNING AREA means all the lands within Bridgetown Water Supply Planning Area, as defined by the Zoning Map, Schedule "A".

PRIVATE ROAD means a private road as defined in the Subdivision By-law for the Municipality of the County of Annapolis.

PUBLIC AUTHORITY means any person or committee of the Municipality appointed or established to exercise any power or authority under any general or specific statute of Nova Scotia with respect to any of the affairs or purposes of the Municipality or a portion thereof and includes any committee or authority established by a By-law of the Municipality, and any governmental body.

PUBLIC STREET OR ROAD means a public street or public highway as defined in the Subdivision By-law for the Municipality of the County of Annapolis.

RIGHT-OF-WAY means an easement for right-of-way and access that is assignable and perpetual and has been clearly granted by deed, registered in the Registry of Deeds.

SECONDARY FORESTRY PRODUCT PROCESSING OPERATION means the use of land, buildings or structures for the processing of harvested or gathered of hardwood or softwood trees for the production of wood products such as fuel wood, construction lumber, pulpwood for paper manufacturing or the production of secondary wood products such as pallets, hardwood flooring, wall panelling and other hardboard products such as pegboard or siding.
SIGN means any structure or device, illuminated or not, or natural object including the ground itself, or any part thereof, or any structure or device attached thereto, or painted or represented thereon, used to identify, advertise, draw attention to or attract attention to any product, person, place, activity, event, institution, organization, firm, group, commodity, profession, enterprise, industry, or business, which displays or includes any letter, word, model, number, banner, flag, pennant, insignia, device or representation used as an announcement, direction, or advertisement intended to be seen from on and/or off the premises including a sign inside a building or structure intended to viewed from outside the building or structure.

STRATEGY means the Bridgetown Water Supply Area Municipal Planning Strategy.

STREET LINE means the boundary line of a provincial or municipal public street or highway or private road.

STRUCTURE means anything that is erected, built, or constructed of parts joined together or any such erection fixed to or supported by the soil or by any other structure.

TRAIL means the recreational use of land for hiking, walking, cross-country skiing or horseback riding, or other similar forms of non-motorized travel, together with any necessary and accessory structures such as boardwalks, raised footpaths and footbridges.

UTILITY means any public or private system, works, plant equipment or service that is regulated by the Nova Scotia Utility and Review Board and furnishes services at approved rates to or for the use of the general public.

WATER FEATURE means any lake, pond, river, stream, ocean, and wetland area such as a bog, fen, marsh, swamp or any other body of water and includes a watercourse.

YARD means an open, uncovered space on a lot appurtenant to a building and unoccupied by buildings or structures between the nearest wall of any main building on the lot and its respective lot line. In determining yard measurements the minimum horizontal distance from the respective lot lines shall be used.

YARD, FRONT means a yard extending across the full width of a lot between the front lot line and the nearest wall of any main building on the lot. Minimum front yard means the minimum depth allowed by this By-law of a front yard on a lot between the front lot line and the nearest wall of any main building on the lot.

YARD, REAR means a yard extending across the full width of a lot between the rear lot line and the nearest wall of any main building on the lot. Minimum rear yard means the minimum depth allowed by this By-law of a rear yard on a lot between the rear lot line and the nearest wall of any main building on the lot.

YARD, SIDE 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 main building on the lot. Minimum side yard means the minimum width allowed by this By-law of a side yard on a lot between the side lot line and the nearest wall of any main building on the lot.

ZONE means a designated area of land shown on the Zoning Map (Schedule "A") for which specific development control regulations are applied.

PART 3: ADMINISTRATION

3.1       The Development Officer shall administer this By-law.

DEVELOPMENT PERMIT

3.2       (a)       Unless otherwise stated in this By-law, no person shall undertake a

                        development on a lot within the Planning Area without first obtaining a

                        development permit from the Development Officer.

The Development Officer shall only issue a development permit in conformance with this By-law or an approved development agreement except where a variance is granted or in the case of non-conforming use or structure in which case a permit shall be granted in conformance with the Municipal Government Act.
A development permit issued under this By-law shall automatically lapse, and become null and void, if the development to which it relates has not commenced within 12 months of the permit approval date.
The Development Officer may revoke a development permit issued under this By-law where the Development Officer is satisfied that the development permit was issued under false or mistaken information or if the information provided on the development permit application is found to be inaccurate.
Notwithstanding that a development may not require a development permit, the development is not exempt from compliance with all other requirements of this By-law.

NO DEVELOPMENT PERMIT REQUIRED

3.3 Unless otherwise stated in this By-law, subject to Part 3 (2) (e), no development permit shall be required for:

swimming pools or the erection of a fence accessory to a swimming pool as required by the Swimming Pool Fencing By-law;
a development that involves the interior or exterior renovation of a building that will not change the shape of the building or increase its volume or footprint, will not add more dwelling units or otherwise intensify the use of the building, or will not involve a change in the use of the building;
a fence, except for a fence required to enclose an agricultural animal holding area as set out in Part 7.25 (d) of this By-law;
a sign, flag, pennant or banner as set out in Part 8 of this By-law;
the erection of a clothes or flag pole, garden trellis, home use satellite receiving dish or communication/receiving antenna per Part 7.24(d);
the development or redevelopment of any private or public utility or municipal service facility as set out in Part 7.7 of this By-law;
the development of a government owned, operated or maintained water extraction, water treatment, water storage, or storm water management facilities as set out in Part 7.6 (a) of this By-law;
accessory buildings or structures under 6 square metres (64.6 sq. ft.) in total floor area as per Part 7.24(b); or
handicap access ramps accessory to residential use per Part 7.24(g);
temporary hunting blinds as per Part 7.26.

APPLICATION FOR DEVELOPMENT PERMIT

3.4 (a) Every application for a development permit shall be accompanied by a

sketch or site plan drawn to an appropriate scale, showing:

the shape and dimensions of the lot to be used;
the distance from the lot boundaries, dimensions, and height of the building or structure proposed to be erected;
the distance from the lot boundaries and size of every building or structure already erected on the lot, and the approximate location of buildings or structures on abutting lots;
the proposed location and dimensions of any parking or loading area, driveway, ingress and egress points and landscaped area;
the proposed use of the lot and each building or structure;
where applicable, a vegetative cover plan identifying the type and percentage of existing natural living vegetation on the property within the water feature setback;
where applicable, a vegetative cover plan identifying the type and percentage of proposed natural living vegetation to be planted on the property within the water feature setback;
where applicable, a slope analysis plan and/or a site grading and/or drainage plan; and
any other information which the Development Officer deems necessary to determine whether or not the proposed development conforms with the requirements of this By-law.

(b) Where the Development Officer is unable to determine if the proposed development conforms to this By-law, the Development Officer may require that the plans submitted under Part 3.4(a) be based upon an actual plan of survey certified/stamped by Nova Scotia Land Surveyor.

SIGNATURE FOR APPLICATIONS

3.5       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 by the registered owner of the lot to act for or on behalf of the registered owner.

APPLICATION FEE

3.6       Every application for a development permit, a land use by-law amendment, a development agreement, an amendment to an existing development agreement, site plan approval or a variance shall be accompanied by a form of payment acceptable to the Municipality in the amount specified by Municipal Council, as amended from time to time.

ADVERTISING AND NOTIFICATION COSTS

3.7       (a)       Where an application to amend this By-law or to enter into a

development agreement or to amend an existing development agreement is made, the applicant shall deposit with the Clerk, at the time of application, an amount established by the Clerk to be sufficient to pay the costs of all advertising and notification required.

If the amount paid is not sufficient to cover the costs incurred, the applicant shall pay to the Clerk the additional amount required.

If the amount paid is more than sufficient, the Clerk shall refund the excess amount.

Where Council decides not to proceed with the application, the deposit shall be returned to the applicant, less the cost of any incurred advertising or notification cost.

Where the applicant withdraws the application, the deposit shall be returned to the applicant, less the cost of any incurred advertising or notification cost.

USE OF THE METRIC SYSTEM

3.8       Throughout this By-law the metric system of measurement has been used followed by the approximate Imperial equivalents in brackets. Should any case arise in which there appears to be a discrepancy between the two figures, the metric figure shall prevail.

NOTICE TO PROPERTY OWNERS

3.9       (a)       When an application has been received to amend this By-law for a

site-specific purpose, enter into a development agreement, or amend an existing development agreement, all property owners within 100 metres (328 feet) of the subject property shall be notified of the application by the Clerk.

(b)       The notification set out in Part 3.9 (a) shall be in addition to the advertisement for the public meeting or the public hearing required by the Municipal Government Act and shall be delivered to all affected property owners by regular mail or personal service prior to the public meeting held in conjunction with the Planning Advisory Committee meeting.

EFFECTIVE DATE OF BY-LAW

3.10    In accordance with Section 208 (10) of the Municipal Government Act this By-law shall take effect on the date of publication, hereinafter referred to as the effective date of the Bridgetown Water Supply Area Land Use By-law.

NOTES TO READER

Sections 208 (9) & (10) of the Municipal Government Act sets out that for the purposes of the Act, planning documents come into effect upon the date a notification is published in a newspaper circulating in the Municipality informing the public that the municipal planning strategy and its implementing land use by-law is in effect. This date is called the effective date.

The date of publication of the Bridgetown Water Supply Area Municipal Planning Strategy and the Bridgetown Water Supply Area Land Use By-law coming into effect is the 2nd day of April 2003, hereinafter referred to as the effective date.

PART 4: ZONES, ZONING MAPS AND MUNICIPAL PLANNING

STRATEGY DESIGNATIONS

ZONES

4.1       For the purpose of this By-law, the Bridgetown Water Supply Planning Area is divided into the zones, indicated in the list below, the boundaries of which are shown on the attached Zoning Map, Schedule "A". Such zones may be referred to by the corresponding symbols indicated opposite the zone name as shown below.

ZONES                                                              SYMBOL

Conservation                                                          BC

Provincial Park                                                       BP

Rural Residential                                                    BR-1



ZONING MAP

4.2       Schedule "A" is the "Zoning Map" and forms part of this By-law. However, property boundaries, also known as lot lines, shown on the Zoning Map (Schedule A) are continuously subject to change due to approvals of applications for subdivision of land and thus are included for information and clarification purposes only, and do not form part of this By-law.

ZONES NOT ON THE MAP

4.3       The Zoning Map of this By-law may be amended, in conformance with the Bridgetown Water Supply Area Municipal Planning Strategy, to use any zone in this By-law, regardless of whether or not such a zone had previously appeared on the Zoning Map.

MUNICIPAL PLANNING STRATEGY DESIGNATIONS

4.4       References in this By-law to areas designated on the Future Land Use Map in the Bridgetown Water Supply Area Municipal Planning Strategy are indicated by the identifier "MPS FLUM Bridgetown Water Supply Area”.

PART 5:        INTERPRETATION

INTERPRETATION OF ZONE BOUNDARIES AND SYMBOLS

5.1       The symbols used on the Zoning Map refer to the corresponding zones established in this By-law. The extent and boundaries of zones are shown on the Zoning Map and the requirements of this By-law shall apply to all zones. The boundaries between zones shall be determined as follows:

where a zone boundary is indicated as following a provincial or municipal public street or highway or private road the boundary shall be the centre line of such unless otherwise indicated;
where a zone boundary is indicated as approximately following lot lines the boundary shall follow the lot lines;
where a railroad or railway right-of-way, electrical transmission line right-of-way, or watercourse shown on the 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;
where none of the above apply, and where appropriate, the zone boundary shall be scaled from the Zoning Map;

INTERPRETATION OF CERTAIN WORDS

5.2       In this By-law, words used in the present tense include the future; words in the singular number include the plural; words in the plural include the singular 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

5.3       In this By-law, any use not listed as a permitted use in a zone is prohibited in that zone unless otherwise indicated. 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.

SCHEDULES

5.4       All schedules attached hereto or included herein form an official part of this By-law. Parts identified as “Notes to Readers”; are for information or clarification purposes only, and do not form an official part of this By-law.

PART 6:        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 Bridgetown Water Supply Area Municipal Planning Strategy.

Type of Development Governing MPS Policy

The development of home occupations limited to

artist workshops, business offices, craft workshops, 2.3.2

counseling offices, domestic and household arts,

home instruction studios, household article

repair shops, personal grooming shops, personal

service clinics and professional offices within the

Rural Residential (BR-1) Zone provided that the dwelling

is occupied as the residence of the operator of the

home occupation, the home occupation is wholly

contained within the dwelling, any accessory buildings

or structures, or any part thereof, are limited to

storage purposes in connection with, or accessory

to the operation of the home occupation and there

is no outdoor storage or outdoor display associated

with, used in connection with or accessory to the

operation of the home occupation

DEVELOPMENT PERMITS FOR DEVELOPMENT AGREEMENTS

6.2 A development permit may be issued for a development listed in Part 6.1, pursuant to the Municipal Government Act, provided:

the development agreement has been approved by Municipal Council;
the appeal period has lapsed or any appeals that may have been lodged have been dealt with by the Nova Scotia Utility and Review Board and the ruling was in favour of the development; and

(c)        the development conforms to the terms and conditions of the development agreement.

PART 7:        GENERAL PROVISIONS FOR ALL ZONES

LICENSES, PERMITS AND COMPLIANCE WITH OTHER BY-LAWS

7.1         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 or approval required by this or any other By-law of the Municipality or any regulation of the Province or the Government of Canada.

Where the requirements in this By-law conflict with those of any other By-law of the Municipality, or regulation of the Province of Nova Scotia or the Government of Canada, the higher or more stringent provision shall prevail.

FRONTAGE ON STREET

7.2       No development permit shall be issued unless the lot intended to be used or upon which the building or structure is to be erected abuts and fronts upon a municipal or provincial public street or highway or private road, except for the special circumstances set out in Parts 7.6, 7.7, 7.13 and 7.26 of this By-law.

MULTIPLE USES

7.3       Where any land, building or structure is used for more than one purpose the requirements of this By-law shall be interpreted so that the highest or most restrictive of each standard required for each single use included in the development will be required.

RESTORATION TO A SAFE CONDITION

7.4       Nothing in this By-law shall prevent the restoration to a safe condition of any building or structure, except in the case of a non-conforming use where the provisions of the Municipal Government Act shall prevail.

BUILDING TO BE MOVED

7.5       No building or structure shall be moved into or within the Bridgetown Water Supply Planning Area without first obtaining a development permit.

WATER FEATURE PROTECTION

7.6       (a)       Notwithstanding anything else in this By-law, except for government

owned, operated and maintained water extraction, water treatment, water storage, storm water management facilities, roads, trails or bridges, for which a development permit is not required, no building or structure shall be erected within a water feature setback on a lot in accordance with the following requirements:

within the Conservation (BC) Zone, no building or structure shall be erected within 75 metres (246.06 feet) of the edge of the shoreline of any water feature; or

within the Provincial Park (BP) Zone, no building or structure shall be erected within 30 metres (98.43 feet) of the edge of the shoreline of any water feature; or

within the Rural Residential (BR-1) Zone, no structure shall be erected within 30 metres (98.43 feet) of the edge of the shoreline of any water feature.

For the purposes of landscaping, buffering, sedimentation and/or erosion control, in connection with a development, except in relation to the development of those uses specified in Part 7.6 (a), within a water feature setback on a property the existing natural living vegetation shall be retained in accordance with the following requirements:

within the Conservation (BC) Zone, an area of existing natural living vegetation surrounding a water feature shall be retained on the property a distance of 75 metres (246.06 feet) back from the edge of the shoreline of the water feature; or

within the Provincial Park (BP) Zone, an area of existing natural living vegetation surrounding a water feature shall be retained on the property a distance of 30 metres (98.43 feet) back from the edge of the shoreline of the water feature; or

within the Rural Residential (BR-1) Zone, an area of existing natural living vegetation surrounding a water feature shall be retained on the property a distance of 30 metres (98.43 feet) back from the edge of the shoreline of the water feature.

For the purposes of subsection (b) of this Part, the minimum natural living vegetative cover to be retained on the lot within the water feature setback shall be determined on the basis of the following table:

% Slope	Natural Vegetative Cover (%)	Minimum % trees	Minimum % shrubs	Minimum % grasses
0 - 2	60	30	30	30
2 - 5	75	40	40	40
5+	90	60	60	60

For the purposes of landscaping, buffering, sedimentation and/or erosion control, in connection with a development, excepting the development of those uses specified in Part 7.6 (a), where the natural living vegetation within the water feature setback on the lot has been removed or previously disturbed:

within the Conservation (BC) Zone, an area of natural living vegetation shall be planted on the property a distance of 75 metres back from the edge of the shoreline of a waterfeature; or

within the Provincial Park (BP) Zone, an area of natural living vegetation shall be planted on the property a distance of 30 metres back from the edge of the shoreline of a waterfeature; or

within the Rural Residential (BR-1) Zone, an area of natural living vegetation shall be planted on the property a distance of 30 metres back from the edge of the shoreline of a waterfeature.

For the purposes of this subsection (c) of this Part, the minimum natural living vegetative cover to be planted on the lot within the water feature setback shall be determined on the basis of the following table:

% Slope	Vegetative Cover (%)	Minimum % Trees	Minimum % Shrubs	Minimum % Grasses
0 - 2	60	25	25	25
2 - 5	75	25	40	25
5+	90	25	50	15

Note: At the time of planting, natural living trees shall be a minimum of 1 metre (3.3 feet) in height, and natural living shrubs shall be a minimum of 0.5 metres (1.64 feet) in height.

For the purposes of erosion and sedimentation control, in relation to a development, except in relation to the development of those uses specified in Part 7.6 (a):

within the Conservation (BC) Zone, no person shall alter land levels, excavate land, fill land, place fill or remove soil from any land within 75 metres (246.06 feet) of the edge of the shoreline of any water feature; or

within the Provincial Park (BP) Zone, no person shall alter land levels, excavate land, fill land, place fill or remove soil from any land within 30 metres (98.43 feet) of the edge of the shoreline of any water feature; or

within the Rural Residential (BR-1) Zone, no person shall alter land levels, excavate land, fill land, place fill or remove soil from any land within 30 metres (98.43 feet) of the edge of the shoreline of any water feature.

Notwithstanding Part 7.6 (d), where the natural living vegetation within the water feature setback on the lot has been removed or previously disturbed and the reinstatment of the natural living vegetation, as set out in Part 7.6 (d), necessatates the placing of soil or fill on the property within a water feature setback, no person shall place soil or fill on any lands within a protected water feature setback without first submitting a site grading and drainage plan and receiving approval for such.

Where applicable, the water feature setback distance requirement of Part 7.6 (a) may overlap and include any applicable minimum front, rear or side yard distance requirement. However, where applicable, the requirements set out in Parts 7.6 (a) to and including (e) of this By-law shall apply to the applicable overlapped or included yard of the lot.

PUBLIC AND PRIVATE UTILITIES AND MUNICIPAL SERVICE FACILITIES

7.7       Public or private utilities and service facilities provided by the Municipality such as, but not limited to, sewage treatment plants, pumping stations, public transit facilities, solid waste transfer stations shall be permitted in any zone, but shall not be permitted within the water feature setback as required in Part 7.6 of this By-law, and no development permit shall be required.

ALTERING OF LEVELS OF LAND

7.8       In addition to Parts 7.6 (d) & (e), in relation to a development, no person shall alter land levels outside of a protected water feature setback on a lot within the Planning Area by the filling or excavation of land without first submitting a site grading and drainage plan and receiving approval for such.

EROSION AND SEDIMENTATION CONTROL

7.9       Erosion and sedimentation controls shall be required to be implemented during the construction of any development in the Bridgetown Water Supply Planning Area. Erosion and sedimentation controls shall include the control, disposal or runoff of water containing suspended material or other harmful substances with the use of siltation fences, sedimentation ponds, diversion ditches, silt curtains, sedimentation blankets, slope stabilization and the like, in accordance with the Nova Scotia Department of Environment and Labour Erosion and Sedimentation Control Handbook for Construction Sites.

BUILDINGS TO BE ERECTED ON A LOT

7.10    No person shall erect more than one (1) main building on a lot except for:

buildings located in the Conservation (BC) Zone;
buildings located in the Provincial Park (BP) Zone; or
developments related to governmental water management related facilities as set out in Part 7.6 of this By-law; or
developments related to public or private utilities or service facilities as set out in Part 7.7 of this By-law.

HEIGHT REGULATIONS

7.11 The height regulations of this By-law shall not apply to a lightening rod, water tank, power transmission pole or tower, flagpole, home television or radio antennae, telecommunications tower, roof top cupola, skylight, chimney, fire tower, solar collector, satellite receiving dish or wind powered generator.

The height of a building or structure shall be calculated by determining the vertical distance of a building or structure between the established grade and the highest point of a roof or a parapet, whichever is greater, of a flat roof; the deckline of a mansard roof; or the mean level between the eaves and ridges of a gabled, hip, gambrel or other type of pitched roof.

TEMPORARY CONSTRUCTION USES PERMITTED

7.12    The temporary use of land, buildings or structures or the temporary erection of a building or structure, which are incidental to construction shall be permitted provided that a development permit has been issued for the main construction project and the temporary building, structure or use does not remain in place for more than thirty (30) days after the main construction project is completed or discontinued for a period of sixty (60) days.

TEMPORARY FORESTRY TRAILERS AND SAWMILLS PERMITTED

7.13    The use, erection or placement of a temporary forestry trailer or a portable sawmill, incidental to a forestry operation in progress, shall be permitted in the Conservation (BC) Zone or the Rural Residential (BR-1) Zone on a lot with or without frontage on a municipal or provincial public street or highway or private road, provided that the temporary forestry trailer or portable sawmill does not remain in place for more than thirty (30) days after the forestry operation has ceased, completed or discontinued and provided a development permit has been issued for a temporary forestry trailer or the portable sawmill.

TEMPORARY OR SPECIAL USES

7.14    Except for the special circumstances set out in Parts 7.12 and 7.13 of this By-law, no temporary buildings or structures related to special occasions such as, but not limited to, midways, fairs, garden parties, concerts or festivals shall be permitted to be erected in any zone within the Planning Area.

EXPANSION OF EXISTING MAIN BUILDINGS AND NONCONFORMING YARDS

7.15    Unless otherwise provided for in this By-law, a main building erected on or before the effective date of this By-law within the Conservation (BC) Zone, the Provincial Park (BP) Zone or the Rural Residential (BR-1) Zone which does not meet the requirements of this By-law respecting minimum yard distances or setbacks or a main building erected on or before the effective date of this By-law in the Conservation (BC) Zone, the Provincial Park (BP) Zone or the Rural Residential (BR-1) Zone on a existing lot which does not meet the requirements of this By-law with respect to minimum lot frontage or minimum lot area may be enlarged, reconstructed, repaired or renovated provided the said development does not further reduce the setback or yard distance that does not conform to this By-law; and all other applicable requirements of this By-law are satisfied.

EXISTING UNDERSIZED LOTS

7.16    Notwithstanding the minimum lot area requirements set out in Part 9.2 or 10.2 of this By-law, a lot in existence on or before the effective date of this By-law in the Conservation (BC) Zone or the Provincial Park (BP) Zone, having less than the minimum lot area required by this By-law, may be used for a purpose permitted in the Conservation (BC) Zone or the Provincial Park (BP) Zone and a building may be erected on said lot provided that all other requirements of this By-law are satisfied.

REDUCED LOT FRONTAGE REQUIREMENTS FOR EXISTING LOTS

7.17    Notwithstanding the minimum lot frontage requirements of this By-law, a lot in existence on or before the effective date of this By-law having some frontage along a provincial or municipal street or highway or private road, but less than the minimum lot frontage required by this By-law, may be used for a purpose permitted in the zone in which the lot is located and a building may be erected on the lot provided that all other requirements of this By-law are satisfied.

AN EXISTING LOT LACKING STREET FRONTAGE

7.18    Notwithstanding the minimum lot frontage requirements of this By-law, a lot in existence on or before the effective date of this By-law, which lacks frontage along a provincial or municipal street or highway or private road may be used for a purpose permitted in the zone in which the lot is located and a building may be erected on the lot provided that the lot is serviced by an easement for right-of-way and access to a municipal or provincial public street or highway or private road that has a minimum width of 6 metres (19.7 feet) which is assignable and perpetual and has been clearly granted by deed and registered in the Registry of Deeds and all other applicable requirements of this By-law are satisfied.

SUBDIVISION AND EXISTING UNDERSIZED LOTS

7.19    Unless otherwise provided for in this By-law, where the lot lines of existing undersized lots are altered so as to increase the lot area or lot frontage, or both, but still remains undersized, the new so created lot shall still be considered an existing undersized lot for the purposes of this By-law.

SUBDIVISION AND NEW UNDERSIZED LOTS

7.20    Notwithstanding the minimum lot area and minimum lot frontage requirements of this By-law, development permits shall be issued for development on lots created pursuant to the Subdivision By-law, where the boundaries of two or more existing lots are altered to the extent necessary and practical to remove a development component encroachment of a permanent nature, such as a structure, driveway, well or septic tank that is encroaching in or upon an immediately adjacent area of land provided no additional lots are created and all other applicable requirements of this By-law are satisfied.

Notwithstanding the other requirements of this By-law development permits shall be issued for development on lots created pursuant to the Subdivision By-law, where the lot created has less than the required frontage and/or lot area provided that neither reduction is less than ninety percent (90%) of the required minimums for lot area and frontage for that zone and all other applicable requirements of this By-law are satisfied.

ALTERING BOUNDARIES OF EXISTING LOTS

7.21    Notwithstanding the minimum lot area and the minimum lot frontage requirements of this By-law, development permits shall be issued for development on lots created pursuant to the Subdivision By-law, where the boundaries of two or more existing lots are altered provided no additional lots are created and the lot frontage and/or area has not been reduced and all other applicable requirements of this By-law are satisfied.

NON-CONFORMING USES AND STRUCTURES

7.22    Unless otherwise provided in this By-law, 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.

RACING TRACKS

7.23    Notwithstanding anything else in this By-law, the development of commercial uses, facilities or operations involving tracks for the racing of animals or the development commercial uses, facilities or operations involving tracks, roads, trails, arenas or any such form of sporting facility for motorized vehicles, including but not limited to automobiles, motorcycles, snowmobiles, or all terrain vehicles are prohibited in any zone within the Planning Area.

ACCESSORY USES AND BUILDINGS

7.24    (a)       An accessory building or structure is permitted in any zone within the

Bridgetown Water Supply Planning Area and may be used as an

accessory use to the main building or use, but it shall not be used for

human habitation.

(b)       Unless otherwise provided in this By-law, accessory buildings or structures under 6 square metres (64.6 sq. ft.) in total floor area do not require a development permit to be issued.

(c)        In the Rural residential (BR-1) Zone, the total floor area of an accessory building, or where there is more than one accessory building on a lot, the total floor area of all accessory buildings, shall not exceed fifty per cent (50 %) of the ground floor area of the main building.

(d)       Unless otherwise provided in this By-law, pit privies, clothesline poles, flag poles, garden trellises, fences, home use fuel wood storage sheds, retaining walls and home use satellite receiving dishes or home use communication/receiving antennas shall be exempt from the requirements of Parts 9.2, 10.2 or 11.2, where applicable.

(e)       An outdoor fuel or oil storage tank and its associated support structure is considered an accessory structure and subject to the requirements of this Part and Parts 9.2, 10.2 or 11.2, where applicable.   However, the minimum distance from a main building to an outdoor fuel or oil storage tank and its associated support structure shall be reduced to 0.2 metres (0.6 feet) where special outdoor fuel or oil storage tank provisions are provided, such as the use of a double wall outdoor fuel or oil storage tank or the provision of an outdoor fuel or oil storage tank containment structure capable of containing the full volume of the fuel or oil storage tank.

(f)        Unless otherwise provided in this By-law, no accessory building or structure shall be constructed prior to the time of construction of the main building to which it is accessory or prior to the establishment of the main use of the land where no main building is to be built.

(g)       Handicap access ramps or lifts may project from a main wall of a residential dwelling or accessory building into any minimum or established yard required by this By-law and do not require a development permit to be issued.

AGRICULTURE AND THE KEEPING OF AGRICULTURAL ANIMALS

7.25 (a) Agricultural uses shall only be permitted as accessory to a residential

use, located on the same lot as the main residential use, as a small-scale, non-intensive, for-limited-gain, use of land or buildings or structures, developed for the sole purpose of home use or consumption, but shall not:

(i) include any form of commercially oriented, large-scale or intensive agricultural uses;

be developed, constructed or built prior to the time of completion of construction of the main residential building;
include commercial riding stables, animal grooming salons, animal kennels or petting farms;
include the sale of product not grown or raised on the premises of the agricultural use accessory to a residential use; and
include the manufacturing, processing, packing, storing or treating of agricultural products or produce grown or raised on-premises or off-premises.

(b)       Agricultural uses, as accessory uses to a residential use, involving the keeping of agricultural animals, including horses, shall be permitted in the Rural Residential (BR-1) Zone, but prohibited in the Conservation (BC) Zone or the Provincial Park (BP) Zone.

(c)        Agricultural uses as accessory uses to a residential use not involving the keeping of agricultural animals shall be permitted in the Rural Residential (BR-1) Zone but prohibited in the Conservation (BC) or the Provincial Park (BP) Zone.

(d)       All agricultural animal holding areas, exercise yards, pens or pasture lands or grazing lands shall be fenced, by way of a fence, appropriate to the type of agricultural animal located on the property, that completely encloses the agricultural animal holding area, exercise yard, pen or pasture land or grazing land. For the purposes of this Part, a development permit is required for the erection of a fence to contain agricultural animal holding areas, exercise yards, pens, pasturelands or grazing lands. Also for the purposes of this Part, an agricultural animal holding area, exercise yard, pen, pasture land or grazing land fence is considered a structure under this By-law and as such exempt from the requirements of Part 11.2, but not exempt from the other requirements of this By-law, such as Part 7.6.

(e)       The use of land, buildings or structures for the keeping of agricultural animals as accessory uses to a residential use, including horses, in the Rural Residential (BR-1) Zone shall be limited to one (1) animal unit per 8,094 square metres (2 acres) of land area. In situations where the lot exceeds 40,470 square metres (10 acres) in total area, the number of animal units for the entire lot shall not exceed five (5) animal units.

(f)        For the purposes of this Part, an animal unit shall be determined on the basis of the following table:

Type of Agricultural                                     Number Equal to one

Animal                                                  Agricultural Animal Unit

Cattle                                                     1

Horses                                                  1

Sheep                                                               3

Goats                                                     3

Swine                                                    2

Bees                                                      5 hives

Fowl                                                      10

Rabbit                                                               10

Combinations of fowl and rabbit in any grouping of 10 shall also be considered as 1 animal unit.

TEMPORARY HUNTING STRUCTURES

7.26    The use, erection or placement of a temporary hunting blind shall be permitted in the Rural Residential (BR-1) Zone on a lot with or without frontage on a municipal or provincial public street or highway or private road, provided that the temporary hunting blind does not remain in place for more than thirty (30) days after hunting season has closed. As set out in Part 3.3 (k) of this By-law, a development permit is not required for the use, erection or placement of a temporary hunting blind and the location of a temporary hunting blind shall be exempt from the requirements of Part 11.2 and Part 7.6 (a) (iii) of this By-law.

PART 8:        SIGNS

GENERAL

8.1       Where the requirements in this By-law are inconsistent with the regulations respecting advertising signs on or near public highways made or administered by the Province of Nova Scotia Department of Transportation and Public Works, the more restrictive regulations shall apply.

For the purposes of this Part, no development permit shall be required for the erection of any sign, except for a sign erected as part of a home occupation by development agreement as set out in Part 6 of this By-law. For the purposes of this By-law an indoor sign shall not be considered a sign unless it is intended to be viewed from outside a building.

SAFETY AND MAINTENANCE

8.2       Every sign and all parts thereof, including framework, supports, background, anchors and wiring systems shall be constructed and maintained in compliance with the Building Code By-law.

LOCATION OF OR LIMIT ON THE NUMBER OF SIGNS

8.3       For the purpose of this Part, where a building is occupied by more than one business, each business shall be considered separate but no limit on the number of signs shall be applied, except for a sign erected as part of a home occupation by development agreement as set out in Part 6 of this By-law.

Notwithstanding any other requirement of this By-law, a sign may be erected in any required or established yard provided all other applicable requirements of this By-law are satisfied.

SIGNS PERMITTED IN ALL ZONES

8.4         The following signs are permitted in all zones and do not require a development permit for their erection:

signs identifying the name and address of a resident;
“no trespassing" signs or signs regulating the use of a property;
signs advertising the sale, rental or lease of a premise;
on-premise directional or traffic control signs;
signs erected by a government body or under the direction of a government body;
memorial signs or tablets or community identification signs;
signs advertising a product, person, place, activity, event, institution, organization, firm, group, commodity, profession, enterprise, industry, or business;
signs advertising a form of merchant acceptable payment;
signs that convey an open or closed message by a business;
the flag, pennant, insignia, or banner of any government, religious, charitable or fraternal or corporate organization; and
signs advertising a construction firm on a property where construction is taking place erected during the period of construction.

SIGNS PROHIBITED IN ALL ZONES

8.5 The following signs shall not be permitted in any zone:

signs painted on or attached to natural objects (trees or stones);
any sign which advertises a business no longer in operation, or a product that is no longer sold;
signs that incorporate in any manner any flashing or moving illumination that varies in intensity or which varies in colour and signs that have any visible moving part, visible revolving parts, or visible mechanical movement of any description;
any sign or sign structure that constitutes a safety hazard;
signs that obstruct the vision of drivers or obstruct or detract from the visibility or effectiveness of a traffic sign or control device, or which may be confused with any traffic sign or control device;
any signs which obstruct free ingress to or egress from a fire escape door, window, or other required exit-way;
signs not erected by a governmental authority that make use of words such as "STOP", "LOOK", "ONE WAY", “DANGER”, "YIELD", or any similar word, phrase, symbol, light, character, or colour in such a manner as to mislead, or confuse traffic; and
any sign erected on public property or a public right-of-way unless erected by a governmental authority or authorized to be erected by a governmental authority.

PART 9: CONSERVATION (BC) ZONE

BC USES PERMITTED

9.1 The following uses shall be permitted in a Conservation (BC) Zone:

public passive recreation uses
public or private utilities and municipal service facilities
government owned, operated and maintained water extraction, water treatment, water storage, storm water management facilities
primary forestry operations (no main or accessory buildings or structures permitted, except for temporary forestry trailers or portable sawmills subject to the requirements of Part 7.13)

BC      ZONE REQUIREMENTS

9.2        No development permit shall be issued in a Conservation (BC) Zone unless in conformity with the following requirements:

Minimum Lot Area                                                   8,094.0 sq. m. (2.0 acres.)

Minimum Lot Frontage                                            45.0 metres (147.6 feet)

Minimum Front Yard                                               20.0 metres (65.6 feet)

Minimum Side Yard                                                 7.5 metres (24.6 feet)

Minimum Rear Yard                                                            15.0 metres (49.2 feet)

Maximum Height of Main Building                                   11.0 metres (36.1 feet)

Maximum Lot Coverage of Main Building          5.0%

Maximum Height of Accessory Building             4.5 metres (14.7 feet)

Minimum Distance of Accessory

Building to any Lot line                                           7.5 metres (24.6 feet)

Minimum Distance of Accessory

Building to Main Building                                      7.0 metres (23.0 feet)

PART 10:      PROVINCIAL PARK (BP) ZONE

BP      USES PERMITTED

10.1    The following uses shall be permitted in a Provincial Park (BP) Zone:

public day use picnic park facilities
public overnight campground accommodation facilities
public passive recreation uses
public or private utilities and municipal service facilities
government owned, operated and maintained water extraction, water treatment, water storage, storm water management facilities

BP      ZONE REQUIREMENTS

10.2    No development permit shall be issued in a Provincial Park (BP) Zone unless in conformity with the following requirements:

Minimum Lot Area                                                   4047.0 sq. m. (1.0 acre)

Minimum Lot Frontage                                            45.0 metres (147.6 feet)

Minimum Front Yard                                               7.5 metres (24.6 feet)

Minimum Side Yard                                                 7.5 metres (24.6 feet)

Minimum Rear Yard                                                            7.5 metres (24.6 feet)

Maximum Height of Main Building                                   7.5 metres (24.6 feet)

Maximum Lot Coverage of Main Building           10.0%

Maximum Height of Accessory Building             4.5 metres (14.8 feet)

Minimum Distance of Accessory

Building to any Lot line                                           1.5 metres (4.9 feet)

Minimum Distance of Accessory

Building to Main Building                                      2.0 metres (6.6 feet)

PART 11: RURAL RESIDENTIAL (BR-1) ZONE

BR-1 USES PERMITTED

11.1 The following uses shall be permitted in a Rural Residential (BR-1) Zone:

single detached dwellings
telecommunication tower facilities
fire watch tower facilities
passive recreation uses
primary forestry operations (no main or accessory buildings or structures permitted, except for temporary forestry trailers or portable sawmills subject to the requirements of Part 7.13)
public or private utilities and municipal service facilities
government owned, operated and maintained water extraction, water treatment, water storage, storm water management facilities

BR-1 ZONE REQUIREMENTS

11.2    No development permit shall be issued in a Rural Residential (BR-1) Zone unless in conformity with the following requirements:

Minimum Lot Area                                                   20235 sq. m. (5.0 acres)

Minimum Lot Frontage                                            76.0 metres (249.34 feet)

Minimum Front Yard                                               20.0 metres (65.6 feet)

Minimum Side Yard                                                 20.0 metres (65.6 feet)

Minimum Rear Yard                                                            20.0 metres (65.6 feet)

Maximum Height of Main Building                                   10.5 metres (35 feet)

Maximum Lot Coverage of Main Building           1.0%

Maximum Height of Accessory Building             4.5 metres (14.7 feet)

Minimum Distance of Accessory

Building to any Lot line                                           10.0 metres (32.8 feet)

Minimum Distance of Accessory

Building to Main Building                                      7.0 metres (23.0 feet)