PART 1: TITLE, INTRODUCTION AND PURPOSE
1. This By-law shall be known and may be cited as the "Upper Clements 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 Upper Clements Area, hereinafter referred to as the Planning Area, as defined by the Zoning Map, Schedule "A".2. The Upper Clements Land Use By-law is adopted in accordance with the Province of Nova Scotia's Planning Act. The Upper Clements Area Land Use By-law is intended to implement the policies contained within the Upper Clements Area Municipal Planning Strategy by establishing regulations with respect to the use and development of land. The Planning Act also enables the Municipality of Annapolis County to adopt a Subdivision By-law to control the division of land. These three documents provide the framework for planning and development in the Upper Clements Planning Area of Annapolis County.
3. To obtain information on the regulations and standards that apply to a development on a property, refer to the following sections:
* the Definitions section to determine how specific lot conditions are defined or applied to a development (Part 2); and
* the Administration section to define permit requirements (Part 3).
* the General Provisions section which applies to all zones (Part 7);
* the Signage Requirements (Part 8);
* the provisions respecting the particular zone in which the property is located (Parts 9 through 14);
* the Zoning Map (Schedule "A") to determine in which zone the property is located;
PART 2: DEFINITIONS
For the purpose of this By-law, all words shall carry their customary meaning except for those defined in this PART.
1. ABUTTING means to share one or more common lot lines.
2. ACCESSORY BUILDING means a subordinate building or structure on the same lot as the main building devoted exclusively to an accessory use, but does not include a building attached by means of a common wall to the main building.
3. ACCESSORY USE means a use subordinate and naturally, customarily and normally incidental to a main use of land and located on the same lot.
4. AGRICULTURAL USE means a use of land and buildings for farming, dairying, pasturage, agriculture, apiculture, floriculture, horticulture, animal and poultry husbandry, riding stables, and petting farms and the necessary accessory uses for packing, storing or treating the produce.
5. ALTER means any change in the structural component of a building or any increase in the volume of a building or structure and may also refer to a change in use.
6. ARTISAN WORKSHOP means a building or part of a building used as a workshop for an individual or individuals trained in a trade such as carpentry, plumbing, electrical or a smith.
7. AUTO BODY SHOP means a building or a clearly defined space on a lot used for the storage, repair, and servicing of motor vehicles including body repair, painting and engine rebuilding but does not include an automobile service station or an automobile sales establishment.
8. BONA FIDE FARM means a farm in operation for at least 2 years immediately prior to the application for a permit for a farm dwelling consisting of a minimum of eight (8) hectares (19.77 acres), upon which either agricultural production or livestock operations has taken place during such two year period. A minimum of six (6) hectares (14.82 acres) of the eight (8) hectares (19.77 acres) must be classified for assessment purposes under the Assessment Act as resource and/or agricultural property.
9. BED AND BREAKFAST ESTABLISHMENT means a single unit residential dwelling in which the operator supplies, for compensation, rooms which are rented or hired out to accommodate the traveling public for sleeping purposes and where a general kitchen and dining room are provided within the building for the purpose of serving meals only to overnight guests.
10. BOARDING OR ROOMING HOUSE means a single unit residential dwelling in which the operator supplies either room or room and board for compensation, on a weekly or monthly basis, and which is not open to the general public, but does not include a dwelling-group care facility.
11. BUFFERING / BUFFER STRIP means a treed or landscaped area intended to separate and screen the view of abutting land uses or properties from each other.
12. BUILDING means any structure whether temporary or permanent, used or built for the shelter, accommodation or enclosure of persons, animals, materials or equipment.
13. BUILDING INSPECTOR means the building inspector of the Municipality of Annapolis County.
14. BUILDING LINE means any line regulating the position of a building on a lot.
15. BUSINESS OR PROFESSIONAL OFFICES means a building or part of a building where business may be transacted, a service performed or consultation given by lawyers, architects, planners, engineers, accountants, private consultants and similar professions, but shall not include the offices associated with medical practitioners or veterinary clinics and does not include the manufacturing of any product or the on-site retailing or selling of goods.
16. BY-LAW means this By-law, which is the Land Use By-law for the Upper Clements Planning Area of the Municipality of Annapolis County.
17. CAMPGROUND means an area of land for the temporary accommodation of travel trailers, motorized motor homes, tents and trailers used for travel, recreational or vacation purposes, but does not include a mobile home park.
18. CEMETERY means a burial place or ground other than a churchyard which may include a mausoleum vault for the storage of remains and a chapel used for internment services.
19. CHURCH means a building dedicated to religious worship and includes a church hall, church auditorium, Sunday school, parish hall, rectory, manse and day nursery operated by the church.
20. CLINIC means a building or part of a building used for the medical, dental, surgical, or therapeutic treatment of human patients, but does not include an overnight facility and does not include a professional office of a doctor located in his or her residence.
21. COMMERCIAL CLUB means any club operated for gain other than a private club, as defined herein.
22. COMMERCIAL ENTERTAINMENT USE means uses such as cinemas, theatres, but excludes such uses as amusement arcades, casinos, or adult entertainment uses.
23. COMMERCIAL RECREATIONAL CENTRE means a building or lot or part of a building or lot used solely for commercial recreation or entertainment purposes such as dance halls, billiard or pool halls, bowling alleys, golf courses, golf driving ranges, miniature golf courses, bingo halls, roller skating rinks and discos and arcades for pinball and other game machines and amusements and similar uses to the foregoing, together with necessary and accessory buildings and structures, excluding a track for the racing of animals, or any form of motorized vehicles, except where permitted.
24. COMMERCIAL SCHOOL means a school conducted for compensation and includes a privately operated secretarial school, language school, driving school, but does not include a daycare or university.
25. COMMUNITY CENTRE means any building or part thereof used for community activities, whether used for commercial purposes or not, the control of which is vested in the Municipality, a local board or agent thereof, or a nonprofit organization.
26. CONSTRUCTION INDUSTRY means a use primarily involving the construction, development, redevelopment or rehabilitation of residential, commercial, institutional and industrial buildings and real estate and including road building and such uses are often characterized by the outdoor storage of equipment, machines, vehicles and building supplies.
27. CRAFT SHOP means a building or structure used for the retailing or wholesaling of arts and handicrafts.
28. COURT means an open uncovered and unoccupied space appurtenant to a building and bounded on two or more sides by walls of a building.
29. CUSTOM WORKSHOP means a building or part of a building used by a trade, craft, or guild for the manufacture of small quantities (including repair) of articles and goods, for sale on or off premises, excluding the repair or manufacturing of motor vehicles or their parts or accessories.
30. DAY CARE
- Nonresidential DAY CARE CENTRE means a place where three or more children or adult seniors are cared for on a temporary daily basis for compensation without overnight accommodation, but does not include a school.
b. RESIDENTIAL DAY CARE CENTRE means that portion of a residential dwelling which is used to accommodate more than three but fewer than seven children or adult seniors who are cared for on a temporary basis for compensation without overnight accommodation.
31. DEVELOPMENT includes any erection, construction, alteration, replacement or relocation of or addition to any structure and any change or alteration in the use made of land, buildings or structures.
32. DEVELOPMENT OFFICER means the Development Officer appointed by the Municipality of Annapolis County in accordance with the Planning Act and charged with the duty of administering the provisions of this By-law.
33. DOMESTIC AND HOUSEHOLD ARTS includes dressmaking, tailoring, hairdressing, instruction in music, dancing, arts and crafts, weaving, painting, sculpturing, moulding, or otherwise making or repairing garden or household ornaments, articles of clothing, personal effects or toys.
34. 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 or more dwelling units, and shall not include a hotel or a motel or apartment hotel or a travel trailer or other recreation vehicle.
a. DWELLING UNIT means one or more habitable rooms designed, occupied or intended for use by one or more individuals as an independent and separate housekeeping establishment in which cooking, sleeping, and sanitary facilities are provided for the exclusive use of such individual or individuals.
b. DWELLING, CONVERTED means a building converted to contain a greater number of dwelling units than the building contained prior to the conversion.
c. DWELLING, DOUBLE means a building that is divided horizontally into two dwelling units, each of which has independent entrances either directly to the outside or through a common vestibule.
d. DWELLING, DUPLEX OR SEMIDETACHED means a building that is divided vertically into two dwelling units, each of which has independent entrances to a front and/or rear yard, constructed side by side and separated by common vertical walls.
e. DWELLING, GROUPED means two or more dwelling units which are contained within two or more buildings located on a lot.
- DWELLING, GROUP CARE FACILITY means a building for the accommodation and treatment of persons, and which is licensed by the provincial or federal government and includes a hospital, nursing home, or a place where special care is provided under government sanction to the physically or mentally ill, or disabled or persons needing physical or emotional rehabilitation.
g. DWELLING, TOWNHOUSE means a building that is divided vertically into three or more dwelling units, each of which has independent entrances to a front and/or rear yard, constructed side by side and separated by common vertical walls.
h. 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 which is relocated to the site or constructed from components transported to the site and includes prefabricated homes except mobile homes as herein defined.
j. DWELLING, SENIOR CITIZEN APARTMENT means multiple unit housing designed for occupation by senior citizens, and constructed and maintained by a public housing authority or nonprofit organization.
k. DWELLING, MULTIPLE UNIT a dwelling containing three or more dwelling units, which have a common entrance from the street level.
l. DWELLING, MOBILE HOME means a dwelling unit designed for transportation after fabrication, whether on its own wheels or on a flatbed or other trailer and which arrives at the site where it is to be occupied as a dwelling complete and ready for occupancy (except for minor and incidental unpacking and assembling operations) and having a width of 6.1 m. (20 ft.) or less and located on the site on wheels, jacks, or similar supports, or on a permanent foundation. For the purposes of this By-law the removal of the wheels or the permanent or semi-permanent attachment of a foundation shall not change the classification.
m. DWELLING, DOUBLE WIDE MOBILE HOME means a dwelling composed of two or more mobile homes which have been joined together side by side.
35. 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, structurally altering any existing building or structure by an addition, deletion, enlargement or extension.
36. ESTABLISHED BUILDING LINE means the average distance from the street line of an existing buildings in any block where more than half the frontage has been built upon at the effective date of this By-law.
37. EXISTING means legally existing as of the effective date of this By-law.
38. FARM MARKET means a building in which farm produce comprises the major portion of goods offered or kept for sale directly to the public at retail value.
39. FIRST STOREY means the uppermost story having first floor level not more than 2 m. (6.56 ft.) above grade.
40. FORESTRY USE means commercial silviculture and the production of timber or pulp and any uses associated with a forestry use including accessory structures and uses.
41. FLOOR AREA
a. WITH REFERENCE TO A DWELLING means the maximum area contained within the outside walls excluding any attached garage, porch, verandah, unfinished attic or basement or other room not habitable at all seasons of the year.
b. WITH REFERENCE TO A DWELLING UNIT where more than one unit is contained within a dwelling, means the maximum floor area contained within the finished wall surfaces of an individual dwelling unit, excluding closets, built-in cabinets and storage areas, and balconies.
c. COMMERCIAL FLOOR AREA means the total usable floor area within a building used for commercial purposes but excludes furnace and utility rooms, washrooms and excluding, in the case of shopping malls, common hallways between stores.
d. GROSS FLOOR AREA means the aggregate of the floor areas 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 considered to be exterior walls.
e. GROUND FLOOR AREA means the maximum area contained within the outside walls of the ground floor of a building excluding any attached garage, porch, verandah, or other room not habitable at all seasons of the year.
42. FRATERNAL CENTRE means any tract of land or building operated by a member of a fraternal organization and, without limiting the generality of the foregoing, may include such establishments as a Legion, Lion's Club, Knights of Columbus, Kiwanis or Freemasons.
43. GAME OR AMUSEMENT MACHINE means any mechanical device which is operated by the introduction of a coin, or token, or is designed to be so operated, which does not dispense goods, or services, but is used as a source of skill testing, amusement or entertainment, including, but not limited to, a television game, a pinball machine, a shuffleboard, a pool table, and other similar coin-operated devices.
44. GARDEN CENTRE means a building or outdoor area in which gardening equipment and planting materials comprises the major portion of goods offered or kept for sale directly to the public at retail value.
45. GAS BAR means a facility offering service to automobiles principally limited to the sale of gasoline, diesel fuel and lubricating oil.
46. GROUND FLOOR shall mean the first floor of a building above the established grade.
47. 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, tower, cupola or steeple.
48. HOME OCCUPATION means an accessory use of a dwelling for gainful employment involving the provision or sale of goods and/or services and includes a business or professional office, medical practitioners and/or clinics, domestic and household art (including retail sales of items), catering establishment (including parking of one (1) delivery vehicle), personal service shop, household article repair shop (not including motor vehicle repair), photographic studio, residential day care centre, or taxicab dispatch operation (including parking of one (1) taxi vehicle).
49. HOTEL / MOTEL / TOURIST ESTABLISHMENT means a building or buildings which are used to accommodate the traveling public for gain or profit by supplying them with sleeping accommodation, with or without meals, and shall include a guest house, cabins, a motel, a tourist home, a hotel and an inn as defined herein.
50. INSTITUTION OR INSTITUTIONAL USE means land, building or use of land by any governmental body or agency to provide service on behalf of government, and shall include an organized body or society promoting a particular purpose with no intent of profit, but shall not include a utility, a private club, commercial community centre, commercial school or church.
51. KENNEL / GROOMING SALON means any facility or operation for the purposes of breeding, sale or grooming of animals and may include provisions for their overnight accommodation including any outdoor facilities such as pens, runs and enclosures.
52. LANDSCAPING means any combination of trees, shrubs, flowers, grass or other horticultural elements, decorative stonework, paving, screening or other architectural elements, all of which is designed to enhance the visual amenity of a property or to provide a screen between properties in order to mitigate objectionable features.
53. LICENSED LIQUOR ESTABLISHMENT means an establishment licensed by the Nova Scotia Liquor Licensing Board under the Liquor Control Act, R.S.N.S., 1989, Ch 260.
54. LOADING SPACE means an area of land provided for use for the temporary parking of a commercial motor vehicle where merchandise or materials are loaded or unloaded from the vehicles.
55. LOT means any parcel of land described by its boundary lines.
a. CORNER LOT means a lot situated at the intersection of and abutting on two or more streets; or upon two parts of the same street forming an interior angle of less than 130 degrees.
b. INTERIOR LOT means a lot situated between two lots and having access to one street.
c. THROUGH LOT means a lot bounded on two opposite sides by streets or a highway provided, however, that if any lot qualifies as both a corner lot and a through lot as herein before defined, such lots shall be deemed to be a corner lot for the purpose of this By-law.
d. LOT AREA means the total horizontal area within the lot lines of a lot.
e. LOT COVERAGE means the percentage of the lot that is covered by buildings excluding projecting eaves, balconies, and similar features.
g. LOT FRONTAGE means the length of a line joining the side lot lines and parallel to the front lot line.
h. FLAG LOT means a lot characterized by its location of the main body of the lot generally at the rear of another lot, or otherwise separated from the street or roadway which provides access, and by a narrower prolongation extending from the main portion of the lot to the said street or roadway. A flag lot generally resembles a flag on a pole in the case of a rectangular layout, or the main body of the lot with an umbilical prolongation providing access in the case of such a lot having irregular boundaries.
56. LOT LINE means a boundary line of a lot.
a. FRONT LOT LINE means:
i. the lot line dividing the lot from the street;
ii. in the case of a corner lot, the shorter lot line abutting the street;
iii. in the case of a through lot, the lot line abutting the street providing the primary access;
iv. in the case of a lot with no street frontage, the lot line which most closely parallels the nearest street line where access is provided.
b. REAR LOT LINE means the lot line furthest from or opposite the front lot line.
c. SIDE LOT LINE means a lot line other than a front or rear lot line.
d. FLANKAGE LOT LINE means a side lot line which abuts the street on a corner lot.
57. MAIN BUILDING means the building in which is carried on the principal purpose for which the lot is used.
58. 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.
59. MEDICAL PRACTITIONER means a doctor, dentist, chiropractor, osteopath, optometrist, oculist, but does not include a veterinary.
60. MOBILE HOME PARK means a mobile home development under single ownership managed by a mobile home park operator and a mobile home space means land intended to be used by one mobile home.
61. MUNICIPALITY means the Municipality of Annapolis County.
62. NURSING HOME means a building where nursing care and room and board are provided to individuals incapacitated in some manner for medical reasons and licensed under the Homes for Special Care Act, R.S.N.S., 1989, Chapter 203.
63. OBNOXIOUS use means a use which, from its nature or operation creates a nuisance or is offensive by the creation of noise or vibration, or by reason of the emission of gas, fumes, dust or objectionable odour, or by reason of the unsightly storage of goods, wares, merchandise, salvage, refuse matter waste or other material.
64. OUTDOOR DISPLAY means an area of land where goods are displayed and which are available for sale to the general public from a retail outlet located on the same lot.
65. OUTDOOR STORAGE means items such as merchandise, goods, inventory materials or equipment which items are not intended for immediate sale and which are stored by being located on a lot exterior to a building.
66. PARK & RECREATIONAL USES means the use of land for parks, playgrounds, open space recreation, open space conservation, tennis courts, lawn bowling greens, indoor and outdoor skating rinks, athletic fields, band shells, pavilions, golf courses, and similar uses to the foregoing, together with necessary and accessory buildings and structures, excluding a track for the racing of animals, or any form of motorized vehicles, except where permitted.
67. PARKING AREA OR PARKING LOT means an open area of land other than a street or an area within a structure for the parking of vehicles.
68. PARKING SPACE means an area of land for the temporary parking or storage of motor vehicles.
69. 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 can apply according to law.
70. PERSONAL SERVICE SHOP means a building or part of a building in which persons are employed in furnishing services and otherwise administering to the individual and personal needs of human beings, and without limiting the generality of the foregoing, may include such establishments as barber shops, beauty parlours, automatic laundry shops, hairdressing shops, shoe repair and shoe shining shops, and depots for collecting dry cleaning and laundry, but excludes an adult entertainment parlour, a massage parlour or any manufacturing or fabrication of goods for sale, or any retail sales except those incidental or related to the main use.
71. PLANNING ACT means the Nova Scotia Planning Act.
72. PLANNING AREA means all the lands within the Upper Clements Area, as defined by the Zoning Map, Schedule "A".
73. PREMISES means an area of land with or without buildings or structures.
74. PRIVATE CLUB means a building or part of a building used as a meeting place for members of an organization and may include a lodge or a labour union hall.
75. PRIVATE ROAD means any street which is not public shown on a plan of subdivision approved on or after the first day of August 1987.
76. PUBLIC AUTHORITY means any Commission or Committee of the Municipality of Annapolis County established or exercising 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 local authority established by a By-law of the Municipality, and any governmental body.
77. RECYCLING DEPOT means a premises on which recoverable materials such as newspaper, glassware, plastic and metal cans are separated and stored prior to shipment but does not include any processing of the material or a salvage yard.
78. RESTAURANT means a building or part thereof where food and drink is served to the public for consumption within the building.
79. RESTAURANT, DRIVE-IN OR TAKE-OUT means a place where food and drink is served to the public, and which does not necessarily provide facilities for consumption thereof on the premises other than parking areas.
80. RETAIL STORE means a building or part thereof in which goods, wares, merchandise, substances, articles or things are offered or kept for sale directly to the public at retail cost and may include the rental of goods, wares, merchandise, articles or things, such as video cassettes or video games, provided such rental operations are clearly accessory to the normal operation of a retail store.
81. SCRAP YARD OR SALVAGE YARD means an area of land used for the storage, handling or processing of and sale of scrap material, and without limiting the generality of the foregoing, may include waste paper, rags, bones, used bicycles, vehicles, tires, metals or other scrap material or salvage, but shall not include a hazardous waste material storage or disposal site or recycling depot.
82. SCREENING means the method by which a view of one site from another adjacent site is shielded, concealed or hidden.
83. SEPARATION DISTANCE means a horizontally measured portion of a lot which is required to physically separate incompatible land uses.
84. SERVICE INDUSTRIES means the processing of milk and dairy products, bakery, butcher shop, printing establishment, photography studio or photographic processing lab, laundry or dry-cleaning establishment, paint shop, equipment rental shop, plumbing shop, sheet metal shop, high pressure wash facilities and carpet or house cleaning establishment
85. SERVICE OR REPAIR SHOP means a building or part thereof used for the sale or repair of household articles and shall include radio, television and appliance repair shops but shall not include industrial, (including welding or machine shops) or manufacturing or motor vehicle repair outlets.
86. SERVICE STATION means a building or a clearly defined space on a lot used for the servicing and/or repair of motor vehicles or the sale of lubricating oils and diesel fuel and/or gasoline and may include the sale of automobile accessories and may include an automobile car wash and/or convenience store, but excluding an auto body shop.
87. SETBACK means the distance between the lot line and the nearest main wall of the main building or structure on the lot.
88. SHOPPING CENTRE OR MALL means a building on a lot designed, developed and managed as a unit by a single owner or tenant, or a group of owners or tenants containing a group of commercial uses and distinguished from a business area comprising unrelated individual owned uses and characterized by sharing of common parking area and driveways. NOTE: New shopping centres may be subject to the Shopping Centre Development Act in Nova Scotia.
89. STRIP MALL means a group of commercial uses which have been designed and developed as a continuous unit, and characterized by shared parking and by the absence of common, interior walkways.
90. SIGN means any structure, device, light or natural object including the ground itself, or any part thereof, or any device attached thereto, or painted or represented thereon, which shall be used to identify, advertise, or attract attention to any object, product, place, activity, person, institution, organization, firm, group, commodity, profession, enterprise, industry, or business, or which shall display or include any letter, word, model, number, banner, flag, pennant, insignia, device or representation used as an announcement, direction, or advertisement, and which is intended to be seen from off the premises or from a parking lot.
a. DIRECTORY SIGN means a sign erected or authorized to be erected by Council that may be erected on public property listing the names and locations of local businesses.
b. GROUND SIGN means a sign supported by one or more uprights, poles or braces placed in or upon the ground, and shall include temporary or portable signs.
c. ILLUMINATED SIGN means a sign that provides artificial light directly, or through any transparent or translucent material, from a source of light connected with such a sign, or a sign illuminated by a light focused upon or chiefly directed at the surface of the sign.
d. PROJECTING WALL SIGN means a sign which projects from and is supported by a wall of a building and on which the face is not approximately parallel to the supporting wall and can include an awning or canopy structure where such a structure is used as a sign.
e. FACIAL WALL SIGN means a sign which is attached directly to or painted upon a building wall and where the face is approximately parallel to the wall.
f. SIGN AREA means the area of the smallest geometrical figure which can wholly enclose the surface area of the sign. All faces of a multi-faced sign shall be counted separately and totalled in calculating sign area.
g. PORTABLE OR MOBILE SIGN means a sign designed to be carried, pulled, pushed, or hauled and which is not permanently fixed in one location.
h. NUMBER OF SIGNS means a single display surface or display device containing elements organized, related, and composed to form a unit; and when matter is displayed in a random manner without organized relationship of elements, or when there is reasonable doubt about the relationship of elements, then each element is considered to be a single sign.
j. OFF PREMISE (OFF-SITE) SIGNS means a freestanding ground sign or facial wall sign (commonly referred to as a "billboard") erected on a lot, by someone other than the person or company wishing to advertise a product or service, the display of which has no direct relationship to the business or use on the lot.
91. STREET OR ROAD means a public street or public highway owned and maintained by the Municipality or the Province of Nova Scotia.
92. STREET LINE means the boundary line of a street or road.
93. STOREY means that portion of a building which is situated between the top of any floor and the top of the floor above it, and if there is no floor above it that portion between the top of such floor and the ceiling above it.
94. STRATEGY means the Upper Clements Area Municipal Planning Strategy.
95. 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.
96. UTILITY means any public or private system, works, plant equipment or services which furnishes services at approved rates to or for the use of the general public.
97. VETERINARY CLINIC / ANIMAL HOSPITAL means a facility for the medical care and treatment of animals and includes provisions for their overnight accommodation and includes any associated outdoor facilities such as kennels, pens, runs and enclosures.
98. WAREHOUSE AND DISTRIBUTION CENTRE means a building used primarily for the storage and distribution of goods and materials and may include wholesale or retail activity, provided such activity is subordinate to the main warehousing use.
99. WATERCOURSE means any lake, river, stream, ocean or other body of water.
100. WHOLESALE ESTABLISHMENT means a building in which commodities in quantity are offered for sale chiefly to industrial, institutional and commercial uses or to retailers or other merchants mainly for resale or business use.
101. 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. ABUTTING YARD means a yard which is contiguous with or extends across one or more zone boundaries and can extend across all or part of a side, rear or front yard.
b. FLANKAGE YARD means the side yard of a corner lot which side yard extends from the front yard to the rear yard between the FLANKAGE lot line and the nearest wall of any main building or structure.
c. FRONT YARD means a yard extending across the full width of a lot between the front lot line and the nearest wall of any main building or structure on the lot; and a minimum front yard means the minimum depth allowed by this By-law of a front yard on a lot between the front lot line and the nearest wall of any main building or structure on the lot.
d. REAR YARD means a yard extending across the full width of a lot between the rear lot line and the nearest wall of any main building or structure on the lot; and a 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 or structure on the lot.
e. SIDE YARD means a yard extending from the front yard to the rear yard of a lot between a side lot line and the nearest wall of any main building or structure on the lot; and a 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 or structure on the lot.
102. ZONE means a designated area of land shown on the Zoning Map, Schedule "A" of this By-law.
PART 3: ADMINISTRATION
ENFORCEMENT
3.1 This By-law shall be administered by the Development Officer.
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.
b. The Development Officer shall only issue development permits in conformance with this By-law except in the case of non-conforming uses and structures and minor variances.
c. The Development Officer shall only issue development permits for non-conforming uses and structures and minor variances in conformance with the Planning Act.
APPLICATION FOR DEVELOPMENT PERMIT
3.3 a. Every application for a development permit submitted to the Development Officer shall be accompanied by a sketch or site plans, in duplicate, drawn to an appropriate scale, showing:
i. the true shape and dimensions of the lot to be used, and upon which it is proposed to erect any building or structure;
ii. the location, height and dimensions of the building, structure or work proposed to be erected;
iii. the location of every building or structure already erected on the lot, and the approximate location of every building on abutting lots;
iv. the proposed location and dimensions of any parking spaces, loading spaces, driveways, ingress and egress points to a public street(s) and landscaped areas;
v. the proposed use of the lot and each building or structure to be developed;
vi. 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 whether the proposed development conforms with this By-law, the Development Officer may require that the plans submitted under clause 3.3 a. be based upon an actual plan of survey certified and stamped by a Nova Scotia Land Surveyor.
SIGNATURE FOR APPLICATIONS
3.4 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.
ADVERTISING COSTS FOR LAND USE BY-LAW AMENDMENTS AND DEVELOPMENT AGREEMENTS
3.5 Where an application to amend this By-law or to enter into a development agreement is made, the applicant shall deposit with the Municipal Clerk for Annapolis County, at the time of application, an amount established by the Municipal 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, then the applicant shall pay to the Municipal Clerk the additional amount required. If the amount paid is more than sufficient, then the Municipal 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 an application is withdrawn by the applicant, the deposit shall be returned to the applicant, less the cost of any incurred advertising or notification cost.
EFFECTIVE DATE OF BY-LAW
3.6 This By-law shall take effect when approved by the Minister of Housing and Municipal Affairs.
USE OF THE METRIC SYSTEM
3.7 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.
LAPSE OF PERMITS
3.8 Development permits issued under this or any previous land use by-law shall automatically lapse, and become null and void, if the development to which it relates has not commenced within one (1) year of the date of issue of the development permit.
REVOCATION OF PERMITS
3.9 The Development Officer may revoke a development permit issued under this or any previous land use by-law where the Development Officer is satisfied that the development permit was issued under false or mistaken information.
PART 4: ZONES, ZONING MAP AND MUNICIPAL PLANNING
STRATEGY DESIGNATIONSZONES
4.1 For the purpose of this By-law, the 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". Interpretation of these boundaries shall be as in Part 5 of this By-law. Such zones may be referred to by the corresponding symbols indicated opposite the zone name as indicated below.
ZONES SYMBOL
Residential Single Unit R-1
General Mixed Use R-2
Residential Protected R-4
Commercial Park C-1
Highway Commercial C-2
Agricultural AG
ZONING MAP
4.2 Schedule "A" is the "Zoning Map" and it forms 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 Strategy, to use any zone in this By-law, regardless of whether or not such 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 Municipal Planning Strategy for the Planning Area are indicated by the identifier "MPS FLUM [name of 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 by this By-law. The extent and boundaries of all zones are shown on the Zoning Map and the provisions of this By-law shall apply to all zones. The boundaries between zones shall be determined as follows:
a. where a zone boundary is indicated as following a street or highway the boundary shall be the centre line of such street or highway, unless otherwise indicated;
b. where a zone boundary is indicated as approximately following lot lines the boundary shall follow the lot lines;
c. 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 between two or more different zones, a line midway between the outside limits of the right-of-way or the centre line of the watercourse shall be considered the boundary between the zones, unless otherwise indicated;
d. where none of these above provisions apply, and where appropriate, the said zone boundary shall be scaled from the attached Zoning Map.
CERTAIN WORDS
5.2 In this By-law, words used in the present tense include future; words in the singular number include the plural; words in the plural include the singular number; and the word "used" includes "arranged, designed or intended to be used", and the word "shall" is mandatory and not permissive.
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 Part 2 DEFINITIONS, the uses permitted within that zone includeany similar uses which satisfy such definition except where a definition specifically excludes any similar uses.
SCHEDULES
5.4 All Schedules attached hereto or included herein form part of this By-law.
PART 6: DEVELOPMENT AGREEMENTS
DEVELOPMENTS TO BE CONSIDERED BY DEVELOPMENT AGREEMENT
6.1 The following developments shall be permitted only by Development Agreement, in accordance with the Planning Act and with the Upper Clements Area Municipal Planning Strategy. A development permit may be issued for these developments, pursuant to the Planning Act, provided the development conforms with the terms of the development agreement and the appeal period has lapsed or any appeals that may have been lodged have been dealt with by the Nova Scotia Utility Review Board.
Type of Development Governing MPS Policy
New Multiple Unit Dwelling developments
or the expansion of existing multiple unit dwelling
developments to create additional dwelling units
attached to or within an existing multiple unit dwelling
in the General Mixed Use (R-2) Zone Policy 5.1.7
The development of new Mobile Home Parks
in the General Mixed Use (R-2) Zone Policy 5.1.8
The development of new commercial uses in excess
of 465 sq. m. (5,000 sq. ft) of gross floor area
or the expansion of an existing commercial use which
when expanded will be in excess of 465 sq. m. (5,000 sq. ft.)
of gross floor area in the General Mixed Use (R-2) Zone Policy 5.1.10
In the General Mixed Use (R-2) Zone, the development of
new accommodation uses, such as campgrounds, hotels,
motels or cottage facilities or the expansion of an existing
accommodation development such as a hotel or motel which
when expanded will result in a 25% or greater increase of the
gross floor area of the existing accommodation structure or
the expansion of an existing accommodation development
such as a campground or cottage facility where the expansion
results in a 25% or greater increase of the total square foot area
of the existing accommodation development Policy 5.1.11
The development of industrial operations in the
Agricultural (AG) Zone area which as part of their
processing operation may result in the removal of topsoil Policy 5.4.6
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 in force within the Municipality or from obtaining any license, permission, permit, authority or approval required by this or any other By-law of the Municipality or Statute or Regulation of the Province of Nova Scotia. Where the provisions in this By-law conflict with those of any other municipal or provincial requirements, the higher or more stringent regulations shall prevail.
FRONTAGE ON STREET
7.2 No development permit shall be issued unless the lot or parcel of land 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 in accordance with the special circumstances set out in Sections 7.25, 7.30 and 14.4 of this By-law.
MULTIPLE USES
7.3 Where any land or building is used for more than one purpose the provisions 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. Standards for the provisions of parking spaces shall be deemed to be cumulative so that the requirement will be the sum of the number of spaces required by each use.
RESTORATION TO A SAFE CONDITION
7.4 Nothing in this By-law shall prevent the strengthening or restoring to a safe condition of any building or structure, provided in the case of a non-conforming use the provisions of the Planning Act shall prevail.
WATERCOURSE PROTECTION
7.5 Notwithstanding anything else in this By-law, no structure shall be erected within 15 m. (50 ft.) of the edge (mean high water mark) of any watercourse, except for wharves, boathouses, fishery related uses, and uses provided for in Section 7.7 of this By-law. For clarification, the provisions of this Section do not apply to watercourses or those parts thereof that lie within the Commercial Park (C-1) Zone. For further clarification, the watercourse setback distance is be defined as being part of any side, rear or front yard.
HEIGHT REGULATIONS
7.6 The height regulations of this By-law shall not apply to a church spire, lightening rod, water tank, monument, elevator enclosure, silo, flagpole, television or radio antennae, ventilator, skylight, chimney, clock or fire towers, windmill, solar collector, satellite receiving dish, wind powered generator or drive-in theatre screen. The height of a building shall be calculated by determining the vertical distance of a building between the established grade and:
a. the highest point of a roof or a parapet, whichever is greater, of a flat roof;
b. the deckline of a mansard roof; or
c. the mean level between the eaves and ridges of a gabled, hip, gambrel or other type of pitched roof.
PUBLIC AND PRIVATE UTILITIES
7.7 Government authorized, private or public, operated utilities shall be permitted in any zone or within the watercourse setback as required in Section 7.5 of this By-law.
NON-CONFORMING USES AND STRUCTURES
7.8 Any use of land or building or structure constructed, or where construction has begun on a building or structure 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 Planning Act respecting non-conforming uses and structures.
ILLUMINATION
7.9 Lights used for illumination shall be so arranged as to divert the light away from any adjoining properties and adjacent public street or highway or private road.
SWIMMING POOLS
7.10 A swimming pool located within the Planning Area shall conform to the Swimming Pool Fencing By-law for the Municipality and a swimming pool shall not be located in a minimum front yard of a lot.
NO DEVELOPMENT PERMITS REQUIRED
7.11 Notwithstanding anything else in this By-law, a development permit shall not be required for the erection of a fence, siding, roofing or windows replacement, the development or redevelopment of any public utility, landscaping, retaining walls or temporary or special uses defined under Sections 7.13 and 7.14 of this By-law.
TEMPORARY CONSTRUCTION USES PERMITTED
7.12 Nothing in this By-law shall prevent the use of land or the use or erection of a building or structure incidental to construction such as a construction camp or other such temporary work camp, a mobile trailer, construction office, tool shed, scaffold or similar building incidental to construction in progress provided that the building, structure or use does not remain in place for more than thirty (30) days after construction is completed or discontinued for a period of sixty (60) days and provided a development permit has been issued.
TEMPORARY SALES OR RENTAL OFFICE PERMITTED
7.13 Nothing in this By-law shall prevent the use of land or the use or erection of a building or structure for a sales or rental office incidental to construction in progress in a reasonable and safe manner until such construction has been finished or discontinued for a period of sixty (60) days or unless no development permit is in force.
SPECIAL USES
7.14 Nothing in this By-law shall prevent the temporary use of land for such purposes as circuses, fairs, garden parties, rallies, concerts or festivals provided that such uses remain in place no longer than fifteen (15) days and development permit shall not be required.
CONFORMITY WITH EXISTING SETBACKS
7.15 Notwithstanding the other requirements of this By-law, in any zone, a proposed structure to be built between existing buildings within 61 m. (200 ft.) of the proposed structure and 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 3 m. (10 ft.) from the front lot line and need be no greater than setback regulations prescribed in the zone in which it is situated.
ACCESSORY USES PERMITTED
7.16 Where this By-law provides that any land may be used or a building or structure may be erected or used for a purpose, the purpose includes any use accessory thereto, except for home occupations which shall be subject to the limitations set out for home occupations, in Section 7.20 of this By-law.
ACCESSORY USES AND BUILDINGS
7.17 a. An accessory building(s) or structure(s) shall be permitted in any zone
within the Upper Clements Planning Area, but shall not:
i. be used for human habitation, except where a dwelling is a permitted accessory use;
ii. be located within any minimum front, side, rear or flankage yard of a lot, except for fruit and vegetable stands or similar uses which may be located within 1.5 m. (4.92 ft.) of a front, side or flankage lot line;
iii. be built closer to a lot line than the setback regulation prescribed in the zone which it is situated, except for common semi-detached garages which may cross a mutual side lot line;
iv. be built within 1.8 m. (6 ft.) of the main building;
v. be permitted on a separate lot, except in the (C-1), (C-2) or (AG) Zone;
vi. be considered an accessory building if attached to the main building in any way or if located completely underground.
b. Notwithstanding anything else in this By-law, clothes poles, flag poles, garden trellises, fences, retaining walls, satellite receiving dishes, dog houses and wood piles shall be exempt from any requirements under Section 7.17.a, above.
c. Unless otherwise provided in this Section, 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 required
ONE MAIN BUILDING ON A LOT
7.18 No person shall erect more than one (1) main building on a lot except for:
a. buildings located in the (C-1), (C-2) or (AG) Zones;
b. existing and new multiple unit dwellings or grouped dwellings in the (R-2) Zone;
c. existing and new accommodation developments such as campgrounds, motels, hotels and cottage facilities in the (R-2) Zone;
- existing or new mobile homes in a mobile home park in the (R-2) Zone; or
- kennels/grooming salons on the same lot as an agricultural use in the General Mixed Use (R-2) Zone.
BUILDING TO BE ERECTED OR MOVED ON A LOT
7.19 No person shall erect or use any building unless such building is erected on a lot, nor erect a building so that it crosses a lot line, as defined herein, except where provided for elsewhere in this By-law. Additionally, no building or structure shall be moved within or into the area covered by this By-law without first obtaining a development permit.
HOME OCCUPATION REQUIREMENTS
7.20 Nothing in this By-law shall prevent the use of a residential dwelling in the Residential Single Unit (R-1) Zone, General Mixed Use (R-2) Zone or an Agricultural (AG) Zone as a home occupation provided that the residence is a permitted use for that zone, and:
a. for the Residential Single Unit (R-1) or the General Mixed Use (R-2) Zone or a non-farm residence in an Agricultural (AG) Zone, the home occupation may be located within either the residential dwelling or the accessory building located on the same lot as the main residential use;
b. for a non-farm residence in an Agricultural (AG) Zone, the home occupation must be wholly contained within the non-farm residential dwelling and an accessory building may be used for storage purposes accessory to the operation of the home occupation;
c. for the Residential Single Unit (R-1) or the General Mixed Use (R-2) Zone, the home occupation is not to exceed more than fifty (50%) percent of the total ground floor area of the dwelling or the accessory building;
d. for a non-farm residence in an Agricultural (AG) Zone, the home occupation is not to exceed more than twenty-five (25%) percent of the total ground floor area of the dwelling;
e. for a residence accessory to a bona fide farm operation in an Agricultural (AG) Zone, the home occupation is not to exceed more than fifty percent (50%) of the total ground floor area of the dwelling or the accessory building;
f. that one (1) off-street customer/client parking space, other than required for the residential use, is provided for every 20 sq. m. (215 sq. ft.) of commercial floor space occupied by the home occupation; and in the case of a taxi or delivery truck one (1) off-street parking space for each taxi or delivery vehicle;
g. for the Residential Single Unit (R-1) Zone, there is no outdoor storage or display and for the General Mixed Use (R-2) Zone the outdoor storage or display shall not exceed an area of 10 sq. m. (107.6 sq. ft.);
h. for a Residential Single Unit (R-1) Zone there is no advertising other than a maximum of one (1) business identification sign a maximum of 0.75 sq. m. (8 sq. ft.) in area, and provided that the sign is not portable or mobile in nature and the provisions of Part 8 of this By-law are met; and
j. that the home occupation does not make use of equipment which is obnoxious by virtue of dust, odour, smoke, noise, or other emissions.
THROUGH LOTS
7.21 In the case of a through lot, the front yard shall be any yard which abuts either of the two opposite streets and the driveway access shall be to either of the two opposite streets.
EXISTING BUILDINGS
7.22 Notwithstanding the other requirements of this By-law a building which has been erected on or before the effective date of this By-law on a lot which does not meet the requirements of this By-law respecting lot area, frontage (other than such lots defined in Section 7.23 of this Part) or setbacks (front yard, side yard, rear yard) may be enlarged, reconstructed, repaired or renovated provided: the development does not further reduce the setback that does not conform to this By-law; and all other applicable requirements of this By-law are satisfied.
EXISTING UNDERSIZED LOTS
7.23 Notwithstanding the other requirements of this By-law, a lot in existence on or before the effective date of this By-law, having less than the minimum lot frontage or area or both required by this By-law, may be used for a purpose permitted in the zone in which the lot is located and a building may be erected on the lot provided that all other applicable requirements in this By-law are satisfied. Where the lot lines of existing undersized lots are altered so as to increase the area and/or frontage of the lot, but still remain an existing undersized lot, the lot shall still be considered an existing undersized lot.
CHANGE OF USE OF AN EXISTING UNDERSIZED LOT
7.24 Notwithstanding the other requirements of this By-law, the use of a building existing on a lot on or before the effective date of this By-law which does not meet the minimum requirements of the By-law respecting lot area, frontage or setbacks (front yard, side yard, rear yard) may be changed to a use permitted in the zone in which the lot is located provided all other applicable requirements of this By-law are met.
AN EXISTING LOT LACKING STREET FRONTAGE
7.25 Notwithstanding the other requirements of this By-law, a lot in existence on or before the effective date of this By-law, which does not meet the requirements of this By-law with respect to the provision of frontage on a municipal, provincial public street or highway or a 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 all other applicable requirements of this By-law are satisfied.
CALCULATION OF LOT FRONTAGE
7.26 Lot frontage shall be determined by the following:
a. in the case of regularly shaped lots, lot frontage shall be measured as a straight line between the points where the two (2) side lot lines meet the front lot line; or
b. in the case of irregularly shaped lots, lot frontage shall be deemed to be the horizontal distance between the side lot lines measured perpendicularly to a line joining the middle of the front lot line with the middle of the rear lot line, at a point equal to the minimum applicable front yard.
CORNER SIGHT TRIANGLE
7.27 On a corner lot, a fence, sign, hedge, shrub, bush or tree or any other structure or vegetation shall not be erected or permitted to grow to a height greater than 0.6 m. (24 in.) above grade or the streets that abut the lot within the triangular area included within the street lines for a distance of 6 m. (19.7 ft.) from their point of intersection.
SIDE YARD WAIVER AND SIDE YARDS ON CORNER LOTS
7.28 Notwithstanding anything else in the By-law, on a corner lot, no main or accessory building shall be erected on the corner lot closer to the flanking street than the minimum front yard applicable to that zone and where buildings on adjacent lots share a common wall, the applicable side yard requirement shall be zero.
REDUCED LOT REQUIREMENTS
7.29 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:
a. the lot area and frontage requirements cannot be met, provided that the originating area of land contained two (2) or more main structures and each new lot contains at least one (1) main structure; or
b. 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; or
c. the lot frontage requirements cannot be met, where the lots are located on an island which does not contain a municipal street or a public street or highway provided each lot has water frontage of 6 m. (19.7 ft.) or more.
d. all other applicable provisions of this By-law are satisfied.
ZERO LOT FRONTAGE LOTS
7.30 Notwithstanding the lot frontage requirements of Section 7.2 of this Part, a lot created pursuant to Section 25 or Section 27 of the Subdivision By-law for the Municipality of Annapolis County and which does not abut a municipal or public street or highway or private road is eligible for a development permit provided all other applicable requirements of this By-law are satisfied.
ALTERED BOUNDARIES
7.31 Notwithstanding the other requirements of this By-law, development permits shall be issued for development on lots created pursuant to the Subdivision By-law, the lots are created by altering the boundaries of two or more areas of land, where no additional lots are created and the frontage and/or area has not been reduced.
DEVELOPMENT COMPONENT RATIONALIZATION
7.32 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 a development component of a permanent nature, such as a structure, driveway, well or septic tank is encroaching in or upon an immediately adjacent area of land.
PARKING SPACES
7.33 A parking space shall be not less than 18 sq. m. (194 sq. ft.) in area, measuring a minimum of 3 m. by 6 m. (10 ft. x 20 ft.) exclusive of driveways or maneuvering aisles.
YARD REQUIREMENTS CONCERNING SLOPES
7.34 Where a front, side or rear yard is required by this By-law and part of the area of the lot is between the top and toe of a cliff or embankment having a slope of fifteen percent (15%) or more from the horizontal, the required yards shall be measured from the nearest wall of the main building or structure on the lot to the top of the cliff if such edge is closer than the lot line.
KEEPING OF AGRICULTURAL ANIMALS
7.35 Unless otherwise prohibited by provisions elsewhere in this By-law, the keeping of agricultural animals is considered an accessory use in all zones in the Planning Area.
PERMITTED ENCROACHMENTS IN YARDS
7.36 Unless otherwise permitted by provisions elsewhere in this By-law, no buildings or structures may be located or erected in any required yard setback, except the following structures may project into or be located in a required yard, required by this By-law in accordance with the distances specified in the following table:
Yard in Which Maximum Projection from
Structure Projection is Permitted Main Wall Permitted
Sills, cornices, eaves Any required yard 1 m. (3.2 ft.)
gutters, chimneys,
pilasters, or canopies
Window Bays Any required yard 1 m. (3.2 ft.) but cannot be
within 1.2 m. (3.9 ft.) of a lot line
Cantilever Required front or 1 m. (3.2 ft.) but cannot be
rear yard within 1 m. (3.2 ft.) of a lot line
Fire escapes and exterior Required rear and side 2 m. (6.6 ft.) but cannot be
staircases yards only within 1.2 m. (3.9 ft.) of a lot line
Balconies, roofed porches, Required front, rear and 2 m. (6.6 ft.) but cannot be
verandah, sun decks, terraces flankage yards only within 1.2 m. (3.9 ft.) of a lot line
Carports Required rear, side and 2.5 m. (8 ft.) but cannot be within
flankage yards 1.2 m. (3.9 ft.) of a lot line
Handicap access Any yard To lot line
Notwithstanding the above, with the exception of handicap access, no projection shall be built closer to a flanking street than 2 m. (6.6 ft.) and to a front street than 3.7 m. (12 ft.).
SEPARATION DISTANCE
7.37 For the purposes of this By-law, a separation distance may include a required front, side or rear yard, landscaping or natural vegetation but excludes accessory structures or uses.
RACING TRACKS
7.38 Notwithstanding anything else in this By-law, the development of commercial operations involving tracks for the racing of animals or tracks for motorized vehicles including but not limited to automobiles, motorcycles, snowmobiles, or all terrain vehicles is prohibited anywhere in the Planning Area, except in the Commercial Park (C-1) Zone where the track is a small scale track and operated as an amusement ride such as a go cart track.
PART 8 SIGNS
GENERAL
8.1 Where the provisions 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. Notwithstanding anything else in this By-law, no person shall erect a sign, including canopies or awnings, without first obtaining a development permit from the Development Officer and no development permit to erect a sign shall be issued unless all the sign provisions of this By-law are satisfied. For the purposes of this By-law an indoor sign shall not be considered a sign.
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.
LIMIT ON THE NUMBER OF SIGNS
8.3 For the purpose of this Part, where a building is occupied by more than one (1) business, each business area shall be considered a separate premise. Notwithstanding the other requirements of this By-law, the maximum number of off-site signs may not exceed two (2) off-site signs per business and the maximum number of on-site signs may not exceed two (2) on-site signs per business on the premise at a time. Each sign face is counted as a single sign. Unless stated otherwise in this By-law, a sign may be erected or located in any required front, rear, side or flankage yard, provided all other applicable provisions 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:
a. signs identifying the name and address of a resident, and of not more than 0.4 sq. m. (4 sq. ft.) in sign area;
b. "No trespassing" signs or other such signs regulating the use of a property, and of not more than 1.2 sq. m. (13 sq. ft.) in sign area;
c. real estate signs not exceeding 1 sq. m. (10.8 sq. ft.) in sign area in any residential zone, and 3 sq. m. (32.3 sq. ft.) in all other zones, which advertise the sale, rental or lease of the premises; and may be in conjunction with subsection (m.) below, but the provisions of this Part regarding sign area shall prevail;
d. signs regulating or denoting on-premises traffic, or parking or other signs denoting the direction to or function of various parts of a building or premises;
e. signs erected by a governmental authority or under the direction of such an authority such as but not limited to; traffic signs, crossings signs, signs identifying public facilities, event signs, public election lists and directory signs identifying the names and locations of local businesses, or organizations;
f. memorial signs or signs denoting the history and/or date of a site or structure;
g. signs on mail boxes or newspaper tubes;
h. Signs that advertise a form of payment acceptable by the merchant;
j. signs that constitute an integral part of a vending machine, telephone booth, devices that indicate the time, date or weather conditions or similar device whose principle function is not to convey an advertising message;
k. signs that do not exceed 0.4 sq. m. (4 sq. ft.) in sign area and that convey the message that a business enterprise is open or closed or that a place of lodging has or does not have a vacancy;
l. the flag, pennant, banner, or banner of any government authority or of any religious, charitable or fraternal or corporate organization; and
m. signs having an area of not more than 5 sq. m. (54 sq. ft.) incidental to construction and within the area designated for such purposes and erected only during the period of construction.
SIGNS PROHIBITED IN ALL ZONES
8.5 The following signs shall not be permitted in any zone:
a. any sign promoting, advertising, or indicating any business, use, location or establishment which is located outside of the Planning Area;
b. a series of signs in a line each carrying part of a single advertising message;
c. on-site signs exceeding 3 sq. m. (32 sq. ft.) in sign face area;
d. off-site signs exceeding 1.5 sq. m. (16 sq. ft.) in sign face area;
e. signs which incorporate in any manner any flashing or moving illumination which varies in intensity or in colour and signs which have any visible moving part, visible revolving parts, or visible mechanical movement of any description;
f. any sign or sign structure which constitutes a hazard to public safety or health;
g. signs which by reason of size, location, content, coloring, or manner of illumination obstruct the vision of drivers or obstruct or detract from the visibility or effectiveness of any traffic sign or control device on public streets, or which may be confused with any traffic sign or control device;
h. any signs which obstruct free ingress to or egress from a fire escape door, window, or other required exit-way;
j. signs painted on, attached to or supported by a tree, stone, or other natural object;
k. any sign advertising a business no longer in operation or a product no longer sold;
l. signs not erected by a governmental authority which make use of words such as "STOP", "LOOK", "ONE WAY", "YIELD", or any similar words, phrases, symbols, lights, characters, or colors such as directional arrows in such a manner or location as to interfere with, mislead, or confuse traffic;
m. signs on public property or a public right-of-way unless erected by a government authority or unless required to be located by order of government authority; and
n. signs not erected by a government body which are located at or near sharp road curves, below the crest of a steep road grade.
FACIAL WALL SIGNS
8.6 No facial wall sign shall:
a. extend above the top of the wall upon which the facial wall sign is placed;
b. extend beyond the wall upon which the facial wall sign is attached to; and
c. project more than 0.3 m. (1 ft.) from the wall on which sign is attached to.
PROJECTING WALL SIGNS
8.7 No projecting wall sign shall:
a. exceed 0.75 sq. m. (8 sq. ft.) in sign area unless the projecting sign, supporting structure and installation method of the sign are designed by a qualified professional;
b. project beyond a property line, driveway, entrance or exit access or ramp or parking aisle or area;
. c. project into or over any public property or a corner sight triangle; and
d. project above the top of the wall on which the projecting wall sign is attached to.
TEMPORARY SIGNS
8.8 Temporary signs used for the advertisement of special events or occasions, sales, relocations and similar purposes shall be placed not more than two (2) weeks prior to the occasion and shall be removed within one (1) week of the completion of the occasion and shall be limited to no more than three such signs on any property, shall not be counted in addition to other signs permitted in accordance with the other requirements of this Part and do not require the issuance of a development permit.
GROUND SIGNS
8.9 No ground sign shall project beyond a property line, into a corner sight triangle over any public property, driveway, entrance or exit access or ramp or parking aisle or area; and in the case of a ground sign such as a folding or sandwich sign the ground sign shall not be located on public property or be placed in a corner sight triangle.
ROOF SIGNS
8.10 No roof signs shall be permitted unless the roof sign, supporting structure and installation method of the sign are designed by a qualified professional.
SIGNS IN A RESIDENTIAL ZONE
8.11 Unless permitted under Section 8.4 of this Part, in the Residential Single Unit (R-1) Zone or the Residential Protected (R-4) Zone no sign shall:
a. be erected that is mobile or portable in nature;
b. exceed 0.75 sq. m. (8 sq. ft.) in area;
c. be illuminated except by lighting devices accessory to the main use; and
d. no off-site signs shall be permitted in the Residential Single Unit (R-1) Zone or Residential Protected (R-4) Zone.
PART 9 RESIDENTIAL SINGLE UNIT (R-1) ZONE
R-1 USES PERMITTED
9.1 The following uses shall be permitted in a Residential Single Unit (R-1) Zone:
Single Detached Dwellings
Home Occupations, subject to the requirements of Part 7, Section 20
Public Park & Recreation Uses
R-1 ZONE REQUIREMENTS
9.2 No development permit shall be issued in a Residential Single Unit (R-1) Zone unless in conformity with the following requirements:
Minimum Lot Area 2,700 sq. m. (29,063.5 sq. ft.)
Minimum Lot Frontage 30.5 m. (100 ft.)
Minimum Front Yard 7.6 m. (24.9 ft.)
Minimum Side Yard 3.1 m. (10.2 ft.)
Minimum Rear Yard 3.1 m. (10.2 ft.)
NOTE: larger lot sizes may be required in accordance with Provincial Regulations for On-Site Sewage Disposal Systems.
SPECIAL REQUIREMENTS: ABUTTING YARD REQUIREMENTS
9.3 Where a Residential Single Unit (R-1) Zone abuts a Commercial Park (C-1) Zone or an Agricultural (AG) Zone, the following restrictions shall apply to the abutting yard(s) within the Residential Single Unit (R-1) Zone:
a. where the abutting yard follows a rear yard, the minimum abutting yard setback shall be measured from side lot line to side lot line, and the minimum required abutting yard setback shall be 15 m. (49.2 ft.);
b. where the abutting yard follows a side yard, the minimum abutting yard setback shall be measured from the front lot line to the rear lot line, and the minimum required abutting yard setback shall be 15 m. (49.2 ft.);
c. no buildings or structures shall be permitted to be developed in a required abutting yard.
PART 10 GENERAL MIXED USE (R-2) ZONE
R-2 USES PERMITTED
10.1 The following uses shall be permitted in a General Mixed Use (R-2) Zone:
Agricultural Uses and Structures Group Care Facilities Dwelling
*Aquaculture Uses and Structures Institutional Uses
*Artisan Workshops *Kennels and Grooming Salons
*Auctioneering Establishment *Licensed Liquor Establishments
*Banks and Financial Institutions Marinas, Docks, Wharves
Bed and Breakfast Establishments *Medical Practitioner Offices and Clinics
Boarding Houses or Rooming Houses *Non-Residential Day Care Centres
*Business or Professional Offices Nursing Homes
Churches and Cemeteries Park & Recreation Uses
Community Centres *Personnel Service Shops
*Commercial Clubs *Private Clubs
*Commercial Entertainment Centres Public Authorities and Utilities
*Commercial Recreation Centres Public Park & Recreation Uses
*Commercial Schools *Recycling Depots
*Construction Industry Uses Residential Daycare Centre
*Craft Shops *Restaurants,
*Custom Workshops * Restaurants, Drive In or Take Out
*Funeral Homes *Retail Stores
*Domestic and Household Arts Senior Citizen Apartment Dwellings
Double Dwellings *Service Industries
Duplex or Semi-Detached Dwellings *Service or Repair Shops
*Existing Campgrounds Single Detached Dwellings
*Existing Cottage Facilities Townhouses or Rowhouses
*Existing Hotels and Motels *Veterinary Offices and Clinics
Existing Multiple Unit Dwellings *Warehouse and Distribution Centres
Farm Markets and Garden Centres *Wholesale Establishments
Forestry Uses and Structures
*Fraternal Centres * denotes that Part 10.3 applies
*Any activity connected with the Motor Vehicle Trade (except for salvage or scrap yards)
*Commercial and Retail Uses Accessory to the Main Industrial Use
*Commercial Recreation Vehicles Sales, Service and Repair Facilities
Existing Fish Plant and Processing Operation (PID No. 05093042)
Expansion of Existing Accommodation Uses, except those indicated in Section 10.7
Home Occupations, subject to the requirements of Part 7. 20 and Part 10.2
R-2 ZONE REQUIREMENTS
10.2 No development permit shall be issued in a General Mixed Use (R-2) Zone unless in conformity with the following requirements:
Minimum Lot Area 2,700 sq. m. (29,063.5 sq. ft.)
Minimum Lot Frontage 30.5 m. (100 ft.)
Minimum Front Yard 4.6 m. (15.1 ft.)
Minimum Side Yard 3.1 m. (10.2 ft.)
Minimum Rear Yard 3.1 m. (10.2 ft.)
NOTE: larger lot sizes may be required in accordance with Provincial Regulations for On-Site Sewage Disposal Systems.
SPECIAL R-2 ZONE REQUIREMENTS
10.3 No development permit shall be issued in a General Mixed Use (R-2) Zone unless in conformity with the following requirements:
Minimum Lot Area 2,700 sq. m. (29,063.5 sq. ft.)
Minimum Lot Frontage 30.5 m. (100 ft.)
Minimum Front Yard 15.2 m. (49.9 ft.)
Minimum Side Yard 7.6 m. (24.9 ft.)
Minimum Rear Yard 7.6 m. (24.9 ft.)
NOTE: larger lot sizes may be required in accordance with Provincial Regulations for On-Site Sewage Disposal Systems.
SPECIAL REQUIREMENT: DEVELOPMENT AGREEMENTS
10.4 The development of new multiple unit dwellings or the expansion of an existing multiple unit dwellings within the General Mixed Use (R-2) Zone shall be permitted by development agreement in accordance with Policy 5.1.7 and Policy 5.9.3.1 of the Planning Area’s Municipal Planning Strategy.
SPECIAL REQUIREMENT: DEVELOPMENT AGREEMENTS
10.5 The development of new Mobile Home Parks in the General Mixed Use (R-2) Zone shall be permitted by development agreement in accordance with Policy 5.1.8 and Policy 5.9.3.1 of the Planning Area’s Municipal Planning Strategy.
SPECIAL REQUIREMENT: DEVELOPMENT AGREEMENTS
10.6 The development of new commercial uses in excess of 465 sq. m. (5,000 sq. ft.) of gross floor area or the expansion of an existing commercial uses which when expanded will be in excess of 465 sq. m. (5,000 sq. ft.) of gross floor area in the General Mixed Use (R-2) Zone shall be permitted by development agreement in accordance with Policy 5.1.10 and Policy 5.9.3.1 of the Planning Area’s Municipal Planning Strategy.
SPECIAL REQUIREMENT: DEVELOPMENT AGREEMENTS
10.7 The development of new accommodation uses and expansions of existing accommodation developments shall be permitted by development agreement in accordance with Policy 5.1.11 and Policy 5.9.3.1 of the Municipal Planning Strategy. This does not apply to the following:
(a) where the accommodations are contained in one building, the expansion is less than 25% of the gross floor area of the building; and
(b) where the accommodations are cottages or campgrounds, the expansion is less than 25% of the total square foot area occupied by the existing use;
(c) the redevelopment of an existing accommodation uses or developments where the existing accommodation use or development was destroyed by fire.
SPECIAL REQUIREMENTS: ABUTTING YARD REQUIREMENTS
10.8 Where a General Mixed Use (R-2) Zone abuts a Commercial Park (C-1) Zone or an Agricultural (AG) Zone, the following restrictions shall apply to the abutting yard(s) within the General Mixed Use (R-2) Zone:
a. where the abutting yard follows a rear yard, the minimum abutting yard setback shall be measured from side lot line to side lot line, and the minimum required abutting yard setback shall be 15 m. (49.2 ft.);
b. where the abutting yard follows a side yard, the minimum abutting yard setback shall be measured from the front lot line to the rear lot line, and the minimum required abutting yard setback shall be 15 m. (49.2 ft.);
c. no buildings or structures shall be permitted to be developed in a required abutting yard.
SPECIAL REQUIREMENT: FLAG LOTS CREATED AFTER THE ADOPTION OF THIS BY-LAW
10.9 Notwithstanding Section 10.2 of this Part, in the General Mixed Use (R-2) Zone a development permit may be issued for a single detached dwelling on a "flag" lot provided the following provisions are met:
a. where the lot is to be serviced with on-site water and on-site sewer the minimum lot area shall be 3,000 sq. m. (32,293 sq. ft.);
b. the minimum lot frontage shall be 7.6 m. (24.9 ft.);
c. the minimum front and rear yard shall be 9.1 m. (29.9 ft.); and
d. the minimum side yards shall be 4 m. (13 ft.).
PART 11 RESIDENTIAL PROTECTED (R-4) ZONE
R-4 USES PERMITTED
11.1 The following uses shall be permitted in a Residential Protected (R-4) Zone:
Single Detached Dwellings Public Park & Recreation Uses
R-4 ZONE REQUIREMENTS
11.2 No development permit shall be issued in a Residential Protected (R-4) Zone unless in conformity with the following requirements:
Minimum Lot Area 2,700 sq. m. (29,063.5 sq. ft.)
Minimum Lot Frontage 30.5 m. (100 ft.)
Minimum Front Yard 7.6 m. (24.9 ft.)
Minimum Side Yard 3.1 m. (10.2 ft.)
Minimum Rear Yard 3.1 m. (10.2 ft.)
NOTE: larger lot sizes may be required in accordance with Provincial Regulations for On-Site Sewage Disposal Systems.
SPECIAL REQUIREMENT: HOME OCCUPATIONS
11.3 No development permit shall be issued for home occupations in a Residential Protected (R-4) Zone.
SPECIAL REQUIREMENTS: ABUTTING YARD REQUIREMENTS
11.4 Where a Residential Protected (R-4) Zone abuts a Commercial Park (C-1) Zone or an Agricultural (AG) Zone, the following restrictions shall apply to the abutting yard(s) within the Residential Protected (R-4) Zone:
a. where the abutting yard follows a rear yard, the minimum abutting yard setback shall be measured from side lot line to side lot line, and the minimum required abutting yard setback shall be 15 m. (49.2 ft.);
b. where the abutting yard follows a side yard, the minimum abutting yard setback shall be measured from the front lot line to the rear lot line, and the minimum required abutting yard setback shall be 15 m. (49.2 ft.);
c. no buildings or structures shall be permitted to be developed in a required abutting yard.
PART 12 COMMERCIAL PARK (C-1) ZONE
C-1 USES PERMITTED
12.1 The following uses shall be permitted in a Commercial Park (C-1) Zone:
| Amusement Rides and Facilities Art Galleries Artisan Workshops Botanical Exhibits Campgrounds Commercial Entertainment Centres Commercial Recreation Centres Commercial Recreation Uses Community Centres Cottage Facilities Craft Shops Custom Workshops Domestic and Household Arts Hotels and Motels Interpretative Centre Licensed Liquor Establishments |
Marinas, Docks and Wharves Museums Non-Residential Daycare Centres Park & Recreation Uses Parking Lots and Parking Structures Personal Service Shops Picnic Parks Public Authorities and Utilities Restaurants Restaurants, Drive In or Take Out Retail Stores Shopping Centre or Malls Strip Malls Taxi and Bus Stations Zoological Exhibits |
Office and Residential Facilities Accessory to the Use and Operation of a Commercial Recreation Park Facility
C-1 ZONE REQUIREMENTS
12.2 No development permit shall be issued in a Commercial Park (C-1) Zone unless in conformity with the following requirements:
Minimum Lot Area 2,700 sq. m. (29,063.5 sq. ft.)
Minimum Lot Frontage 30.5 m. (100 ft.)
Minimum Front Yard 7.6 m. (24.9 ft.)
Minimum Side Yard 3.1 m. (10.2 ft.)
Minimum Rear Yard 3.1 m. (10.2 ft.)
NOTE: larger lot sizes may be required in accordance with Provincial Regulations for On-Site Sewage Disposal Systems.
SPECIAL REQUIREMENTS: ABUTTING YARD REQUIREMENTS
12.3 Where a Commercial Park (C-1) Zone abuts a Residential (R-1, R-2 & R-4) Zone, the following restrictions shall apply to an abutting yard within the Commercial Park (C-1) Zone:
a. the minimum required side and rear yard for the abutting yard shall be 15 m. (49.2 ft.); however, this may be reduced to 7 m. (23 ft.) where a 1.8 m. (6 ft.) high opaque buffer strip, berm or fence is provided;
b. no outdoor storage or display area shall be permitted in a required abutting yard;
c. no parking space shall be permitted in a required abutting yard within 6 m. (19.7 ft.) of a side or rear lot line, however, this may be reduced to 1.5 m. (5 ft.) where a 1.8 m. (6 ft.) high opaque buffer strip, berm or fence is provided;
d. in addition to the provisions of Part 8 - SIGNS, signs located in an abutting yard shall also be subject to the following requirements:
i. all signs shall be non-illuminated;
ii. only directional or business identification signs shall be permitted;
iii. a facial wall sign area shall not exceed 1 sq. m. (11 sq. ft.);
iv. a projecting sign area shall not exceed 1 sq. m. (11 sq. ft.);
v. ground signs shall not exceed 1 sq. m. (11 sq. ft.).
PART 13: HIGHWAY COMMERCIAL (C-2) ZONE
C-2 USES PERMITTED
13.1 The following uses shall be permitted in a Highway Commercial (C-2) Zone:
| Agricultural Uses and Structures Aquaculture Uses and Structures Artisan Workshops Auctioneering Establishment Banks and Financial Institutions Business or Professional Offices Commercial Clubs Commercial Entertainment Centres Commercial Recreation Centres Commercial Schools Community Centres Construction Industry Uses Craft Shops Custom Workshops Domestic and Household Arts *Existing Single Detached Dwellings Farm Markets and Garden Centres Fraternal Centres Funeral Homes Hotel, Motel, and Tourist Establishments Institutional Uses Kennels and Grooming Salons |
Licensed Liquor Establishments Marinas, Docks, Wharves Medical Practitioner Offices and Clinics Non-Residential Day Care Centres Parking Lots and Parking Structures Personnel Service Shops Private Clubs Public Authorities and Utilities Recycling Depots Restaurants Restaurants, Drive In or Take Out Retail Stores Service Industries Service or Repair Shops Shopping Centre or Mall Strip Malls Taxi and Bus Stations Veterinary Offices and Clinics Warehouse and Distribution Centres Wholesale Establishments * denotes that Part 13.4 applies |
Any activity connected with the Motor Vehicle Trade (except for salvage or scrap yards)
Commercial Recreation Vehicles Sales, Service and Repair Facilities
Commercial and Retail Uses Accessory to the Main Industrial Use
Home Occupations, subject to the requirements of Part 7. 20 and Part 10.2
SPECIAL REQUIREMENTS: MIXED USE RESIDENTIAL
13.2 The development of new mixed use residential/commercial or office uses are permitted where the first or ground floor is dedicated to commercial/business/office uses and the remaining upper stories contain the residential dwelling(s). Residential uses are restricted to a maximum of two dwelling units in total. Residential uses are permitted to locate in existing commercial building(s) providing the residential use(s) is not located on the first or ground floor of the existing building(s) or structure(s).
C-2 ZONE REQUIREMENTS
13.3 No development permit shall be issued in a Highway Commercial (C-2) Zone unless in conformity with the following requirements:
Minimum Lot Area 2,700 sq. m. (29,063.5 sq. ft.)
Minimum Lot Frontage 30.5 m. (100 ft.)
Minimum Front Yard 15.2 m. (49.9 ft.)
Minimum Side Yard 7.6 m. (24.9 ft.)
Minimum Rear Yard 7.6 m. (24.9 ft.)
NOTE: larger lot sizes may be required in accordance with Provincial Regulations for On-Site Sewage Disposal Systems.
C-2 ZONE REQUIREMENTS
13.4 No development permit shall be issued in a Highway Commercial (C-2) Zone unless in conformity with the following requirements:
Minimum Lot Area 2,700 sq. m. (29,063.5 sq. ft.)
Minimum Lot Frontage 30.5 m. (100 ft.)
Minimum Front Yard 4.6 m. (15.1 ft.)
Minimum Side Yard 3.1 m. (10.2 ft.)
Minimum Rear Yard 3.1 m. (10.2 ft.)
NOTE: larger lot sizes may be required in accordance with Provincial Regulations for On-Site Sewage Disposal Systems.
PART 14 AGRICULTURAL (AG) ZONE
AG USES PERMITTED
14.1 The following uses shall be permitted in an Agricultural (AG) Zone:
Agricultural Uses and Structures
Bed and Breakfast Operations (in Existing Residential Dwellings Only)
Existing Non-Farm Residential Uses
Existing Non-Farm Supportive Commercial or Industrial Uses
Farm Markets
Farm Residences accessory to Bona Fide Agricultural Farm Operations
Farm Supportive Uses
Forestry Uses and Structures
Home Occupations, subject to the requirements of Part 7, Section 20
AG ZONE REQUIREMENTS
14.2. No development permit shall be issued in an Agricultural (AG) Zone unless in conformity with the following requirements:
Minimum Lot Area 2,700 sq. m. (29,063.5 sq. ft.)
Minimum Lot Frontage 30.5 m. (100 ft.)
Minimum Front Yard 7.6 m. (24.9 ft.)
Minimum Side Yard 3.1 m. (10.2 ft.)
Minimum Rear Yard 3.1 m. (10.2 ft.)
NOTE: larger lot sizes may be required in accordance with Provincial Regulations for On-Site Sewage Disposal Systems.
SPECIAL REQUIREMENT: USES NOT REQUIRING A PERMIT
14.3 Agricultural and forestry uses are permitted in the Agricultural (AG) Zone without a development permit but any structure required with such a use shall not be erected without the issuance of a development permit.
SPECIAL REQUIREMENT: FRONTAGE ON A ROAD
14.4 In the Agricultural (AG) Zone a development permit may be issued for an agricultural use or a forestry use located on a lot which does not front on a municipal or provincial public street or highway or a private road.
SPECIAL REQUIREMENT: FARM SUPPORTIVE USES
14.5 In the Agricultural (AG) Zone farm supportive commercial or industrial uses are permitted provided that at least seventy five per cent (75%) of their operation is related to the sale, processing, sorting, grading, packaging, inspection, storage, retailing, transport of agricultural goods or the servicing of agricultural operations.
SPECIAL REQUIREMENT: EXISTING NON-FARM RESIDENTIAL USES
14.6 In the Agricultural (AG) Zone the expansion or replacement of existing non-farm related residential uses is permitted provided that the expansion or replacement does not result in the creation of additional dwelling units.
SPECIAL REQUIREMENT: PROHIBITED USES
14.7 Notwithstanding any provisions of this By-law, the removal of topsoil shall be prohibited on lots located within the Agricultural (AG) Zone with the exception of lots developed for industrial purposes pursuant to Section 14.8 of this Part.
SPECIAL REQUIREMENT: DEVELOPMENT AGREEMENTS
14.8 The development of industrial uses, which as part of their processing operation may result in the removal of topsoil, such as but not limited to sod or peat removal operations within the Agricultural (AG) Zone shall be permitted by development agreement in accordance with Policy 5.4.6 and Policy 5.9.3.1 of the Planning Area’s Municipal Planning Strategy.
SPECIAL REQUIREMENTS: ABUTTING YARD REQUIREMENTS
14.9 Where an Agricultural (AG) Zone abuts any other zone, with the exception of the Commercial Park (C-1) Zone or the Highway Commercial (C-2) Zone, the following restrictions shall apply to the abutting yard(s) within the Agricultural (AG) Zone:
a. where the abutting yard follows a rear yard, the minimum abutting yard setback shall be measured from side lot line to side lot line, and the minimum required abutting yard setback shall be 23 m. (75.5 ft.);
b. where the abutting yard follows a side yard, the minimum abutting yard setback shall be measured from the front lot line to the rear lot line, and the minimum required abutting yard setback shall be 23 m. (75.5 ft.);
c. no buildings or structures shall be permitted to be developed in a required abutting yard.
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