HomeMy Public PortalAbout2024-02_01_Municipal Land Use By-law_OFFICIAL_IN EFFECTCONTENTS | MUNICIPAL LAND USE BY-LAW | 1
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Municipality of the District of Chester
Land Use By-law
Original Documents Approved by Council on
28/10/2019
Approved by the Minister of Municipal Affairs on 20/12/2019 with an
effective date of 09/01/2020.
This CONSOLIDATED EDITION is prepared for convenience only. For
complete reference, please consult the original documents. This
CONSOLIDATED EDITION has the following history:
1)
2)
3)
Compiled 09/01/2020
Amended 24/10/2020
File No (CM-AM2020-001)
Amended 18/03/2021
File No (CM-AL2020-001)
From the documents adopted by Council
on 28/10/2019 and approved without
amendments by the Minister on
20/12/2019 with an effective date of
09/01/2020.
Amended definitions for Watercourse,
Water body and Wetland to clarify that the
definitions include features appearing on
the Nova Scotia 1:10,000 topographic
database.
Amended Section 3.5 to remove text
relating to a professional assessment.
Added Section 4.28.2 c) to clarify the
submission of a professional assessment
contrary to the Nova Scotia 1:10,000
topographic database can be submitted by
the property owner or their representative.
Revisions to Zoning Map to align zoning
layer with property boundaries layer to
correct visual errors at large scales.
Amended Section 4.1.9 to remove the
restriction on placing accessory structures
within the Front Yard of a lot.
CONTENTS | MUNICIPAL LAND USE BY-LAW | 4
3)
Clarified that accessory structures, small
accessory structures and minor accessory
structures are not permitted to be
constructed within 1.5m of a main building
or structure, excluding signs, except that a
fence or retaining wall may join accessory
structures with a main building.
Amended 8.5.1 to allow “Accessory
Structures related to Existing Golf Courses”
within the Neighbourhood Comprehensive
Development District Zone to permit
development of accessory structures at
Aspotogan Ridge Golf Course by
development permit.
Amended Definition Section to add
definition to define a “Landlocked lot”.
Amended Definition Section to add
definition for “tourist homes” (short term
rentals)
Amended a reference at Section 4.7.3 to
refer to Section 4.7.1 and 4.7.2.
Amended a reference at Section 6.3.5 to
refer to Section 6.3.4.
Amended Section 4.28.1c) replacing
existing text to state that small accessory
structures, fire fighting impoundments and
structures related to water systems are
permitted to be located within the
Lakefront Overlay.
Reorganized and alphabetized the General
Provisions section to correct the location of
4.25 Places of Worship which is currently
out of alphabetical order.
CONTENTS | MUNICIPAL LAND USE BY-LAW | 5
4)
5)
6)
7)
Amended 31/03/2022
File No (CM-AL2020-
002)
Amended 01/09/2022
File No (CM-AL2022-
001)
Amended 12/08/2022
File No (CM-AL2022-
002)
Amended 2023-07-27
File No CM-AL 2022-
003
Add text as Section 9.4 to describe and
outline the Lakeside Zone and
corresponding regulations from 9.4.1 to
9.4.11.
Rezoned properties on Sherbrooke Lake
from General Basic to Lakeside Zone.
Add Sherbrooke Lake United Church Camp
as a permitted use within the Lakeside
Zone.
Map amendments to the LUB Schedule A-
Zoning Map.
Rezoned a portion of PID 60422888 from
SR-2 to MU
Amendments to Section 3.2 Interpretation
of Zone Boundaries to add wording to
address the adoption of revised maps from
time to time as the province updates data;
Amendment to Section 4.1.3 Mobile
Vending to add language explaining that
certain By-Laws are exempt from LUB
provisions, including but not limited to:
Unform Signage By-Law #152 & Outdoor
Dining By-Law #153;
Amendment to 4.18.1 Private Storage to
use single unit dwelling setbacks of the
zone the structure is located in, as the
standard for private storage;
Amendment to Section 4.28.1 Lakefront
Overlay to:
a. Clarify language that any development
on a lot subject to the Lakefront Overlay
requires a development permit
CONTENTS | MUNICIPAL LAND USE BY-LAW | 6
8)
Amended 2024-02-01
File No: CM-AL 2022-
005
b. Revise lot coverage language to better
reflect the calculation for permitted
impermeable surfaces:
Amendment to Section 6.4.1 SR-2
Permitted Uses and Developments to:
a. revise setbacks for 3-11 dwelling units
on a lot from 1.5m to 3m
b. revise setbacks for Tourism
Accommodations from 7m to 7.5m to
match MU Zone requirements;
Amendment to Section 6.5.1 Mixed Use
Zone Permitted Uses and Developments to
revise language for larger campgrounds
and RV parks to “21 or more sites”
Amendment to Section 9.4.3 lake Side Zone
to add Waterfront Parks not owned by the
Municipality by Development Agreement
to list of Permitted Uses and
Developments.
Added a definition for Small Option
Dwellings as a new sub-section of the
definition for Dwelling.
Added 4.1.10 Small Option Dwellings as a
sub-section of 4.1 in the General Provisions
to permit small option dwellings in all
zones where any type of residential use is
permitted.
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CONTENTS
CONTENTS ............................................................................................................................ 9
PREFACE.............................................................................................................................. 15
About zones and overlays ....................................................................................... 15
About permits and approvals ................................................................................ 15
About the Municipal Planning Strategy ............................................................. 16
About making changes to the Land Use By-law............................................. 16
How to contact the Municipality .......................................................................... 16
1.0 TITLE, PURPOSE, AND SCOPE .............................................................................. 17
2.0 DEFINITIONS .............................................................................................................. 19
3.0 ADMINISTRATION ................................................................................................... 41
3.1 Zones ................................................................................................................. 41
3.2 Interpretation of Zone Boundaries......................................................... 41
3.3 References are inclusive ............................................................................. 42
3.4 Overlays ............................................................................................................ 42
3.5 Watercourses, water bodies and wetlands ......................................... 42
3.6 Standards of Measurement ...................................................................... 42
3.7 Interpretation of Certain Words .............................................................. 43
3.8 Development Officer ................................................................................... 43
3.9 Development Permits .................................................................................. 43
3.10 Signatures ........................................................................................................ 44
3.11 Issuance of Development Permit ............................................................ 44
3.12 Deviations ........................................................................................................ 45
3.13 Amend or re-issue ........................................................................................ 45
3.14 Revocation of Permits ................................................................................. 45
3.15 Decision in Writing ....................................................................................... 46
3.16 Development Agreements ........................................................................ 46
3.17 Notice of Amendment or Agreement ................................................... 46
3.18 Cost of Advertising, Registration and Notice ..................................... 47
CONTENTS | MUNICIPAL LAND USE BY-LAW | 10
3.19 Notice of Variance or Site Plan Approval ............................................ 47
3.20 Cost of Notice of Variance or Site Plan Approval ............................. 47
3.21 Application Fees ............................................................................................ 48
3.22 Violations ......................................................................................................... 48
4.0 GENERAL PROVISIONS .......................................................................................... 49
4.1 Application, Waivers and Exemptions ................................................... 49
4.1.1 Application of General Provisions ............................................... 49
4.1.2 Height regulation .............................................................................. 49
4.1.3 Mobile vending .................................................................................. 49
4.1.4 Permitted uses .................................................................................... 49
4.1.5 Restoration to a safe condition ................................................... 49
4.1.6 Signs ....................................................................................................... 50
4.1.7 Swimming pools ................................................................................ 50
4.1.8 Accessory Uses ................................................................................... 50
4.1.9 Accessory Structures ........................................................................ 50
4.1.10 Small Option Dwellings .................................................................. 50
4.2 Aggregate processing ................................................................................. 51
4.3 Agricultural Uses ........................................................................................... 51
4.4 Cannabis Production Facilities ................................................................. 51
4.4.1 Indoor Cannabis Production Facilities ....................................... 51
4.4.2 Outdoor Cannabis Production Facilities ................................... 52
4.5 Community Gardens .................................................................................... 52
4.6 Composting, Small-scale............................................................................ 52
4.7 Electrical Generation Facilities ................................................................. 52
4.7.1 Wind Turbines .................................................................................... 52
4.7.2 Solar Collectors .................................................................................. 53
4.7.3 High Capacity Electrical Generating Facilities ........................ 53
4.8 Farm Animals .................................................................................................. 53
4.9 Farm Markets .................................................................................................. 53
4.10 Fences ............................................................................................................... 53
4.11 Fuel Production, Alternative Non-commercial .................................. 54
CONTENTS | MUNICIPAL LAND USE BY-LAW | 11
4.12 Lots ..................................................................................................................... 54
4.12.1 Common lot line ................................................................................ 54
4.12.2 Existing undersized lots .................................................................. 54
4.12.3 Minimum lot frontage ..................................................................... 55
4.13 Non-Conforming Structures and Uses ................................................. 55
4.13.1 Non-conforming structures: enlargement and relocation 55
4.13.2 Non-conforming structures: used as permitted in zone .... 56
4.13.3 Non-conforming uses ..................................................................... 56
4.14 Outdoor lighting ........................................................................................... 56
4.15 Outdoor wood furnaces ............................................................................. 56
4.16 Parking requirements .................................................................................. 56
4.17 Places of Worship & Cemeteries ............................................................ 57
4.18 Private storage ............................................................................................... 57
4.19 Public Structures and Uses ........................................................................ 57
4.20 Radio-communications facilities ............................................................. 57
4.21 Salvage yards .................................................................................................. 57
4.22 Shipping containers ..................................................................................... 58
4.23 Site Plan Approval ........................................................................................ 58
4.24 Stormwater Standard .................................................................................. 60
4.25 Temporary structures .................................................................................. 60
4.25.1 Temporary uses: special occasions ............................................. 60
4.25.2 Temporary structures: incidental to construction ................. 61
4.25.3 Temporary structures: special occasions .................................. 61
4.25.4 Temporary signs: special occasions ........................................... 61
4.26 Variances .......................................................................................................... 61
4.27 Vehicle Habitation & Storage .................................................................. 62
4.28 Watercourses, Water Bodies, and Wetlands ....................................... 62
4.28.1 Lakefront Overlay .............................................................................. 62
4.28.2 Watercourses, Water Bodies, and Wetlands ........................... 62
4.29 Wharves, slipways and docks ................................................................... 63
5.0 RURAL AREA .............................................................................................................. 65
CONTENTS | MUNICIPAL LAND USE BY-LAW | 12
5.1 Application ...................................................................................................... 65
5.2 General Basic Zone ....................................................................................... 67
6.0 SETTLEMENT AREA .................................................................................................. 71
6.1 Application ...................................................................................................... 71
6.2 Single Unit Residential Zone .................................................................... 73
6.3 Settlement Residential One Zone ........................................................... 77
6.4 Settlement Residential Two Zone ........................................................... 81
6.5 Mixed-Use Zone ............................................................................................ 82
6.6 Coastal Island One Zone ............................................................................ 86
6.7 Coastal Island Two Zone ............................................................................ 88
6.8 Gateway Zone ................................................................................................ 90
7.0 HAMLET AREA ........................................................................................................... 93
7.1 Application ...................................................................................................... 93
7.2 Hamlet Zone ................................................................................................... 95
8.0 INDUSTRIAL AND BUSINESS AREA ................................................................... 99
8.1 Application ...................................................................................................... 99
8.2 Business Park Zone .................................................................................... 101
8.3 Kaizer Meadow Industrial Zone ............................................................. 103
8.4 Kaizer Meadow Zone ................................................................................. 105
8.5 Neighbourhood Comprehensive Development District Zone ... 107
9.0 ENVIRONMENTAL PROTECTION AREA ......................................................... 109
9.1 Application .................................................................................................... 109
9.2 Protected Watershed Zone ..................................................................... 111
9.3 Conservation Zone ..................................................................................... 113
10.0 SIGNS ....................................................................................................................... 118
10.1 General regulations for all signs ........................................................... 118
10.2 Signs prohibited in all zones .................................................................. 118
10.3 Signs for which no development permit is required ..................... 118
10.4 Single-Premise Ground Signs ................................................................ 120
10.5 Multiple-Premise Ground Signs ............................................................ 120
10.6 Wall Signs ...................................................................................................... 120
CONTENTS | MUNICIPAL LAND USE BY-LAW | 13
10.7 Projecting Wall Signs ................................................................................. 120
CONTENTS | MUNICIPAL LAND USE BY-LAW | 14
PREFACE | MUNICIPAL LAND USE BY-LAW | 15
PREFACE
This Land Use By-law contains regulations for development. It applies to
all lands in the Municipality that are outside the Village Planning Area, as
shown on the Zoning Maps contained in Schedule “A”.
About zones and overlays
Zones are the principal organizing units within this By-law. All parcels of
land in the Municipality are located within a zone that identifies the land
uses permitted and sets out development standards, such as minimum lot
sizes, setbacks from lot lines and minimum yard size. This By-law contains
general provisions for all zones as well as provisions for each of the zones.
Overlays are areas of land having special characteristics that may extend
across more than one zone, and which contain additional development
standards. This By-law states the provisions that apply.
About permits and approvals
Many developments require a development permit. A development
permit is needed to show that a project meets the regulations in this By-
law. The requirements for applying for a development permit are found in
this By-Law.
A building permit may also be required in compliance with the Nova
Scotia Building Code under the Building Code Act of the Province of Nova
Scotia and the Municipality’s Building By-law. Obtaining a building permit
is a separate process.
Some projects, because of their size and/or potential impact, may require
special forms of approval. These include:
▪ approval by submitting a Site Plan; or
▪ approval by entering into a Development Agreement.
Each process must follow an established procedure as set out in:
▪ the Municipal Government Act;
▪ the Municipality’s public participation policy;
▪ the Municipal Planning Strategy;
▪ this By-law.
More Information:
Throughout this
document, you can
find helpful tips,
reminders,
illustrations, or
explanations in
sidebars such as this.
PREFACE | MUNICIPAL LAND USE BY-LAW | 16
Other approvals based on federal or provincial legislation and regulations,
as well as other municipal by-laws, may also be required. Application fees
are set by the Municipality from time to time. The fee policy is available
online or by contacting the Municipality.
About the Municipal Planning Strategy
The Municipal Planning Strategy sets out the policies that direct long-
term growth and development in the Municipality. It contains a vision,
goals, and policies that address: parks and open space; transportation;
housing and heritage; community character (including policies that
establish the zones in this By-law); economic development; environmental
safeguards; and services. This document is available online or by
contacting the Municipality.
About making changes to the Land Use By-law
A formal request to Chester Municipal Council can be made to change or
amend a zone. Council considers all requests and normally consults with
an appointed planning advisory committee. Council may only approve
rezoning or amendment requests that meet the policies in the Municipal
Planning Strategy. If the request is not consistent with policy, Council
may also consider amending the Strategy. Re-zonings and amendments
are serious matters that affect all property owners, and therefore require
time for public participation. Council can choose to accept or refuse a
request based on its policies and public feedback.
How to contact the Municipality
If you have questions about anything related to this document, please
contact the Community Development Department using the
information below.
Call us: 902-275-2599
E-mail us: planning@chester.ca
Write us: 186 Central Street, PO Box 369, Chester, NS, Canada B0J 1J0
Web site: www.chester.ca
More Information:
Copies of the Municipal
Planning Strategy can
be found at
www.chester.ca or by
visiting the Municipal
Office.
TITLE, PURPOSE, AND SCOPE | MUNICIPAL LAND USE BY-LAW | 17
1.0 TITLE, PURPOSE, AND SCOPE
1.1 This By-law shall be known and may be cited as the Municipal
Land Use By-law.
1.2 The purpose of this By-law is to carry out the intent of the
Municipal Planning Strategy for the Municipality of the District
of Chester in accordance with the provisions of the Municipal
Government Act (S.N.S. 1998, Chapter 18, as amended), by
regulating the use of land as well as the character and use of
buildings and structures within the whole of the Municipality of
Chester.
1.3 This By-law shall take effect on the date a notice is published in a
newspaper, circulating in the municipality, informing the public
that the municipal planning strategy and its implementing land
use by-law are in effect, whereupon any applicable previous
Land Use By-law is automatically repealed.
1.4 This By-law does not exempt any person from complying with
other laws or regulations in force in Canada or Nova Scotia, or
from those in force within the Municipality, or from obtaining
any license, permission, permit, authority or approval required
thereunder.
1.5 This By-law shall apply only to those areas of land shown on the
Zoning maps contained in Schedule “A”.
1.6 Where the provisions of this By-law conflict with those of any
other municipal by-laws, the provisions that set a higher
standard shall be met.
1.7 All applicable Provincial and Federal regulations to any proposed
development must be complied with in addition to this By-law.
1.7 Where a provision within this By-law conflicts with another
provision within this By-law, the more stringent provision shall
prevail.
TITLE, PURPOSE, AND SCOPE | MUNICIPAL LAND USE BY-LAW | 18
DEFINITIONS | MUNICIPAL LAND USE BY-LAW | 19
2.0 DEFINITIONS
In this By-law:
Abattoir means a building or structure specifically designed to
accommodate the penning and slaughtering of farm animals and related
primary processing which may include the on-site packing, treating and
storage of product.
Abutting lot – see Lot
Accessory structure – see Structure
Accessory use – see Use
Agriculture means the use of land, buildings or structures for the
cultivation of crops, the raising and pasturing of farm animals, bee
keeping, or the packing, storing and treating of produce, in accordance
with normal farm practices. See also: Livestock operation.
Aquaculture means the growing and cultivation of aquatic plants, or fish,
for commercial purposes, in any water environment or on land in human-
made containers of water, and includes the growing and cultivation of
shellfish on, in, or under the foreshore or in the water.
Aggregate processing means the use of a building, structure or land, or
part thereof, for the processing of aggregate including the production of
asphalt or similar road stone, and includes facilities for the administration
and management of the business, the stockpiling of bulk materials used
in the production process or finished product manufactured on the
premises, and the storage and maintenance of required equipment, but
does not include the retail sale of finished product. Aggregate processing
may occur on a site on a permanent or temporary basis and may
comprise a facility designed to be transported from place to place. This
definition does not include aggregate resource extraction, which refers to
sand, gravel and mineral extraction, including pits and quarries, with
associated works such as crushing and the stockpiling of raw material,
conducted within an active area so designated for such activity by
approval of the Province of Nova Scotia.
Automobile sales and services means an establishment primarily
engaged in providing motor vehicle sales, repair or maintenance for
automobiles, commercial vehicles, motorcycles, watercraft, off-road
DEFINITIONS | MUNICIPAL LAND USE BY-LAW | 20
vehicles, and recreational vehicles, and includes oil change and lubrication
shops, auto-body shops, tire repair shops and rustproofing/undercoating.
Banner sign – see Sign
Bed-and-breakfast establishment means a single unit dwelling where
the resident owner or resident occupant provides accommodation, with or
without meals, to the travelling public for financial remuneration and does
not include facilities open to the public such as meeting rooms,
restaurants, or entertainment facilities.
Beverage room means premises licensed as a beverage room or lounge
by the Liquor License Board of Nova Scotia.
Blade – see Wind Turbine
Brewery, winery and distillery mean a licensed premise where there is
manufacturing of beer, ale, cider, wine or spirits and may include ancillary
retail sale of these liquor products and related non-liquor products to the
public within the manufacturer’s store and lounge provided that their
combined floor area and outdoor lounge patio area do not exceed the
manufacturing floor area.
Building means a structure, whether permanent or temporary, which is
roofed, and which is used for the shelter or accommodation of persons,
animals, materials or equipment and includes all additions, porches and
decks attached thereto, and in addition:
Main building means that building or structure on a lot in which
the main use takes place.
Private storage building means an enclosed or partially enclosed
structure for the storage of materials or goods in which there is no
human habitation and no business, occupation or service
conducted.
Building envelope means the buildable area in terms of allowable length,
width, height that forms the visible separator between inside and outside
and prescribed for a building by the regulations of this By-law.
Building height – see Height
Campground and RV [Recreational Vehicle] Park means premises
occupied and maintained for temporary accommodation by the public in
trailers, tents, or recreational vehicles. It includes accessory structures and
structures used to provide services including but not limited to laundry
DEFINITIONS | MUNICIPAL LAND USE BY-LAW | 21
and canteen services, but does not include a Land Lease Community,
motel or hotel.
Cannabis Production Facility means a lot or building used or occupied
by a person or organization licensed by the Government of Canada for
the commercial production of cannabis or cannabis products, including
where cannabis or any of its derivatives, such as resin or oils, is grown,
cultivated, harvested, manufactured, processed, packaged, or labelled. It
also includes any activities permitted by the Government of Canada such
as research and development, storage, and destruction of cannabis or any
of its derivatives but excludes the production of Hemp.
Indoor Cannabis Production Facility means a Cannabis
Production Facility that is completely contained within a building.
Indoor Cannabis Production Facilities shall be deemed a light
industrial use.
Outdoor Cannabis Production Facility means a Cannabis
Production Facility that is not completely contained within a
building. Outdoor Cannabis Production Facilities shall be deemed
an agricultural use.
Change of use – see Use
Child care facility means a facility other than a residential daycare,
located in a building or part of a building, where children are
accommodated and cared for, for financial remuneration, without
providing overnight accommodation.
Clerk means the Municipal Clerk for the Municipality of the District of
Chester.
Commercial means the use of land, buildings or structures for the
purpose of buying and selling commodities and/or supplying of services
as distinguished from uses such as manufacturing or assembling of
goods, warehousing, transportation depots, construction and other similar
uses.
Composting facility means a structure or land used for the importation
and processing of organic matter under controlled circumstances to a
condition suitable for sale or utilization off-site, and for greater certainty:
Small-scale composting: composting occurring as an accessory
use to commercial, institutional and light industrial uses, and does
not include residential backyard composting.
DEFINITIONS | MUNICIPAL LAND USE BY-LAW | 22
Construct means to build, erect, reconstruct, or relocate, and without
limiting the generality of the word, also includes:
(i) any preliminary operation such as excavation, filling or
draining;
(ii) altering an existing building or structure by an addition,
enlargement, extension or other structural change; and
(iii) any work which requires a building permit issued the
Municipality.
Contaminated soil facility means a facility for the handling of soils
containing a chemical or petroleum product other than on the site where
the soils became contaminated.
Continuing care facility means a nursing home, residential care facility or
other special care facility licensed by the Province of Nova Scotia, or a
public or private facility designed for assisted living for persons (exclusive
of staff or associated family) having social, mental or physical challenges
that require professional care, guidance or supervision not available in an
independent living situation.
Corner lot – see Lot
Council means the Council of the Municipality of the District of Chester.
Craft product means a product made by hand or small custom
production processes by a potter, pewterer, goldsmith, silversmith,
jeweller, toymaker, leatherworker, upholsterer, woodworker, furniture
maker, musical instrument maker, clothing designer and maker,
shoemaker, antique refinisher, glass or stained-glass worker, sailmaker,
and similar skilled craftsperson.
Craft workshop means a building or part of a building where craft
products are made by hand or small production processes.
Detached dwelling – see Dwelling
Development means the erection, construction, alteration, replacement
or relocation of, or addition to, any structure and any change or alteration
in the use made of land or structures.
Development Agreement means a written agreement between the
Municipality and a property owner which establishes circumstances and
conditions under which a development may be carried out.
DEFINITIONS | MUNICIPAL LAND USE BY-LAW | 23
Development Officer means the person appointed by Council under the
authority of the Municipal Government Act to administer the provisions of
the Land Use By-law.
Development Permit means the permit issued by the Development
Officer certifying that a proposed development complies with the
provisions of the Land Use By-law.
Distillery – see Brewery
Drainage plan means a detailed management plan for a lot or lots,
including, but not limited to drawings and calculations of stormwater
runoff and the courses and channels of it, including floodplains.
Dwelling means a building containing at least one dwelling unit for
human habitation, which is capable of being occupied as a home or
residence, and for greater certainty:
Detached dwelling: a building that comprises one dwelling unit,
has yards on all sides of the building, has exterior entrances, and
is not a hotel, motel, manufactured home, travel trailer or other
recreational vehicle.
Manufactured home: a prefabricated dwelling designed to be
transported to a site where it is to be occupied as a dwelling
complete and ready for occupancy, either remaining on a chassis
and wheels or placed on a permanent footing. This definition
includes such types as mobile homes and mini-homes but
excludes modular or other types of pre-cut or multi-section
assemblies that form a dwelling.
Small option dwelling: a type of house licensed under the
Homes for Special Care Act, housing up to four residents with
developmental, mental health, or physical disabilities. Residents
live independently in the community and receive assistive
support from staff. Small option dwellings are not considered to
be residential care facilities such as continuing care facilities or
nursing homes.
DEFINITIONS | MUNICIPAL LAND USE BY-LAW | 24
Dwelling unit means one or more habitable rooms that
may be used as a residence by an independent, separate
household, which: has a bathroom for exclusive use of
the household; has a kitchen for the exclusive use of the
household; and has a private entrance from outside the
building or from a common hallway or stairway.
Eave line means the horizontal line on a building that
marks the extreme edge of the overhang of a roof and
where there is no overhang, the eave line shall be the
horizontal line at the intersection of the wall and roof.
Electrical generation facilities means the use of land,
structures, or buildings for the generation of electric
power by means such as, but not limited to, wind energy,
solar energy, and biomass energy.
Established grade – see Grade.
Existing means in existence prior to the effective date of
this By-law.
Farm animal means any animal commonly bred on a
farm, including but not limited to: horses, cattle, sheep,
goats, llamas, alpacas, ostrich, emu, swine, fowl, meat
rabbits, and for greater certainty.
Farm Animal Unit means one or more farm animals as
specified in the following table:
Farm Animal
Number of Farm Animal
Units per Animal
Swine 0.3
Cattle / Horse 1
Sheep / Goat / Llama / Alpaca 0.3
Ostrich / Emu 0.3
Fowl / Rabbit 0.03
DEFINITIONS | MUNICIPAL LAND USE BY-LAW | 25
Farm market Farm market means a commercial
operation established on a temporary or
permanent basis for the retail sale of farm produce
and other locally-made goods. This includes
operations within permanent structures or roadside
stands offering farm produce and other locally-
made goods for retail sale, but not greenhouses or
buildings directly associated with a business on the property from which
plants or farm produce are sold directly to the public.
Flag lot – see Lot
Flankage lot line – see Lot line
Flankage yard – see Yard
Forestry processing means the use of a building, structure, land, or part
thereof, for milling, sawing, or other primary processing, and does not
include maple sugar operations, Christmas tree farming and transport of
finished product.
Front lot line – see Lot line
Front yard – see Yard
Full horizontal cut-off means the shielding of an outdoor light fixture so
that all light emitted by the fixture is projected below the shield in such a
way as not to be cast onto neighbouring properties.
Fur farming means the keeping and/or breeding of animals in captivity
for their pelts.
Golf course means a specially prepared area of land for the purpose of
playing golf and includes all incidental buildings and facilities, and does
not include a driving range or a miniature golf course.
Grade means, with reference to a building or structure, the lowest
elevation of the finished surface of the ground where it meets the exterior
of the foundation of the building or structure and, when used with
reference to a street, road or highway means the elevation of the street,
road or highway established by the Municipality or other designated
authority, and additionally:
More Information:
To calculate the number of
farm animal units, multiply
the number of farm animals
by the number of Farm
Animal Units per animal.
For example, if you have 3
swine, and 1 cattle, your
calculation would be:
(3 x 0.3) + (1 x 1) = 1.9
meaning you have 1.9 farm
animal units.
DEFINITIONS | MUNICIPAL LAND USE BY-LAW | 26
Established grade means the average elevation of
the finished grade of the ground where it meets the
exterior of the front of a building or structure
exclusive of any artificial embankment or
entrenchment.
Gross Floor Area – means the collective sum of the
areas of each storey of buildings, structures or part
thereof, above or below established grade, excluding
storage below established grade and any parking
structures below established grade, measured from
the exterior of outside walls, or from the mid-point of
common walls.
Ground Sign – see Sign
Hatchery – see Inland fish farm
Height or building height means the vertical distance on a building
between the established grade and:
a) the highest point of the roof surface or parapet, whichever is
greater, of a flat roof; or
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.
Home Office & Sales – means the use of a room within a residential
dwelling for commercial purposes without alteration to the exterior of the
structure. These businesses are not permitted to receive customers at the
site.
Hotel – see Tourist Accommodations
Impermeable surface means any material that significantly reduces or
prevents natural filtration of water into the ground.
Indoor Cannabis Production Facility see Cannabis Production Facility
Industrial, heavy means the use of land involving manufacturing,
distilling or refining fuel products, trade workshops, wholesale
distribution, freight yards, bulk storage, landfills, solid waste processing,
or the repair or rental of industrial and commercial equipment, that does
any of the following:
DEFINITIONS | MUNICIPAL LAND USE BY-LAW | 27
a) regularly produces smoke, high heat, dust, ash, disruptive noises,
heavy vibration or noxious smells;
b) creates harmful, dangerous or noxious waste products;
c) consists of bulk storage of petroleum, heavy metals, caustic
chemicals or dangerous goods, excluding retail fuel sales as part
of an automobile sales and service operation and fuel sales
depots;
d) may involve separation distances from other uses specifically to
protect health and safety;
e) requires environmental assessment in accordance with the
Environmental Assessment Regulations made under the
Environment Act.
Industrial, light means an industrial use which in its operation does not
ordinarily result in emission from the building of noxious odours, fumes,
disruptive noise, cinder, vibrations, heat, glare or electrical interference to
a degree that is offensive or harmful when measured at the property line
of an adjacent property. Light Industrial includes, but is not limited to:
light manufacturing, processing, assembling, research facilities, salvage
yards, transportation depots, warehouse facilities, and inland fish farms or
hatcheries.
Inland fish farm means a land-based open- or closed-containment
facility in which fish are spawned and raised for consumption or for
research purposes. The use includes a hatchery.
Institutional includes the use of a building or part of a building or land as
an auditorium, place of worship and associated facilities, cemetery, public
art gallery, community centre, continuing care facility, government
building (federal, provincial and municipal excluding provincial retail
stores), hospital, library, museum, school, sports complex, post office, fire
station and other uses of a similar nature.
Interior lot – see Lot
DEFINITIONS | MUNICIPAL LAND USE BY-LAW | 28
Kennel means an establishment for the breeding and/or
boarding of dogs and includes establishments known as
“Doggie Day Care” or any similar nomenclature thereof.
Land Area means the smallest geometric shape which
can be drawn to fully encompass all outdoor activities
associated with the development. For greater clarity, Land
area shall include all storage, parking areas and any other
use of land associated with the development.
Land Lease Community means any lot or premises
under common ownership, upon which three or more
manufactured homes are located, either free of charge or
for revenue purposes, and which may or may not be
connected to a common sewer system, water system or
both, but does not include any camping establishment
under the Camping Establishments Regulation Act.
Land Use By-law see Municipal Land Use By-law.
Livestock operation means an operation in which farm
animals, by type or in combination, are kept in a farm
building, feedlot or other facility for feeding, breeding,
milking, holding for riding, meat, or egg production, but
does not include backyard fowl.
Lot means any parcel of land as described by its
boundaries, and for greater certainty:
Abutting lot means a lot having one or more boundaries
coincident with one or more zone boundaries;
Corner lot means a lot situated at the intersection of two
streets, highways or private roads;
Flag lot means any lot which gains street frontage
through the use of a narrow strip of land, referred to as
the “staff”, which is integral to the lot. For greater clarity,
lots where the “staff” is more than 20 m in width shall not
be considered a Flag Lot.
Interior lot means a lot situated between two lots and
having access to one street, highway or private road;
Landlocked Lot means a lot that has no frontage on a
public street or a private road but may be intersected by a
private road (shared right-of-way) which may or may not
be contained on its own parcel of land.
DEFINITIONS | MUNICIPAL LAND USE BY-LAW | 29
Through lot means a lot bounded on two opposite side sides by streets,
highways or private roads, however, if any such through lot also qualifies
as a corner lot, it shall be deemed to be a corner lot for the purposes of
this By-law;
Waterfront lot means a lot of which any portion is within twenty-nine
(29) m of a watercourse, water body or the ocean.
Lot area/lot size means the total horizontal area within
the boundary lines of a lot.
Lot frontage/frontage means the distance between the
side lot lines of a lot measured along the street, highway
or private road.
Shoreline Lot Frontage means the minimum
straight line distance between the intersection of
the side lot lines and the front/rear lot line of a
lot which is adjacent to a lake or ocean.
Lot line means a boundary line of a lot.
Front lot line means:
(i) the line dividing the lot from the street, highway or private
road; or
(ii) in the case of a lot which does not abut a street, highway or
private road, the orientation of the main building on the lot;
or
(iii) in the case of a corner lot, the lot line abutting the street or
highway based on the orientation of the main building on
the lot; or
(iv) in the case of a through lot, the longer boundary line
abutting the street or highway;
(v) in the case of a flag lot, the Front Lot Line is considered to be
the lot line parallel to the street excluding the “staff” portion
of the lot.
(vi) in the case of a landlocked lot with two or more main
buildings on the lot, the Front Lot Line is determined based
on the orientation of the original main building. The
Development Officer may review permits, aerial photography
and any other available resource in determining which
structure is original.
Rear lot line means the line opposite or furthest from the front lot
line;
DEFINITIONS | MUNICIPAL LAND USE BY-LAW | 30
Side lot line means the line other than the front lot
line or rear lot line;
Flankage lot line means the lot line abutting the
street or highway on a corner lot, which is not the
front lot line.
Lot, serviced means a parcel of land which has access
and connection to a municipal sewer system or a
private cluster system approved by the appropriate
Provincial department.
Lot, unserviced means a parcel of land without access and connection to
a Public Municipal Sewer System or a private cluster system.
Lounge – see Beverage Room
Manufactured Home – see Dwelling
Main building – see Building
Main wall means the exterior front, side or rear wall of a building, and
includes but is not restricted to all structural members essential to the
support of a fully or partially enclosed space or roof and any decks, bay
windows, porches, steps, verandahs, balconies and roof overhangs.
Marina means a building, structure or lot, containing docking facilities,
where boats are stored, serviced, repaired or kept for sale or rent, and
may include other services such as but not limited to the sale, repair or
storage of boat accessories, marine fuels and lubricants.
Medical clinic means a building or part of a building used for medical,
dental, surgical, or therapeutic treatment of human beings or animals on
an outpatient basis, but does not include a public hospital, private
hospital, animal hospital or professional office of a doctor located within a
residence.
Minister means the Minister of Municipal Affairs, or such Minister of the
Crown responsible for municipalities in the Province of Nova Scotia.
Mobile Home see Dwelling (Manufactured Home)
Motel – see Tourist Accommodations
Municipality means the Municipality of the District of Chester.
Municipal Government Act means the Act respecting Municipal
Government, R.S.N.S. 1998, Chapter 18 as amended from time to time.
More Information:
The Municipal
Government Act is the
provincial legislation
which governs
municipalities in Nova
Scotia. Copies are
available from
www.nslegislature.ca
DEFINITIONS | MUNICIPAL LAND USE BY-LAW | 31
Municipal Land Use By-law means the Municipal Land Use By-law of the
Municipality of the District of Chester.
Municipal Planning Strategy means the Municipal Planning Strategy of
the Municipality of the District of Chester.
Municipal Specifications means the specifications approved by Council
and amended from time to time, for design and construction of municipal
public highways, central sewer systems, central water systems, storm
drainage, and small sewerage systems.
Nacelle – see Wind Turbine
Ordinary high water mark means, with respect to non-tidal waters, the
limit or edge of the bed of a body of water where the land has been
covered by water so as to wrest it from vegetation or as to mark a distinct
character upon the vegetation where it extends into the water or upon
the soil itself and, with respect to tidal waters, the mark on the seashore
reached by the average of the mean high tides of the sea between the
spring and neap tides in each quarter of the lunar revolution during the
year excluding only extraordinary catastrophes or overflows.
Outdoor Cannabis Production Facility see Cannabis Production Facility
Overlay means a specified area as shown in Schedule “B” of this By-law,
the requirements for which are imposed in addition to the requirements
of the underlying zone.
Owner includes a person controlling the property under
consideration and includes the assessed owner of the
property whose name appears on the assessment roll
prepared in accordance with the Assessment Act of the
Province of Nova Scotia.
Park means an open area devoted to recreational uses or
conservation uses and which may include ornamental
gardens and lawns, outdoor furniture, accessory
structures and children's playgrounds, and in addition:
Waterfront Park means a park allowing public access to inland
waterways or coastal shores on property that is owned by interests
other than the Municipality of Chester or the Crown.
Parking space means an area of not less than 15 m2 measuring 2.75 m by
5.5 m exclusive of driveways or aisles, for the temporary parking or
storage of motor vehicles, and which has adequate access to permit
DEFINITIONS | MUNICIPAL LAND USE BY-LAW | 32
ingress and egress of a motor vehicle to and from a street or highway by
means of driveways, aisles or maneuvering areas.
Pet grooming means a building or part of a building used for the
hygienic care and cleaning of domestic pets and for which there is
financial remuneration. This includes the retail sale of any products used
in pet grooming services, but does not include boarding, breeding or the
provision of medical procedures.
Pergola means a structure without walls or a roof that is composed of
vertical posts and cross-beams that is used as a sheltered, or partly-
sheltered, walkway or sitting area.
Permeable surface means any material or composition that allows
natural filtration of water into the ground.
Person means an individual, association, firm, partnership, corporation,
trust, incorporated company, organization, trustee or agent, and the heirs,
executors or other legal representatives of a person to whom the context
can apply according to law.
Personal service shop means a building or part of a building in which
people are employed in furnishing services and otherwise administering
to the individual and personal needs of other people, and without limiting
the generality of the foregoing may include such establishments as barber
shops, beauty parlours, hairdressing shops, shoe repair and shoe shining
shops, but excludes any manufacturing or fabrication of goods for sale.
Portable Sign – see Sign
Primary processing means the initial processing of raw materials or
resources for transformation into food and/or goods for use, further
processing, or sale.
Private storage building – see Building
Processing Facility means the use of lands, buildings, or structures where
agricultural produce, including meat, fish and poultry products, is washed,
cleaned, dusted, waxed, or otherwise prepared or packaged and from
which such produce is shipped to a wholesale or retail outlet.
Professional services means establishments primarily engaged in
providing services for individuals or groups in an office setting and
includes but is not limited to financial, legal, medical, architectural,
engineering, design, real estate and travel services, and for greater
certainty does not include personal service shops.
DEFINITIONS | MUNICIPAL LAND USE BY-LAW | 33
Projecting Wall Sign – see Sign
Qualified professional means an individual who has undergone proper
educational training and gained experience and expertise to become
certified or recognized as able to practice in a particular profession.
Rear lot line – see Lot line
Rear yard – see Yard
Recycling depot means a building or lot that is used or intended to be
used for collecting, sorting, refunding and redistributing recyclable
materials but excludes processing of said materials.
Recreation and outdoor activities means passive, unstructured activity
not requiring specially planned or manicured areas with ancillary
structures.
Recreational vehicle, or “RV”, means a vehicle designed for travel,
camping or recreation, that provides sleeping and other facilities for
temporary accommodation. A recreational vehicle either has its own
motor or can be mounted or drawn by another vehicle. It may be
equipped with land-to-vehicle service connections (electricity, water
and/or sewer). A recreational vehicle may be a road-worthy travel trailer,
camping trailer, truck camper, motor home or similar vehicle.
Recreational vehicle storage means placement of a recreational vehicle
on a lot with no connection to municipal services or to a wastewater
system.
Research facility means a place where facilities are located for scientific
research, investigation, testing or experimentation, but does not include
facilities for the manufacturing or sale of products, except as incidental to
the main purpose of the facility.
Residential daycare means a part of a dwelling where the owner or
occupier of the dwelling provides accommodation and care, for financial
remuneration, to children, without providing overnight accommodation.
Restaurant means a building or part thereof where food and drink is
prepared and/or served to the public for consumption within the building
or attached café or patio, or off-premises.
Retail store means a building or part thereof, including a shop, for the
sale or lease of goods, wares, merchandise, or articles directly to the
public.
DEFINITIONS | MUNICIPAL LAND USE BY-LAW | 34
Rooming house means a detached dwelling in which a proprietor
supplies sleeping accommodations for a fee, with or without meals, for at
least three (3) but not more than six (6) people, exclusive of the
proprietor’s family.
Rotor’s arc – see Wind Turbine
Salvage means waste or surplus automobiles, transportation vehicles, or
industrial equipment, including any parts or pieces that have been
removed, for purposes of disposal or further use.
Salvage yard means any commercial premises where the receipt, storage,
sale, resale, and processing of salvage occurs.
Setback means the horizontal distance on a lot measured at a right angle
from the lot line to the main wall of a building or structure or to a use.
Shipping container means a container or structure, usually of metal, with
strength suitable to withstand shipment, storage and handling and used
to transport cargo that is specially designed to facilitate the secure
storage of goods, by one or more modes of transport, without
intermediate reloading or repacking of goods; also, a freight container
and any form of skid building or self-contained mobile office.
Shop means any building or part thereof used for sales or repair of
articles.
Shopping centre means a collection of independent retail stores,
services, and offices housed in a building or buildings usually constructed
and maintained by a single management unit and usually featuring
common services, parking, internal vehicle circulation, and access roads.
Shoreline lot frontage – see Lot frontage
Side lot line – see Lot line
Side yard – see Yard
Sign means an object, structure or device used for the purpose of
identification or advertising or to call attention to any person, matter,
thing or event or to give direction, and for greater certainty:
Sign height means the distance as measured from the established
grade to the highest part of the sign or its supporting structure,
whichever is higher.
Sign face area means the area of the smallest square, rectangle or
circle that can wholly enclose a sign’s framing mechanism or its
letter composition when presented without a framing mechanism.
DEFINITIONS | MUNICIPAL LAND USE BY-LAW | 35
Banner sign means a flexible sign made of fabric or plastic that is
affixed to a wall, pole, or to the ground.
Ground sign means a sign supported by one of more uprights or
braces placed in or upon the ground.
Portable sign means a sign that is not permanently fixed in a
location and designed to be transported from place to place, and
includes a sandwich board, a reader board on legs or wheels that
may contain changeable copy (either manually or electronically
controlled), and an inflatable device.
Projecting wall sign means a sign that projects from a wall of a
building and is supported by it.
Wall sign means a sign that is attached directly to, or painted upon
a building’s exterior face, and which does not extend therefrom, and
does not extend above the roof line, and shall include a sign
attached to or painted on an awning or a building.
Wall Sign Area means the part of a building or structure, where a
wall sign may be affixed, drawn, hung or painted. For greater
certainty, this includes the section of the building between
established grade and the eave line of the building.
Window sign means a sign that is placed on or near to the face of a
window or glass door so as to be legible from off the premises or
from a parking lot associated with the premises.
Site plan approval means an approval process that evaluates the layout
of site features such as buildings, parking areas, and landscaping for
compliance with the Land Use By-law, and results in a written agreement
between the Municipality and the developer.
Small Scale Composting – see Composting facility
Solar collector means any device, excluding a window, used to collect
solar radiation for the purpose of electrical generation or heating, and in
addition:
Solar farm means an installation on an area of land in which solar
collectors are set up to generate electricity for commercial gain
and does not include a dwelling.
Solid waste facility means a facility to treat or process solid waste into
usable secondary materials or products, including fuel or energy, which is
not owned by the Municipality.
DEFINITIONS | MUNICIPAL LAND USE BY-LAW | 36
Stormwater means water from precipitation of all kinds, and includes
water from rain, the melting of snow and ice, groundwater discharge and
surface water.
Stormwater system means a method or means of carrying stormwater,
and includes but is not limited to ditches, swales, sewers, drains, canals,
ravines, gullies, pumping stations, retention ponds, streams, watercourses,
floodplains, springs, creeks, streets or private roads, roadways or
driveways.
Street means the whole and entire right-of-way of every highway, road,
or road allowance vested in the Province of Nova Scotia or the
Municipality of the District of Chester.
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, and shall include buildings, walls and signs, and for
greater certainty:
Accessory structure means a structure that is normally incidental
to and devoted to a main building or land use located on the
same lot, and is not used for human habitation;
Small accessory structure means an accessory structure with a
gross floor area of twenty (20) m2 or less;
Minor accessory structure means an accessory structure
incidental to a lot, including but not limited to a retaining wall,
children’s play structure, cold frame, garden trellis, pergola,
garbage box, clothes line pole, pet house, monument and
interpretive display.
Studio means a building, or part of thereof used as a workroom for the
study, execution or instruction of any fine or commercial art, or craft,
including photography, music, visual art and commercial design.
Through lot – see Lot
Tourist accommodations means a building or establishment, which
provides accommodation for the travelling public for financial
remuneration and may include other facilities including meeting rooms,
restaurants and entertainment facilities and which is open to the general
public, and for greater certainty includes tourist homes, motels, hotels,
inns and Bed and Breakfast Establishments but does not include
Campground and RV parks.
DEFINITIONS | MUNICIPAL LAND USE BY-LAW | 37
Tourist Home means a dwelling functioning in a commercial capacity as
self-catering accommodation for the travelling public and does not
include facilities open to the general public such as meeting rooms,
restaurants, or entertainment facilities.
Transportation depot means any facility developed for the primary
purpose of storing and dispatching trucks, cars, and any other mode of
transportation for the transporting of goods or people and does not have
any related retail use.
Use means the purpose for which any land, building or structure is utilized,
and for greater certainty:
Accessory use: a use subordinate to, normally incidental to and
located on the same lot as the main land use.
Change of use: any alteration in the use made of the whole or any
part of a parcel of land, building or structure.
Non-conforming use: means a use as described in the Municipal
Government Act.
Variance means a relaxation or reduction of Land Use By-law
requirements for a specific site, as stipulated in Sections 235-237 of the
Municipal Government Act.
Vegetated buffer means a designated strip of land containing a mix of
species including trees, shrubs and grasses, whether naturally occurring or
planted during restoration, that provides filtration of pollutants and
sediment, and promotes bank stability as a means to
protect water quality and habitat of watercourses and
lakes, and to protect property from flooding and erosion.
Wall Sign – see Sign
Wall Sign Area – see Sign
Warehouse means a building in which goods or wares
are stored but shall not include a retail store.
Wastewater Management District means a designated
area of land within which privately-owned on-site septic systems are
collectively managed by the Municipality in accordance with a municipal
wastewater management district by-law.
Watercourse means the bed and shore of a river, stream, creek, brook or
similar. This By-Law applies to all watercourses indicated on the Nova
Scotia 1:10,000 topographic database.
DEFINITIONS | MUNICIPAL LAND USE BY-LAW | 38
Waterfront lot – see Lot
Waterfront park – see Park
Water body means the bed and shore of a freshwater lake, pond or other
still body of water. This By-Law applies to all water bodies indicated on
the Nova Scotia 1:10,000 topographic database.
Wetland means a land surface that is periodically or permanently
saturated with water and sustains biological activities adapted to wet
conditions, and may be commonly referred to as a marsh, swamp, bog, or
similar or as otherwise defined in the Provincial Environment Act. This By-
Law applies to all wetlands indicated on the Nova Scotia 1:10,000
topographic database.
Window Sign – see Sign
Winery – see Brewery
Wind turbine means a structure that produces power by capturing the
kinetic energy in surface winds and converting it into energy in the form
of electricity, and typically includes a supporting structure such as a tower,
rotor blades and a nacelle, and for greater certainty:
Blade means the part of the wind turbine that rotates in the
wind;
Nacelle means the frame and the housing that encloses the
transmission system and generator and protects them from
the weather;
Rotor’s arc means the largest circumferential path traveled
by the wind turbine’s rotor blade.
Yard means an open, uncovered space on a lot belonging to a structure
or a specified land use, and in determining yard measurements, the
minimum horizontal distance from the respective lot lines shall be used;
and for greater certainty:
Flankage yard: a side yard on a corner lot, which side
yard extends from the front yard to the rear yard
between the flankage lot line and the main wall of any
building or structure.
DEFINITIONS | MUNICIPAL LAND USE BY-LAW | 39
Front yard: a yard extending across the full width of a lot between the
front lot line and the nearest main wall of any building or structure on the
lot; and "minimum" front yard means the minimum depth of a front yard
between the front lot line and the main wall of any building or structure.
Rear yard: a yard extending across the full width of a lot between
the rear lot line and the nearest main wall of any building or
structure on the lot; and "minimum" rear yard means the minimum
depth of a rear yard on a lot between the rear lot line and the main
wall of any building or structure.
Side yard: a yard extending from the front yard to the rear yard of a
lot between a side lot line and the nearest main wall of any building
or structure on a lot; and "minimum" side yard means the minimum
width of a side yard between a side lot line and the main wall of any
building or structure.
Zone means a specified area of land shown on Schedule “A” of this
By-law and more particularly referred to in Part 3 of this By-law.
ADMINISTRATION | MUNICIPAL LAND USE BY-LAW | 41
3.0 ADMINISTRATION
3.1 Zones
Land within the Municipality of the District of Chester shall be divided into
zones. The extent and boundaries of each zone are shown on the Zoning
Maps attached to this Land Use By-law, as detailed in Schedule “A”.
The zones, which are contained within designated land use areas as
defined in the Municipal Planning Strategy, are:
Rural Area
GB General Basic Zone
Settlement Area
SU Single Unit Residential Zone
SR-1 Settlement Residential One Zone
SR-2 Settlement Residential Two Zone
MU Mixed Use Zone
CI-1 Coastal Island One Zone
CI-2 Coastal Island Two Zone
GW Gateway Zone
Hamlet Area
HM Hamlet Zone
Industrial and Business Area
BP Business Park Zone
KI Kaizer Meadow Industrial Zone
KM Kaizer Meadow Zone
NCDD Neighbourhood Comprehensive Development District Zone
Environmental Protection Area
PW Protected Watershed Zone
CS Conservation Zone
LS Lakeside Zone
3.2 Interpretation of Zone Boundaries
The boundaries of zones are shown in the Land Use By-law Zoning Maps
(Schedule “A”) and shall be precisely located as follows:
3.2.1 Where a zone boundary is shown on or within a street or
highway, the boundary shall be the centreline of such street or
highway;
Tip:
The zone abbreviations
and colours shown here
correspond with the
zoning maps found in
Schedule “A” at the end
of this by-law.
ADMINISTRATION | MUNICIPAL LAND USE BY-LAW | 42
3.2.2 Where a zone boundary approximately follows lot lines, the
boundary shall follow such lot lines;
3.2.3 Where a zone boundary approximately follows a shoreline, the
boundary shall be the ordinary high water mark;
3.2.4 Where a zone boundary approximately follows a railway right-of-
way, public recreational trail right-of-way, electrical transmission
right-of-way, or a watercourse, the boundary shall be the
centreline of such right-of-way or of such watercourse;
3.2.5 Where there is no landmark, lot line or right-of-way that
indicates the precise location of a boundary, the boundary shall
be scaled from the Land Use By-law Zoning Maps as shown in
Schedule “A”.
3.2.6 Where maps shown in Schedule “A” are revised from time to time
to reflect improved data or more accurate information when
property data is undated by the province.
3.3 References are inclusive
In this By-law, reference to a zone is deemed to include reference to a
permitted use, special requirements, and regulations of that particular
zone.
3.4 Overlays
Lakefront Overlay - Land around lakes within the Municipality of the
District of Chester shall be covered by the Lakefront Overlay. The extent
and boundaries of the Lakefront Overlay are shown on the Lakefront
Overlay Map attached to this Land Use By-law, as detailed in Schedule
“B”.
3.5 Watercourses, water bodies and wetlands
Watercourses, water bodies or wetlands when referenced in this By-law,
shall refer to those watercourses, water bodies, and wetlands identified in
Nova Scotia Provincial Topographic Database mapping at a scale of
1:10,000.
3.6 Standards of Measurement
Measurements throughout this By-law are metric. Submissions in imperial
measurement shall be converted to metric and rounded to two decimal
ADMINISTRATION | MUNICIPAL LAND USE BY-LAW | 43
points. The metric measurement of “metres” shall be displayed using the
abbreviation “m”.
3.7 Interpretation of Certain Words
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 “shall” means that the provision is mandatory
and not permissive. All other words carry their customary meaning except
for those defined in Part 2 of this By-law: Definitions.
3.8 Development Officer
3.8.1 This By-law shall be administered by the Development Officer
appointed by Council, under the authority of the Municipal
Government Act. The Development Officer shall issue
development permits under this By-law.
3.8.2 In the absence or incapacity of the Development Officer, the
acting Development Officer appointed by Council shall act in the
place of the Development Officer.
3.8.3 The Development Officer may enter, at all reasonable times, into
or upon any property within the area to which this By-law
applies for the purpose of any inspection necessary in
connection with the administration of this By-law.
3.9 Development Permits
3.9.1 A property owner shall not undertake, or cause to permit to be
undertaken, any development thereon unless a development
permit has been issued therefor by the Development Officer and
the permit is in force.
3.9.2 Notwithstanding Section 3.9.1, no development permit is
required for a development when such an exception is clearly
stated elsewhere in this By-law.
3.9.3 Every person wishing to obtain a development permit shall
submit an application to the Development Officer in the form
prescribed by Council.
3.9.4 When requested by the Development Officer, an application for a
development permit shall be accompanied by a plan drawn to
an appropriate scale and showing:
ADMINISTRATION | MUNICIPAL LAND USE BY-LAW | 44
a) the shape and dimensions of the lot to be used for the
development;
b) the proposed location on the lot, height and dimensions of
any proposed structure and of any structure to be affected
by the proposal;
c) the proposed location and dimensions of parking areas,
parking spaces, loading areas, driveways, curbs, fences and
landscaping, including all impermeable surfaces;
d) the location of every structure already constructed, partly
constructed, or proposed on the lot;
e) natural features such as wetlands, watercourses, water
bodies and slope by topography;
f) all other information as may be necessary to determine
whether the proposed development conforms with the
requirements of this Land Use By-law.
3.9.5 Where the Development Officer is unable to determine whether
the proposed development conforms to this By-law and other
by-laws and regulations in force which affect the proposed
development, the Development Officer may require that any
plans submitted in support of an application be certified by an
appropriate registered professional such as a Nova Scotia Land
Surveyor or Professional Engineer.
3.10 Signatures
An application for a development permit shall be signed by the owner of
the lot, or by an agent so appointed by the owner, and shall set forth in
detail the current and proposed use of the lot and each building or
structure, or part thereof, together with all the information necessary to
determine whether or not the proposed development conforms with the
requirements of this Land Use By-law.
3.11 Issuance of Development Permit
3.11.1 No development permit shall be issued by the Development
Officer unless the development conforms to the provisions of
this Land Use By-law, the terms of a development agreement, or
a site plan approval.
3.11.2 Every development permit issued under this Land Use By-law and
any development permit issued under any previous Land Use
By-law, shall automatically expire, if the development to which it
relates has not commenced and eighteen (18) months have
passed since its issuance.
ADMINISTRATION | MUNICIPAL LAND USE BY-LAW | 45
3.11.3 A development permit shall be effective for a period of eighteen
(18) months and may be renewed for an additional eighteen (18)
month period provided that:
a) the development permit has not been renewed previously;
b) the Development Officer is satisfied that the development
permit is consistent with the existing Land Use By-law and
proposed amendments to the Land Use By-law as provided
for under the Municipal Government Act.
3.11.4 Notwithstanding 3.11.3, a development permit may be issued for
a temporary period and may be renewed for a temporary period
on a one-time-only basis to a maximum of six (6) months
provided that the Development Officer is satisfied that the
development permit is consistent with the Land Use By-law and
proposed amendments to the Land Use By-law as provided for
under the Municipal Government Act.
3.12 Deviations
No developer shall deviate, or allow deviations to be made, from the
description of the proposed development which is contained in the
development permit, unless the developer has obtained a new
development permit or an amended development permit from the
Development Officer.
3.13 Amend or re-issue
When so requested by a developer, the Development Officer may make
amendments to or may re-issue a development permit which has not
lapsed by making an appropriate notation thereon provided that the
amended or re-issued permit conforms with the Land Use By-law
requirements in effect on the date of the amendment or re-issuance.
3.14 Revocation of Permits
The Development Officer may revoke any development permit issued
under this Land Use By-law or any previous Land Use By-law where:
• the requirements of the Land Use By-law are not met;
• the issuance of the permit was based on incorrect information;
• the permit was issued in error.
ADMINISTRATION | MUNICIPAL LAND USE BY-LAW | 46
3.15 Decision in Writing
Any decision of the Development Officer refusing to issue a development
permit shall be given by written notice served by ordinary mail whereas
any decision to revoke a development permit shall be given by written
notice served by registered mail and the revocation shall become effective
upon receipt of such notice.
3.16 Development Agreements
In accordance with the provisions of the Municipal Government Act,
Council may enter into a development agreement for certain high-density
residential developments, or large commercial, institutional and light
industrial developments, as indicated in the zones where such
development agreements may be considered. The criteria to be applied,
under which such developments may be considered, are referenced in
Part 9.0 of the Municipal Planning Strategy, specifically Section 9.7 located
therein.
3.17 Notice of Amendment or Agreement
3.17.1 Where the Council has given notice of its intention to adopt an
amendment to this By-law which is not general in scope but
which is in direct response to a specific development proposal,
or has given notice of its intention either to enter into a
development agreement or to amend a development
agreement, Council shall serve notice of the proposed
amendment or development agreement upon assessed property
owners whose property lies within thirty (30) m, or greater at the
discretion of Council, of the property which is the subject of the
proposed amendment or development agreement. Such notice
shall:
a) set forth a synopsis of the proposed amendment or
development agreement;
b) state the date, time, and place set for the public hearing on
the amendment or development agreement;
c) be served by ordinary mail.
3.17.2 A notice containing the same information shall be posted on the
Municipality’s website and sent to the Chair of the planning
advisory committee or area advisory committee for the specific
area.
ADMINISTRATION | MUNICIPAL LAND USE BY-LAW | 47
3.17.3 A sign that states that a planning application has been received
shall be posted on the property which is the subject of the
application.
3.18 Cost of Advertising, Registration and Notice
An applicant seeking an amendment to this By-law or for a development
agreement or an amendment thereto shall deposit with the Clerk of the
Municipality an amount as specified by policy of Council to cover the cost
of advertising, signage, registration and notices required to comply with
the Municipal Government Act. After such advertising has been
completed, the applicant shall pay to the Clerk any amount required to
pay any additional cost of advertising, registration and notices or, if there
is a surplus, the Clerk shall refund it to the applicant.
3.19 Notice of Variance or Site Plan Approval
3.19.1 Where a variance from the requirements of this by-law has been
granted or refused, or a site plan approval has been granted or
refused, the Development Officer shall give notice to the persons
entitled, and in the manner prescribed by Sections 232-237 of
the Municipal Government Act, such notice to be served by
ordinary mail. Specifically, the Development Officer shall serve
notice of the variance or site plan approval upon assessed
property owners whose property lies within 60 m (200 feet) of
the property which is the subject of the proposed variance or
site plan approval and such notice shall:
a) describe the variance or site plan approval;
b) identify the property where the variance or site plan approval
is granted;
c) set out the right to appeal the variance or site plan approval
to Council;
d) be sent to the address or addresses maintained in the
assessment list.
3.19.2 A notice containing the same information shall also be posted on
the property which is the subject of the proposed variance or
site plan approval.
3.20 Cost of Notice of Variance or Site Plan Approval
The Municipality may recover from the applicant the cost of giving notices
referred to in section 3.18.
ADMINISTRATION | MUNICIPAL LAND USE BY-LAW | 48
3.21 Application Fees
An applicant seeking a development permit, a development agreement,
an amendment to the Land Use By-law or the Municipal Planning
Strategy, a site plan approval, or a variance, shall pay the fees prescribed
by Council as amended from time to time by policy.
3.22 Violations
In the event of any alleged contravention of the provisions of this By-law,
the Municipality of the District of Chester may take action as outlined in
the Municipal Government Act.
GENERAL PROVISIONS | MUNICIPAL LAND USE BY-LAW | 49
4.0 GENERAL PROVISIONS
4.1 Application, Waivers and Exemptions
4.1.1 Application of General Provisions
The general provisions of Part 4.0 shall apply to all zones and
shall prevail over all zone requirements, unless otherwise
specified.
4.1.2 Height regulation
The regulation on maximum height for each zone shall not apply
to church spires, water tanks, silos, flagpoles, structures and
antennae used for radio-communications, ventilators, skylights,
chimneys, clock towers, wind turbines and solar collectors.
4.1.3 Mobile vending
a) Mobile vending, associated signs, and associated structures
are subject to the Trade and Licensing By-law #11 of the
Municipality, and no development permit shall be required.
b) Other By-Laws are exempt from Land Use By-Law provisions
included but not limited to: Uniform Signage By-Law #152,
Outdoor Dining By-law #153
4.1.4 Permitted uses
a) Unless otherwise indicated as a permitted use in a zone
within this By-law, the use shall be deemed to be prohibited
in said zone.
b) Subject to regulations in each zone, uses accessory to,
subordinate to, or incidental to the principal use shall be
permitted in any zone.
4.1.5 Restoration to a safe condition
Nothing in this By-law shall prevent the strengthening or
restoring to a safe condition of any structure.
More Information:
The Trade and Licensing
By-law can be found at
www.chester.ca or by
visiting the Municipal
Office.
GENERAL PROVISIONS | MUNICIPAL LAND USE BY-LAW | 50
4.1.6 Signs
All signs shall be subject to the applicable requirements of Part
10 of this By-law
4.1.7 Swimming pools
No development permit shall be required for the installation of
any swimming pool. However, any decking, accessory structures
or fencing associated with a swimming pool may require a
development permit subject to the provisions of the By-law.
4.1.8 Accessory Uses
Accessory Uses Subject to regulations in each zone, uses
accessory to, subordinate to, or incidental to the principal use
shall be permitted in any zone.
4.1.9 Accessory Structures
Accessory structures shall be permitted in all zones and, unless
otherwise indicated, shall be subject to the following:
a) Shall not be used for human habitation;
b) In zones where minimum yards standards apply, shall not be
permitted to be located closer than 1.2 m to any lot line, with
the exception of one accessory structure without plumbing
which may be built to the ordinary high-water mark;
c) Shall not be located or built within 1.5m of a main building
or structure, excluding signs, except that a fence or retaining
wall may join accessory structures with a main building;
d) Small accessory structures shall not require a development
permit in any zone with the exception of the Single Unit
Residential Zone (SU), the Protected Watershed Zone
(PW), and on any land within the Lakefront Overlay;
e) Notwithstanding 4.1.9 c), in any zone that includes
regulations for Farm Animals, Small accessory structures
used for the rearing, breeding, boarding, sheltering and
keeping of Farm Animals shall require a Development Permit;
f) Minor accessory structures shall not require a development
permit.
4.1.10 Small Option Dwellings
Small option dwellings shall be permitted in all zone where any type of
residential use is permitted.
GENERAL PROVISIONS | MUNICIPAL LAND USE BY-LAW | 51
4.2 Aggregate processing
4.2.1 In the Kaizer Meadow Industrial (KI) zone, aggregate
processing shall be permitted by development permit.
4.2.2 In any other zone, aggregate processing within the active area
designated for the operation of an approved pit or quarry, shall
be permitted by development permit.
4.2.3 In the General Basic (GB) and Mixed Use (MU) zones, for any
location outside of an active area designated for the operation
of an approved pit or quarry, and for a period not to exceed six
(6) months, aggregate processing shall be permitted by
temporary development permit, subject to the following:
Provision Standard
Minimum distance for the envelope of a processing facility
from any existing residential property
360 m
Minimum distance for the envelope of a processing facility
from any zone boundary other than the Kaizer Meadow
Industrial (KI), General Basic (GB), or Mixed Use (MU).
50 m
and thereafter not permitted on the same lot except by
development agreement.
4.2.4 In the General Basic (GB) and Mixed Use (MU) zones, for any
location outside of an active area designated for the operation
of an approved pit or quarry, and for a period exceeding six (6)
months in any calendar year, aggregate processing shall be
permitted by development agreement.
4.3 Agricultural Uses
4.3.1 This By-law does not regulate or control agricultural uses and no
development permit shall be required unless otherwise noted in
this By-law.
4.4 Cannabis Production Facilities
4.4.1 Indoor Cannabis Production Facilities
Indoor Cannabis production facilities completely contained
within a building are deemed a light industrial use and shall
comply with all zone standards for a light industrial use
including but not limited to any required gross floor area or
land area requirements.
GENERAL PROVISIONS | MUNICIPAL LAND USE BY-LAW | 52
4.4.2 Outdoor Cannabis Production Facilities
Outdoor Cannabis production facilities cultivating, propagating,
or harvesting cannabis, are deemed an agricultural use and shall:
a) be located a minimum of five hundred (500) m from any
permanent dwelling, childcare centre, school, nursery, public
park, religious institution, long term care facilities, hospitals
or permanent alcohol or drug treatment facility;
b) the use shall be set back a minimum of thirty (30) m from all
lot lines.
4.5 Community Gardens
4.5.1 Community gardens shall be permitted in any zone and shall not
require a development permit.
4.6 Composting, Small-scale
4.6.1 Small-scale composting shall be permitted as an accessory use to
commercial, institutional and light industrial uses in zones where
such uses are permitted.
4.7 Electrical Generation Facilities
The following provisions shall apply to developments not owned
by the Municipality or located on Municipally-owned property.
4.7.1 Wind Turbines
Wind turbines shall be permitted in all zones by development
permit and shall be subject to the following requirements:
a) in the Single Unit Residential (SU), Hamlet (HM), and
Gateway (GW) zones, total combined production capacity
for all wind turbines on the lot shall not exceed five (5)
kilowatts;
b) in all other zones, total combined production capacity for all
wind turbines on the lot shall not exceed one hundred (100)
kilowatts;
c) wind turbines shall be set back 1.5 times the height of the
turbine, measured from grade to the highest point of the
rotor’s arc, from adjoining lot lines;
d) wind turbines shall not exceed thirty (30) m in height;
GENERAL PROVISIONS | MUNICIPAL LAND USE BY-LAW | 53
e) wind turbines shall bear a non-reflective finish, and shall not
contain any exterior lighting;
f) no sign shall appear on a wind turbine other than the
owner’s or manufacturer’s identification;
g) rotor blade clearance shall be at least eight (8) m above
grade.
4.7.2 Solar Collectors
Solar collectors shall be permitted in all zones, subject to the
following requirements:
a) This By-law shall apply to all solar collectors that are not
attached to a building on the lot. Solar collectors attached to
a building do not require a development permit. Off-
building solar collectors shall require a Development Permit,
except within the General Basic (GB) zone;
b) off-building solar collectors shall be permitted on lots that
do not contain a main building;
c) where minimum yard standards apply, off-building solar
collectors shall not be permitted within the front yard and
shall meet the requirements of the zone.
4.7.3 High Capacity Electrical Generating Facilities
Any electrical generating facilities not permitted under sections
4.7.1 or 4.7.2, such as a large-scale wind turbine facility or solar
farm, shall be permitted by development agreement in the
General Basic (GB), Business Park (BP), Kaizer Meadow
Industrial (KI) and Kaizer Meadow (KM) zones.
4.8 Farm Animals
4.8.1 The rearing, breeding, boarding, sheltering and keeping of Farm
animals does not require a development permit unless otherwise
stated in this By-law.
4.9 Farm Markets
Farm markets operating one day per week or less shall be
permitted in any zone and shall not require a development
permit.
4.10 Fences
4.10.1 Requirements for fences are based on height, as follows:
GENERAL PROVISIONS | MUNICIPAL LAND USE BY-LAW | 54
Fence height Development
Permit
Location Requirements
3 m or less No None
Greater than 3 m Yes (except
within the
General Basic
(GB) zone
Must meet minimum yard
requirements of the zone in
which it is to be located
4.11 Fuel Production, Alternative Non-commercial
4.11.1 Notwithstanding restrictions within specific zone standards for
heavy industrial uses, nothing in this By-law shall prevent the
small-scale production of alternative fuel sources such as, but
not limited to; biodiesel, methane and ethanol in zones where
the production exclusively used in relation to a non-commercial
use or non-commerce use. For greater clarity this does not
permit any operation involving commercial sale of products or
those which require licensing under Provincial Acts relating to
fuel production, storage or retail including but not limited to the
Resources Conservation Act & Technical Safety Act of Nova
Scotia.
4.12 Lots
4.12.1 Common lot line
Notwithstanding the yard requirements of each zone, adjoining
buildings which are structurally attached to each other are
permitted to be built to the common lot line.
4.12.2 Existing undersized lots
Notwithstanding minimum lot area and lot frontage
requirements established elsewhere in this by-law, a lot which
does not satisfy the minimum requirements for lot area, lot
frontage, or both, and either was in existence on or before 16
April, 1987 (see MGA Sec. 291), or satisfies one or more of the
following requirements (a) or (b) may be used for a purpose
permitted in the zone in which the lot is located, and a structure
may be erected on the lot, provided that all other applicable
provisions of this by-law are satisfied:
GENERAL PROVISIONS | MUNICIPAL LAND USE BY-LAW | 55
a) The lot has been created after 16 April 1987 by the
consolidation of two or more lots, by the expansion or
increase in size of an existing lot, by subdivision under the
variance provisions of the Municipal Government Act or by
an instrument to which the Municipal Government Act does
not apply; or
b) The lot is located upon an island, in which case the required
lot frontage shall be measured along the ordinary high water
mark.
4.12.3 Minimum lot frontage
The minimum lot frontage for all lots shall be six (6) m, unless
otherwise required in this By-law.
4.13 Non-Conforming Structures and Uses
4.13.1 Non-conforming structures: enlargement and relocation
A structure, excluding any sign, which was legally in existence on
the effective date of this By-law, and which would not otherwise
be permitted due to the size of the yard in which it is located, or
its setback from property lines, may be:
a) enlarged, reconstructed, repaired, renovated, or replaced by
a new structure, provided that the structure shall not thereby
be permitted to extend, elongate or increase any existing
encroachment into the minimum front yard, flankage yard,
side yard or rear yard required in that zone except by the
granting of a variance in accordance with this By-law.
b) relocated, provided no encroachment into the minimum
front yard, flankage yard, or rear yard required in that zone
shall be permitted except by the granting of a variance in
accordance with this By-law.
provided that the application for a development permit is
supported by a location certificate or survey plan showing the
location of the structure in relation to the boundaries of the lot.
More Information:
The Municipal
Government Act allows
certain structures which
do not otherwise meet
the requirements of this
By-law to continue to be
used and altered subject
to certain criteria.
For more information,
see sections 238-242 of
the Municipal
Government Act,
available from
www.nslegislature.ca
GENERAL PROVISIONS | MUNICIPAL LAND USE BY-LAW | 56
4.13.2 Non-conforming structures: used as permitted in zone
A structure, excluding any accessory structure or sign, which was
legally in existence on the effective date of this By-law, and
which would not otherwise be permitted due to the size of the
yard in which it is located, or its setback from property lines, may
be used as permitted in the zone in which the structure is
situated.
4.13.3 Non-conforming uses
Prior Existing Uses, land uses which were legally in existence on
the effective date of this By-law, and which would not otherwise
be permitted in the zone in which they are located due to the
type of use or the size of the use, as demonstrated through
municipal records or through Statutory Declaration, are subject
to the non-conforming provisions of the Municipal Government
Act, with the exception that non-conforming uses may be
recommenced, if discontinued for a continuous period of less
than twelve months.
4.14 Outdoor lighting
4.14.1 For uses requiring a development permit, all outdoor lighting
shall be downcast and have full horizontal cut-off so as not to
cast directly upon an abutting property.
4.15 Outdoor wood furnaces
4.15.1 Outdoor wood furnaces shall be permitted, subject to
development standards, in all zones except the Single Unit
Residential (SU) zone. Outdoor wood furnaces shall be located
a minimum of 22.5 m from any lot line and forty-five (45) m from
dwellings on adjacent lots, shall not have a chimney height lower
than the eaves of the building which it serves, but in any case
not lower than five (5) m and shall be kept locked when
unattended.
4.16 Parking requirements
4.16.1 Where a development permit is required, the minimum
requirement for on-site parking shall be one space for every
dwelling unit and one space for every fifty (50) m2 of non-
residential floor area.
More Information:
The Municipal
Government Act allows
uses which would
otherwise not be
permitted under this By-
law to continue, subject
to certain criteria.
For more information,
see sections 238-242 of
the Municipal
Government Act,
available from
www.nslegislature.ca
GENERAL PROVISIONS | MUNICIPAL LAND USE BY-LAW | 57
4.17 Places of Worship & Cemeteries
4.17.1 Places of worship and cemeteries shall be permitted in all zones
with the exception of the Business Park (BP), Kaizer Meadow
Industrial (KI), Kaizer Meadow (KM), Protected Watershed (PW)
and Conservation (CS) zones.
4.18 Private storage
4.18.1 Where there is no other main building on the lot, private storage
buildings shall be permitted in any zone subject to zone
standards for single unit dwellings (refer to Section 6.2).
4.19 Public Structures and Uses
4.19.1 Public utilities provided by the Municipality such as, but not
limited to, sewage treatment plants, pumping stations, water
storage reservoirs, and stormwater management facilities shall
be permitted in any zone.
4.19.2 Public buildings, public uses and parks shall be permitted in any
zone.
4.20 Radio-communications facilities
4.20.1 Nothing in this By-law shall prevent the use of land for the
installation of radio-communications facilities that have been
issued a license by the Federal Government following due
process as prescribed in the Canadian Radiocommunications
Information and Notification Service (CRINS) Antenna System
Siting Review and Consultation Protocol, Reference Issue 3
[2014] as amended from time to time.
4.21 Salvage yards
4.21.1 Where permitted, salvage yards shall have an approved
commercial highway access from the appropriate Provincial or
Municipal department. The area of a salvage yard shall be
screened to provide a visual barrier that is at least two (2) m in
height.
More Information:
CRINS is the non-
governmental
organization that the
Municipality has
designated as the body
which carries out public
consultation regarding
radio-communications
facilities.
More information can
be found at
http://www.crins-
sinrc.ca/
GENERAL PROVISIONS | MUNICIPAL LAND USE BY-LAW | 58
4.22 Shipping containers
4.22.1 Shipping containers shall be permitted, subject to development
standards, in all zones except the Single Unit Residential (SU),
and Coastal Island (CI) zones and shall not be used for human
habitation unless converted in compliance with the Nova Scotia
Building Code.
4.23 Site Plan Approval
4.23.1 Where permitted in the zone, and in accordance with the
provisions of the Municipal Government Act, the Development
Officer may issue a development permit, upon approval of a site
plan approval of moderate-density residential development, or a
commercial, institutional, recreational or industrial development,
as indicated in zones where such approval may be considered, in
which the following requirements have been addressed:
a) approval by the authority having jurisdiction for sewage
disposal either by an on-site sewage disposal system, or by
connection to a municipal central sewer, or by connection to
a sewage disposal system satisfying the design and
construction requirements of the Municipal Specifications
adopted by Council;
b) adequate emergency vehicle access;
c) adequate solid waste collection access;
d) approval by the authority having jurisdiction for access to
any public street;
e) adequate on-site potable water supply for domestic use and
fire suppression, such as not to negatively impact existing
abutting developments;
f) location of new buildings and additions to existing buildings
within the permissible building envelope, and no less than
twenty (20) m from any watercourse, water body, or wetland;
g) location and design of on-site loading and parking areas to
facilitate safe access between building(s) and vehicle parking
and maneuvering areas;
h) screening of parking areas and any outside storage areas
from adjacent properties and from the public street by a
fence at least 1.2 m high or an equivalent combination of
berms or landscaping;
GENERAL PROVISIONS | MUNICIPAL LAND USE BY-LAW | 59
i) location and design of walkways and any outside storage
areas so as to facilitate building access, and shall be surfaced
with stable materials to prevent dust from blowing onto
adjacent properties;
j) provision of a landscaped buffer consisting of a combination
of trees, shrubs, plants and grass, or retention in the form of
existing vegetation, in the front yard, side yard and rear yard,
exclusive of parking, driveways and pedestrian walkways, a
minimum of 25% of the total land area;
k) retention and incorporation of existing vegetation into the
site landscaping, including the protection of environmentally
sensitive areas;
l) with regard to watercourses and water bodies:
(i) maintenance of a vegetated buffer of twenty (20) m in
depth from the ordinary high-water mark of a
watercourse or water body;
(ii) retention, replanting and maintenance of the vegetated
buffer, in tree cover and understory vegetation to at
least 75% of the linear water body frontage of the
buffer, and not as a maintained, mowed lawn;
(iii) allowance of a 3.5 m wide opening in the vegetated
buffer for access to watercourses and water bodies by
means of docks, decks and pathways;
(iv) allowance of small accessory structures shall be
permitted within the vegetative buffer so identified.
m) indication on the site plan approval of all easements where
applicable;
n) indication of measures including lot grading and the
limitation of impermeable surfaces, such as concrete and
asphalt, to areas for access, parking, and pedestrian
walkways so as to demonstrate satisfactory stormwater
drainage;
o) other than the minimum infilling required for construction of
boathouses, slipways, wharves and bridges, indication of
adequate management of land levels within twenty (20) m of
any watercourse, water body, or the sea such that they are
not altered by filling in of land greater that 0.3 m above the
natural ground surface;
p) provision of outdoor lighting fixtures with full horizontal cut-
off such that direct illumination does not extend beyond the
lot lines of the development;
GENERAL PROVISIONS | MUNICIPAL LAND USE BY-LAW | 60
q) all buildings and all other structures, lawns, trees, shrubs,
parking areas, lighting systems, and other landscaping
elements shall be maintained in a tidy, attractive and useable
state free of unkempt matter of any kind; and the
development shall not generate emissions such as dust,
radiation, odours, liquids, or light to the air, water, or ground
so as to create a recognized health or safety hazard or to
create a nuisance to the adjacent properties.
4.23.2 Notwithstanding site plan approval requirements, accessory
structures under fifty (50) m2 shall not require site plan approval
but shall be approved by development permit.
4.23.3 The applicant shall enter into a written undertaking to carry out
the terms of the site plan approval.
4.24 Stormwater Standard
4.24.1 Residential developments comprising 12 or more dwelling units;
or a commercial, institutional, light industrial or heavy industrial
development with a gross floor area over 1,000 m2 or occupying
a land area over 6,000 m2 shall submit a storm drainage plan,
furnished by a qualified professional, namely an engineer, using
stormwater management best practices such that:
a) surface runoff from impermeable surfaces, and rooftop
runoff from downspouts, shall drain across permeable areas
such as yards, vegetated areas or other permeable surfaces,
utilizing rain gardens, drainage swales or other stormwater
control methods, before entering any watercourse, water
body, wetland, stormwater system, or drainage ditch;
b) peak post-development flows do not exceed pre-
development flows for all major storms including extreme
weather events (1 in 20-year storms).
4.25 Temporary structures
4.25.1 Temporary uses: special occasions
Nothing in this By-law shall prevent the use of land for the
erection of temporary structures or signs for a special occasion
organized and operated by the Municipality, a non-profit
organization, or private household. Such use of land shall not
require a development permit.
GENERAL PROVISIONS | MUNICIPAL LAND USE BY-LAW | 61
4.25.2 Temporary structures: incidental to construction
A temporary structure incidental to construction of a main
building, including but not limited to a mobile site office, tool
shed, scaffold, shipping container or temporary shelter of goods,
shall require a temporary development permit. The temporary
structure shall be removed no more than six (6) months from
issuance of a temporary development permit for said temporary
structure.
4.25.3 Temporary structures: special occasions
A temporary structure for special occasions and holidays,
including but not limited to community or private celebrations,
and commercial promotions, shall not require a development
permit, shall not be installed more than ten (10) days prior to the
start of the special occasion and shall be removed no more than
ten (10) days following the termination of the special occasion.
4.25.4 Temporary signs: special occasions
Nothing in this By-law shall prevent the use of land, the use of
structures or the erection of signs during and for the purposes
of municipal, provincial or federal election campaign provided
such uses are terminated and such signs are removed within
seven days following the election.
4.26 Variances
4.26.1 The Development Officer may grant variances of the required
minimum or maximum for:
a) the number of parking spaces;
b) the number of loading spaces;
c) percentage of land that may be built upon;
d) size or other requirements relating to yards;
e) lot frontage, lot area, or both lot frontage and lot area
provided the lot existed on the effective date of this By-law
or a variance was granted for the for the lot at the time of
subdivision approval;
f) the ground area and height of a structure;
g) the floor area occupied by a home-based business; and
h) the height and area of a sign.
4.26.2 In considering these variances, no variance shall be issued unless
the development permit application is supported by a location
GENERAL PROVISIONS | MUNICIPAL LAND USE BY-LAW | 62
certificate or survey plan showing the location of the parking
area, loading area, and structures in relation to the property
boundaries.
4.27 Vehicle Habitation & Storage
4.27.1 An automobile, truck, bus, coach, rail car, recreational vehicle or
other vehicle, or part thereof, with or without wheels, may be
used for human habitation with no requirement for a
development permit unless listed in the zone standards.
4.27.2 Storage of a recreational vehicle is permitted on any lot, except
as noted within specific Zone Standards.
4.27.3 Notwithstanding 4.27.1 and 4.27.2, additional requirements
related to the habitation and storage of vehicles are detailed in
the zone standards where applicable.
4.27.4 Section 4.27 shall not apply to recreational vehicles in
campgrounds and RV parks.
4.28 Watercourses, Water Bodies, and Wetlands
4.28.1 Lakefront Overlay
a) any developments on a lot subject to the Lakefront Overlay
(Schedule “B”) shall require a development permit;
b) main buildings are not permitted within the area covered by
the Lakefront Overlay. For greater clarity this covers lands
within twenty (20) m of the ordinary high water mark of any
water body identified on Schedule “B”;
c) Small accessory structures, fire-fighting impoundments and
structures related to water systems shall be permitted with
the Lakefront Overlay subject to the provisions of this By-
Law;
d) Impermeable surfaces within the Lakefront Overlay shall
not exceed 25% of the total lakefront overlay area of the lot
including buildings and hard-surface landscaping.
4.28.2 Watercourses, Water Bodies, and Wetlands
a) all uses requiring a development permit shall place all
buildings at least twenty (20) m from the ordinary high-water
mark of any wetland, watercourse or water body;
GENERAL PROVISIONS | MUNICIPAL LAND USE BY-LAW | 63
b) setback and minimum yard requirements shall not apply to
fire-fighting impoundments, small accessory structures and
structures related to water systems, or where otherwise
permitted in this By-law.
c) if a property owner disagrees with the location of a
watercourse, water body or wetland as shown on the Nova
Scotia 1:10,000 topographic database, a professional
assessment may be submitted by the property owner or their
representative proving that the boundaries of a watercourse,
water body or wetland have changed or that no water
feature is present. In such circumstances, the setbacks, if
applicable, being in accordance with the Professional
assessment.
4.29 Wharves, slipways and docks
4.29.1 Wharves, slipways, and docks shall be permitted without a
development permit, except as noted within specific Zone
Standards.
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5.0 RURAL AREA
5.1 Application
The provisions of this part shall apply throughout the General
Basic (GB).
RURAL AREA | MUNICIPAL LAND USE BY-LAW | 66
RURAL AREA | MUNICIPAL LAND USE BY-LAW | 67
GB
5.2 General Basic Zone
5.2.1 Developments for which no development permit is required
No development permit shall be required for all developments
with the exception of those listed in Section 5.2.3 (Uses subject
to development control), Section 4.28.1 (Lakefront Overlay) and
Section 5.2.4 (Prohibited uses).
5.2.2 Application of General Provisions
Section 4, General Provisions, apply within the General Basic
zone only when a development permit is required.
5.2.3 Uses subject to development control
The following uses are permitted in the General Basic (GB) zone
subject to the specified approval process and zone standards:
Approval
Process
Min. Front
Yard
Min. Side
Yard
Min. Rear
Yard
Max.
Height of
Structure
Residential
5 – 11 dwelling units on
a lot SP 3 m 3 m 3 m none
12 or more dwelling
units on a lot DA
Land lease communities DA
Commercial /
Institutional
Campgrounds and RV
Parks up to 20 sites DP 10 m 10 m 10 m none
Campgrounds and RV
Parks 21 or more sites DA
Golf Courses DA
Marinas DP 5 m 5 m 5 m none
Recycling Depots DP 7.5 m 7.5 m 7.5 m none
Tourist Accommodations
up to 20 units DP 7.5 m 7.5 m 7.5 m none
Tourist Accommodations
21 or more units SP 7.5 m 7.5 m 7.5 m none
Abbreviations:
DP = Development
Permit
SP = Site Plan Approval
DA = Development
Agreement
GB
RURAL AREA | MUNICIPAL LAND USE BY-LAW | 68
Approval
Process
Min. Front
Yard
Min. Side
Yard
Min. Rear
Yard
Max.
Height of
Structure
Any other
commercial/institutional
development or
combination of
developments with gross
floor area between 1000
m2 and 2800 m2 or which
occupies a land area
between 6000 m2 and
15000 m2, whichever is
lesser
DP 5 m 5 m 5 m none
Any other
commercial/institutional
development or
combination of
developments with gross
floor area greater than
2800 m2 or which
occupies a land area
greater than 15000 m2,
whichever is lesser
DA
Light Industrial
Abattoirs up to 2500 m2 SP 7.5 m 7.5 m 7.5 m none
Abattoirs over 2500 m2 DA
Aggregate processing Permitted subject to the provisions of section 4.2
Aquaculture, including
inland fish farms and
hatcheries
DA
Salvage Yards up to
2500 m2 DP 7.5 m 7.5 m 7.5 m none
Salvage Yards over
2500 m2 SP 7.5 m 7.5 m 7.5 m none
Any other light industrial
development or
combination of
developments with gross
floor area between 1000
m2 and 2800 m2 or which
occupies a land area
between 6000 m2 and
15000 m2, whichever is
lesser
DP 5 m 5 m 5 m none
GB
RURAL AREA | MUNICIPAL LAND USE BY-LAW | 69
Approval
Process
Min. Front
Yard
Min. Side
Yard
Min. Rear
Yard
Max.
Height of
Structure
Any other light industrial
development or
combination of
developments with gross
floor area over 2800 m2
or which occupies a land
area over 15000 m2,
whichever is lesser
DA
Other
Outdoor Cannabis
Production Facilities Permitted subject to the provisions of section 4.4
Fur farming DA
Waterfront Parks not
owned by the
Municipality
DA
5.2.4 Prohibited Uses and Developments
The following uses and developments are prohibited in the
General Basic (GB) Zone:
a) all heavy industrial developments.
GB
RURAL AREA | MUNICIPAL LAND USE BY-LAW | 70
SETTLEMENT AREA | MUNICIPAL LAND USE BY-LAW | 71
6.0 SETTLEMENT AREA
6.1 Application
The provisions of this part shall apply to the Single Unit
Residential (SU), Settlement Residential One (SR-1),
Settlement Residential Two (SR-2), Mixed Use (MU), Coastal
Island (CI), Coastal Island Two (CI-2), and Gateway (GW)
zones.
SETTLEMENT AREA | MUNICIPAL LAND USE BY-LAW | 72
SETTLEMENT AREA | MUNICIPAL LAND USE BY-LAW | 73
6.2 Single Unit Residential Zone
6.2.1 Permitted Uses and Developments
The following uses are permitted in the Single Unit Residential
(SU) zone subject to the specified approval process and
standards:
Approval
Process
Min. Front
Yard
Min. Side
Yard
Min. Rear
Yard
Max.
Height of
Structure
Residential
Detached dwelling up to
1 per lot DP 1.5 m 1.5 m 1.5 m 10 m
Home-based Businesses DP Subject to section 6.2.7
Other
Waterfront Parks not
owned by the
Municipality
DA
6.2.2 Prohibited Uses and Developments
The following uses and developments are prohibited in the
Single Unit Residential (SU) zone:
a) manufactured homes;
b) shipping containers;
c) the rearing, breeding, boarding, sheltering and keeping of
any Farm Animal;
d) outdoor wood furnaces.
6.2.3 Special Requirements: Habitation of Vehicles
Within the Single Unit Residential (SU) zone, no automobile,
truck, bus, coach, rail car, recreational vehicle or other vehicle, or
part thereof, with or without wheels, shall be used for human
habitation, except that a recreational vehicle may be used for
temporary human habitation for a maximum of sixty (60) days in
any calendar year provided that such use:
a) has received a temporary development permit for the sixty
(60) day period of habitation;
b) is carried out in a recreational vehicle bearing a valid motor
vehicle registration and inspection;
c) is limited to one (1) recreational vehicle on a lot at any one
time;
Abbreviations:
DP = Development
Permit
SP = Site Plan Approval
DA = Development
Agreement
SU
SU
SETTLEMENT AREA | MUNICIPAL LAND USE BY-LAW | 74
d) meets all minimum yard requirements for residential uses in
the zone in which the recreational vehicle is located;
e) shall not be connected to a wastewater system.
6.2.4 Special Requirements: Short-Term Habitation of Vehicles
Notwithstanding 6.2.3, nothing shall prevent the temporary
habitation of recreational vehicles within the Single Unit
Residential (SU) zone, up to a maximum of fourteen (14) days
in any calendar year without the requirement for a temporary
development permit or a development permit.
6.2.5 Special Requirements: Storage of Recreational Vehicles
Within the Single Unit Residential (SU) zone, storage of a
recreational vehicle is only permitted on lots that also contain a
dwelling.
6.2.6 Special Requirements: Storage in Vehicles
No automobile, truck, bus, coach, streetcar, recreational vehicle,
camper or other motor vehicle or part thereof, with or without
wheels, no mobile home, container, shall be used for the storage
or shelter of goods of any description.
6.2.7 Special Requirements: Home Based Business
A residential dwelling may be used for a home-based business
provided that:
a) the dwelling is occupied as the place of primary residence by
the operator of the business;
b) no more than 25% of the floor area of the main dwelling, or
a maximum of fifty (50) m² of floor area, whichever is less, is
devoted to the business use;
c) home-based businesses shall fall within one of the following:
i) Professional services;
ii) Craft workshops;
iii) Studios for the practice or instruction of fine arts or
crafts;
iv) Home office & sales uses that do not host, intake or
receive clients on-site.
d) retail sales shall be limited to the sale of products, made,
assembled, refinished or repaired on the premises;
SU
SETTLEMENT AREA | MUNICIPAL LAND USE BY-LAW | 75
e) one (1) on-site parking space, in addition to that required for
the dwelling, is provided;
f) Outdoor display associated with the business shall not be
permitted;
g) outdoor storage associated with the business shall be
permitted in the rear yard only and shall be required to be
screened from view by a fence, no less than two (2) m in
height;
h) the external appearance of the building shall not be changed
by the home-based business;
j) no signs shall be permitted on the lot related to the home-
based business.
SU
SETTLEMENT AREA | MUNICIPAL LAND USE BY-LAW | 76
SETTLEMENT AREA | MUNICIPAL LAND USE BY-LAW | 77
6.3 Settlement Residential One Zone
6.3.1 Permitted Uses and Developments
The following uses are permitted in the Settlement Residential
One (SR-1) zone subject to the specified approval process and
standards:
Approval
Process
Min. Front
Yard
Min. Side
Yard
Min. Rear
Yard
Max.
Height of
Structure
Residential
1 – 2 dwelling units on a
lot DP 1.5 m 1.5 m 1.5 m 11 m
3 – 11 dwelling units on
a lot DA
Commercial /
Institutional
Tourist Accommodations
up to 3 units DP 1.5 m 3 m 3 m 11 m
Marinas DA
Any other commercial or
institutional use or
combination of uses not
listed in section 6.3.2
with a gross floor area up
to 70 m2 or which
occupies a land area up
to 210 m2, whichever is
lesser
DP 1.5 m 3 m 3 m 11 m
Any other commercial or
institutional use or
combination of uses not
listed in Section 6.3.2
with a gross floor area
over 70 m2 or which
occupies a land area over
210 m2, whichever is
lesser
DA
Light Industrial
Any other light industrial
development or
combination of
developments not listed
in Section 6.3.2 with a
gross floor area up to 70
m2 or which occupies a
land area up to 210 m2,
whichever is lesser
DP 7 m 7 m 7 m 11 m
Abbreviations:
DP = Development
Permit
SP = Site Plan Approval
DA = Development
Agreement
SR-1
SR
-1
SETTLEMENT AREA | MUNICIPAL LAND USE BY-LAW | 78
Approval
Process
Min. Front
Yard
Min. Side
Yard
Min. Rear
Yard
Max.
Height of
Structure
Any other light industrial
development or
combination of
developments not listed
in Section 6.3.2 with a
gross floor area over 70
m2 or which occupies a
land area over 210 m2,
whichever is lesser
DA
Other
Outdoor Cannabis
Production Facilities Permitted subject to the provisions of section 4.4
Forestry Processing DP 5 m 5 m 5 m 11m
Farm Animals DP Subject to the provisions of section 6.3.3
Waterfront Parks not
owned by the
Municipality
DA
6.3.2 Prohibited Uses and Developments
The following uses and developments are prohibited in the
Settlement Residential One (SR-1) Zone:
a) Abattoirs;
b) Composting Facilities;
c) Campgrounds/RV Parks;
d) Fur Farming;
e) Kennels;
f) Contaminated soil facilities;
g) Manufactured homes;
h) Shipping containers;
i) Processing facilities handling meat, fish or poultry products;
j) Salvage yards;
k) All heavy industrial developments.
6.3.3 Special Requirements – Farm Animals
In the Settlement Residential One (SR-1) zone:
(a) any lot used for the rearing, breeding, boarding sheltering or
keeping of a farm animal or farm animals that constitutes one (1)
or more farm animal units shall have an area no less than 3716
m2 for the first farm animal unit, and an additional 1858 m2 for
each additional farm animal unit.
SR
-1
SETTLEMENT AREA | MUNICIPAL LAND USE BY-LAW | 79
(b) no person shall keep any farm animal or farm animals
constituting one (1) or more farm animal units within thirty (30)
m of a dug well or a watercourse.
(c) any lot used for the rearing or keeping of a farm animal or farm
animals, the following separations from lot boundaries shall
apply:
Land Use Minimum Distance From
Property Boundary
Manure and used bedding storage 15 m
Building sheltering 5 or fewer Farm
Animal Units 15 m
Building sheltering more than 5 Farm
Animal Units 60 m
6.3.4 Special Requirements: Habitation of Vehicles
Within the Settlement Residential One (SR-1) zone, no
automobile, truck, bus, coach, rail car, recreational vehicle or
other vehicle, or part thereof, with or without wheels, shall be
used for human habitation, except that a recreational vehicle
may be used for temporary human habitation for a maximum of
180 days in any calendar year provided that such use:
a) has received a temporary development permit for the 180-
day period of habitation;
b) is carried out in a recreational vehicle bearing a valid motor
vehicle registration and inspection;
c) is limited to one (1) recreational vehicle on a lot at any one
time;
d) meets all minimum yard requirements for residential uses in
the zone in which the recreational vehicle is located;
e) shall not be connected to a wastewater system.
6.3.5 Special Requirements: Short-Term Habitation of Vehicles
Notwithstanding 6.3.4 nothing shall prevent the temporary
habitation of recreational vehicles within the Settlement
Residential One (SR-1) zone, up to a maximum of fourteen
days in any calendar year without the requirement for a
temporary development permit or a development permit.
SR
-1
SETTLEMENT AREA | MUNICIPAL LAND USE BY-LAW | 80
6.3.6 Special Requirements: Storage of Recreational Vehicles
Within the Settlement Residential One (SR-1) zone, storage of
a recreational vehicle is only permitted on lots that also contain
a dwelling.
6.3.7 Special Requirements: Storage in Vehicles
No automobile, truck, bus, coach, streetcar, recreational vehicle,
camper or other motor vehicle or part thereof, with or without
wheels, no mobile home, container, shall be used for the storage
or shelter of goods of any description.
SR
-1
SETTLEMENT AREA | MUNICIPAL LAND USE BY-LAW | 81
6.4 Settlement Residential Two Zone
6.4.1 Permitted Uses and Developments
The following uses are permitted in the Settlement Residential
Two (SR-2) zone subject to the specified approval process and
standards:
Approval
Process
Min. Front
Yard
Min. Side
Yard
Min. Rear
Yard
Max.
Height of
Structure
Residential
1 – 2 dwelling units on a
lot DP 1.5 m 1.5 m 1.5 m 11 m
3 – 11 dwelling units on
a lot SP 3. m 3 m 3 m 11 m
12 or more dwelling
units on a lot DA
Land Lease Communities DA
Commercial /
Institutional
Golf Courses DA
Marinas DP 1.5 m 10 m none 11 m
Tourist Accommodations
up to 20 units DP 7.5 m 7.5 m 7.5 m 11 m
Any other commercial or
institutional use or
combination of uses not
listed in section 6.4.2
with a gross floor area
less than 100 m2 or
which occupies a land
area less than 500 m2,
whichever is lesser
DP 1.5 m 3 m 3 m 11 m
Any other commercial or
institutional use or
combination of uses not
listed in Section 6.4.3
with a gross floor area
between 100 m2 and 500
m2 or which occupies a
land area between 500
m2 and 2000 m2,
whichever is lesser
SP 1.5 m 3 m 3 m 11 m
Abbreviations:
DP = Development
Permit
SP = Site Plan Approval
DA = Development
Agreement
SR-2
SR
-2
SETTLEMENT AREA | MUNICIPAL LAND USE BY-LAW | 82
Approval
Process
Min. Front
Yard
Min. Side
Yard
Min. Rear
Yard
Max.
Height of
Structure
Light Industrial
Any other light industrial
development or
combination of
developments not listed
in Section 6.4.2 with a
gross floor area less than
100 m2 or which
occupies a land area less
than 500 m2, whichever is
lesser
DP 7 m 7 m 7 m 11 m
Any other light industrial
development or
combination of
developments not listed
in Section 6.4.2 between
100 m2 and 500 m2 of
gross floor area or which
occupies a land area
between 500 m2 and
2000 m2, whichever is
lesser
SP 7 m 7 m 7 m 11 m
Research Facility DP 1.5 m 3 m 3 m 11 m
Other
Outdoor Cannabis
Production Facilities Permitted subject to the provisions of section 4.4
Forestry Processing DP 5 m 5 m 5 m 11m
Waterfront Parks not
owned by the
Municipality
DA
6.4.2 Prohibited Uses and Developments
The following uses and developments are prohibited in the
Settlement Residential (SR) Zone:
a) Abattoirs;
b) Composting Facilities;
c) Fur Farming;
d) Contaminated Soil Facilities;
e) Salvage Yards;
f) Processing facilities handling meat, fish or poultry products;
g) All heavy industrial developments.
SR
-2
SETTLEMENT AREA | MUNICIPAL LAND USE BY-LAW | 83
6.5 Mixed-Use Zone
6.5.1 Permitted Uses and Developments
The following uses are permitted in the Mixed Use (MU) Zone
subject to the specified approval process and standards:
Approval
Process
Min. Front
Yard
Min. Side
Yard
Min. Rear
Yard
Max.
Height of
Structure
Residential
1 – 4 dwelling units on a
lot DP 1.5 m 1.5 m 1.5 m none
5 – 11 dwelling units on
a lot SP 3 m 3 m 3 m none
12 or more dwelling
units on a lot DA
Land lease communities DA
Commercial /
Institutional
Campgrounds and RV
Parks up to 20 sites DP 10 m 10 m 10 m none
Campgrounds and RV
Parks 21 sites or more DA
Golf Courses DA
Marinas DP 5 m 5 m none none
Tourist Accommodations
up to 20 units DP 7.5 m 7.5 m 7.5 m none
Tourist Accommodations
20-50 units SP 7.5 m 7.5 m 7.5 m none
Tourist Accommodations
more than 50 units DA
Recycling Depots DP 5 m 5 m 5.m none
Any other
commercial/institutional
development or
combination of
developments with gross
floor area up to 2000 m2
or which occupies a land
area up to 6000 m2,
whichever is lesser
DP 5 m 5 m 5 m none
Abbreviations:
DP = Development
Permit
SP = Site Plan Approval
DA = Development
Agreement
MU
MU
SETTLEMENT AREA | MUNICIPAL LAND USE BY-LAW | 84
Approval
Process
Min. Front
Yard
Min. Side
Yard
Min. Rear
Yard
Max.
Height of
Structure
Any other
commercial/institutional
development with gross
floor area greater than
2000 m2 or which
occupies a land area
greater than 6000 m2,
whichever is lesser
DA
Light Industrial
Abattoirs less than 2500
m2 SP 10 m 10 m 10 m none
Aggregate processing Permitted subject to the provisions of section 4.2
Aquaculture, including
inland fish farms and
hatcheries
DA
Indoor Cannabis
Production Facilities DP 5 m 5 m 5 m none
Salvage yards less than
2500 m2 SP 10 m 10 m 10 m none
Any other light industrial
development or
combination of
developments with gross
floor area up to 2000 m2
or which occupies a land
area up to 6000 m2,
whichever is lesser
DP 5 m 5 m 5 m none
Any other light industrial
development or
combination of
developments with gross
floor area greater than
2000 m2 or which
occupies a land area
greater than 6000 m2,
whichever is lesser
DA
Other
Outdoor Cannabis
Production Facilities Permitted subject to the provisions of section 4.4
Forestry Processing DP 5 m 5 m 5 m 11m
Waterfront Parks not
owned by the
Municipality
DA
SETTLEMENT AREA | MUNICIPAL LAND USE BY-LAW | 85
6.5.2 Prohibited Uses and Developments
The following uses and developments are prohibited in the Mixed Use
(MU) zone:
a) All heavy industrial developments;
b) Abattoirs over 2500 m2;
c) Composting Facilities;
d) Fur Farming;
e) Contaminated Soil Facilities;
f) Salvage Yards over 2500 m2.
MU
MU
SETTLEMENT AREA | MUNICIPAL LAND USE BY-LAW | 86
6.6 Coastal Island One Zone
6.6.1 Permitted Uses and Developments
The following uses are permitted in the Coastal Island One (CI-1)
zone subject to the specified approval process and standards:
Approval
Process
Min. Front
Yard
Min. Side
Yard
Min. Rear
Yard
Max.
Height of
Structure
Residential
1 dwelling unit on a lot DP 7.5 m 7.5 m 7.5 m 7 m
Home-based Businesses DP Subject to section 6.6.3
Commercial /
Institutional
Aquaculture, including
inland fish farms and
hatcheries
DP 7.5 m 7.5 m 7.5 m 7 m
Campgrounds and RV
Parks up to 20 sites DP 7.5 m 7.5 m 7.5 m 7 m
Tourist Accommodations
up to 20 units DP 7.5 m 7.5 m 7.5 m 7 m
Any commercial/
institutional use or
combination of uses with
a gross floor area less
than 100 m2
DP 7.5 m 7.5 m 7.5 m 7 m
Other
Forestry Processing DP 5 m 5 m 5 m 7m
Waterfront Parks not
owned by the
Municipality
DA
6.6.2 Prohibited Uses and Developments
The following uses and developments are prohibited in the
Coastal Island One (CI-1) zone:
a) All light industrial and heavy industrial developments.
6.6.3 Special Requirements - Home Based Business
A residential dwelling may be used for a home-based business
provided that:
a) the dwelling is occupied as the place of primary residence by
the operator of the business;
Abbreviations:
DP = Development
Permit
SP = Site Plan Approval
DA = Development
Agreement
CI-1
CI
-1
SETTLEMENT AREA | MUNICIPAL LAND USE BY-LAW | 87
b) no more than 25% of the floor area of the main dwelling, or
a maximum of fifty (50) m² of floor area, whichever is less, is
devoted to the business use;
c) home-based businesses shall fall within one of the following:
i) Professional services;
ii) Craft workshops;
iii) Studios for the practice or instruction of fine arts or
crafts.
d) one on-site parking space, in addition to that required for
the dwelling, is provided;
e) Outdoor display associated with the business shall not be
permitted;
f) outdoor storage associated with the business shall be
permitted in the rear yard only and shall be required to be
screened from view by a fence, no less than two (2) m in
height;
g) the external appearance of the building shall not be changed
by the home-based business;
h) signs advertising home-based businesses within the Coastal
Island One zone shall not exceed 0.5 m2.
CI
-1
SETTLEMENT AREA | MUNICIPAL LAND USE BY-LAW | 88
6.7 Coastal Island Two Zone
6.7.1 Permitted Uses and Developments
The following uses are permitted in the Coastal Island Two (CI-2)
zone subject to the specified approval process and standards:
Approval
Process
Min. Front
Yard
Min. Side
Yard
Min. Rear
Yard
Max.
Height of
Structure
Residential
1 dwelling unit on a lot DP 7.5 m 7.5 m 7.5 m 7 m
Home-based Businesses DP Subject to section 6.7.4
Commercial /
Institutional
Aquaculture, including
inland fish farms and
hatcheries
DP 7.5 m 7.5 m 7.5 m 7 m
Campgrounds and RV
Parks up to 20 sites DP 7.5 m 7.5 m 7.5 m 7 m
Tourist Accommodations
up to 20 units DP 7.5 m 7.5 m 7.5 m 7 m
Any commercial/
institutional use or
combination of uses with
a gross floor area less
than 100 m2
DP 7.5 m 7.5 m 7.5 m 7 m
Other
Forestry Processing DP 5 m 5 m 5 m 7m
Waterfront Parks not
owned by the
Municipality
DA
6.7.2 Special Requirements – Lot Area & Shoreline Lot Frontage
All newly created lots within the Coastal Island Two (CI-2) zone
shall conform with the following:
Minimum Lot Area 40000 m2
Minimum Shoreline Lot Frontage 150 m
Abbreviations:
DP = Development
Permit
SP = Site Plan Approval
DA = Development
Agreement
CI-2
CI
-2
SETTLEMENT AREA | MUNICIPAL LAND USE BY-LAW | 89
6.7.3 Prohibited Uses and Developments
The following uses and developments are prohibited in the
Coastal Island Two (CI-2) zone:
a) All light industrial and heavy industrial developments.
6.7.4 Special Requirements - Home Based Business
A residential dwelling may be used for a home-based business
provided that:
a) the dwelling is occupied as the place of primary residence by
the operator of the business;
b) no more than 25% of the floor area of the main dwelling, or
a maximum of fifty (50) m² of floor area, whichever is less, is
devoted to the business use;
c) home-based businesses shall fall within one of the following:
i) Professional services;
ii) Craft workshops;
iii) Studios for the practice or instruction of fine arts or
crafts.
d) one on-site parking space, in addition to that required for
the dwelling, is provided;
e) outdoor display associated with the business shall not be
permitted;
f) outdoor storage associated with the business shall be
permitted in the rear yard only and shall be required to be
screened from view by a fence, no less than two (2) m in
height;
g) the external appearance of the building shall not be changed
by the home-based business;
h) signs advertising home-based businesses within the Coastal
Island Two zone shall not exceed 0.5 m2.
CI
-2
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6.8 Gateway Zone
6.8.1 Permitted Uses and Developments
The following uses are permitted in the Gateway (GW) zone
subject to the specified approval process and standards:
Approval
Process
Max. Front
Yard
Min. Front
Yard
Min. Side
Yard
Min. Rear
Yard
Max.
Height of
Structure
Residential
1 – 4 dwelling units on a
lot DP 1.5 m 1.5 m 1.5 m 15 m
5 – 11 dwelling units on
a lot SP 12.5 m 1.5 m 1.5 m 1.5 m 15 m
12 or more dwelling
units on a lot DA
Land lease communities DA
Commercial /
Institutional
Automobile sales and
service DP 12.5 m 5 m 5 m 5 m 15 m
Animal Hospitals DP 12.5 m 5 m 5 m 5 m 15 m
Beverage Rooms and
Lounges DP 12.5 m none 7.5 m 7.5 m 15 m
Child Care Facilities DP 12.5 m none 5 m 5 m 15 m
Places of entertainment,
recreation, and assembly DP 12.5 m 5 m 10 m 10 m 15 m
Kennels DA
Recycling Depots SP 12.5 m 10 m 10 m 10 m 15 m
Restaurants DP 12.5 m 5 m 10 m 10 m 15 m
Shopping Centres SP 12.5 m 5 m 10 m 10 m 15 m
Golf Courses DA
Tourist Accommodations
up to 50 units SP 12.5 m 5 m 7.5 m 7.5 m 15 m
Tourist Accommodations
more than 50 units DA
Any other
commercial/institutional
development or
combination of
developments with gross
floor area up to 2000 m2
or which occupies a land
area up to 4000 m2,
whichever is lesser
DP 12.5 m 1.5 m 5 m 5 m 15 m
Abbreviations:
DP = Development
Permit
SP = Site Plan Approval
DA = Development
Agreement
GW
GW
SETTLEMENT AREA | MUNICIPAL LAND USE BY-LAW | 91
Approval
Process
Max. Front
Yard
Min. Front
Yard
Min. Side
Yard
Min. Rear
Yard
Max.
Height of
Structure
Any other
commercial/institutional
development or
combination of
developments with gross
floor area greater than
2000 m2 or which
occupies a land area
greater than 4000 m2,
whichever is lesser
SP 12.5 m 5 m 5 m 5 m 15 m
Light Industrial
Any other light industrial
development or
combination of
developments with a
gross floor area less than
1,000 m2 or which
occupies a land area less
than 2000 m2, whichever
is lesser
DP 12.5 m 7.5 m 7.5 m 7.5 m 15 m
Any other light industrial
development or
combination of
developments with a
gross floor area between
1,000 m2 and 2,000 m2 or
which occupies a land
area between 2,000 m2
less than 6000 m2,
whichever is lesser
SP 12.5 m 7.5 m 7.5 m 7.5 m 15 m
Other
Outdoor Cannabis
Production Facilities Permitted subject to the provisions of section 4.4
Forestry Processing DP 5 m 5 m 5 m 15m
Waterfront Parks not
owned by the
Municipality
DA
6.8.2 Prohibited Uses and Developments
The following uses and developments are prohibited in the
Gateway (GW) Zone:
a) Fur farming;
b) Salvage Yards;
GW
SETTLEMENT AREA | MUNICIPAL LAND USE BY-LAW | 92
c) All heavy industrial developments.
6.8.3 Special Requirements – Shipping Containers in areas zoned
Gateway (GW) that abut the Village of Chester Planning
Area
Shipping containers shall be permitted in those Gateway (GW)
Zone areas that abut the Village of Chester Planning Area
boundary subject to the following:
Shipping containers shall:
a) not be used for human habitation;
b) only be used for non-residential purposes;
c) only be allowed as an accessory structure to a permitted
non-residential building;
d) only be used for the storage and shelter of goods;
e) be a minimum of 1.5 m from a rear lot line or side lot line;
f) be set back from the front lot line a minimum of twelve (12)
m or a distance 3.5 m greater than the main building
minimum front yard, whichever is greater;
g) be set back from the flankage lot line a minimum of twelve
(12) m or a distance 3.5 m greater than the main building
minimum flankage yard, whichever is greater;
h) be screened from view on all sides by a minimum 1.8 m high
opaque fence;
i) be limited to one (1) shipping container per lot;
j) be placed so that the narrow end of the shipping container
faces the public street, unless the shipping container is
placed behind a building of equal or greater length than the
long side of the shipping container;
k) be placed at grade; and
l) have no logos, lettering, numbering, decals, or commercial
advertisements attached or affixed to the shipping container.
GW
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7.0 HAMLET AREA
7.1 Application
The provisions of this part shall apply to the Hamlet (HM) zone.
HAMLET AREA | MUNICIPAL LAND USE BY-LAW | 95
7.2 Hamlet Zone
7.2.1 Permitted Uses and Developments
The following uses are permitted in the Hamlet (HM) zone
subject to the specified approval process and standards:
Approval
Process
Min. Front
Yard
Min. Side
Yard
Min. Rear
Yard
Max.
Height of
Structure
Residential
1 – 4 dwelling units on a
lot DP 1.5 m 1.5 m 1.5 m 15 m
5 – 11 dwelling units on
a lot SP 1.5 m 1.5 m 1.5 m 15 m
12 or more dwelling
units on a lot DA
Land lease communities DA
Commercial
Campgrounds and RV
Parks up to 20 sites DP 10 m 10 m 10 m 15 m
Marinas DP none 3 m none 15 m
Tourist Accommodations
up to 20 units DP 10 m 10 m 10 m 15 m
Any other commercial
development or
combination of
developments with gross
floor area less than 100
m2 or which occupies a
land area less than 500
m2, whichever is lesser
DP 5 m 5 m 5 m 15 m
Any other commercial
development or
combination of
developments with gross
floor area between 100
m2 and 500 m2 or which
occupies a land area
between 500 m2 and
2800 m2, whichever is
lesser
SP 5 m 5 m 5 m 15 m
Institutional
Any institutional
development or
combination of
developments with gross
floor area up to 1000 m2
DP 5 m 5 m 5 m 15 m
Abbreviations:
DP = Development
Permit
SP = Site Plan Approval
DA = Development
Agreement
HM
HM
HAMLET AREA | MUNICIPAL LAND USE BY-LAW | 96
Approval
Process
Min. Front
Yard
Min. Side
Yard
Min. Rear
Yard
Max.
Height of
Structure
Any institutional
development or
combination of
developments with a
gross floor area over
1000 m2
SP
Light Industrial
Any other light industrial
development or
combination of
developments not listed
in Section 7.2.2 with a
gross floor area less than
100 m2 or which occupies
a land area less than 500
m2, whichever is lesser
DP 5 m 5 m 5 m 15 m
Any other light industrial
development or
combination of
developments not listed
in Section 7.2.2 with a
gross floor area between
100 m2 and 500 m2 or
which occupies a land
area between 500 m2
and 2800 m2, whichever
is lesser
SP 5 m 5 m 5 m 15 m
Research facilities DP 5 m 5 m 5 m 15 m
Other
Outdoor Cannabis
Production Facilities Permitted subject to the provisions of section 4.4
Waterfront Parks not
owned by the
Municipality
DA
7.2.2 Prohibited Uses and Developments
The following uses and developments are prohibited in the
Hamlet (HM) zone:
a) Fur farming;
b) All heavy industrial developments;
c) Salvage Yards;
d) Abattoirs;
HM
HAMLET AREA | MUNICIPAL LAND USE BY-LAW | 97
e) Composting facilities;
f) Processing facilities handling meat, fish or poultry products.
INDUSTRIAL AND BUSINESS AREA | MUNICIPAL LAND USE BY-LAW | 99
8.0 INDUSTRIAL AND BUSINESS AREA
8.1 Application
The provisions of this part shall apply to the Business Park (BP),
the Kaizer Meadow Industrial (KI) the Kaizer Meadow (KM)
and the Neighbourhood Comprehensive Development
District (NCDD) zones.
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INDUSTRIAL AND BUSINESS AREA | MUNICIPAL LAND USE BY-LAW | 101
8.2 Business Park Zone
8.2.1 Permitted Uses and Developments
The following uses are permitted in the Business Park (BP) zone
subject to the specified approval process and standards:
Approval
Process
Min. Front
Yard
Min. Side
Yard
Min. Rear
Yard
Max.
Height of
Structure
Commercial
Any commercial
development DP 1.5 m 1.5 m 1.5 m none
Light Industrial
Any light industrial
development DP 3 m 3 m 3 m none
Other
Outdoor Cannabis
Production Facilities Permitted subject to the provisions of section 4.4
Forestry processing DP 5 m 5 m 5 m none
Waterfront Parks not
owned by the
Municipality
DA
8.2.2 Prohibited Uses and Developments
The following uses and developments are prohibited in the
Business Park (BP) zone:
a) Any residential use;
b) Campgrounds and RV Parks;
c) Tourist Accommodations;
d) Places of worship and cemeteries;
e) Fur farming;
f) All heavy industrial development.
Abbreviations:
DP = Development
Permit
SP = Site Plan Approval
DA = Development
Agreement
BP
BP
INDUSTRIAL AND BUSINESS AREA | MUNICIPAL LAND USE BY-LAW | 103
8.3 Kaizer Meadow Industrial Zone
8.3.1 Permitted Uses and Developments
The following uses are permitted in the Kaizer Meadow
Industrial (KI) zone subject to the specified approval process and
standards:
Approval
Process
Min. Front
Yard
Min. Side
Yard
Min. Rear
Yard
Max.
Height of
Structure
Light Industrial
Landfills and their
accessory uses none none none none none
Aggregate processing Permitted subject to the provisions of section 4.2
All other light industrial
development DP none none none none
Heavy Industrial
Developments requiring
Environmental
Assessment pursuant to
the Nova Scotia
Environmental
Assessment Regulations
DA
All other heavy industrial
uses DP none none none none
Other
Outdoor Cannabis
Production Facilities Permitted subject to the provisions of section 4.4
Forestry processing DP none none none none
8.3.2 Prohibited Uses and Developments
The following uses and developments are prohibited in the
Kaizer Meadow Industrial (KI) zone:
a) Any residential use;
b) Campgrounds and RV parks;
c) Places of worship and cemeteries;
d) Tourist accommodations;
e) Fur farming.
8.3.3 Special Requirement: Setbacks from Property Lines
Developments shall be set back twenty (20) m from any lot line
that is shared with any property not zoned either Kaizer Meadow
(KM) or Kaizer Meadow Industrial (KI) zones.
Abbreviations:
DP = Development
Permit
SP = Site Plan Approval
DA = Development
Agreement
KI
KI
INDUSTRIAL AND BUSINESS AREA | MUNICIPAL LAND USE BY-LAW | 104
8.3.4 Special Requirement: Watercourse Buffers
All developments shall:
a) place all buildings at least twenty-five (25) m from the edge of
any watercourse, water body or wetland;
b) maintain a buffer of natural vegetation within twenty-five (25) m
of a watercourse, water body, or wetland. Mature woody
vegetation and shrubbery shall remain in place to promote bank
stability and to reduce erosion risk; and existing vegetation
along the water course should remain in place to filter runoff,
promote water quality, protect the aquatic ecosystem, and
provide cover habitat for wildlife. Provision will be made to allow
for removal of diseased or dead vegetation or vegetation which
poses either a health or safety issue.
KI
INDUSTRIAL AND BUSINESS AREA | MUNICIPAL LAND USE BY-LAW | 105
8.4 Kaizer Meadow Zone
8.4.1 Permitted Uses and Developments
The following uses are permitted in the Kaizer Meadow (KM)
zone subject to the specified approval process and standards:
Approval
Process
Min. Front
Yard
Min. Side
Yard
Min. Rear
Yard
Max.
Height of
Structure
Commercial
Campgrounds and RV
parks up to 20 sites DP none none none none
Light Industrial
Abattoirs DP none none none none
Aquaculture, inland fish
farms, and hatcheries DP none none none none
Composting facilities DP none none none none
Landfills DP none none none none
Salvage yards DP none none none none
Solid Waste Facilities
Any other light industrial
development or
combination of
developments with gross
floor area up to 2000 m2
or which occupies a land
area up to 6000 m2,
whichever is lesser
DP none none none none
Any other light industrial
development or
combination of
developments with gross
floor area greater than
2000 m2 or which
occupies a land area
greater than 6000 m2,
whichever is lesser
DA
Other
Outdoor Cannabis
Production Facilities Permitted subject to the provisions of section 4.4
Forestry processing DP none none none none
Recreation and outdoor
activities none none none none none
Abbreviations:
DP = Development
Permit
SP = Site Plan Approval
DA = Development
Agreement
KM
KM
INDUSTRIAL AND BUSINESS AREA | MUNICIPAL LAND USE BY-LAW | 106
8.4.2 Prohibited Uses and Developments
The following uses and developments are prohibited in the
Kaizer Meadow (KM) zone:
a) Any residential use;
b) Places of worship and cemeteries;
c) Tourist accommodations;
d) Fur farming.
8.4.3 Special Requirement: Abutting Zone Setback
Notwithstanding minimum yard requirements shown in section
8.4.1, developments shall be setback twenty-five (25) m from any
lot line that is shared with any lot not zoned either Kaizer
Meadow (KM) or Kaizer Meadow Industrial (KI).
8.4.4 Special Requirement: Watercourse Buffers
All developments shall:
a) Place all buildings at least twenty-five (25) m from the
edge of any watercourse, water body or wetland;
b) Maintain a buffer of natural vegetation within twenty-five
(25) m of a watercourse, water body, or wetland. Mature,
woody vegetation and shrubbery shall remain in place to
promote bank stability and to reduce erosion risk; and
existing vegetation along the water course should remain
in place to filter runoff, promote water quality, protect the
aquatic ecosystem, and provide cover habitat for wildlife.
Provision will be made to allow for removal of diseased or
dead vegetation or vegetation which poses either a health
or safety issue.
8.4.5 Special Requirement: Highway 14 Buffer
Notwithstanding permitted uses listed in section 8.5.1, all land
uses between Highway 14 and where the Kaizer Meadow (KM)
zone meets the Kaizer Meadow Industrial (KI) zone shall be
restricted to recreation and outdoor activities.
KM
INDUSTRIAL AND BUSINESS AREA | MUNICIPAL LAND USE BY-LAW | 107
8.5 Neighbourhood Comprehensive Development District Zone
8.5.1 Permitted Uses and Developments
The following uses are permitted in the Neighbourhood
Comprehensive Development District (NCDD) zone subject to
the specified approval process and standards:
Approval
Process
Min. Front
Yard
Min. Side
Yard
Min. Rear
Yard
Max.
Height of
Structure
Municipal Parks DP none none none none
1 – 2 dwelling units on
an Existing lot in Mill
Cove Park listed below
DP 1.5 m 1.5 m 1.5 m 11 m
Accessory Structures
related to Existing Golf
Courses
DP 5m 5m 5m 11m
All other Developments
& uses in accordance
with an approved
Development agreement
pursuant with the
Municipal Planning
Strategy.
DA
Abbreviations:
DP = Development
Permit
SP = Site Plan Approval
DA = Development
Agreement
NCDD
NC
D
D
INDUSTRIAL AND BUSINESS AREA | MUNICIPAL LAND USE BY-LAW | 108
Existing Lots in Mill Cove Park NCDD Zone
60425048 60670718 60661907 60670593 60670635 60662012
60077799 60670726 60661915 60670601 60670734 60661980
60613452 60662020 60661923 60670619 60670668 60657616
60661568 60670643 60670692 60661998 60670676 60657640
60661550 60661931 60670700 60670627 60670684 60661584
60661543 60661949 60423506 60662004 60657657 60661972
60670650 60657665 60657681 60657673 60657608 60657590
60657632 60657624 60661964 60661956 60661576
ENVIRONMENTAL PROTECTION AREA | MUNICIPAL LAND USE BY-LAW | 109
9.0 ENVIRONMENTAL PROTECTION AREA
9.1 Application
The provisions of this part shall apply to the Protected
Watershed (PW) and Conservation (CS) zones.
ENVIRONMENTAL PROTECTION AREA | MUNICIPAL LAND USE BY-LAW | 110
ENVIRONMENTAL PROTECTION AREA | MUNICIPAL LAND USE BY-LAW | 111
9.2 Protected Watershed Zone
9.2.1 Permitted Uses and Developments
The following uses are permitted in the Protected Watershed
(PW) zone subject to the specified approval process and
standards:
Approval
Process
Min. Front
Yard
Min. Side
Yard
Min. Rear
Yard
Max.
Height of
Structure
Residential
1 dwelling unit on a lot DP 15 m 15 m 15 m 7 m
Institutional
Water supply treatment
and distribution uses none none none none none
9.2.2 Prohibited Uses and Developments
The following uses and developments are prohibited in the
Protected Watershed (PW) zone:
a) All commercial, light industrial and heavy industrial uses;
b) Places of worship and cemeteries.
9.2.3 Special Requirements: Minimum Lot Size & Frontage
All development in the Protected Watershed (PW) zone shall
meet the following requirements:
Minimum
lot area
Minimum
lot
frontage
Maximum
Footprint of
structures
Setback from
a watercourse
or water body
Public Water Utility none none 100 m2 150 m
All other structures
and uses
20000m2 30 m 100 m2 150 m
9.2.4 Special Requirements - Water Protection
a) all new lots created through subdivision approval in the
Protected Watershed (PW) zone shall have lot frontage on a
public street;
Abbreviations:
DP = Development
Permit
SP = Site Plan Approval
DA = Development
Agreement
PW
PW
ENVIRONMENTAL PROTECTION AREA | MUNICIPAL LAND USE BY-LAW | 112
b) in addition to the requirements of Section 3.9.4 of this By-
law, every application for a Development Permit in the
Protected Watershed (PW) zone shall include:
i) a plan prepared by a Professional Engineer showing the
measures to be taken to ensure that all silt,
petrochemical products and other water-borne
contaminants created or deposited during the
development, construction, and subsequent use of all
accesses from the lot to the public street, will be
contained within the lot;
ii) a plan prepared by a qualified professional, namely a
registered forestry professional, showing the measures
that will be taken to ensure that the existing natural
vegetation within 150 m of any watercourse will be
retained in a natural and healthy condition.
c) within the Protected Watershed (PW) zone, no person shall
remove topsoil from a lot;
d) within the Protected Watershed (PW) zone, no person shall
alter land levels to a depth greater than 0.3 m from the
natural ground surface within 150 m of a watercourse;
e) within the Protected Watershed (PW) zone, no person shall
construct a wharf;
f) within the Protected Watershed (PW) zone, no person shall
erect any structure on land having a slope greater than eight
per cent (8%);
g) notwithstanding the requirements of Part 4 of this By-law,
where a main building existed on a lot, no accessory
structure in the Protected Watershed (PW) zone shall be
located closer than 150 m from the water body associated
with the protected watershed.
PW
ENVIRONMENTAL PROTECTION AREA | MUNICIPAL LAND USE BY-LAW | 113
9.3 Conservation Zone
9.3.1 Permitted Uses and Developments
The following uses are permitted in the Conservation (CS) zone
subject to the specified approval process and standards:
Approval
Process
Min. Front
Yard
Min. Side
Yard
Min. Rear
Yard
Max.
Height of
Structure
Institutional
Municipally owned or
installed structures
related to the provision
of Municipal services or
recreation use
DP 10 m 10 m 10 m 7 m
Temporary structures
intended for research
and education, or the
preservation, protection,
or improvement of the
natural environment
DP 15 m 15 m 15 m 7 m
9.3.2 Prohibited Uses and Developments
The following uses and developments are prohibited in the
Conservation (CS) zone:
a) permanent structures that are not owned or installed by the
Municipality;
b) all residential, commercial, light industrial and heavy
industrial uses.
Abbreviations:
DP = Development
Permit
SP = Site Plan Approval
DA = Development
Agreement
CS
CS
ENVIRONMENTAL PROTECTION AREA | MUNICIPAL LAND USE BY-LAW | 114
9.4 Lakeside Zone
9.4.1 Lakeside Zone
In addition to the underlying zone requirements, the Lakefront
overlay criteria shall apply to all development.
9.4.2 Permitted Uses and Developments
The following uses are permitted in the Lakeside (LS) zone
subject to the specific approval process and standards:
Approval
Process
Min. Front
Yard
Min. Side
Yard
Min. Rear
Yard
Max.
Height of
Structure
Residential
1-2 dwelling units on a
lot DP 3 m 3 m 3 m 11 m
Home-based Business DP Subject to section 9.4.6
Other
Forestry Processing DP Subject to section 9.4.7
Farm Animals DP Subject to section 9.4.8
Sherbrooke Lake United
Church Camp (PID 60113842) DP 5m 5m 5m 11m
Waterfront Parks not
owned by the Municipality DA
9.4.3 Prohibited Uses and Developments
The following uses and developments are prohibited
in the Lakeside (LS) zone.
a) all light and heavy industrial uses;
b) commercial uses.
9.4.4 Special Requirement: Vegetated Buffers
Within the Lakeside (LS) zone a vegetated buffer area is
required to lessen the impact of surface and subsurface
runoff on water quality. Vegetated buffers reduce
sedimentation and help protect property from erosion.
Within the Lakeside (LS) Zone, the following requirements
apply;
Abbreviations:
DP = Development
Permit
SP = Site Plan Approval
DA = Development
Agreement
LS
LS
ENVIRONMENTAL PROTECTION AREA | MUNICIPAL LAND USE BY-LAW | 115
a) property owners shall retain natural vegetation within 10 m of the
ordinary high-water mark in an undisturbed state, thereby creating
a vegetated buffer area between the lake and the developed area
of the lot.
b) within the vegetated buffer area, development is prohibited except
for docks and one accessory structure;
c) within the vegetated buffer area, clearing of vegetation including
accessory structures is permitted, to a maximum of 30% of the
vegetated buffer area. The purpose of this clearing is to allow
filtered views and access to the lake;
d) where no dwelling exists, prior to receiving a development permit,
a vegetated buffer must be reinstated with a mix of woody &
grassy vegetation;
e) the maximum width of any pathway, clearing or access to the
water shall be 4.5 m;
f) within the vegetated buffer area, property owners shall retain and
preserve trees with a caliper of 13 cm or larger. This provision shall
not apply within a pathway or lake access as described in 9.4.4 e);
g) within the vegetated buffer area, excavation and infill is prohibited,
except that a maximum of 0.6 m may be excavated or infilled as
required to construct an accessory structure or dock, in no cases
shall infill or excavation extend beyond the ordinary high-water
mark;
h) notwithstanding the preceding regulations, nothing shall prevent
the removal of dangerous or significantly diseased vegetation.
9.4.5 Special Requirements: Minimum Lot Size
All newly created lots within the Lakeside (LS) zone shall have a
minimum lot area of 0.4 hectares.
9.4.6 Special Requirements: Home Based Business
A lot with a residential dwelling may be used for a home-based
business provided that:
a) a maximum of thirty (30)m2 of the floor area, is devoted to
the business use;
b) home-based businesses shall fall within one of the
following:
i) Professional services;
ii) Home office & Sales uses that do not host, intake or
receive clients on-site;
iii) Craft workshops;
ENVIRONMENTAL PROTECTION AREA | MUNICIPAL LAND USE BY-LAW | 116
iv) Studios for the practice of instruction of fine arts or
Crafts;
v) Rental of cottage or one (1) RV on a lot that has a
dwelling.
c) one-on-site parking space, in addition to that required for
a dwelling is provided;
d) outdoor display associated with the business shall only be
permitted during the business hours of operation;
e) the external appearance of the building shall not be
changed by the home-based business;
f) signs advertising home-based businesses within the
Lakeside (LS) zone shall not exceed 0.5m2
9.4.7 Special Requirement: Forestry Processing
In the Lakeside (LS) zone the following setbacks shall apply:
a) require a maximum of 11 m height of related structures;
b) require a minimum setback of 20 m from a waterbody or
watercourse, or the provincial requirement in compliance
with the Forests Act., whichever is greater;
c) require a minimum of 5 m setback from all other property
boundaries.
9.4.8 Special Requirement: Farm Animals
In the Lakeside (LS) zone:
a) any lot used for the rearing, breeding, boarding, sheltering
or keeping of a farm animal or farm animals that
constitutes one (1) or more farm animal units shall have an
area no less than 3716 m2 for the first farm animal unit, and
an additional 1858 m2 for each addition farm animal unit.
b) no person shall keep any farm animal or farm animals,
including fenced areas, within thirty (30) m of the ordinary
high-water mark, dug well or watercourse.
c) any lot used for the rearing or keeping of a farm animal or
farm animals, the following separation from lot boundaries
shall apply;
ENVIRONMENTAL PROTECTION AREA | MUNICIPAL LAND USE BY-LAW | 117
Land Use
Minimum Distance From Property
Boundary
Manure and used bedding storage 15 m
Building or sheltering 5 or fewer
Farm Animal Units 15 m
Building or sheltering more than 5
Farm Animal Units 60 m
9.4.9 Special Requirement: Habitation of Vehicles
Within the Lakeside (LS) zone, no automobile, truck, bus, coach,
rail car, recreational vehicle or other vehicle, or part thereof, with
or without wheels, shall be used for human habitation, except that
a recreational vehicle may be used subject to the following:
a) has received a development permit and met all
requirements of this Section:
b) is limited to one (1) recreational vehicle on a lot which
contains a dwelling unit;
c) is limited to two (2) recreational vehicles on a lot which
contains no dwelling units;
d) meets all minimum yard requirements for residential uses
in the zone in which it is located;
e) conforms with the vegetated buffer area requirements
listed in 9.4.4.
9.4.10 Special Requirement: Short-Term Habitation of Vehicles
Notwithstanding 9.4.9, nothing shall prevent the temporary
habitation of recreational vehicles within the Lakeside (LS) zone,
up to a maximum of fourteen days in any calendar year without
the requirement for a temporary development permit or a
development permit.
9.4.11 Special Requirement: Storage in Vehicles
No automobile, truck, bus, coach, streetcar, recreational vehicle,
camper or other motor vehicle or part thereof, with or without
wheels, no mobile home, container, shall be used for the storage
or shelter of goods of any description.
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10.0 SIGNS
10.1 General regulations for all signs
10.1.1 These regulations apply to signs which advertise a land use that
requires a development permit.
10.1.2 Unless otherwise permitted, no sign shall project over a public
right-of-way without written approval from the authority having
jurisdiction.
10.2 Signs prohibited in all zones
All other provisions of this By-law notwithstanding, the following
signs shall not be erected or used in any zone:
a) signs which constitute a hazard to public safety or health;
b) signs which by reason of size, location, content, colouring, or
manner of illumination obstruct the vision of drivers or
obstruct the effectiveness of any traffic sign or traffic control
device on public streets;
c) signs which obstruct the use of a fire escape door, windows,
or other required exit;
d) signs painted upon a cliff, or other natural object.
10.3 Signs for which no development permit is required
All other provisions of this By-law notwithstanding, the following
signs are permitted in all zones, without any requirement for a
development permit:
a) signs identifying name, address and occupation of resident,
and of not more than 0.5 m2 in sign area;
b) "No trespassing" signs or other such signs regulating the use
of a property, and of not more than 0.5 m2 in sign area;
c) real estate signs not exceeding 0.5 m2, which advertise the
sale, rental or lease of the premises;
d) signs regulating or denoting on-premises traffic, or parking
or other signs denoting the direction or function of various
parts of a building or premises provided that such signs are
less than 0.5 m2 in area;
e) signs erected by a government body, or under the direction
or authority of such a body, and bearing no commercial
advertising, such as traffic signs, railroad crossing signs,
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safety signs, signs identifying public schools, and public
election lists;
f) memorial signs or tablets and signs denoting the historical
significance and date of erection of a structure;
g) the flag, pennant, or insignia of any government, or of any
charitable, religious or fraternal organization;
h) a sign having an area of not more than six (6) m2 incidental
to construction and located on the same site as the building
under construction. Such signs shall not remain in place for
more than sixty (60) days following completion of
construction;
i) any portable sign;
j) any banner sign;
k) indoor signs which are erected within a building, including
window signs;
l) signs permanently attached to a building which bear the
name or civic number of the building;
m) campaign signs during an election or plebiscite in the area in
which the sign is located if the sign complies with the laws
governing the election or plebiscite.
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10.4 Single-Premise Ground Signs
In all zones single premise ground signs shall:
a) not exceed a sign face area of six (6) m2 per side;
b) not exceed a maximum sign height of five (5) m;
c) be set back at least two (2) m from any property line.
10.5 Multiple-Premise Ground Signs
In all zones multiple premise ground signs shall:
a) not exceed a sign face area of twelve (12) m2 per side;
b) not exceed a maximum sign height of seven (7) m;
c) be set back at least two (2) m from any property line.
10.6 Wall Signs
In all zones wall signs shall only be permitted within the wall
sign area of a building and the total area covered by all wall
signs shall not exceed 20% of the wall sign area of the building
to which the sign is affixed.
10.7 Projecting Wall Signs
In all zones, projecting wall signs shall:
a) not exceed a maximum sign face area of 1.5 m2 per side;
b) not project more than 1.5 m from the wall to which it is
affixed;
c) be installed no less than three (3) m above established
grade;
d) include the installation of a suitable catch, chain or other
swing control device.