HomeMy WebLinkAboutCBRM_LUB_to Sept 2023 (2) • AM
TABLE OF CONTENTS
Chapter 1. Tiltle,, Scope,, and Interpretation 6
1.11. Title 7
1.2. Scope 7
1.3. Authority 7
1.4. Interpretation 7
1.5. Severability 9
1.6. Repeal 9
Chapter 2. Administration 10
2.1. Administration of the Land Use By-law 11
2.2. Administrative Area 11
2.3. By-l�aw Applicability 11
2.4. Enforcement 11
2.5. Zones 11
2.6. Zone Boundaries 13
2.7. Properties Affected by More than One Zone 1 3
2.8. Existing Developments 1B
2.9. Existing Development Agreements 17
2.10. Uses 20
2.11. Development Permit Approvals 21
2.12. Variances 22
2.13. Site Plan Approval 23
Chapter 3. Definitions 25
Chapter 4. General Provisions 51
4.1. Accessory Buildings and Structures 52
4.2. Accessory Dwelling Units 53
4.3. Agricultural Animals in Residential Zones, 54
4.4. Day Care Facility 54
4.5. Encroachments and Projections 54
4.6. Keeping of Fishery Equipment 55
4.7. Height Exceptions 55
4.8. Home Based Businesses 55
4.9. Irregular and Flag Lots ?
4.10. Frontage on a Street/RoaD 57
4.11. Landl-ocked Parcels 58
4.12. Landscaping 58
4.13. Landscaping and Stormwater management Plans for Large
Developments 58
4.14,. More Than One Use on a Lot 58
4.15. Medical ClinicS 5,9
4.16. Long term care facilities 60
4.17. Outdoor Storage 61
4.18. Parking and Loading 61
4.19. Secondary Suites, 63
4.20. Severed Parcels 64
4.21. Shared Driveways, 64
4.22. Signs 64
4.23. Solar Collectors 7'0
4.24. Supportive Housing 71
4.25. Temporary Activities 72
4.26. Use of a Former community, educational service, or
municipal buildings Facility 72
4.27. Unserviced Developments 73
4.28. Utilities 73
4.29. Vehicle Bodies 73
4.30. Vendors Subject to the Vendors By-law 73
4.31. Wind Turbines 74
Chapter 5. Residential Zones 75
5.0. Residential use Summary Table 7,6
5.1. One and Twol- nit Urban Residential 77
5.2. Low Density Urban Residential 79
5.3. Meduim Density Urban Residential 82
5.4. �High Density Urban Residential 85
5.5. One and Two Unit Rural Residential 88
5.6. Mobile Home Park 90
5.7. Small Community(R7) 92
Chapter 6. Commercial Zones 95
6.0. Commercial Uses Summary Table 96
6.1. Downtown Regional Centre ZONE 918
6.2,. Downtown Commercial 100
6.3. Mixed-Us,e Zone 10,2
6.4. Regional Commercial 104
6.5. General Commercial 106
6.6. MIxed-Use Corridor 108
63. business park 110
Chapter 7. Industrilal Zones 112
7.0. Industrial Uses Summary Table 11 3
7.11. Light Industrial 114
7.2. Heavy Inclustrial 116
7.3. Utility and Transportation 118
Chapter 8. Communilty IIIA 120
8.1�. Major Community Facility 121
Chapter 9. Other Zones 123
9.1�. Rural 124
9.2. Environmental Protection Zone 1127
9.3. Floodplain Overlay 1 28
9.4. Waterfront Overlay 130
nnmmi(i tt dti 4 titt1S tlM 4 iS C�'
�YY
1.1. TITLE
This By-law shall be cited as the Cape Breton Regional Municipality Land Use By-law. It
may also be cited as the Land Use By-law. The Cape Breton Regional Municipality may
be referred to in the Land Use By-law as the Municipality.
1.2, SCOPE
The Land Use By-law applies to all lands within the Municipality. The purpose of the
Land Use By-law is to facilitate the orderly development and use of land within the
Municipality. The Land Use By-law:
a) Divides the Municipality into zones;
b) Prescribes the purposes for which land, buildings, and structures may be used;
c) Regulates the standards by which land use, including the placement, erection,
alteration, and use of buildings and structures shall conform;
d) Prohibits the use, placement, erection, and alteration of land, buildings, and
structures other than in conformity with the standards described in (c);
e) Provides a method of decision making for Development Permits, site plan
approval, and development agreements.
1.3. AUTHORITY
The Municipal GovemmentAct(the Act) provides the Municipality with the authority to
administer the Land Use By-law. The Land Use By-law shall be consistent with the
Municipal Planning Strategy and the Act. In the case of a discrepancy between the
documents, the higher prevails.
1,4. INTERPRETATION
The interpretation of the Land Use By-law shall be consistent with the following:
In this By-law,
a) the word llexistingif shall mean lawfully in existence previous to the coming into
effect of this Land Use By-law;
b) the word "shall" indicates mandatory compliance;
c) the word "may" indicates optional or discretionary compliance;
d) words shall be read with all changes of gender or number required by context
e) words otherwise not defined, shall have the meaning assigned to them in the
Chapter 1. 7
Title,, Scope,, and Interpretation
Act or, where not defined in the Act or this Land Use By-law, have their regular
meaning.
""I 1A.2., 1�nterpretatian of NAeasuremeats
In this By-law:
a) Numerical requirements in this By-law are provided in metric units of
measurement.
b) A numerical requirement shall be determined by measuring the closest distance
in a straight line made along a horizontal plane and not by following the
topography or slope of the land except as otherwise provided by this By-law.
c) Where the calculation of a numerical requirement results in a fraction:
i. A fraction of less than one-half shall not be taken into consideration; and
ii. A fraction of one-half or more shall require rounding to the next higher full
number.
egiatiIIIA and Byd�aws
In this By-law:
a) Reference to the Municipal Government Actor any other Provincial or Federal Act
shall be interpreted as being the most current version of the applicable statute.
b) Each reference to a Cape Breton Regional Municipality By-law shall be
interpreted as being the most current version of the By-law and is considered to
include any applicable amendments.
c) The requirements contained herein are in addition to any other requirements
provided by any other by-laws or legislation.
1�nterpretatian of [Ieadi�ngs and Dt��ier Sectians
In this By-law:
a) Headings, subheadings, captions, and chapter names are provided for
convenience of reference and shall have no bearing on interpretation;
b) Each zone contains information about the intended application of the zone and
general intent from the Municipal Planning Strategy. This information is
provided for convenience and shall have no bearing on interpretation;
c) Any diagram, photo, or graphic is provided for illustrative purposes and shall
have no bearing on interpretation of any provision.
Chapter 1. 8
Title,, Scope,, and Interpretation
1.5. SEVERABILITY
If any provision of the By-law is declared by a court or tribunal of competent jurisdiction
to be invalid, that ruling shall not affect the validity of any other provision herein, nor of
the By-law as a whole.
1.6. REPEAL
The Cape Breton Regional Municipality Land Use By-laws, originally adopted in 2004,
and the North End Sydney Secondary Land Use By-law, originally adopted 2006, are
hereby repealed.
Chapter 1. g
Title, Scope, and Interpretation
...........
...................
0
...............
... ...........
............. .............. ..
min 'i " ra
............
........... ..................... ..............
...................-- ----------
Ac
.............
..........
...........
.....................
.............
m Mai;,
........
..........I
.. . ......
.........
............
mog.
.........................
... .......
oil
All
..........
..........
...........
...........
..............
..............
..............
...........
................... ...........
............
... ..............
............
...........
Ja
mew
................. .............
................... ........
.... ---—-----
......................
..............
...........
.........................
.........................
............... ...................
...........................
ll�.................
......... .......
...... ... ... .....
.......... .....................................................................
.........
pop
... .......
--—-----------------------------------
.... ...... "I'll"...........
...............
..............
//. .............
......................
............................
............................
........................
........................
........................
............................
............................
............................
............
.............
..........",/////////
...............
2.1. ADMINISTRATION OF THE LAND USE BY-LAW
a) The Land Use By-law is administered by the Development Officer and their
delegates. The Development Officer is appointed by Council.
b) Under the Act, the Development Officer or their delegate, is authorized to enter into
or upon any property within the Municipality for the purposes of carrying out
inspections.
c) The Municipality, under the authority provided by the Act, may act to remedy a
contravention to the provisions of the Land Use By-law.
d) Nothing in this By-law shall exempt any person from complying with the Building By-
law, or from obtaining any license, permission, permit, authority or approval
required by any other By-law or regulations in effect in this Municipality.
e) Where the provisions in this By-law conflict with those of any other municipal or
provincial requirements, including the Municipal Planning Strategy, the municipal or
provincial requirements or Municipal Planning Strategy shall prevail.
2.2. ADMINISTRATIVE AREA
The Land Use By-law applies to the geographical area knowns as the Municipal Boundary
of the Cape Breton Regional Municipality. The area within the boundary of the Municipality
is divided into zones as shown on the Zoning Map in Schedule A.
2.3. BY-LAW APPLICABILITY
No person shall use any land or place, erect, alter, or use any building or structure within
the Municipality except in accordance with the provisions of the Land Use By-law.
2.4. ENFORCEMENT
The Municipality may, under authority of Section 266 of the Municipal Government Act,
pursue action when a development is found to be in contravention of this By-law.
2.5. ZONES
The following table describes the zones and corresponding symbols found on the Zoning
Map in Schedule A.
Chapter 2. 11
Administration
Zone Symbol
..........................
...............
One and Two Unit Urban Residential UR1
Low Density Urban Residential U R2
Medium Density Urban Residential U R3
High Density Urban Residential UR4
One and Two Unit Rural Residential RR5
Mobile Home Park R6
Small Community R7
M I
Downtown Regional Centre CRC
Downtown Commercial CD
Regional Commercial CR
Mixed Use MU
Mixed Use Corridor MUC
Business Park BP
General Commercial GC
MEN=
Utility and Transportation UT
Light Industrial Ll
Heavy Industrial Hl
M i
Major Community Facility IG
Rural R
Environmental Protection EP
Flood Plain Overlay FPO
I Waterfront Overlay WO
Chapter 2. 12
Administration
2.6. ZONE BOUNDARIES
a) Where a zone boundary follows a lot line, that lot line is the zone boundary;
b) Where a zone boundary follows the sideline of a highway, road, lane, or street,
such sideline is the zone boundary;
c) Where a zone boundary follows a transmission right-of-way, rail right-of-way, or
watercourse, the centre of that feature is the zone boundary;
d) Where a zone boundary follows the Municipal boundary, the Municipal boundary
is the zone boundary;
e) Should any feature described in this Section cease to exist, the centre of the
former feature is the zone boundary;
f) Where a water lot exists, the zone category in effect for such lots shall be the zone
category immediately adjacent;
g) Where none of the above applies, the zone boundary is determined by measuring
the Zoning Map in Schedule A directly.
2.7. PROPERTIES AFFECTED BY MORE THAN ONE ZONE
Where a lot is within more than one zone, the provisions of each zone shall be applied to
the corresponding areas of the lot.
2.8, EXISTING DEVELOPMENTS
2.8.1 . Land and Uses Deemed Permitted
Any existing development that:
• Is not included as a permitted use in the zone in which it is located; or
• Does not meet the standards of the zone in which it is located; or
• Is not listed as a use permitted in all zones in Section; or
• Does not comply with any other relevant Section of the By-law
Is deemed to be permitted, so long as it complies with the following:
a) The assessment category is consistent with the development at the subject site and
has been since the adoption of this By-law; or
Chapter 2. 13
Administration
b) The development was existing as defined by this By-law and was established prior
to the adoption of this By-law; and
c) The development is not listed as part of Section 2.8.5
2.8.2. Expiii siiii of a UseDeemed Permitted
a) A Use Deemed Permitted under Section 2.8.1 may be expanded if the proposed
expansion:
i. Will equal less than a 10% increase in the gross floor area of the existing
building; and
ii. Will result in less than a 10% increase in the area occupied by outdoor
storage, outdoor display, the parking area, and any other land use on the
subject site.
b) Expansions of a Use Deemed Permitted may extend onto adjacent lot parcels
provided the lot parcels are consolidated.
c) A Use Deemed Permitted under Section 2.8.1, that is proposed to be expanded in
excess of the provisions described in (a), may be permitted, subject to the Site Plan
Approval provisions described in Section 2.8.4.
2.8,3. ange of Use to ShmH�ar ar Camparativ&�y I�anocuous Use
A change of use to a similar or comparatively innocuous use shall be permitted if no
expansion is proposed.
a) Any existing development deemed not to be a permitted use may only be changed
to a similarly innocuous use subject to the Site Plan Approval provisions described
in Section 2.8.4.
b) A change in use is not comparatively innocuous if the proposed change of use:
i. increases the scale of the use;
ii. increases traffic generated;
i i i. introduces outdoor storage or display or increases the area used for outdoor
storage or display; or
iv. introduces noise generating equipment or increases the use of noise
generating equipment.
c) Measures that could be taken to make a change in use relatively innocuous in
comparison to the former use of the subject site may include:
Chapter 2. 14
Administration
i. Improvements to the facade of any main or accessory buildings;
ii. Improvements to the front yard of the lot parcel affected;
i i i. A reduction in the scale of the use;
iv. A reduction in the traffic generated;
V. Introduction of landscaping into the site plan or expansion of the landscaped
area of the lot parcel affected;
vi. Eliminating or reducing outdoor storage or display;
vii. Introducing or improving screening of potentially unsightly or obnoxious
aspects of the previous or proposed use; or
viii. Eliminating or reducing noise generating equipment.
2.8.4. SiteR�an Appi iiia ovisiiiia s far Uses Deemed Permitted
The Development Officer shall approve a site plan that complies with the following:
a) Any new or expanded parking area or utility structure shall be screened from any
dwellings on adjacent lot parcels or lot parcels directly across the public street/road.
Screening may consist of:
i. Vegetation in the form of groundcover, bushes, shrubs, hedges or trees;
ii. Fencing of a design and material complimentary to the surrounding
streetscape; or
i i i. A combination of(i) and (ii).
b) All existing significant vegetation shall be retained except where its removal is
necessary for the construction or expansion of the development.
c) A lot grading plan or stormwater management plan, depending on the scale of the
proposed expansion, shall be required at the discretion of the Development Officer.
A site plan shall convey how storm and surface water will be disposed.
d) Any new or expanded buildings shall be located so as to minimize impact on
dwellings located on adjacent lots.
e) Signs advertising the business shall be of a scale, style, and so located so as to not
conflict with the streetscape.
f) Access to and from a public street shall be designed to not exacerbate known traffic
problems.
g) Landscaping shall be use to integrate the development into the surrounding
streetscape.
Chapter 2. 15
Administration
2.8.5. Existing Uses Deemed not to be Permitted
The following uses are deemed not to be permitted incompliance with this By-law:
Recycling facility using outdoor storage 75 Pitt Street, Sydney Mines 15629306
Heavy equipment depot and operational 283 Dominion Street 15454903
yard
Heavy equipment depot and operational 245 Dominion Street, Glace 15454511
yard Bay
Heavy equipment depot Westmount Road 15009343
Electrical and mechanical contractor 5 Pero Street, Sydney Mines 15165632
Motor vehicle repair 103 Ferris Street, Sydney 15137672
Propane fuel storage and distribution 106 Gannon Road 15697303
terminal
Metal Fabrication 42 Reserve Street, Glace Bay 15399918
........................
2.8.6. Existing Undersized 111111111111"Ots
For the purpose of issuing a Development Permit, an existing lot having less than the
minimum frontage or area dimensions required under this Bylaw:
a) May not be further reduced as a result of any subdivision unless otherwise indicated
in this Bylaw;
b) May be used for a purpose permitted in that particular zone provided all other
applicable provisions of this Bylaw are satisfied;
c) May be increased in area and still remain an existing undersized lot; and
d) Shall be subject to all other applicable provisions under this Bylaw.
2.8.7. Existing Buildings a n d Non-compliance wit I....o t Zone Standards
Where an existing main building on a lot parcel having less than the minimum:
• frontage; and/or
• setback from any lot parcel boundary; and/or
• lot parcel area;
Chapter 2. 16
Administration
required by this Bylaw, the building may be:
• enlarged;
• reconstructed;
• repaired; or
• renovated;
provided that:
• the enlargement, reconstruction, repair or renovation does not further reduce the
building setback that does not conform to this Bylaw;
• all other provisions of this Bylaw are met.
2.9. EXISTING DEVELOPMENT AGREEMENTS
The Development Agreements listed below were entered into by this Municipality, or one
of the predecessor municipalities, prior to the adoption of this Land Use By-law and are to
remain in effect. The site affected also will be highlighted on the Land Use By-law Map.
001084
PID# 15198393
Upper Leitches Creek Road, Upper Leitches Creek
Outdoor shooting range
001067
PID# 15889330
52 Nepean Street, Sydney
Microbrewery cidery and a cidery tasting room
001001
PID# 15852478
605 Grand Mira Gabarus Road, Gabarus Lake
Portable asphalt plant
G-1 50-B
PID# 15036080
1696/1698 Kings Road, Sydney River
Chapter 2. 17
Administration
Heavy equipment operational yard
G-218
PID# 15103393 15103401
1078 George Street, Sydney
Well drilling business
G-265
PID# 15086945
81 Brookland Street, Sydney
Recycling facility using outdoor storage
G-712
PID# 15681588
165 Peppett Street, North Sydney
Personal service business, apartments up to a maximum of 3 units
G-738
PID# 151 73842
89 King Street, Sydney Mines
Graphic design studio
G-816
PID# 15041973 15788946
No civic address assigned
Construction contractor
G-831
PID# 15086390
321 Townsend Street, Sydney
Law office
G-832
PID# 15425069
24 Wadman Street, Glace Bay
Boat and fishery equipment storage building
G-836
PID# 15408842
60 Bell Street, Glace Bay
Fish processing plant
Chapter 2. 18
G-844
PID# 15285679
14 Cameron Estates, Mira Road
Apartment building
G-851
PID# 15022668
47 Peppett Street, North Sydney
Commercial dance studio
G-885
PID# 15689185
1320 Keltic Drive, Balls Creek
Motor vehicle repair
G-888
PID# 15074966 15074958 15076631 15699135 15699143
554 Alexandra Street, Sydney
Funeral home
G-890
PID# 15084155
7 Cromarty Street, Sydney
Architect's office
G-891
PID# 151407 18
Hankard Street, Sydney
Paving contractor depot
G-895
PID# 15104797
1166 George Street, Sydney
Apartment buildings
G-896
PID# 15366941
68 Mira Bay Road, Mira Gut
Canteen
Chapter 2. 19
G-899
PID# 15413131
191 Brookside Street, Glace Bay
Taxi dispatch depot
G-949
PID# 15023765
14 Union Street, North Sydney
Heavy equipment depot. This replaces the discharged G-NSY-1 7 Development
Agreement
G-UNKNOWN
PID# 15045347
2145 Kings Road, Howie Center
Silkscreening business
G-UNKNOWN
PID# 15141658, 15141666 and 15141872
166 Lingan Road, Sydney
Welding shop and motor vehicle repair etc. There is an original Development Agreement
and a supplementary Development Agreement
2.10. USES
2Q 10&1 . Permitted Uses
If a use is not listed as a permitted, secondary, or accessory use or described as a use
permitted through Development Agreement or Site Plan Approval in a particular zone, it is
thereby deemed to be prohibited.
2 ,"i 0.2. Accessary Uses
Where this By-law provides that any land may be used, or that a building or structure may
be erected or used for a purpose, the purpose is deemed to include any use accessory or
ancillary thereto, subject to the requirements of that zone.
2 ,"i 0.1 LJ s e iii iii a iiia b e
Where this By-law provides a Land Use Summary table within each Zone Chapter, any
discrepancy exists between what is stated as a use in each zone section and the use
summary table, the uses within each zone prevails.
Chapter 2. 20
Administration
2,11 , DEVELOPMENT PERMIT APPROVALS
2.11 .1 . Dev&biii miii t Permit
No person shall:
a) Undertake a development within the Municipality without first obtaining a
Development Permit from the Development Officer;
b) The Development Officer shall issue Development Permits for development that is
in conformity with the Land Use By-law;
c) Notwithstanding (b), the Development Officer shall issue a Development Permit in
conformity with the Act when a variance is granted or in the case of a
nonconforming use or structure.
d) Notwithstanding (a), the following development may be undertaken without a
Development Permit:
i. An alteration to the interior of a structure that does not result in a change of
the use;
ii. An alteration to the exterior of a structure that does not alter the gross floor
area or change the dimensions of the structure;
i i i. Signs smaller than .2 square metres in sign face areas; size
iv. A change of copy on a sign;
V. Any accessory building with a maximum floor area of 9.29 square metres or
less, provided all other requirements of this By-law are met. However,
accessory building less than 9.29 metres will be used in the lot occupancy
requirements
vi. Temporary structures, including construction trailers or those associated
with a community event, erected for a period of time not exceeding 90 days;
vii. The storage of a recreational vehicle or recreational equipment pursuant to
the requirements of Section 4.29
viii. A stormwater management pond;
ix. Fences
2 .2. Dev&bpmiii t Permit Duratiiii
A Development Permit shall expire within one year from the date issued if the
development has not commenced.
2 .1 [Revdkhng of Dev&bpment Permit
a) In the case where a Development Permit was issued in error by means of inaccurate
or insufficient information submitted as part of an application, the Development
Chapter 2. 21
Administration
Officer may revoke a Development Permit.
b) In the case where the development undertaken does not conform to the scope
approved by the permit, the Development Officer may revoke a Development
Permit.
2,.11 . www xtentiIIIA of Dev&bpment Permit
The Development Officer may extend a Development Permit for one additional year if:
a) The applicant has not previously applied for the Development Permit to be
extended;
b) The proposed development meets the provisions of the Land Use By-law; and
c) The appropriate fees have been paid.
2,. i c a t i IIID I'R e q uIIII IIr e IIm e IIIDt s
Development Permit Applications shall include:
a) A description of the proposed use;
b) The signature of the registered owner of the land and their authorized agent, if
applicable;
c) A site plan, drawn to scale and including:
i. the dimensions of the lot(s);
ii. the dimensions and location of any existing structure(s);
i i i. the dimensions and location of any proposed structure(s);
iv. the dimensions and location of any features such as parking stalls, loading
areas, landscaped areas, lighting fixtures, signs, accesses included driveways,
garbage enclosures;
V. the distance of any existing or proposed structure from the parcel boundary
(see definition for setback)
d) The application fee;
e) Any other information required by the Land Use By-law or determined to be
necessary by the Development Officer to supporta decision.
2,,12,, VARIANCES
2IIment OfficerVariances
a) The Development Officer may in accordance with Subsection 235(1) of the Municipal
GovemmentAct, grant a variance for the following:
Chapter 2. 22
Administration
i. percentage of land that may be built upon;
ii. size or other requirements relating to yard setbacks;
iii. lot frontage;
iv. lot area; and
v. height of a structure.
b) In addition to the requirements outlined in Section 2.11, applications for a Variance
shall include:
i. any supporting information necessary to explain the rationale for the
requested variance and the reasoning why the conditions prescribed by the
zone standards or General Provisions of the By-law cannot be met; and
ii. the application fee.
c) In accordance with the Municipal GovemmentAct,, the Development Officer shall not
grant a variance if:
i. The variance violates the intent of the Land Use By-law;
ii. The difficulty experienced is general to properties in the area; or
i i i. The difficult experienced results from an intentional disregard for the
requirements of this Land Use By-law.
2,13. SITE PLAN APPROVAL
Uses subject to Site Plan Approval are identified in the General Provision Part of this By-law
or are listed in the permitted use tables at the beginning of each zone section.
2 3.1 Site in Appi 1"Requiiiia iii miii
ts
An application for Site Plan Approval shall meet the following requirements:
a) The application shall include any supporting information necessary to explain the
rationale for the request;
b) The application shall be accompanied by the application fee; and
c) The application shall meet the appropriate conditions prescribed by the zone.
d) The Development Officer shall notify assessed owners of properties within 30
metres of the proposed subject site of:
i. Their decision to approve the development; and
ii. To allow them to provide feedback on the proposed site plan.
Chapter 2. 23
Administration
2,. 3.2. SiteR�an Appi iiia ovisiiiia
s
a) Unless otherwise indicated in this Bylaw, the Development Officer shall approve a
site plan where the following matters have been addressed. The Development
Officer shall measure the degree of stringency in interpreting the criteria so that it
correlates with the scale of the development and each and every feature of the
development (e.g. buildings, parking area etc.), and the proximity of the
development, or any specific feature of it, to any other development or streetscape
intended to be protected by the criteria.
i. Parking shall be provided on the lot parcel and shall be screened from abutting
residential uses by an opaque vegetive buffer or vegetation or a combination
thereof;
ii. All existing vegetation shall be retained except where its removal is necessary
for the construction of the development;
i i i. Signs advertising any business shall be of a scale and style and so located that
they will not conflict with the streetscape.
iv. The location and orientation of any main buildings on the lot parcel must be
carefully selected to prevent buildings that are significantly larger than any one
or two unit dwellings in the vicinity(i.e. greater than 3 times the floor area,
and/or twice the height, and/or three times the length from looming over any
such residential dwellings or their yards.
v. Measures, including lot parcel grading, shall be required to adequately dispose
of storm and surface water.
vi. A minimum equivalent to 1/3rd of the floor area of the building shall be in
compliance with the definition for landscaped open area. That percentage may
be reduced to as low as 1/10th where the Development Officer is satisfied with
the design of a Certified Horticultural Technician or Architect.
vii. Ingress and egress points where the parking area is to be accessed from any
public/street/road shall be designed to ensure that any known significant traffic
problem identified by the Traffic Authority is not further exacerbated.
Chapter 2. 24
Administration
q�r��Gv �„ "9 6 y M"'
�� i it f :.-q�� id';; �' /�'Y���,'
F{{i�A��, �it C�-F ii��
�i., l
�� X
+� r�.;,,
��'� ft;.
r I � C
Abut/abutting means:
• Having a common border with, or being separated from such a common border by
a right-of-way, alley, or easement, but not a road parcel.
• To physically touch or border upon.
• To share a common property line but not overlap.
• Means two (2) adjoining parcels of property with a common property line,
including two (2) or more lots adjoining only at a corner, except where such
common property line is located in a public street right-of-way.
• A lot line that has any point in common with another lot line that is not part of
street line or lane.
• Two or more parcels sharing a common boundary of at least 1 point.
Accessory building means a subordinate building or structure on the same lot parcel as
the main building or use of land devoted exclusively to an accessory use. A garage is
attached to a dwelling if the garage and the dwelling share a common wall, whether or not
they share a common door. A garage is detached from a dwelling if they are separated, or
if they are only connected by a pedway, breezeway, carport or other similar indoor corridor
with dimensions less than either the dwelling or the accessory building.
Accessory dwelling unit means one dwelling unit accessory to a one unit dwelling, two
unit dwelling, semi-detached dwelling and intended as an independent and separate living
unit which contains its own sleeping, living, cooking and sanitary facilities, and its own
entrance. An accessory dwelling unit is detached from main dwelling, unlike a secondary
suite.
Access or driveway means:
• A way of approaching or entering a property.
• A way or means of approach to provide vehicular or pedestrian physical entrance to
a property.
• Shall mean the place, means, or way by which pedestrians and vehicles shall have
safe, adequate and usable ingress and egress to a property or use as required by
this By-law.
Accessory use means a use subordinate and naturally, customarily and normally
incidental to and exclusively devoted to a main use of land or buildings and located on the
same lot parcel. An accessory use to a place of residence must be clearly seen as being
supportive of:
• the maintenance of the residential property; or
• the types of personal or recreational pursuits of the occupants that are not
obtrusive in a residential neighbourhood environment
To clarify the interpretation of obtrusive for this definition, any activity or use of land that
involves the outdoor collection, accumulation, or storage of miscellaneous equipment,
materials, motor vehicles, or parts thereof shall not be considered an accessory use to
residential development, unless it takes place in an innocuous location which does not
Chapter 3. 26
Definitions
adversely affect neighbouring properties visually as an unusual and unique land use. Any
use of equipment, tools, and materials to regularly service vehicles, equipment, and
materials owned by non-residents of the address shall also not be considered an accessory
use to residential development.
Accommodation Business means an establishment that provides lodging for travellers or
transients, and includes but is not limited to, a bed and breakfast, hotel, motel, or tourist
cottages but does not include a shared dwelling. An accommodations business, other than
a bed & breakfast establishment, may include complementary uses such as restaurants,
meeting rooms, pools, and fitness centres.
Addition means any construction which increases the size of a building such as a porch,
attached garage or carport, or a new room.
Adjacent property means any lot/parcel of land sharing a common lot parcel boundary
with the lot parcel to be developed other than a public street/road
Agriculture means the use of land, buildings and structures for the production of crops, or
raising and/or caring of livestock as an agricultural commodity or as a draft animal serving
in the agricultural operation. For purposes of clarification, processing of agricultural
products associated with an agricultural operation shall be considered accessory to the
primary agricultural operation. Processing of agricultural products as a main use at a
separate site from the primary operation (e.g. milk processing, abattoirs) shall not. As well,
retailing of agricultural products on the farm, that are produced on the farm, shall be
considered accessory to the primary agricultural operation. Retailing of agricultural
products as a main use at a separate site from the primary operation is a subcategory of
sales. This By-law divides agriculture into the following categories:
• crop farming means an agricultural operation in which the primary function is the
growing and harvesting of vegetables, fruits, berries, nuts, or other similar products.
• livestock farming means an agricultural operation in which the primary function is
the rearing of animals to produce commodities. This category is further divided into
livestock stabling and livestock grazing. Livestock grazing is the use of large tracts of
land for growing feed which is primarily eaten pre-cut by grazing, untethered
livestock.
• mixed farming means an agricultural operation in which none of the other five
categories predominates
• specialized types of agricultural production means greenhouses, nurseries, or
the rearing of insects to produce commodities.
• stable means a building designed to house, or breed large draft animals (e.g.
horses, cattle, donkeys) either for agricultural, recreational, or business purposes
and shall include riding stable businesses.
• The keeping and/or caring of animals at a small scale as a hobby activity is not an
agricultural land use, regardless of the type of animal. This By-law respects that
there are other enabling provisions in the Municipal GovernmentAct to effectively
regulate the keeping of domestic animals and activities in relation to them.
Chapter 3. 27
Definitions
• Processing means a manufacturing establishment altering raw agricultural
produce, both animal and plant into a fabricated market product.
Aisle means:
• the area used by motor vehicles for access to and from all off-street parking spaces,
but does not include an access driveway.
• the traveled way by which cars enter and depart parking spaces.
Alcohol Beverage Establishment means a service establishment where the primary
commodities are liquor, and/or beer, and/or wine, and/or spirits (e.g. tavern, pub, lounge)
that are sold to the general public for consumption either within the premises or in a
designated area outside on the property operated by the establishment.
Alcohol Processing means a manufacturing establishment altering raw agricultural
produce, both animal and plant into a fabricated market product.
Alter means any change in the structural component of a building or any increase in the
volume of a building or structure.
Animal Sitting Establishment means an indoor facility designed for the care of domestic
animals for less than 24 hours, and includes such services as obedience classes, training
and grooming, but does not include overnight accommodations.
Architect means a professional architect licensed to practice in the Province of Nova
Scotia
Artist/artisan establishment means the studio/shop where artists (e.g. painting, music),
artisans (e.g. carpentry, smithy, sheet metal, machine shop) and craft persons (e.g.
photographers, ceramics, pottery, customized glaziers, and tailors) provide a service by
conducting their work, a significant percentage of which is customized, and offer it for
retail. A decorating business that inserts embellishments onto a pre-manufactured product
and offers the decorated product for sale is not an artist/artisan establishment.
Asphalt Plant means a facility with equipment designed to heat and dry aggregate and to
mix aggregate with bituminous asphalt to produce asphalt paving material, and includes
stockpiling and storage of bulk materials used in the process.
Assembly hall means a service establishment where facilities are provided for public,
social, or religious purposes and shall include church halls, community halls/centers, fire
halls, concert halls, and halls operated by private service clubs. The operation of an alcohol
beverage service establishment within the premises shall be considered an accessory use.
Assembly (manufacturing) means the manufacturing of a market product by assembling
processed materials. Manufacturing assembly may include, but not be limited to,
assembling to car parts to make the car, assembling of pages of newspaper to be delivered
to end user clients, assembling of material to make clothing, making prefabricated
housings, furniture, scientific equipment and appliances.
Chapter 3. 28
Definitions
Awning means a retractable, collapsible or moveable shelter, hood or cover that projects
from the wall of a building.
Balcony means a small outdoor area, raised above the ground, directly accessible from
within the building and open except for a balustrade on at least one side.
Banquet or Convention Centre is a service use where a room or building use for hosting
a party, banquet, function, reception or other social event such as a dinner theatre, special
events, weddings and may include an area for food preparation.
Bay window means a projecting bay from the wall only with windows that forms an
extension to the interior floor space. On the outside, the bay should extend to ground level,
in contrast to an oriel window, which projects from the exterior wall plane above ground
level.
Bed and Breakfast means a one-unit dwelling in which overnight accommodation and at
least one meal is provided to the travelling public.
Block means all land fronting on one side of a street between the nearest streets,
intersecting, meeting or crossing the aforesaid street.
Block face means all lots abutting both sides of a street between two intersecting streets.
Boathouse means a personal private recreational building which does not contain a toilet,
shower room or kitchen facilities and which is used for the shelter or storage of boats,
watercraft and associated marine accessories and equipment, but not for the
accommodation of persons or animals, or for commercial purposes and does not include a
garage. The boathouse must be erected on a lot parcel with frontage on a navigable body
of water or on lot parcels adjacent to or directly across the street from the lot parcel with
frontage on a navigable body of water which is held in common ownership.
Building means any structure whether temporary or permanent, used or built for the
shelter, accommodation or enclosure of persons, animals, materials or equipment. Any
awning, bin, bunker or platform, vessel or vehicle used for any of the said purposes shall
be deemed a building.
Chapter 3. 29
Definitions
Bulk Fuel Storage means a facility for the storage and distribution of petroleum and
petrochemical products in bulk quantities, which may include tanker vehicle storage and
key lock pumps, but does not include retail sales or processing.
Buffer area/strip means:
• A landscaped area intended to separate and partially obstruct the view of two
adjacent land uses or properties from one another.
• Land area used to visibly separate one use from another or to shield or block noise,
lights, or other nuisances.
• A part of land which alleviates the adverse effects of the use of one area to another.
• Open spaces, landscaped areas, fences, walls, berms or any combination thereof
used to physically separate or screen one use or property from another so as to
visually shield or block noise, lights or other nuisances.
• A parcel or tract of land, plant material or other landscaping that is used to
separate.
Business office means property where persons are employed in the management,
direction or conducting of a business service on behalf of clients. Although not limited to
the following, a business office may include the office of a financial institution (e.g. bank,
insurance agency, brokerage, loans etc.), a professional office (e.g. engineer, architect),
government office, telecommunications and digital technology, printing/publication
establishment, call center, business support, and may include the business office of a non-
profit charitable organization, but does not include a medical clinic.
Campground means a provincially licensed recreational business establishment where
designated spaces/plots are provided for tents, yurts, domes, other fixed roof structures,
and recreational vehicle for overnight accommodation. A campground may provide
sanitary and waste disposal facilities, laundry facilities and other accessory uses.
Campsite means a part of a campground designed for the exclusive use of guests in a
camping unit(e.g. recreational vehicles, tents, and yurts).
Canopy means a permanent non-retractable shelter, hood or cover that projects from the
wall of a building.
Carport means a structure attached to a dwelling that provides a roof over a part of the
driveway without a door covering the vehicular entrance. Any other walls may or may not
be constructed in a carport.
Catering Business means an establishment in which food and beverages are prepared for
consumption off the premises and are not served to customers on the premises or to take
out, but does not include a restaurant.
Cement plant means an industrial structure, installation, plant, or building primarily
engaged in manufacturing natural, masonry, pozzolanic, and other hydraulic cements.
Cemetery means a designated site comprised of burial lots that may include either human
or animal remains and may include accessory uses such as the storage and retailing of
Chapter 3. 30
Definitions
caskets and other related funeral supplies, the storage of funeral vehicles, and cremation
facilities.
Change of use means a change in the use of land or buildings that is of significance for
planning purposes, often requiring planning permission.
Clothes cleaning business means a laundromat or dry-cleaning service establishment, or
clothes drop off and pick up service that is provided in conjunction with a laundromat or
dry-cleaning establishment.
Commercial Group means two or more commercial buildings located on a lot or adjoining
lots having been designed as an Integrated Development with respect to the placement of
buildings and any associated accessory buildings or structures, amenity spaces, driveways,
landscaping, or parking areas.
Communication Facility refers to any use of land or building for the production, storage,
or dissemination of information or information products, and includes, but is not limited
to, a broadcast studio, call centre, publishing or printing facility, telecommunication service,
or television service.
Community service means a facility associated with the provision of a spiritual, social or
government function, unless the use is listed as a sub-category of another defined land
use. Community services include, but are not limited to, places of worship, private service
clubs, day care facilities, mausoleums, or cemeteries.
Concrete plant means the production of concrete that uses a manufacturing process
involving the mixing of a number of aggregates, sand, water, cement, and/or other
components. This use also includes the stockpiling of bulk materials required for the
process and the storage of the required equipment use in the operation.
Condominium means a building, or land development, established pursuant to the
Condominium Act of Nova Scotia:
• where some aspects of a building (e.g. apartment interior) is held in separate
ownership, while all other aspects of the building (e.g. corridors, elevators, foyer
etc.) are owned, and maintained by a corporation operated by all of the
condominium owners; or
• where parts of the site of a bare land condominium (e.g. a building lot for a
dwelling), is held in separate ownership, while the rest of the condominium site (e.g.
a street) is owned, and maintained by a corporation operated by all of the
condominium owners; or
• where a building and part of the site of a bare land condominium (a dwelling and
the building lot it sits upon) is held in separate ownership while the rest of the
condominium site (e.g. a street) is owned, and maintained by a corporation
operated by all of the condominium owners.
Chapter 3. 31
Definitions
Conforming means a use which falls within the uses permitted and conforms to all the
regulations set out in this By-law for the zone in which the use, building or structure is
located.
Contractor means a business offering services in specialized trades that are usually hired
as sub-contractors for a construction project but may be under contract with a client to
provide renovations and maintenance work. Examples include plumbing contractors,
electrical contractors, cleaning contractors, renovations contractors, masonry contractors.
Does not include a heavy equipment depot and operational yard.
Crematorium means a service establishment for the burning of dead human and/or
animal remains. Crematoriums are considered accessory uses to both a funeral home and
a veterinarian's establishment
Cultural Service means a facility catering to the knowledge, customs, and arts aspirations
of people and include museums, art galleries, science centres, concert halls, zoos,
monuments, libraries.
Day Care Facility means a community service establishment which provides nursery
and/or pre-school care, but does not include a home day care
Day Care,, Home means a chid-care program provided by a care provider in the care
provider's home.
Deck means a constructed outdoor floor attached or abutting a building and accessible
from the building. A deck can be elevated from the ground and supported by posts or
directly attached to the ground, but a deck does not have a roof.
Density means:
• The maximum number of dwelling units allowed by this By-law based on lot area.
• The maximum allowable number of dwelling units and guest units per buildable
acre. The maximum number of dwelling units and guest units that would be
permitted for a lot or parcel is calculated by multiplying the applicable density by
the number of buildable acres (determined to the tenth of an acre) contained in the
lot or parcel. If any computation to determine the number of dwelling units and
guest units results in a number containing a fraction, that fraction will be dropped if
it is less than one-half in value. A fraction of one-half or more in value shall be
counted as one dwelling unit or guest unit.
• The ratio of the number of dwelling units to the lot area.
• The number of families, individuals, dwelling units, households or housing
structures per unit of land.
Development Officer means the individual, or individuals, delegated with the
responsibility of administering and enforcing this Land Use By-law by resolution of the
Council of the Cape Breton Regional Municipality pursuant to the Municipal Government
Act.
Chapter 3. 32
Definitions
Display means the placement of products in a location for the purpose of viewing by
prospective customers of a retailer, rental business, or wholesaler.
Distribution Facility means an establishment where goods or items are stored inside a
building for a temporary period prior to being loaded onto transport elsewhere.
Drive-thru means a type of service provided by a business that allows customers to
purchase products or access services without leaving their cars.
Dwelling Unit means one or more habitable rooms designed or intended for use by one or
more individuals as an independent and separate housekeeping establishment in which
separate kitchen and sanitary facilities are provided for the exclusive use of such individual
or individuals, with a private entrance from outside the building or from a common hallway
or stairway inside the building. For example, a dwelling unit can be a one unit dwelling,
one of two dwellings units in a two unit dwelling, or one dwelling unit in an apartment
building.
Dwelling, Duplex means a building consisting of two dwelling units, located one on top of
the other.
Dwelling, Group means two or more buildings containing dwelling units located on a lot or
adjoining lots that have been designed as one development.
Dwelling, Converted means a building originally constructed as a one-unit dwelling or
two-unit dwelling that has been lawfully converted into a two-unit dwelling or multiple
dwelling.
Dwelling, Apartment means a building containing three or more dwelling units and
includes a converted dwelling.
Dwelling, One-Unit means a detached dwelling containing one dwelling unit and may
include a secondary suite. This does not include a recreational vehicle.
Dwelling, Semi-detached means a building containing two dwelling units arranged side by
side and separated vertically by a common wall extending from the foundation to the roof.
Dwelling, Townhouse means a building containing three or more dwelling units arranged
side-by-side each with a separate exterior entrance and separated vertically by a common
wall extending from the foundation to the roof located on a lot abutting a public street.
Dwelling, Two-unit means a building containing two-dwelling units, and may included a
duplex, semi-detached dwelling, or a converted one-unit dwelling.
Dwelling Unit means one or more habitable rooms intended for use by one or more
individuals as an independent residential establishment in which separate kitchen and
sanitary facilities are provided for the exclusive use of such individual or individuals. This
does not include an accommodation business, but does include individual units located
above the ground floor of a mixed use building.
Chapter 3. 33
Definitions
Dwelling, Shared means a use where bedrooms are rented for remuneration as separate
rooms for residential accommodation and includes shared bathroom and kitchen facilities
made available to all tenants. This does not include an accommodation business.
Easement means:
• A negotiated interest in the land of another which allows the easement holder
specified uses or rights without actual ownership of the land.
• A grant of one or more of the property rights by the property owner to and/or for
the use by the public, a corporation or another person or entity.
• The right of a person, government agency, or public utility company to use public or
private land owned by another for a specific purpose, or the grant of one or more of
the property rights by the owner to, or for the use by, the public, a corporation, or
another person or entity.
• An area of land over which a right of entry for the purpose of constructing and
maintaining a public service or a surface drainage outlet which has been legally
described in a registered deed.
• A right given by the owner of land to another party for specific limited use of that
land.
Educational Service means a public or privately operated school or place of instruction
where structured courses are taught. Education facilities do not include facilities where the
primary focus is recreational (such as dance or martial arts centres). Educational Uses
include primary, secondary, and post-secondary institutions.
• Primary/Secondary Education Use means an educational institution specifically to
teach children from grade primary to grade 12. Education Uses may include
secondary uses such as administration, athletics, food, or library services.
• Post-Secondary Educational Use means an educational institution specifically to
teach students who have left the secondary-educational system, and grants
diplomas, degrees, or certificates as outlined in the Degree Granting Act. Education
Uses may include secondary uses such as administration, athletics, food, or library
services.
Entertainment Facility means a business facility providing amusements and diversions
such as movie theatres and arcades.
Equipment Sales and Rental means a business where goods, materials or equipment is
available for rent to the consumer. A rental sales business can range from a video rental
store, party rental outlet to the rental of industrial equipment and machinery.
Existing means a building or development that was legally established prior to the
adoption this By-law, or a building or development that was established after the adoption
of the By-law for which a Development Permit was issued, unless:
• a specific statement in the By-law defines it in another manner for purposes of
interpreting that statement; or
Chapter 3. 34
Definitions
* the Land Use By-law map is referenced in which case the present date is applicable.
If such a development ceases to operate, it will still be deemed to be existing if the
development was in operation five years less a day prior to the date an application for a
Development Permit is submitted. However, if the building occupied by the use is
demolished, this sunset clause is only in effect for one year after the demolition date.
Facade means the exterior wall of a building exposed to public view or that wall viewed by
persons not within the building.
Fence means a barrier closing or bordering a field, yard, etc. usually made of posts and
wire or wood, used to prevent entrance, to confine, or to mark a boundary
Flag lot means a lot that is, generally, in the shape of a flag extended at the end of a pole,
wherein the pole portion of the lot serves to provide street frontage and access, and the
flag portion of the lot serves to provide the buildable area of the lot parcel. The pole
portion of the lot parcel will be excluded form lot coverage calculations.
C a r, r ltrvterior IntericW Carnear
Lot, Lot Lot Lot,
I'Meiior, Throutgh 'Flag [rderibr
Lot Lot L111"Ot, Lot
o � i
C oirin, In'tord'or Carnter
'Lot, of Lot MI
Floodway means the inner portion of a flood risk area where the risk of flooding is
greatest, on average once in twenty years, and where flood depths and velocities are
greatest.
Floodway Fringe means the outer portion of a flood risk area, between the floodway and
the outer boundary of the flood risk area, where the risk of flooding is lower, on average
once in one hundred years, and floodwaters are shallower and slower flowing.
Chapter 3. 35
Definitions
Fitness centre means service business where individuals pay a fee for the use of space,
exercise equipment, and instruction for the pursuit of physical fitness and activities which
may include accessory uses such as business office and retail.
Fire station and hall means the personnel, motor vehicle and equipment depot for a fire
department as well as an assembly hall.
Fishery use means the use of any land, buildings and structures pertaining to the primary
industry of harvesting and growing (but not the processing) of aquatic species and may
include a commercial fishing enterprise, sport fishing, aquacultural endeavor, or
wholesaling distribution facility. For purposes of clarification, retailing of fresh fishery
produce shall be considered an accessory use to the above.
Floodplain means any land area susceptible to being inundated by water from any source.
Floor Area means the enclosed area of the first floor of a building measured to the outside
face of exterior walls times the number of storeys (as defined by this Bylaw). For
clarification, when determining the floor area for a part of a building, floor area shall mean
the enclosed area of the part of a building measured within the finished wall surface.
Food preparation business means a service business where food products like previously
cooked or baked goods, goods prepared to be baked by a customer, sandwiches, pickled
products, sauces, etc. are prepared for wholesale distribution (e.g. supermarkets, vending
machines, vendor motor vehicles).
Food processing cottage industry means the processing of raw food products into a
marketable commodity for wholesale distribution to retailers as a unique and distinctive
commodity at a small scale.
Forestry means the primary industry of managing and harvesting of trees, including
silviculture, and unless specifically excluded, shall include storage yards.
• harvesting means the cutting, logging, felling and bucking of trees.
• silviculture means the development and management of forestry stands for the
best return at the time of harvest
Frontage means the minimum straight line distance between the intersection of the side
lot lines and the front lot line along a public or private street.
Funeral home means a service establishment providing human funeral services. As
accessory uses such a facility may also provide a chapel, embalming services, autopsies
and other surgical procedures, the storage and retailing of caskets and other related
funeral supplies, the storage of funeral vehicles, and cremation facilities.
Grade, finished means:
• The final elevation of the ground surface after development.
• The average elevation of the finished surface of the ground at ground level
measured on any side of a building or structure.
Grade, natural means:
Chapter 3. 36
Definitions
• The elevation of the ground surface in its natural state, before man-made
alterations.
• The elevation of the undisturbed natural ground at the outermost corner of the
footprint of the foundation wall.
Grade, percentage means the slope of land calculated by dividing the difference in
elevation between two points by the distance between the same points.
Habitable Space means the space within a dwelling unit in which living functions are carried
out, and includes living rooms, dining rooms, kitchens, bathrooms, dens, recreation rooms,
storage rooms, and workshops, including those located in a basement or cellar.
Health Care means a use associated with the provision of a multitude of medical or
related services for people. Health care includes, but is not limited to, hospitals, long term
care facilities, and medical clinics.
Heavy equipment means machinery designed and constructed for the purpose of
operating on construction sites and may include motor vehicles used in excavating,
plowing, separating, compacting and other similar activities, and trucks for transporting
heavy loads (i.e. other large pieces of equipment or bulk commodities).
Heavy equipment depot and optional yard means the use of land, buildings or
structures for the storage and maintenance of heavy equipment, and includes facilities for
the administration the business and the stockpiling or storage of supplies and materials
used in the business.
Heavy Industrial Use means any use of land, building, or structure for a volatile or
offensive material, the production, manufacturing, or storage of a volatile or offensive
material that may be harmful or detrimental to a person's health or property due to the
potential for fire, explosion, the accidental release of toxic fumes or gases which may
include but not be limited to: a crude import and/ export terminal, petro-chemical plant, a
chemical plant, or a scrap or salvage yard.
Height means the vertical distance of a building between the established grade and;
• the highest point of the roof surface or the parapet, whichever is the greater, of a
flat roof;
• the deck line of a mansard roof; or
• the mean level between eaves and ridges or a gabled, hip, gambrel or other type of
pitched roof;
• but shall not include any construction used as ornament or for the mechanical
operation of the building, a mechanical penthouse, chimney, tower, cupola or
steeple.
Hospital means a health care establishment which provides for the medical care of
persons afflicted with or suffering from sickness, disease, or injury or for the convalescent
or chronically ill patient that is open 24 hours a day and provides overnight
accommodation.
Chapter 3. 37
Definitions
Industrial use means the use of land, building or structures for the manufacturing,
processing, fabricating or assembly of raw materials or goods, warehousing or bulk storage
of goods and related accessory uses.
Infill development means development consisting of either construction on one or more
lots in an area which is mostly developed, or new construction between two existing
structures.
Instructional service means a home-based business that includes the teaching of music,
arts and crafts, dance, yoga, education, or similar other home instructional business.
Intensification means the development of a property or site at a higher density than
previously existed including redevelopment or development within existing communities,
infill development, or development on vacant lots or underdeveloped lots within a built-up
area, conversion or the change of use of an existing structure or land use, and the creation
of apartments or other accommodation in houses.
Kennel means a facility where animals are bred, boarded, or offered day care as a
business development intended to generate revenue by charging a fee for purchase or
boarding.
Landscaped Open Area means space on the lot parcel generally covered by any
combination of grass, trees, shrubs, flowers, other vegetive ground cover, landscaping
mulch, decorative stone or structures used to embellish the overall design, but does not
include asphalt or compacted gravel. Exposed soil is permitted in shrub beds and gardens
only. Landscaped open areas shall not include parking area areas and shall not be used for
the parking of motor vehicles.
Library means a cultural service establishment offering the general public printed,
pictorial, video and audio material for perusal within the premises or by borrowing
permission without retail or rental fees.
Live-work unit means a residential unit intended for both residential and business uses
concurrently.
Light Industrial Use means industrial uses where any nuisance should not exist outside of
the building, and may include limited outdoor storage.
Long Term Care Facility means a facility licensed by the Province which provides services
for people who need ongoing care; either on a long-term basis (permanent placement) or
short-term bases (respite care). A long term care facility is a health care use.
Lot parcel means any parcel of land described in a deed which created the lot parcel prior
to April 16th, 1987, or a devise of land by will executed prior to January 1 st, 2000, or as
shown in a registered plan of subdivision
• Corner lot parcel means a lot parcel situated at the intersection of and abutting on
two or more public street/roads.
Chapter 3. 38
Definitions
• Through Lot parcel means a lot parcel bounded on two opposite sides by public
streets/roads.
• Lot parcel Area means the total horizontal area within the lot parcel boundary.
• Lot parcel Boundary means the border line of the lot parcel.
• Lot parcel Depth means the horizontal distance between the front and rear lot
lines. Where these lines are not parallel, it shall be the length of a line joining the
mid-points of the front and rear lot lines.
• Lot line means:
• Any boundary of a lot.
• Any boundary line of a lot.
• The legally defined limits of any lot.
• Lot parcel width means the average horizontal distance between the side lot lines.
For a flag lot (see definition of flag lot), lot width shall be measured from the flag
portion of the lot parcel.
Lot Coverage means the percent of lot area which may be covered by all main buildings,
accessory buildings or similar covered structure but does not include an outdoor
swimming pool. The part of a building used to calculate this maximum lot parcel coverage
is the roof to the edge of the eave (i.e. dripline).
Lot Preparation Shed means a building with maximum floor area of 300 sq. ft primarily
used to store materials, equipment, and tools used in the preparation of a lot parcel
associated with a permit for the construction of a main building.
Main Building means the building in which is carried on the principal purpose for which
the lot parcel is used.
Manufacturing means the process of making a raw material into a finished product; in
large quantities. It includes establishments engaged in the mechanical or chemical
transformation of materials or substances into new products and in assembling
component parts of manufactured products into new products. Manufacturing shall
include assembling, fabricating, finishing, packaging or processing operations, including
cannabis and alcohol products.
Marina means a service establishment containing docking/launching facilities where boats
and ships are stored, serviced, repaired, or kept for sale or rent including any accessory
business. Accessory uses may include retailing of marine accessories, boutiques,
restaurants, alcohol beverage service establishments, assembly halls and wastewater
pumping facilities.
Medical clinic means a service establishment where members of the medical profession.
including dentists, chiropractors, physiotherapists, osteopaths, optometrists, provide
diagnosis and treatment to the general public without overnight accommodations. For
purposes of clarification. any patient service for which a referral could be made by or from
a member of the medical profession shall be deemed an accessory use.
Chapter 3. 39
Definitions
Microbrewery, Distillery, or Winery means a small brewery, winery or distillery operated
in conjunction with an alcohol beverage service establishment or restaurant where beer,
wine, or liquor produced on-site may be consumed on the premises, or sold or distributed.
Large scale a distillery, brewery, or winery is considered a manufacturing use.
Minimum building elevation is the underside of the lowest floor of a building.
Mixed use means a building partly occupied by sales/service developments and one or
more dwelling units.
Mobile home means a prefabricated building comprised of one main modular part
designed to be used as a one unit dwelling:
• designed to be transportable, whether or not it is equipped with wheels;
• having an average width greater than 2.6 metres (8.5 feet) and less than 6 metres
(20 feet);
• a length that is at least 3 times as long as the width; and
• used as a dwelling for one or more persons, but shall not include a travel trailer,
school bus, recreational vehicle or trailer otherwise designed.
Mobile home park means a site under single ownership which has been planned and
developed for the placement of mobile homes.
Motor Vehicle Related means an establishment which retails, repairs or provides fuel
services to motor vehicles. Types of motor vehicle related establishments include:
• Motor Vehicle Sales and Rental means an establishment where the primary
purpose is the retail sale or rental of automobiles and heavy equipment to the
ultimate consumer for final consumption. Motor vehicle repair is an accessory use
to the retail use in such establishments.
• Motor Vehicle Repair and Service means an establishment where the primary
purpose is the repairing, painting, or washing of motor vehicles. Motor vehicle retail
may be an accessory use to the repair business in such establishments. Motor
vehicle repair can be divided into three categories; the repair of the parts of the
motor vehicle which are responsible for it to operate, the repair of the external body
of the motor vehicle, and the repair of the glass affixed to the body.
• Motor Vehicle Fuel Service means an establishment where the primary purpose is
the sale of fuel for motor vehicles. Motor vehicle repair and general cleaning (e.g.
car wash, upholstery cleaning) as well as the retailing of convenience retails items
and restaurants may be considered accessory uses to the fuel service use. As long
as the area occupied by the motor vehicle sales and display does not exceed the
floor area of the building + the pump island parking area and their approaches from
the public street/road, it shall be considered an accessory use to motor vehicle fuel
service.
• Motor Vehicle Cleaning Service means an establishment where the primary
purpose is the cleaning of motor vehicles.
Chapter 3. 40
Definitions
• Motor Vehicle Towing Service means an establishment where the primary
purpose of which is to tow and impound motor vehicles.
Municipality wherever used after the word "this" means the Cape Breton Regional
Municipality.
Parking area means an area on a lot parcel(s) containing parking spaces including
driveways, aisles, ramps and motor vehicle maneuvering areas. For purposes of
clarification, a parking area also means any area used for the display of motor vehicles for
retail or rental purposes.
Parking lot means a vehicular parking area or parking structure which is a principal or
main service use of a lot parcel.
Parking space means an area of not less than 7.4 square metres (180 sq. ft.) measuring
2.7 metres (9 feet) by 6 metres (20 feet) exclusive of driveways or aisles, for the temporary
parking or storage of motor vehicles, and which has adequate access to permit ingress and
egress of a motor vehicle to and from a public street/road by means of driveways, aisles or
maneuvering areas.
Pedway means an enclosed pedestrian corridor linking two or more buildings. A pedway
can be below ground level (i.e. underground), at ground level, or above ground.
Personal service business means an establishment where persons are employed to
administer to individual and personal health and includes but is not limited to salons, spas,
clothing tailor, massage therapy, counselling services, and animal grooming.
Place of worship means a community service building or complex of buildings dedicated
to religious worship and shall include churches, chapels, temples, synagogues, mosques,
convents, retreats and monasteries. A rectory on the same lot parcel, or a caretaker's
dwelling within the building shall be considered accessory uses.
Police Station means the headquarters of the Cape Breton Regional Municipality Police
Department or the R.C.M.P. as well as any business office, personnel, motor vehicle and
equipment depot of a detachment of the police. A place of incarceration shall be
considered an accessory use to a police station.
Private Road means any street or road which is not a public street/road but is shown as a
separate lot parcel on a plan of subdivision approved by the Development Officer and filed
in the Registry of Deeds pursuant to:
• this Bylaw; or
• a previous version of the Subdivision Bylaw; or
• a Subdivision Bylaw adopted by the Municipality of Cape Breton County
Private Service Club means the meeting place of a non-profit association of persons for
the promotion of any benevolent, philanthropic, patriotic, religious, charitable, artistic,
literary, educational, social, professional, recreational or sporting objective and often
Chapter 3. 41
Definitions
includes ancillary uses such as an assembly hall and alcohol beverage service
establishment.
Protective Services means a service provided by police, fire departments, the military,
judicial, coast guard, and correctional institutions.
Public street/road means:
• Any street or road owned by the CBRM and maintained by the CBRM's Engineering
and Public Works Department; or
• Any street or road owned by the Province and maintained by the Province's
Department of Public Works;
• A street or road owned by the Federal Government, or by a Federal Crown
Corporation within the Sydport Industrial Park as of April 27, 2002;
• A street or road owned by the Membertou Development Corporation which:
o Intersects a street/ road within Memertou; or
o Intersects a CBRM public street/ road which is directly connected to a
street/road within Membertou; or
o Intersects a street/road which is owned by the Province of Nova Scotia that is
directly connected to a street/road within Membertou; or
o Intersects a street/road owned by CBRM that is directly connected to a
street/road within Memberou; or
o Intersects a street/road which is owned by the CBRM that is contiguous with
a street/road owned by the Province of Nova Scotia that is directly connected
to a street/road within Membertou.
Public street/road boundary means the boundary of the public street/road shared with
adjacent properties.
Public street/road hierarchy means the public street/road network hierarchy as
established in the CBRM Municipal Planning Strategy. There are 5 Levels in this hierarchy,
with Level 1 public streets/roads having the highest priority and being considered the
highest level and Level 5 public streets/roads having the lowest.
Racetrack means a clearly defined, designated recreational area used for the purpose of
racing:
• motor vehicles; and/or
• vehicles hauled by animals; and/or
• animals
for sporting and/or recreational purposes whether or not the racing activities are for
business purposes or whether or not the exchange of money, either for admission or
betting, takes place. A racetrack may be comprised of:
• buildings; and/or
• structures; and/or
• altered natural topography caused by the use of heavy equipment.
Chapter 3. 42
Definitions
For purposes of clarification, the random use of trails and paths meandering through
undeveloped parts of the landscape which have been developed overtime shall not be
considered a racetrack for the purposes of this By-law.
Recreational Use, Private means a recreational business open to the general public
offering recreational facilities which enable persons to participate in activities for a fee
either in the form of a pay-for-use terms or annual membership and shall include both
indoor and outdoor recreational establishments.
• indoor recreational business establishments may include (but not be limited to),
bowling alleys, skating rinks, racquet clubs, rock climbing, and swimming pools, but
do not include arcades.
• outdoor recreational business establishments may include (but not be limited to)
golf courses, ski resorts, tennis clubs, water parks, racetracks, equestrian trails,
driving ranges, and amusement parks.
Recreational Use, Passive means an activity or use of land carried out for recreational
purposes which does not require the construction of buildings and may include walking,
hiking, picnicking, bird watching, swimming, bicycling, running/jogging, climbing, horseback
riding and cross-country skiing.
Recreational public means a recreational facility open to the general public as a public
service either by a level of government or a private service club intended to improve the
quality of life for the residents of the community. Such categorization does not preclude
the agency responsible from charging nominal fees for part or all of the facilities intended
to defray the cost of providing and maintaining the facility.
• indoor recreational public may include (but not be limited to) swimming pools,
gymnasiums, martial arts, and skating arenas.
• outdoor recreational public may include (but not be limited to) playing fields,
passive parks, tennis courts, and playgrounds, recreational camps.
Recreational use means a place designed and equipped for the playing of sports and
leisure activities. Recreational uses may include, but are not limited to, arenas, bowling
alleys, campgrounds, recreational instruction, golf courses, picnic parks, playing fields,
public gardens, boardwalks, walking/bicycle trails, racetracks, shooting ranges, tennis
courts.
Recreational Vehicle means a vehicle designed for travel on public streets/roads for
purposes of camping or recreational use:
• providing kitchen, sanitary and living accommodations;
• capable of either being towed behind a motor vehicle or self-propelled; and/or
• built on a chassis or designed to be mounted on a pick-up truck or chassis;
• with a maximum width of 8.5 feet; and
• which is constructed to a C.S.A standard
Chapter 3. 43
Definitions
Recycling facility collection depot means an establishment which only collects used
goods, materials, products, etc. and ships them to another facility for processing into other
products (e.g. Enviro depots, bottle exchange) but does not include a salvage yard.
Repair Service means property associated with the maintenance, care, repair or cleaning
of goods, commodities, equipment, materials other than motor vehicles and shall include
the repair of clothing,jewelry, appliances, furniture, or small engines.
Resource Use either cultivate and/or exploit the natural resources of the Province of Nova
Scotia and shall include the agricultural, forestry, fishery, and mining industries.
Restaurant means a service business where food, baked goods, and/or beverages are
prepared and sold to the general public for consumption either within the premises or as
take-out. Alcohol beverages may be an accessory use but at no time during the day or night
may the serving of alcohol beverages be the main use.
Sales means a land use associated with the retailing of tangible wares as merchandize to
consumers.
Scrap or Salvage Yard means a heavy industrial use where used materials, equipment,
machinery, motor vehicles etc. are accepted, stored or kept. Parts are separated on-site to
be either sold on-site or shipped to another establishment for processing.
Sawmill means a mill which uses saws to convert harvested logs into lumber and does not
include a sophisticated manufacturing product which alters the chemical components of
the raw timber into another product (e.g. pulp and paper mill) or adds components to the
milled and planed wood.
Scientific Establishment means the use of land for the purpose of scientific research
including the development of electronic technology, bio technology or other scientific
disciplines for application to commerce, industry or government.
Screen means a continuous fence, wall, compact evergreen hedge or combination thereof,
supplemented with landscape planting that effectively screens the property which it
encloses or the building, structure, or land use specified in a provision that references this
definition.
Self-storage facility means a service business offering space for rent for customers to
store personal goods. Unlike a warehouse (see definition)this is a main use that is not
associated with a sales business development.
Service means a land use primarily associated with the provision of a product that is not a
tangible ware/article but a function performed providing a benefit to the recipient.
Artist/artisan establishment shall be considered a subcategory of"service" because they
are not manufacturing as they are not mass producing a product, and they are not sales
since their workshop does not have to be where their product is sold. In this By-law,
"service" includes clothes cleaning businesses.
Chapter 3. 44
Definitions
Setback means the horizontal distance between any vertical part of the building used to
calculate % lot parcel coverage General Provision and the nearest lot parcel boundary
(unless the object to be setback from is specifically referred to).
Shelter means a building that contains one or more beds, and where occupancy of all beds
may be arranged with no minimum length of stay. A shelter facility may or may not have
food preparation facilities, and shower or bath facilities may or may not be shared. A
shelter is a service use.
Siding means the material on the exterior of the building to make it weatherproof.
Sign means a structure, device, light or natural object including the ground itself, or any
part thereof, or any device attached thereto, or painted or represented thereon, which is
used to identify, advertise, or attract attention to any project, product, place, activity,
person, institution, organization, firm, group, commodity, profession, enterprise, industry
or business, or which shall display or include any letter, work, model, number, banner, flag,
pennant, insignia, device or representation used as an announcement, direction, or
advertisement, and which is intended to be seen from off the premises or from a parking
lot. The word 11signif shall include signs which are affixed to the inside of windows and glass
doors and are intended to be seen from roadways or parking lots.
• Awning Sign means a sign affixed flat to the surface of an awning which is used
solely for the purpose of identification of the business or use and contains no other
Commercial Message.
• Billboard Sign means any sign located on private property designed for use with
changing advertising copy and which is normally used for the advertisement of
goods produced or services rendered at locations other than the premises on which
the sign is located.
• Canopy Sign means a sign affixed flat to the surface of an awning canopy which is
used solely for the purpose of identification of the business or use and contains no
other Commercial Message.
• Construction Sign means a temporary sign erected on the premises on which
construction is taking place, during the period of such construction, indicating the
names of the architects, engineers, landscape architects, contractors or similar
artisans, and the owners, financial supporters, sponsors and similar individuals or
firms having a role or interest with respect to the structure or project.
• Electronic Sign means any sign that uses changing lights to form a sign message or
messages wherein the sequence of messages and the rate of change is
electronically programmed and can be modified by electronic processes.
• Ground Sign means freestanding sign which is permanently affixed to the ground
and not supported in any manner by a building which is located on the same
property as the use advertised by the sign.
• Illuminated Sign means a sign that provides artificial light directly, or through any
transparent or translucent material, from a source of light connected with such sign,
Chapter 3. 45
Definitions
or a sign illuminated by a light focused, upon or chiefly directed at the surface of the
sign.
• Projecting Sign means a sign attached to and projecting outward from a building
face or wall, generally at a right angle to the building. This term includes a sign that
is located entirely or partially in the public right-of-way, as well as a sign that is
located entirely on private property.
• Sandwich Board (Temporary Sign) means a non-illuminated sign consisting of two
(2)flat surfaces joined at one end and resting on the ground.
• Sign Face means the area of the surface of any sign within the outer edge of the
frame or border of a sign. In the case of two sided or back to back signs, only one
face shall be used in computing the area of the sign face.
• Sign Area means the area of the smallest triangle, rectangle or circle or semicircle
which can wholly enclose the surface area of the sign. All visible faces of a multi-
faced sign shall be counted separately and then totaled in calculating sign area.
Three dimensional signs shall be treated as dual-faced signs, such that the total area
shall be twice the area of the smallest triangle, rectangle or circle or semicircle
which can totally circumscribe the sign in the plane of its largest dimension.
• Wall Sign means any sign painted on, attached to, or erected against the wall of a
building or structure with the exposed face of the sign in a plane parallel to the
plane of the wall. Wall signs shall not include signs on awning or canopy.
Site means:
• A plot of land intended or suitable for development.
• The ground or area on which a building or town has been built.
Slope means the rate of vertical change of ground surface expressed as a percentage
figure and determined by dividing the vertical distance by the horizontal distance.
Solar Collector, Accessory means a device capable of collecting and converting solar
energy into electrical energy primarily for consumption by the main use of the property on
which the device is located.
Solar Collector, Main means a device capable of collecting and converting solar energy
into electrical energy primarily for the purposes of off-site consumption.
Solar Farm means is a large collection of many solar panels, mounted on the ground in
one central place.
Sports field means a landscaped recreational site designed for playing outdoor team
sports such as a baseball field, soccer field, running track, or a football field.
Stepback means a design plan that recesses from the front line of a structure the front of
the rise of the upper stories of the same structure in a step-like manner.
Chapter 3. 46
Definitions
Storage means the placement of goods, materials, equipment, automobiles, or any type of
machinery in a specific location with no intent of display for retailing, rental, or wholesaling
purpose.
Storey means the space of a building between a floor and a ceiling or between the floor
and the roof where more than 90% of the space between the floor and the ceiling or roof is
at least 2 metres (6.6 feet) in height. Any portion of a building partly below grade level shall
not be deemed a Storey unless its ceiling is at least 2 metres (6.6 feet) in height above
grade.
• 1/2 Storey means a storey where the habitable area (i.e. with a height between the floor
and the ceiling or roof of at least 2 metres) is equal to at least 50% of the habitable area of
the 1 st storey. If a storey has at least 90% of the habitable area of the 1 st storey, it shall be
deemed a full storey.
Street line means the limit of the street or road allowance and the dividing line between a
lot and street or road.
Streetscape means the scene as may be observed along a public street, composed of
natural and man-made components including buildings, paving, planting, street hardware
and miscellaneous structures.
Street wall means the vertical plane parallel to the street in which the front building
facades of the majority of the buildings along a street are located.
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.
Subdivision means the process (and the result) of dividing a parcel of raw land into smaller
buildable sites, blocks, streets, open space and public areas and the designation of the
location of utilities and other improvements.
Supportive Housing means a service use licensed or approved by a government agency
that provides care and or supervision on a 24-hour basis by professional staff for people
who need assistance to live independently in a setting that attempts to emulate a home
atmosphere. Supportive housing may house people who are elderly, fleeing violence or
abuse, have disabilities, or mental health issues.
Telecommunications Tower means any tower or structure, natural or man-made, existing
or erected, used to support one or more antennas, including self supporting lattice towers,
guyed towers, or monopoles. This term includes radio and television transmission towers,
microwave towers, common carrier towers, wireless telephone towers, alternative tower
structures and the like.
Tourism Use means the use of land for the purposes of serving the traveling public and
may include more than one of the following:
• tourist cottages
• restaurant uses
Chapter 3. 47
Definitions
• banquet hall
• farm gate establishment
Tourist cottage means a building, or part of a building within a tourist cottage complex
designed to provide temporary accommodations for the travelling public which are built as
an independent and separate housekeeping establishment with separate culinary and
sanitary facilities.
Tourist cottage complex means a service accommodations business, licenced by
Province, comprised of two or more tourist cottages used to accommodate the travelling
public for gain or profit by supplying them with temporary sleeping accommodations and
where the accessory uses could include an administrative office, assembly hall,
convenience store, swimming pool, and recreational facilities.
Traffic Authority means the Department. of Engineering & Public Works for the CBRM
where responsibility to maintain the public street/road is the Regional Municipality's and
the Nova Scotia Department of Public Works when the responsibility to maintain the public
street/road is the Province of Nova Scotia.
Transportation means an establishment where the main use involves transporting. It
includes:
• transportation personal service businesses such as taxi and shuttle vans;
• transportation general service businesses such as buses, moving companies,
transport and delivery; and
• transportation terminals.
Transportation terminal means a facility or terminal where one mode of transport is
changed for another (e.g. ship to truck) and shall include all storage and distribution
facilities, servicing and repairing facilities. Such terminals are divided into three categories:
• road/air (i.e. airport);
• road/rail/marine (i.e. ferry terminals);
• road/rail (i.e. train station); and
• road/road (i.e. national or international delivery for regional distribution).
Unlisted road means any existing road, street, avenue, drive, lane, walk, place, or
extension which is not:
• a public street/road as defined in this Bylaw;
• a private road as defined by this Bylaw;
but it is used to provide motor vehicle access to lot parcels from its intersection with a
public street/road with a range of civic addresses assigned to it for 911 purposes. Unlisted
roads may not have a defined right-of-way reserve, may or may not be receiving Public
Works services from CBRM, and the range of services can vary from one unlisted road to
another.
Chapter 3. 48
Definitions
Utility means any above ground building or structure which is used for the provision and
operation of energy, water, sanitary sewage system, or telecommunication service for
public consumption, benefit, or use.
Variance means a relaxation of the terms of the zoning by-law where such variance will
not be contrary to the public interest and where, owing to conditions peculiar to the
property and not the result of the actions of the applicant, a literal enforcement of the by-
law would result in unnecessary and undue hardship.
Veterinary Clinic means a building or part of a building used for the care, diagnosis, and
treatment of sick, ailing, infirm, or injured animals, and those who are in need of medical or
surgical attention.
Wall means a partition supported by the building's foundation that is intended to enclose
the building's interior and support the building's roof. A building's interior means the inside
of a building enclosed by walls and a roof which is essentially only open to the outdoors by
means of openings that, by design, can be closed and sealed easily e.g. doors and
windows.
Waste Facility means an industrial site used for the treatment, source separation, storage,
transportation, transfer or disposal of solid waste and organic material.
Warehouse means a building or part of a building used primarily for the storage and
wholesale distribution of goods, wares, merchandise associated with a sales business
development.
Wind Farm a grouping of more than one interconnected wind turbine on one lot or
abutting lots used for the purpose of converting wind power to produce electricity. These
typically require a central computerized monitoring system that monitors the operation of
the turbines.
Wind Turbine, Small Scale means a device for converting wind power to electricity, which
has a nameplate capacity of not more than 100 Kilowatts (kW) and which is intended
primarily to reduce on-site consumption of utility power.
Wind Turbine, Large Scale means a device for converting wind power to electricity, which
has a nameplate capacity of more than 100 Kilowatts (kW) and generates power primarily
for sale to a third party and which may be developed either as a stand-alone machine or be
grouped with others in a wind farm.
Wind Turbine Height means the height of a wind turbine tower plus the radius of the
roto r.
Yard means an open, uncovered space on a lot parcel between a building and a lot parcel
boundary. Any yard between a main building and the public street/road boundary shall
extend across the full width of the lot parcel.
• Flankage yard means a side yard adjoining a street on a corner lot extending from
the front yard to the rear yard.
Chapter 3. 49
Definitions
• Front yard means a yard extending across the front of a lot, from side lot line to
side lot line, and from the front lot line to any vertical part of a main structure that
supports a roof.
• Rear yard means that part of a lot which extends across the full width of a lot
between the rear lot line and nearest wall or supporting member of a principal
building or structure.
• Side yard means a yard extending from the front yard to the rear yard of a lot
between a side lot line and the nearest wall of any main building or structure on the
lot.
Yurt means a round, domed shelter of cloth or canvas on a collapsible frame with that
does not contain kitchen and sanitary facilities.
Zone means the category of use or activity of land, buildings, structure or activities
permitted by this By-law.
Chapter 3. 50
Definitions
ri ��
��,,,
tg Y�,
4.1, ACCESSORY BUILDINGS AND STRUCTURES
4.1 1 ., Geiiineiiia iiia ovisiiiia
s
a) Except as otherwise provided by this By-law, any lot containing a main building or
use may also contain one or more accessory buildings or structures subject to the
requirements of this Section.
b) Shipping containers shall be permitted as an accessory structure in non-Residential
zones within the Service Area Boundary and all other zones outside of the Service
Area Boundary, subject to this Section 4.1.
c) In addition to the provisions of Section 4.1, shipping containers shall only be
permitted as an accessory structure in Residential zones if the exterior has the same
or similar exterior cladding as the main residential building. For clarification paint is
not considered exterior cladding.
d) Except as otherwise provided by this By-law, an accessory building or structure shall
not be erected, placed, or altered so as to be in the required front or flankage yard
of a main building or structure.
e) Accessory buildings shall be of a similar appearance and design as the main
building;
4."'1 2. Fota��� I...,ot Coverage
The total lot coverage of all accessory structures, shall not exceed:
a) Within a Residential Zone: 75m2 or 5% of the lot area up to a maximum of 150m2,
not exceeding the lot occupancy requirements;
b) All other zones: 75m2 or 5% of the lot area up to a maximum of 250m2, not
exceeding the lot coverage requirements.
4."1 3., side &nd [Rear Yard Setbabk [RequireImeIIIA ts
a. Residential
Any accessory residential building or structure may be built or located in a side yard or
rear yard provided that it be a distance of at least 0.6 metres (2 feet)from the side lot
line or rear lot line, except if the floor area of the accessory building exceeds 93sq. m
(1,000 sq. ft.), or its height exceeds 3.7 metres (12 feet), in which case it shall be in
compliance with the setbacks for the main building.
b. All other uses
Non-residential accessory building or structure shall be at least 1.2 metres (4 feet)from
the side lot line or rear lot line.
Chapter 4. 52
General Provisions
4.1my 4.., [IIII IIIA t Yard Setbadk 1"Requirements
No accessory building or structure may be placed within the required front yard setback
area of the zone.
4.1 5. [--l e i g t
a) Residential
No accessory building or structure shall exceed the height of the main building on a
lot in a residential zone and in no case shall it exceed 9 metres in height measured
from average grade to the highest point of any portion of the roof.
b) All other zones
No accessory structure, excluding a satellite dish and telecommunication tower,
shall exceed a maximum height of 11 metres. Where abutting a residential zone;
accessory buildings over 9 metres will require an additional 1 metre side and year
yard setback for each additional metre in height to a maximum of 5 metres.
4.`1 6,, Accessary BuIIII hngs an Canner 1...............ats
No accessory building or structure shall be erected on a corner lot at a distance from the
street line less than the front yard and corner lot side requirements for the main building.
4.2. ACCESSORY DWELLING UNITS
A lot containing a one or two unit dwelling may also contain accessory dwelling unit as a
secondary use in a separate building subject to the following:
a) The accessory dwelling unit suite shall not exceed a maximum gross floor area of
72 square metres;
b) The height of an accessory dwelling unit shall not exceed the height prescribed for
an accessory building in Section 4.1 of this By-law;
c) The accessory dwelling unit shall be in the rear yard of the main building;
d) The accessory dwelling unit shall be of a similar appearance and design as the
main building;
e) The accessory dwelling unit shall be serviced from the main dwelling unit. A
separate, independent connection to municipal services is prohibited;
f) Each lot is limited to one accessory dwelling unit; and
g) Subdivision of an accessory dwelling unit to create a flag lot is prohibited.
Chapter 4. 53
General Provisions
4.3. AGRICULTURAL ANIMALS IN RESIDENTIAL ZONES
The keeping of Agricultural Animals as personal use in Residential zones is subject to the
provisions of the Responsible Animal Husbandry By-law.
4.4* DAY CARE FACILITY
Where permitted by this By-law, a Day Care Facility shall be subject to the following
requirements:
a) A Day Care Facility complies with the daycare regulations of the Province of Nova
Scotia;
b) Any fenced or outdoor play area shall be in the rear yard;
c) Notwithstanding (b), a fenced or outdoor play area may be in the side yard if it is
located behind the building line of the main structure;
d) Pick-up and drop-off of children may occur on-site and shall have limited impact on
neighbourhood traffic patterns.
4.51* ENCROACHMENTS AND PROJECTIONS
4.5.1 .. Permitted from Required Setbacks
The following structures or appurtenances may project into the prescribed setbacks of a
zone, provided the following setbacks are adhered to:
Structures Setback Affected Minimum Setback from the
Property Boundary
Sills, belt courses, Any setback 0.6 metres
cornices, gutters,
chimneys, pilasters
Eaves Any setback 0.75 metres for a main building or
accessory building with a height
greater than 3.5 metres or a total
floor area greater than 90 square
metres
No exemption for all other
accessory buildings
Window Bays From public street and lot parcel 0.5 metres
boundary furthest from public street
Chapter 4. 54
General Provisions
Canopy Any setback No limit
Fire escapes and All setbacks except from public street .5 metres
exterior staircases
Balconies From public street and lot parcel 1 metre
boundary furthest from public street
only for one unit dwelling, two unit;
any setbacks for other residential
buildings
4.6. KEEPING OF FISHERY EQUIPMENT
a) The storage of dormant fishery equipment shall be permitted in all zones within 300
metres of a harbour shoreline by Site Plan Approval. Site Plan Approval is subject to
the following:
i. The fishery equipment shall be screened from any residential dwelling or
accommodation use. Screening shall be provided by fence or vegetation such
as a hedge;
ii. The volume of storage shall be minimized and the location shall be selected
so to prevent the storage area from being visible to adjacent residential
parcels.
b) The storage of dormant fishery equipment shall be permitted in all zones within 300
metres of the Atlantic Ocean subject to the following provisions:
i. The subject site shall have a minimum lot area of 4000 square metres
ii. The storage area shall be setback a minimum of 30 metres from a dwelling.
4.7. HEIGHT EXCEPTIONS
The height restrictions of this By-law shall not apply to church towers, chimneys, water
storage tanks, telecommunication towers, or to structures housing mechanical equipment.
4.8. HOME BASED BUSINESSES
4.8.1 . Home Based Business General Standards
In addition to all other requirements of this By-law, the following shall apply to all Home
Based Businesses:
a) A Home Based Business may be permitted as an secondary use within a dwelling
unit or an accessory building, or both for the same business, and must be clearly
secondary to the residential use;
Chapter 4. 55
General Provisions
b) Unless the business is a bed & breakfast, the floor area devoted to a Home Based
Business, whether located in the dwelling unit or accessory building or both, shall
not exceed the lesser of 25% of the floor area of the dwelling unit or 50M2 (538ft);
c) The owner of the home business must be a resident in the same dwelling unit;
d) When the Home Based Business operates from an accessory building, the
accessory building shall meet the regulations for accessory buildings as described
in Section 4.1;
e) No exterior changes will be permitted which would change the architectural
appearance of the dwelling;
f) Employees and operators of the home-based business shall be limited to the
owner of the business plus one additional staff;
g) The Home Based Business will meet the signage requirements as set out in
Sections 4.22 of this By-law;
h) The following environmental standards shall apply:
i. No physical hazards or nuisance including fire, toxic waste, explosion, glare
or vibration to adjacent properties;
ii. No discharge of any waste material or pollutant onto the ground of property
or adjacent property or any waterway or drainage Facility; and
i i i. Outdoor storage must be located in the rear yard containing the Home
Based Business and screened;
i) Retail sales are limited to those produced on site and shall be secondary to the main
Home Based Business.
4.8 2., Piiia iii itted [IameBased Bushnesses
The following Home Based Businesses are permitted in any zone:
a) Art or Craft Person Studio
b) Bed & Breakfast, subject to 4.8.3
c) Business Office
d) Catering Establishments, excluding incidental retail sales
e) Food Processing Cottage Industry
f) Home Day Care
g) Instruction Services; up to 4 students at one time
h) Medical Clinic
i) Personal Service
Chapter 4. 56
General Provisions
j) Repair
4.8 �o SpedIIIA ditiIII s far Bed and Rrasts
Bed and Breakfasts shall:
a) Be limited to one unit dwellings;
b) Limit Bed and Breakfast operations to no more than 10 sleeping units in the
building or as regulated by the appropriate provincial department;
c) Not permit any sign visible from the outside of the house, advertising the existence
of the Bed and Bre(Utakfast, or Inn or the availability of a room except:
(i) in a Residential Zone, one non-illuminated sign attached to the building not
exceeding 0.4 square metres in area is permitted;
(ii) in all other zones, one non-illuminated fascia sign not exceeding the
provisions in this By-law under Section 8 for a fascia sign.
d) Not permit a Support Facility, Home Occupation or Daycare Facility on the same lot;
4,,9,, IRREGULAR AND FLAG LOTS
4.9 1 . wwwa g 1...............ats Mt�ihn t��ieSiii vice Area Boundary
Subdivision that would create a new flag lot within the Service Area Boundary is not
permitted.
4.9 2. wwwa g 1...............ats Outside of t��ie Service Area Boundary
a) A maximum of two flag lots may be created from a lot that existed previous to the
coming into effect of this By-law;
b) A flag lot must satisfy all zone standards with the exception of frontage;
c) Subject to Subsection (b), the 11polell of a flag lot shall be a minimum of 6 metres
wide;
d) The "pole" of the flag lot shall be excluded when calculating lot coverage.
4.10., FRONTAGE ON A STREET/ROAD
Unless otherwise permitted by this By-law, the Development Office shall only issue a
Development Permit if the lot parcel intended for development abuts:
a) A public street/road, as defined by the By-law;
b) A private road, as defined by the By-law; or
c) An unlisted road which is identified in CBRM centerline database.
Chapter 4. 57
General Provisions
4,11, LANDLOCKED PARCELS
Parcels that do not front onto a public or private road, may be developed in accordance
with the following provisions:
a) For uses permitted in a zone; proof of legal easement of a minimum constructed
width of 3 metres shall be required; and
b) For uses permitted by Site Plan Approval, frontage and access requirements will be
considered as part of the Site Plan Approval Process.
c) Landlocked parcels accessed via an easement must all comply with the provisions in
Section 4.21 Share Driveways.
41,12. LANDSCAPING
4.12.1 . Landscaping andscaphng Gene4l Requirements
a) Landscaping is required whenever the development of a main building or structure
is undertaken;
b) Required landscaping shall be completed within one year from the issuance of a
Development Permit;
c) Landscaping shall include trees, grass, other vegetive ground cover, shrubs, bushes,
landscaping mulch, decorative stone, or structures used to embellish the overall
design but does not include asphalt or compacted gravel.
d) All required front and flankage yards and any areas not occupied by a building,
structure, parking area, driveway, or walkway shall be landscaped;
4,13., LANDSCAPING AND STORMWATER MANAGEMENT PLANS FOR
LARGE DEVELOPMENTS
Any development within CBRM with a ground floor area exceeding 1,000M2 or greater shall
be required to prepare a landscaping plan and stormwater management plan to the
satisfaction of CBRM Engineering and Public Works and the Development Officer.
4.14. MORE THAN ONE USE ON A LOT
4.14.1 . General
Where more than one use is proposed for a lot or a building is proposed to be used for
more than one use:
a) conformity to the provisions for each use is required;
Chapter 4. 58
General Provisions
b) if conformity cannot be obtained, the more stringent provision prevails.
. i
id ti idi a g s
a) Inside the Service Area Boundary, the maximum number of one unit dwellings or
Supportive Housing permitted on the same lot parcel shall be one, except where
one unit dwellings (mobile homes) are permitted within the Mobile Home Park
Zone. Outside the Service Area Boundary, the maximum number of main one unit
dwellings permitted on the same lot parcel shall be two.
b) Two or more two-unit dwellings, apartment buildings or townhouses, or any
combination of these three residential land use types, shall be permitted on the
same lot parcel provided they are serviced by both a CBRM water main and a
sanitary sewer main.
c) Notwithstanding Subsections a), b), and c), any combination of residential land use
types shall be permitted on the same lot parcel when they are within a
condominium development registered pursuant to the Condominium Act.
4,151, MEDICAL CLINICS
a) Medical clinics are permitted in all zones, except the Environmental Protection (EP)
zone;
b) Where Health Care is identified as a permitted use, medical clinics shall be
permitted subject to the zone provisions in effect for the given zone; otherwise,
medical clinics shall be permitted Site Plan Approval in accordance Section 2.13.2 of
this By-law and the following table:
Public Street/Road Level Maximum Density Maximum Density
Threshold Threshold
2 or more storeys 1 storey
Level T, Z, and 3 1 consulting room per 140 1 consulting room per 275
square metres of the land square metres of the land
parcel parcel
Level 4 1 consulting room per 185 1 consulting room per 370
square metres of the land square metres of the land
parcel parcel
c) Medical clinic shall only be permitted by zone amendment if the density is greater
than the maximum threshold prescribed by Subsection (b) above, or if accessed by a
Level 5 public street/road.
Chapter 4. 59
General Provisions
4e16. LONG TERM CARE FACILITIES
4.16.1 . Beds p e r Lot ot Parcel Area
a) New long term care facilities are permitted in all other zones, except the
Environmental Protection (EP) zone.
b) Where Health Care is identified as a permitted use, long term care facilities shall be
permitted subject to the zone provisions in effect for the given zone; otherwise, long
term care facilities shall be permitted in compliance with the provisions below;
i. For Long Term Care Facilities with up to and including 25 beds shall be
permitted by Site Plan Approval in accordance with Section 2.13.2 of this By-
law and the following table:
Public Street/Road Level Maximum Density Maximum Density
Threshold Threshold
2 or more storeys 1 storey
Level T, Z, and 3 1 bed per 90 square metres 1 bed per 180 square
of lot parcel metres of lot parcel
Level 4 1 bed per 140 square 1 bed per 230 square
metres of lot parcel metres of lot parcel
Level 5 1 bed per 275 square 1 bed per 370 square
metres of lot parcel metres of lot parcel
ii. For Long Term Care Facilities with 26 up to and including 50 beds shall be
permitted by Site Plan Approval in accordance with Section 2.13.2 of this By-
law and the following table:
Public Street/ Road Level Maximum Density Threshold
Level T, Z, and 3 1 bed per 140 square metres of lot parcel
Level 4 1 bed per 180 square metres of lot parcel
i i i. For Long Term Care Facilities with greater than 50 beds shall be permitted by
Site Plan Approval in accordance with Section 2.13.2 of this By-law and the
following table:
Chapter 4. 60
General Provisions
Public Street/ Road Level Maximum Density Threshold
Level 1, 2, and 3 1 bed per 180 square metres of lot parcel
Level 4 1 bed per 275 square metres of lot parcel
iv. Long Term Care Facilities shall only be permitted by zone amendment if the
density is greater than the maximum threshold prescribed.
4,171., OUTDOOR STORAGE
Where any portion of a lot is proposed to be used for Outdoor Storage, the following shall
apply:
a) Any area devoted to open storage shall not exceed 50 % of the lot area;
b) No outdoor storage shall be permitted within any required front yard; and
c) No outdoor storage shall be permitted within any yard where such yard abuts any
Residential Zone or residential use, except where a fence or other visual and
physical barrier is provided within the abutting yard.
41,18. PARKING AND LOADING
4.18.1 . General Provisions
a) There are no minimum parking requirements in any zone
b) Except as otherwise provide in this By-law, a parking area of more than five vehicles
located within the Service Area Boundary is required:
i. to be paved and all parking spaces delineated with painted lines;
ii. to be separated from any public street/road by a distance of at least 1.8
metres (6 ft.) and be no closer than 0.9 metres (3 ft.)from any other lot
parcel boundary and this area shall comply with this By-law's definition for
landscaped open area;
iii. The setbacks outlined in Subsection (ii) do not apply to parking areas that
existed prior to the adoption of the Land By-law.
c) Except as otherwise provided in this By-law, a parking area of more than five
vehicles developed within 10 metres of an abutting Residential zone, shall be
screened from the abutting residential property with a fence or coniferous hedge of
a minimum height of 1 metre;
d) Except as otherwise provided in this By-law, parking areas shall have unobstructed
independent access to a public street, be located on the same lot parcel, and be
Chapter 4. 61
General Provisions
within a zone permitting the use;
e) Notwithstanding Subsection (b), parking areas located in the rear yard of an
Industrial zone are not required to be paved;
f) A parking lot for 50 or more parking spaces shall delineate a pedestrian crossing
area with paint to ensure the safe movement of pedestrians through the area;
4.."1 8.2. iiia iveway Access
a) The number of driveways shall be limited to two per public street/road frontage for
each public street/road on which the lot parcel fronts.
b) Driveways shall not be closer than 4.5m (15 ft.)to another driveway serving the
same lot parcel;
c) All driveways to a corner lot shall be located no closer than 12 metres (40 ft.)from
the intersection of the lot lines along two streets except that where these
requirements make access impossible or impractical, the Development Officer may
approve a driveway closer to an intersection; provided that the driveway or is
located as far from the intersection boundary as possible and complies with all
other provisions of this By-law;
d) The maximum width of a driveway at the public street/road boundary for a lot
parcel with five or more parking spaces shall be 7.9 m (26 ft.)for one way traffic or
11 m (36 ft.)for two way traffic, except at a signalized intersection authorized by the
traffic authority, in which case the maximum width may be increased;
e) The maximum total width of a driveway(s)for a lot parcel with less than five parking
spaces shall be 7.9 m (26 ft.) at the public street/road boundary and the total area
devoted to parking or aisles in the front yard shall not exceed 40 % of the area of
the front yard.
4.."1 8.3. rkhng Space &nd Ais����e
a) Individual parking spaces shall have the minimum dimension of 2.7m by 6m;
b) Parking space shall have adequate access to permit ingress or egress of a motor
vehicle;
c) All parking spaces shall be independently accessible without requiring the
movement of a vehicle or vehicles occupying any other parking space, to and from a
public street/road or highway by means of driveways, aisles or maneuvering areas.
d) A minimum aisle width of:
i. 3.5m for one way traffic;
ii. 6m for two way traffic.
Chapter 4. 62
General Provisions
.1 .4. G eIII III a 1...........,,,o a d i III i IIIc III III 't s
Off-street spaces not less than 9.1 m long and 3.6 m wide and overhead clearance of 4.2 m
shall be provided for loading for every building or structure used for any purpose involving
the use of vehicles for the receipt or distribution of materials, as set in the following table:
Total Floor Area Number of Spaces
Up to 1,860 square metres 1
1,860 to 4,650 square metres 2
For each additional 4,650 square metres 1
4.. 18.5. Bi � ParkIII
ng
a) Bicycle parking shall be provided on any residential development of 20 units or
more;
b) Bicycle parking shall be provided with the construction of new non-residential
development of 2000 square metres of gross floor area or more;
c) Bicycle parking shall be provided via a rack or storage locker that is securely
attached or anchored so as to be permanently affixed;
d) In a residential development; bicycle parking shall be provided at a ratio of.25
bicycle parking spaces per residential unit;
e) In a new non-residential development; bicycle parking shall be provided at 0.2
spaces per 100 square metres of gross floor area; and
f) Where calculation of the total number of bicycle parking spaces yields a fractional
number:
i. any fraction less than one-half(0.5) rounds down to the nearest whole
number (including zero); and
ii. any fraction one-half(0.5) or greater rounds up to the nearest whole
number.
4.19. SECONDARY SUITES
A one or two unit dwelling may also contain a secondary suite subject to the following:
a) Shall not exceed 72 square metres of the gross floor area;
b) Shall have an entrance to the side or rear of the building; and
c) The presence of a secondary suite shall not change the exterior appearance of the
building.
Chapter 4. 63
General Provisions
4.20. SEVERED PARCELS
A Development Permit may be issued for a lot parcel severed by a railway lot parcel,
provided in all cases:
a) the lot parcel is accessible by means of a legal easement; and
b) the legal easement described in (a) shall extend from the lot parcel to the public
street/road, excepting the railway lot parcel and any rail right-of-way reserve.
4,21. SHARED DRIVEWAYS
Notwithstanding anything in this By-law, a shared driveway is permitted, subject to the
following provisions:
a) A shared driveway shall service no more than 3 lot parcels;
b) A shared driveway servicing more than 3 lot parcels shall be constructed to
private road standards;
c) For lots not fronting onto a public street, proof of legal easement shall be
required;
d) This Section does not apply to Dwelling Groups or Commercial Groups.
4,22. SIGNS
4.22.1 . General Provisions
a) Other than a traffic control device as defined by the Motor Vehicle Act, or a legal
notice, no sign may be placed, erected or displayed on any land, building or
structure, except in conformity with this By-law.
b) Notwithstanding other sections of this By-law, no person shall erect a sign without
first obtaining a permit from the Development Officer and no permit to erect a sign
shall be issued unless all the sign provisions of this By-Law are satisfied.
c) Other than a traffic control device as defined by the Motor Vehicle Act, no sign shall
be illuminated intermittently or incorporate flashing in any way.
d) The Development Officer or the Traffic Authority may require the removal of any
sign or parts thereof, which in their opinion may constitute a hazard.
e) A temporary or mobile sign that is not affixed to the ground, a building, or structure
are not regulated under the Land Use By-law, but may be regulated under other
Municipal By-laws.
f) Signs oriented toward a Provincial Highway requires approval from the relevant
Chapter 4. 64
General Provisions
Provincial Authority.
4.22.2., S i iin s P e iii iii i tt e d i iiia A Z iii e s
Notwithstanding anything else in this By-law, the following signs shall be permitted in any
land use zone and do not require a permit from the Development Officer:
a) A real estate sign with an area not exceeding 2 square metres in a Residential Zone
or 3 square metres in any other zone. A real estate sign shall be placed on the
property in which it is advertising sale;
b) A directional sign subject to the following:
i. A maximum of one directional sign for each entrance, exit, and drive through
lane is permitted;
ii. With the exception of a logo, a directional sign is limited to the purpose of
directing vehicle and pedestrian traffic to an access or driveway on the same
lot;
i i i. A directional sign shall not exceed a maximum sign face area of.5 square
metres;
iv. A directional sign shall not exceed 1.5 metres in height;
V. A directional sign shall have a minimum setback of 1.5 metres from a front,
flankage, or side lot line and a minimum setback of 1 metre from the edge of
a paved or painted lane of access or driveway.
c) A point-of-purchase sign;
d) An entrance identification sign;
e) A public welfare or safety sign authorized by the Municipality or the Province
including a directional or traffic sign outside of a public street or right-of-way;
f) A sign identifying a hazard of danger on a lot;
g) A memorial or foundation sign on a building;
h) A sign that identifies the address of a residence, the name of the resident, or a sign
regulating the conduct of a person on the lot, provided such a sign does not exceed
.5 metres in total sign face area;
i) A flag, banner, or emblem representing a country, province, municipality, or non-
commercial organization.
4.22.3., S i iii iii i b i t e d i iiia A Z iii e s
Except as otherwise provided in this By-law, the following signs are not permitted:
Chapter 4. 65
General Provisions
a) A sign, other than a traffic control device defined under the Motor Vehicle Act, shall
not use words or lights that may mislead, confuse, or interfere with traffic along a
public street.
4..2 2�.14., B i b o a III d S i III s
A billboard sign may be placed, erected, or displayed subject to the approval of the
Development Officer and subject to the following requirements:
a) A Billboard Sign shall be permitted only in Commercial, Rural, and Industrial zones
b) A Billboard Sign's sign face shall not exceed a length greater than 10 metres or a
height greater than 4 metres;
c) A Billboard Sign shall be setback 3m from a street and 1.5m side and rear yards.
d) A Billboard Sign shall not be within 250 metres of another Billboard Sign;
e) Notwithstanding Subsection (d)two Billboard Signs may be located together as a
unit if the total sign face length does not exceed 15 metres;
4.. °�. Awnhng And Canopy Signs
Awning and Canopy signage is permitted in non-Residential zones and is subject to the
following requirements:
a) An awning sign shall be attached below the level of the second floor windows of a
building;
b) An awning sign shall have a minimum clearance of 2.5 metres above a sidewalk or
walkway; and
c) An awning sign shall not exceed a maximum projection of 1 m over a sidewalk or
walkway.
4..2 2�.6. Ground Signs
GENERAL PROVISIONS FOR GROUND SIGNS
a) All Ground Signs shall be located no closer to a street line than the lesser of:
i. 3 metres;
ii. No closer to a side or rear lot line than 1.5 metres.
b) The height of a Ground Sign shall not exceed the maximum height permitted in the
zone in which the sign is located.
GROUND SIGNS IN RESIDENTIAL ZONES
A Ground Sign shall only be permitted in a Residential Zone with the following maximum
0.5 square metres for each sign face to a maximum of 1 square metre total all sign faces.
Chapter 4. 66
General Provisions
GROUND SIGNS IN COMMERCIAL ZONES
A Ground Sign shall only be permitted with the following maximum sign face area:
a) In the Downtown Commercial Zones 3 square metres for each
face
6 square metre total all faces
b) In the Regional Commercial and Business Park 7.5 square metre for each
Zones face
15 square metres total of all
faces
c) In the General Commercial Zone 5 square metres for each
face
10 square metres total of all
faces
d) Other 2.5 square metres for each
face
5 square metres total of all
faces
GROUND SIGNS IN OTHER ZONES
a) In the Industrial Zones 9 square metres for each
face
18 square metre total all
faces
d) In the Environmental Protection Zone 2.5 square metres for each
face
5 square metres total of all
faces
e) In the Rural Zone 3 square metres for each
face
6 square metres total of all
faces
Chapter 4. 67
General Provisions
4.223. III ojectIII ng Wa�kd� Signs
Projecting Wall Signs are permitted in all Commercial, Rural and Industrial Zones, and are
subject to the following requirements:
a) The Projecting Wall Sign shall be no larger than 2 square metres in area;
b) The sign shall not exceed a projection of 1.5 metres from the building; and
c) The sign shall be no less than 2.5 metres high at its lowest point.
4.22.8. Femparary Signs
Sandwich Board Signs and similar signs are considered to be temporary or mobile signs are
not regulated under the Land Use By-law, but may be regulated under other Municipal By-
laws.
4.22. Signs
a) A Wall Sign shall be parallel to the wall to which it is affixed;
b) A Wall Sign shall not cover a fence or roof;
c) Wall Signs in a Residential zone shall be placed on a wall oriented towards the
street;
d) Wall Signs in Residential Zones shall not be illuminated from within;
e) Any illumination shall be downcast upon the sign to lessen impact on the
surrounding environment;
f) No sign shall be illuminated intermittently or incorporate flashing in any way.
WALL SIGNS IN RESIDENTIAL ZONES
A Wall Sign shall only be permitted in a Residential Zone with the following maximum sign
face area of 0.5 square metres.
WALL SIGNS IN COMMERCIAL ZONES
A Wall Sign shall only be permitted with the following maximum sign face area:
a) Downtown Commercial Zone .5 square metres per metre
of occupied building frontage
for every business with an
external public entrance
b) Regional Commercial Zone .7 square metres per metre
of lot frontage
Or
Chapter 4. 68
General Provisions
.7 square metres per metre
of occupied building frontage
for every business with an
external public entrance
c) General Commercial Zone .5 square metres per metre
of lot frontage
Or
.5 square metres per metre
of occupied building frontage
for every business with an
external public entrance
d) Other Commercial .5 square metres per metre
of lot frontage
Or
.5 square metres per metre
of occupied building frontage
for every business with an
external public entrance
WALL SIGNS IN OTHER ZONES
a) Industrial Zones .5 square metres per metre
of lot frontage
c) Parks and Recreation Zone, Environmental .25 square metres per metre
Protection Zone, Rural and Agricultural Zone of lot frontage
a) Notwithstanding Section 4.21.3, nothing in this By-law shall prevent the placement
of sign which identifies the architects, engineers, contractors, or other professional
individuals or firms involved with the development occurring on the same lot, or an
announcement concerning proposed development on the same lot.
b) A construction sign shall not advertise any product.
c) A construction sign shall be removed within 14 days of the beginning of the
Chapter 4. 69
ProvisionsGeneral
intended use of the construction.
d) A construction sign:
i. shall not exceed 1.11 m2 in area for each firm; and
ii. shall not, in total, exceed 5.57 m2 in area.
4..22 . Eectranic Signs
Notwithstanding Section 4.21.3, an electronic message board sign may be erected subject
to the following requirements:
a) Electronic Signs are permitted in the Commercial, Institutional, and Industrial zones;
b) Notwithstanding Subsection (a), Electronic Signs are subject to the conditions of the
Development Officer on lots abutting Residential zones;
c) Only one electronic message board sign shall be permitted per lot;
d) An electronic message board shall adjust in brightness between daytime and
nighttime and shall be of a reduced brightness in the nighttime;
e) Where permitted, an electronic message board shall not exceed a maximum total
sign face area of 3.5 square metres.
4.23., SOLAR COLLECTORS
4.2 1 Sd�ar Cdk�ectalas Accessary Use
a) Solar collectors are permitted an accessory use in all zones subject to the conditions
prescribed in this Section;
b) Solar collectors attached to a building are not considered part of the building when
considering the building height;
c) A solar collector located on a pitched roof must not extend beyond the outermost
edge of the roof, but may:
i. project a maximum of 0.5 m from the surface of the roof when the solar
collector is located 5.0 m or less from a side property line, measured directly
from any point along the side property line; and
ii. where the solar collector is located more than 5.0 m from a side property
line, it may project a maximum of 1.3 m from the surface of the roof.
d) Ground mounted solar collectors shall:
i. conform to the setback requirements for accessory buildings; and
Chapter 4. 70
General Provisions
ii. be located in the side or rear yards only when accessory to amain use.
4.. .2. ii ctars (NAahn Use) anir [www iiia
Solar collectors and solar farms are permitted as a main use to in all zones subject to the
conditions prescribed in this Section. Solar collector as a main use and solar farms must
conform to the setback for a main use and require a Development Permit issued by the
Development Officer.
4.24., SUPPORTIVE HOUSING
Where permitted in this By-law, a dwelling may contain or be completely converted to,
supportive housing subject to the following:
a) Supportive Housing shall be limited to a maximum of nine beds;
b) Notwithstanding Subsection (a), Supportive Housing in excess of 9 beds, may be
permitted by Site Plan Approval in accordance with the following:
c) The Development Officer shall approve a site plan where the following matters have
been addressed. The Development Officer shall measure the degree of stringency
in interpreting the criteria so that it correlates with the scale of the development
and each and every feature of the development (e.g. buildings, parking area etc.),
and the proximity of the development, or any specific feature of it, to any other
development or streetscape intended to be protected by the criteria.
i. Parking shall be provided on the lot parcel and shall be screen from abutting
residential uses by an opaque vegetive buffer or fence or a combination
thereof;
ii. All existing vegetation shall be retained except where its removal is necessary
for the construction of the development;
i i i. Signs advertising the business shall be of a scale and style and so located that
they will not conflict with the streetscape;
iv. The location and orientation of any main buildings on the lot parcel must be
carefully selected to prevent buildings that are significantly larger than any one
unit or two unit dwellings in the vicinity(i.e. greater than 3 times the floor area,
and/or twice the height, and/or three times the length from looming over any
such residential dwellings or their yards);
v. Measures, including lot parcel grading, shall be required to adequately dispose
of storm and surface water;
vi. A minimum equivalent to 1/3rd of the floor area of the building shall be in
compliance with the definition for landscaped open area. That percentage may
be reduced to as low as 1/10th where the Development Officer is satisfied with
Chapter 4. 71
General Provisions
the design of a Certified Horticultural Technician or Architect;
vii. Ingress and egress points where the parking area is to be accessed from any
public/street/road shall be designed to ensure that any known significant traffic
problem identified by the Traffic Authority is not further exacerbated.
d) No bed and breakfast, backyard suite, home daycare, home occupation or
secondary suite is permitted in any building on the lot.
e) There shall not be any change to the exterior appearance of the building that would
indicate supportive housing is in the building, other than signs permitted in this By-
law.
f) The Development Officer shall notify assessed owners of properties within 30
metres of the proposed subject site of:
i. Their decision to approve the development; and
ii. To allow them to provide feedback on the proposed site plan.
4.251., TEMPORARY ACTIVITIES
Nothing in this By-law shall prevent the use of any land or the placement of any building or
structure, such as, but not limited to, a construction camp with no overnight
accommodation, an office trailer, a tool shed, lot preparation shed, scaffolding, provided
the temporary building or structure is removed within 14 days after the completion of the
work.
41.26. USE OF A FORMER COMMUNITY, EDUCATIONAL SERVICE, OR
MUNICIPAL BUILDINGS FACILITY
a) The conversion of a former community, educational service, or municipal building
into any combination of the uses listed below by site plan approval (pursuant to
Sections 231 and 232 of the Municipal Government Act) shall be permitted in any
zone where the uses themselves are not included in the list of uses permitted.
• apartment buildings
• artist/artisan establishment
• arts/entertainment studio
• business hall
• business office
• clothes cleaning business
• day care facility
• dwelling units
Chapter 4. 72
General Provisions
• funeral home
• accommodations
• indoor recreational business establishment
• medical clinic
• personal service business
• repair service
• shared dwelling
• scientific establishment
• townhouse
• tourist information center
b) The Development Officer shall approve a site plan incompliance with Section 2.13.2
of this By-law.
41.27. UNSERVICED DEVELOPMENTS
Notwithstanding other appropriate sections within this By-law, apartment buildings
permitted in zones within the Service Area Boundary must be connected to municipal
water, sanitary and (where available) storm systems.
4,28, UTILITIES
Public utilities, such as electrical substations, water supply stations or facilities, sewage
lifting station or treatment facilities, and electrical substations are permitted in any zone
subject to the issuance of a Development Permit in compliance with setback requirements
in the underlying zone. This does not include utilities facilities for the purposes of
generating electricity of energy, including power plants.
4.29., VEHICLE BODIES
No automobile, recreation vehicle, truck, bus, coach, street car, or any structure of similar
nature shall be used for habitation of humans or keeping of animals, unless otherwise
stated in each zone.
4.30., VENDORS SUBJECT TO THE VENDORS BY-LAW
a) Any business development that is subject to the provisions of the Vendors By-law
does not require a Development Permit under the Land Use By-law;
b) The Vendor's By-law requires, as a condition of licensing, that a proposed business
Chapter 4. 73
General Provisions
development be in compliance with the provisions of the Land Use By-law;
c) Any vacant site that has been previously occupied by a business development
similar to the proposed business development within the last 10 years, but is not
zoned for the proposed use, shall be considered to be in compliance with the Land
Use By-law if the former use can be verified by a source other than the applicant.
4.31a WIND TURBINES
4.31 .1 . &ma�kd� Whnd Fu iiia b i iii e s
a) A small wind turbine (SWT) shall only be permitted as accessory use in all zones.
b) A SWT shall be setback no less than 1.5 times the total height from the property
line.
c) All structures associated with the wind turbine, including guy wire anchors shall be
setback no less than 3 m from the property line.
4.31 .2. rge WhFu
1...............aSca����e nd rbhqes and Whqd ['111"I'larms
c) Large scale wind turbine or wind farm development are permitted as main uses in
all zones.
d) A large scale wind turbine shall be setback no less than 1.5 times the total height
from the property line.
e) All structures associated with the wind turbine, including guy wire anchors shall be
setback no less than 3 m from the property line.
Chapter 4. 74
General Provisions
°��I��I�'��,
'p
,'I
5.1. RESIDENTIAL USE SUMMARY TABLE
C C C C X X X
N W� � a1
Dwelling, One Unit P P P P P P P
Dwelling,Two Unit P P P P P P
Dwelling, Shared P P P P P
Dwelling, Shared up to four rooms P
Dwelling,Townhouse up to six units P P P P
Dwelling,Apartment more than six units SP SP P SP
Dwelling,Apartment up to six units P P P P
Dwelling, Group C C C C
Retail SP SP C C SP
Accommodation Use P
Business Office P P
Community Service P P P P P P
Cultural Service P P P P P P
Day Care Facility C C C C C C
Educational Use P P P P P P
Motor Vehicle Related C
Protective (only coastguard,fire,judicial, police) P P P P P P
Restaurant SP SP C C SP
Supportive Housing up to nine beds C C C C P P
Supportive Housing more than nine beds SP SP SP SP SP SP
y. �A =111011111
All P
All P
oz;d
Public Indoor and Outdoor P P P P P P
Boathouse P P
P=Permitted as-of-right C=Permitted with additional conditions SP=Site Plan Approval
Chapter 5. 76
5.1. ONE AND TWO-UNIT URBAN RESIDENTIAL
The One and Two Unit Residential (UR1) zone is made up of one- and two-
unit dwellings.The UR1 zone is applied to serviced or partially serviced
development in the Service Area Boundary generally taking a traditional
suburban format with one and two storey dwellings on orderly streets with
consistent front and side yard setbacks. The consistent suburban format is
encouraged through the permitting of lower density housing forms.
The One and Two Unit Residential zone is directed by policy in CBRM Forward, the Municipal Planning
Strategy:
,CollaborativeRegional Structure Land Use Designations
C-3, R, M Comnit g g
Nanning
r Intensification Areas Low to Medium Density
� Residential
1 P e iir i iiii t
One or more of the following uses are permitted in the UR1 zone subject to all applicable
requirements of this By-law:
RESIDENTIAL SERVICE
• Dwelling, One-Unit 0 Community Service
• Dwelling,Two-Unit 0 Cultural Service
• Dwelling, Shared 0 Day Care Facility,subject to Section 4.4
Educational Service
RECREATIONAL • Protective (only coastguard,fire,judicial,
• Public Indoor and Outdoor police)
Supportive Housing,subject to Section 4.24
Chapter 5. 77
wwwW Zane Standards
a) Minimum Lot Area 500 m2
Two unit, for each unit 250 m2
b) Minimum Lot Frontage 16 m
Two unit, for each unit 8m
18m
c) Minimum Lot Depth 30 m
d) Minimum Front Yard Setback 3 m
f) Minimum Side Yard Setback 1.5m
A nil setback is provided for common walls
g) Minimum Flankage Yard Setback 4m
i) Maximum Building Height 9 m
j) Maximum Lot Coverage 35 %
Chapter 5. 78
5.2. LOW DENSITY URBAN RESIDENTIAL
mug
The Low Density Urban Residential (UR2) zone accommodates a wide
range of housing types at a variety of densities with the intention of
creating well designed, low density urban neighbourhoods.The UR2 zone
is intended for areas adjacent to downtowns or commercial centres and
offers an urban development pattern that transitions between commercial
and mixed use areas to lower density neighbourhoods. Sensitively scaled
multi-unit residential development is encouraged as the primary
development type in the UR2 zone.
The Low Density Urban Residential zone is directed by policy in CBRM Forward, the Municipal Planning Strategy:
MCollaborative Regional Structure Land Use Designations
Community
Planning
�l �l � Intensification Areas 0 Downtown Sydney
0 Local Centre
0 Mixed Use Centre
0 Medium to High Density
Residential
0 Low to Medium Density
Residential
5.2.1. Permitted Uses
One or more of the following uses are permitted in the UR2 zone subject to all applicable
requirements of this By-law:
RESIDENTIAL SERVICE
0 Dwelling, One-Unit 0 Community Service
0 Dwelling,Two-Unit 0 Cultural Service
0 Dwelling,Townhouse, up to six units 0 Day Care Facility,subject to Section 4.3
0 Dwelling,Apartment, up to six units 0 Educational Service
0 Dwelling,Apartment, more than six units 0 Protective (only coastguard,fire,judicial,
subject to Section 2.13 and Section 5.2.2 police)
0 Dwelling, Shared 0 Supportive Housing,subject to Section 4.26
0 Dwelling Group,subject to Section 5.2.4 0 Restaurant Use,, subject to 5.2.2
RECREATIONAL SALES
0 Public Indoor and Outdoor Retail Use,subject to 5.2.2
Chapter 5. 79
Residential Zones
2 PeIII III itted Useite III n Approva���
Notwithstanding relevant zone standards in Subsection 5.2.3 the following uses are
permitted through Site Plan Approval:
a) Dwelling, Apartment (more than six), subject to the following:
i. Screening of parking areas and any outside storage areas from adjacent
properties and a public street by an opaque vegetive buffer or fence or
combination thereof of at least 1.2m high or landscaped equivalent;
ii. Provision of landscaping consisting of a combination of trees, shrubs, plants,
grass, or retention of existing vegetation at a minimum of 25% of the total
land area.
i i i. Must be connected to municipal water and sanitary services.
b) Restaurant and Retail Use, subject to the following:
i. Maximum allowable gross floor area is limited to 75m2;
ii. Screening of parking areas and any outside storage areas from adjacent
properties and a public street by an opaque vegetive buffer or fence or
combination thereof of at least 1.2m high or landscaped equivalent.
i i i. Be located within 30m of an intersection of a Level 3 or higher street.
5.23. Zune StIII ndIIIA
ds
a) Minimum Lot Area
All uses except Apartment Dwelling with more than six dwelling units 225 M2
Apartment Dwelling with more than six dwelling units, the greater of 690 m2 or
For each unit having 3 or more bedrooms 185 M2
For each unit having 2 bedrooms 150 M2
For each bachelor or unit having 1 bedroom 105 M2
b) Minimum Lot Frontage
All uses except Apartment Dwelling with more than six dwelling units 9 m
Dwelling, Apartment, with more than six dwelling units 18 m
c) Minimum Lot Depth 30 m
d) Minimum Front Yard 3m
Chapter 5. 80
Residential Zones
e) Minimum Side Yard 1.5 m
A nil setback is provided for common walls
g) Minimum Flankage Yard 1.5m
k) Maximum Building Height 11 m
1) Maximum Lot Coverage 50%
.2.4. Standards IIIA IIIc Dw6dTrig Group
a) Minimum Lot Area per each dwelling unit 185 m2
b) Minimum Lot Frontage 18 m
c) Minimum Lot Depth 30 m
d) Yard setbacks and maximum lot coverage shall be in compliance with 5.2.3
Chapter 5. 81
53. MEDIUM DENSITY URBAN RESIDENTIAL
The Medium Density Residential (UR3) zone supports a variety of housing
types at a range of densities. This zone provides for a transition from less
dense, more suburban development format to the higher density, urban
format common of downtowns and commercial centres or corridors. The
UR3 zone accomplishes this through a mixture of townhouses and
apartments of various sizes. One and two unit dwellings are permitted. In
effort to create complete communities, retail and restaurant uses are
permitted, but limited in size.
The Medium Density Urban Residential zone is directed by policy in CBRM Forward, the Municipal Planning
Strotegy.,
M ,Collaborative Regional Structure Land Use Designations
Community
P[anningl
F Regional Centre 0 Downtown Sydney
Local Centre 0 Local Centre
• Mixed Use Centre 0 Mixed Use Centre
• Intensification Areas 0 Medium to High Density
Residential
0 Low to Medium Density
Residential
5.,"111"ll . Permitted Use
One or more of the following uses are permitted in the UR3 zone subject to all applicable
requirements of this By-law:
RESIDENTIAL SERVICE
0 Dwelling, One-Unit Community Service
0 Dwelling,Two-Unit Cultural Service
0 Dwelling,Townhouse, up to six dwelling units Day Care Facility,subject to Section 4.3
0 Dwelling,Apartment, up to six dwelling units Educational Service
0 Dwelling,Apartment, more than six dwelling Protective (only coastguard,fire,judicial,
units subject to Section 2.13 and Section 5.3.2 police)
0 Dwelling, Shared Supportive Housing, subject to Section 4.25
0 Dwelling, Group,subject to Section 5.3.4 Restaurant,subject to Section 2.13 and
Section 5.3.2
RECREATIONAL SALES
• Public Indoor and Outdoor Retail Use,subject to Section 2.13 and Section
5.3.2
Chapter 5. 82
Res'lldenflal Zones
PeIIII itteite III n Approva���
Notwithstanding relevant zone standards in Subsection 5.3.3, the following uses are
permitted through Site Plan Approval:
a) Dwelling, Apartment (more than six dwelling units), subject to the following:
i. Screening of parking areas and any outside storage areas from adjacent
properties and a public street by an opaque vegetive buffer or fence or
combination thereof of at least 1.2m high or landscaped equivalent;
ii. Provision of landscaping consisting of a combination of trees, shrubs, plants,
grass, or retention of existing vegetation at a minimum of 25% of the total
land area.
b) Restaurant and Retail Use, subject to the following:
i. Maximum allowable gross floor area is limited to 75m2;
ii. Screening of parking areas and any outside storage areas from adjacent
properties and a public street by an opaque vegetive buffer or fence or
combination thereof of at least 1.2m high or landscaped equivalent.
i i i. Be located on a Level 3 or higher street.
5.,,1133. Zune StIII ndaIIIA
ds
a) Minimum Lot Area
All uses except Apartment Dwelling with more than six dwelling units 225M2
Apartment Dwelling, with more than six dwelling units, the greater of 540 M2 or
For each dwelling unit having 3 or more bedrooms 150 M2
For each dwelling unit having 2 or more bedrooms 100 M2
For each Bachelor or dwelling unit having 1 bedroom 75 M2
b) Minimum Lot Frontage
All uses except Apartment Dwelling with more than six dwelling units 9 m
Apartment Dwelling, with more than six dwelling units 18 m
c) Minimum Lot Depth 30 m
d) Minimum Front Yard 3m
e) Minimum Side Yard 1.5m
A nil setback is provided for common walls
g) Minimum Flankage Yard 1.5m
Chapter 5. 83
Res'ldent'lal Zones
k) Maximum Building Height 12 m
n) Maximum Lot Occupancy 60%
gi
Standards iii Group ilii iii
a) Minimum Lot Area per each dwelling unit 175 m2
b) Minimum Lot Frontage 18 m
c) Minimum Lot Depth 30 m
d) Yard setbacks and maximum lot coverage shall be in compliance with 5.3.3
Chapter 5. 84
5.4. HIGH DENSITY URBAN RESIDENTIAL
The High Density Urban Residential (UR4) zone accommodates a wide
range of housing types at a variety of densities with the intention of
creating well designed, higher density urban neighbourhoods.The UR zone
is intended for areas adjacent to downtowns or commercial centres and
offers a development pattern transition between commercial and mixed
use areas to lower density neighbourhoods.Apartments, and town and
row houses are encouraged as the primary development type in the UR4
zone with one and two units also being permitted. In effort to create
complete communities, retail and restaurant uses are permitted, but
limited in size.
The High Density Urban Residential zone is directed by policy in CBRM Forward, the Municipal Planning
Strotegy.,
M ,Collaborative nity Regional Structure Land Use Designations
Commu
P[anningl
F Regional Centre 0 Downtown Sydney
• Local Centre 0 Local Centre
• Mixed Use Centre 0 Mixed Use Centre
• Intensification Areas Medium to High Density
Residential
5.4,1 . Piiia iii itted Uses
One or more of the following uses are permitted in the UR4 zone subject to all applicable
requirements of this By-law:
RESIDENTIAL SERVICE
0 Dwelling, One-Unit 0 Community Service
0 Dwelling,Two-Unit 0 Cultural Service
0 Dwelling,Townhouse 0 Day Care Facility,subject to Section 4.3
0 Dwelling,Apartment 0 Educational Service
0 Dwelling, Shared 0 Protective (only coastguard fire,judicial,
0 Dwelling, Group,subject to Section 5.4.3 police)
0 Supportive Housing, Subject to Section 4.25.
0 Restaurant Use
RECREATIONAL SALES
0 Public Indoor and Outdoor Retail Use
Chapter 5. 85
Res'lldenflal Zones
�wwwW Zane��, IIIA e Standards
a) Minimum Lot Area
One Unit 185 m2
Two Unit 185 m2
Townhouse, for each dwelling unit therein 75 m2
Dwelling, Apartment the greater of 300 m2 or
For each dwelling unit having 3 or more bedrooms 75 m2
For each dwelling unit having 2 or more bedrooms 55 m2
For each Bachelor or dwelling unit having 1 bedroom 35 m2
Other Uses 185 m2
b) Minimum Lot Frontage
One Unit 9 m
Two Unit 9 m
Multiple Unit, four or more units 18m
c) Minimum Lot Depth 30 m
d) Minimum Front Yard 3m
e) Minimum Side Yard 1.5m
A nil setback is provided for common walls
g) Minimum Flankage Yard 1.5m
j) Minimum Building Height 2 storeys
k) Maximum Building Height 18 m
n) Maximum Lot Occupancy 70%
p) Maximum Gross Floor Area
Retail Use 95 m2
Restaurant Use 95 m2
Standards IIIcIIII III Group
a) Minimum Lot Area per each dwelling unit 120 m2
Chapter 5. 86
b) Minimum Lot Frontage 18 m
c) Minimum Lot Depth 30 m
d) Yard setbacks and maximum lot coverage shall be in compliance with 5.4.2
Chapter 5. 87
Residential Zones
5.5. ONE AND TWO UNIT RURAL RESIDENTIAL
RR5The One and Two Unit Rural Residential (111115)zone is made up of one- and
two- unit dwellings.The RR5 zone is applied to serviced or partially
serviced, or unserviced development outside the Service Area Boundary
generally taking a traditional suburban to rural format with one and two
storey residential dwellings on small to large lots. These lands are
primarily existing subdivisions,former communities (pre-amalgamation) or
seasonal residential lands on lakefronts. Their uses are limited to primarily
residential uses with limited non-residential uses, due to their small lot
sizes and limited buffers from adjacent residential properties.
The One and Two Unit Rural Residential zone is directed by policy in CBRM Forward, the Municipal
Planning Strategy:
M ,Collaborative Regional Structure Land Use Designations
cow munity
Planning
• Rural 0 Rural Development Area
0 Rural Resource
5.5.1 . Permitted Uses
One or more of the following uses are permitted in the RR5 zone subject to all applicable
requirements of this By-law:
RESIDENTIAL SERVICE
•
Dwelling, One-Unit 0 Community Service
• Dwelling,Two-Unit 0 Cultural Service
• Dwelling, Shared, up to four rooms 0 Day Care Facility,subject to Section 4.3
RECREATIONAL 0 Educational Service
0 Protective (only coastguard,fire,judicial,
• Public Indoor and Outdoor police)
• Boathouse 0 Supportive Housing,subject to Section 4.26
5.5.2. Zane Standards
a) Minimum Lot Frontage 16 m
b) Minimum Lot Depth 30 m
0 Minimum Front Yard 3m
d) Minimum Side Yard 1.5m
A nil setback is provided for common walls
Chapter 5. 88
Res'ldent'lal Zones
e) Minimum Flankage Yard 4 m
fl Maximum Building Height 9 m
g) Maximum Lot Coverage 35
Chapter 5. gg
Residential Zones
5.6. MOBILE HOME PARK
The Mobile-Home Park(116)zone is intended for clusters of mobile-homes
that are managed as communities and may have shared amenities and
services managed by private business.
The Mini Home Park zone is directed by policy in CBRM Forward, the Municipal Planning Strategy:
lbrti Regional Structure Land Use Designations
C_3 1 P1 Comn� g g
Planning
r Suburban Intensification Stable Residential
Stable Low to Medium Density
• Rural Residential
• Rural Development Area
5.6:1 . Permitted iiii t
One or more of the following uses are permitted in the R6 zone subject to all applicable
requirements of this By-law:
RESIDENTIAL SALES
a) Dwelling, One-Unit(Mobile Home) a) Retail Use
b) Restaurant Use
c) Business Office, related to the management
of the mobile home park.
Chapter 5. 90
Zane Standards
a) Minimum Lot Area 350 m2
b) Minimum Lot Frontage 12 m
c) Minimum Lot Depth 25 m
d) Minimum Front Yard 3m
f) Minimum Side Yard
Entrance Side 5 m
Other Side 2.5 m
g) Minimum Rear Yard 5m
g) Minimum Flankage Yard 1.5m
i) Maximum Building Height 9 m
Chapter 5. 91
u uuu
5.7. SMALL COMMUNITY (117)
IIII��
The Small Community(117) zone accommodates a wide range of housing
types at a variety of densities with the intention of creating well designed,
low density urban neighbourhoods.The R7 zone is intended for the
communities of Birch Grove, Port Morien, and Donkin. Fishery uses and
agricultural uses are encouraged in the R7 zone.
The Small Community zone is directed by policy in CBRM Forward, the Municipal Planning Strategy:
,CollaborativeRegional Structure Land Use Designations
C-3, R, M Comit g g
Planning
• Small Community Small Community
1 e iii iii iiii t
One or more of the following uses are permitted in the R7 zone subject to all applicable
requirements of this By-law:
RESIDENTIAL SERVICE
Dwelling, One-Unit . Accommodation
Dwelling,Two-Unit 0 Business office
Dwelling,Townhouse, up to six units 0 Community Service
Dwelling,Apartment, up to six units 0 Cultural Service
Dwelling,Apartment, more than six units 0 Day Care Facility,subject to Section 4.3
subject to Section 2.13 and Section 5.7.2 0 Educational Service
Dwelling, Shared 0 Motor Vehicle Repair,subject to 5.7.3
Dwelling Group,subject to Section 5.2.5 0 Protective (only coast guard,fire,judicial,
police)
Supportive Housing,subject to Section 4.26
Restaurant Use,subject to Section 5.7.2
RECREATIONAL SALES
• Public Indoor and Outdoor Retail Use,subject to Section 5.7.2
• Boathouse
FISHERY AGRICULTURE
• All • All
5.7.2. Pe iii iii iiii t eby Site iiia iii
Notwithstanding relevant zone standards in Subsection 5.7.3 the following uses are
permitted through Site Plan Approval:
b) Dwelling,, Apartment (more than six), subject to the following:
Chapter 5.
nnni
Res' fl Zones
i. Screening of parking areas and any outside storage areas from adjacent
properties and a public street by an opaque vegetive buffer or fence or
combination thereof of at least 1.2m high or landscaped equivalent;
ii. Provision of landscaping consisting of a combination of trees, shrubs, plants,
grass, or retention of existing vegetation at a minimum of 25% of the total
land area.
i i i. Must be connected to municipal water and sanitary services.
c) Restaurant and Retail Use, subject to the foll owing:
iv. Maximum allowable gross floor area is limited to 75m2;
V. Screening of parking areas and any outside storage areas from adjacent
properties and a public street by an opaque vegetive buffer or fence or
combination thereof of at least 1.2m high or landscaped equivalent.
vi. Be located within 30m of an intersection of a Level 3 or higher street.
5.73. C&
IIA ditiIII
ns of use
A motor vehicle repair use identified as permitted in subsection 5.7.1 shall not be located
within 30m of a dwelling other than the dwelling of the proprietor of the business.
5.7.4. Z&Ine StIII ndIlii
ds
a) Minimum Lot Area
All uses except Apartment Dwelling with more than six dwelling units 225 M2
Apartment Dwelling with more than six dwelling units, the greater of 690 m2 or
For each unit having 3 or more bedrooms 185 M2
For each unit having 2 bedrooms 150 M2
For each bachelor or unit having 1 bedroom 105 M2
b) Minimum Lot Frontage
All uses except Apartment Dwelling with more than six dwelling units 9 m
Dwelling, Apartment, with more than six dwelling units 18 m
c) Minimum Lot Depth 30 m
d) Minimum Front Yard 3m
e) Minimum Side Yard 1.5 m
A nil setback is provided for common walls
Chapter 5. 93
Residential Zones
g) Minimum Flankage Yard 1.5m
k) Maximum Building Height 11 m
1) Maximum Lot Coverage 50%
Standards IIIA IIIc Dw6dTng Group
a) Minimum Lot Area per each dwelling unit 185 m2
b) Minimum Lot Frontage 18 m
c) Minimum Lot Depth 30 m
d) Yard setbacks and maximum lot coverage shall be in compliance with 5.7.4
Chapter 5. 94
::.
f
6.0. COMMERCIAL USES SUMMARY TABLE
r) r) r) r) Z W
X a X Ca) C C Ma
r)
..........
Dwelling,Apartment P P P P P P
Dwelling, One Unit P P
Dwelling,Two Unit P P
Dwelling, Shared P P P P P P
Dwelling, Unit P P P P P P
Dwelling,Townhouse P P P P P
Live-work unit P P P P
Dwelling, Group P P P P P P
Service
All P P
Accommodation P P P P P
Alcohol Beverage Establishment; P P P P P
Artist/Artisan Establishment P P P P P
Animal Sitting Establishment P P P P P
Banquet or Convention Centre P P P P P
Business Office P P P P P
Catering Business P P P P P
Clothes Cleaning Business P P P P P
Commercial Parking Lot or Structure P P P P P
Commercial Group P P P P P
Communication Facility P P P P P
Community Service P P P P P
Contractor P P
Crematorium P P P P P
Cultural Service P P P P P
Day Care Facility C C C C C
Distribution Facility P
Educational Service P P P P P
Entertainment Facility P P P P P
Fitness Centre P P P P P
Food Preparation Business P P P P P
Chapter 6. 96
Commercial Zones
r) r) r) r) Z Z W
X X Ca) C C
r) r)
Funeral Home P P P P P
Health Care P P P P P
Landscaping Business Depot P
Marina P P P P P
Microbrewery or distillery P P P P P
Motor Vehicle Related P P P C P
Personal Service Business P P P P P
Private Service Club P P P P P
Protective Service P P P P P
Recycling Facility Collection Depot P
Repair Service P P P P P
Restaurant P P P P P
Self-storage facility P P P P P
Scientific Establishment P P P P P
Shelter Use P P P P P
Supportive Housing up to nine beds C C C C C
Supportive Housing more than nine beds SP SP SP SP SP
Tourism Information Centre P P P P P
Veterinary Clinic P P P P
MEN=
All P P P P P P P
All P P P P
H
All except racetracks and campgrounds P P P P P P
All except campgrounds P
All, but mining product manufacturing P P
Agricultural Products processing P
Alcohol Processing P
Assembly P
Building Supplies Manufacturing P
Transportation
All P P P P P P
P = Permitted as-of-right C = Permitted with additional conditions SP = Site Plan
Approval
Chapter 6. 97
Commercial Zones
6,1, DOWNTOWN REGIONAL CENTRE ZONE
Imp
The Downtown Regional Centre (CRC) zone encourages increasingly
dense, mixed use developments with limited setbacks from the street
and increased height allowances. The Downtown Regional Centre is
the cultural and service hub of the CBRM. This zone provides a broad
range of uses to encourage development.
CollaborativeRegional Structure Land Use Designations
C-3, R, Community
g g
101P[anning
• Regional Centre Downtown Regional
F
Centre
Permitted iiii t
One or more of the following primary uses are permitted in the CRC zone subject to all
applicable requirements of this By-law:
RESIDENTIAL SERVICE
Dwelling,Apartment . Accommodation
Dwelling,Townhouse . Artist/Artisan establishment
Dwelling, Shared . Alcohol Beverage Establishment
Dwelling, Unit . Animal Sitting Establishment
Live-work unit 0 Banquet or Convention Centre
Dwelling, Group 0 Business Office
SALES • Catering Business
Clothes Cleaning Business
•
All 0 Commercial Parking Lot or Structure
RECREATION • Commercial Group
•
All, except racetracks for motor vehicles
• Community Service
and campgrounds
• Crematorium
Communication Facility
TRANSPORTATION • Cultural Service
•
All 0 Day Care Facility,subject to 4.3
Educational Service
SERVICE • Entertainment Facility
Food Preparation Business 0 Protective (only coastguard,fire,judicial,police)
Funeral Home 0 Repair Service
Health Care 0 Restaurant
Fitness Centre 0 Self-storage
Marina Use 0 Scientific Establishment
Microbrewery or distillery 0 Shelter Use
Motor vehicle related • Supportive Housing,subject to Section 4.26
Personal Service 0 Tourism Information Centre
Private Club . Veterinary Clinic
Chapter 6. 98
6.1.2. Zone Standards
a) Minimum Lot Frontage 10 m
b) Minimum Lot Depth 30 m
c) Minimum Front Yard nil
d) Maximum Front Yard 3 m
e) Minimum Rear Yard
Abutting a Residential Zone 3 m
Other nil
fl Minimum Side Yard
Abutting a Residential Zone 1.5 m
Other nil
g) Minimum Flankage Yard nil
h) Minimum Building Height 2 storeys
i) Maximum Building Height 40 m
j) Minimum Lot Coverage 60 percent
k) Building Design Standards for the C-RC
i)All buildings shall have a prominent entrance oriented towards a street
ii) Ground floor facades facing a street shall be comprised of a minimum of 50 percent
transparent area, excepting residential uses, which shall have a minimum of 25 percent
transparent area (building existing before the date this By-law was enacted excepted);
iii) Minimum height of the ground floor storey shall be 4.5 m
iv)A building frontage shall incorporate visual articulation when the building frontage
exceeds 60 metres in length
6.1.3. Drive-thrus in Core Areas
No Development Permit shall be issued for any use with adrive-thru component
providing motor vehicle access from a driveway intersecting Charlotte Street(Sydney).
Chapter 6. gg
Commercial Zones
uuuuuuuuu
6.2, DOWNTOWN COMMERCIAL
The Downtown Commercial (CD)zone is applied to the Downtowns of
Glace Bay and North Sydney.This zone recognizes the importance of
these areas as central community spaces full of traditional character
and historic buildings. The established mixed use development
pattern is intended to continue with infill encouraged through
increased height allowances and a mixture of uses.
CollaborativeRegional Structure Land Use Designations
C-3 1 PJ� Co u ni g g
Planning
• Local Centre Local Centre
II
6.2.1 .�.1 . Peiiaiii iiiit
One or more of the following primary uses are permitted in the CD zone subject to all
applicable requirements of this By-law:
RESIDENTIAL • Catering Business
Dwelling,Apartment 0Clothes Cleaning Business
Dwelling,Townhouse 0Commercial Parking Lot or Structure
Dwelling, Shared 0Commercial Group
Dwelling, Unit 0Community Service
Live-work unit 0Crematorium
Dwelling Group 0Communication Facility
Cultural Service
SALES • Day Care Facility,subject to Section 4.3
All 0 Educational Service
RECREATION • Entertainment Facility
Fitness Centre
• All, except racetracks for motor vehicles 0 Food Preparation Business
and campgrounds 0 Funeral Home
FISHERY • Health Care
All Marina Use
Microbrewery or distillery
TRANSPORTATION • Motor Vehicle Related
• All 0Personal Service
Private Club
SERVICE • Protective (only coastguard,fire,judicial,police)
• Accommodation 0 Repair Service
• Artist/Artisan establishment 0 Restaurant
• Alcohol Beverage Establishment 0 Self-storage
• Animal Sitting Establishment 0 Scientific Establishment
Banquet or Convention Centre 0 Shelter Use
Chapter 6. 100
• Business Office; Supportive Housing,subject to Section 4.26
• Tourism Information Centre
• Veterinary Clinic
6.2.2. ZIne Standards
a) Minimum Lot Frontage 10 rn
b) Minimum Lot Depth 30 rn
c) Minimum Front Yard nil
d) Maximum Front Yard 6 rn
e) Minimum Rear Yard
Abutting a Residential Zone 3 rn
Other nil
f) Minimum Side Yard
Abutting a Residential Zone 1.5 rn
Other nil
g) Minimum Building Height 2 storeys
h) Maximum Building Height 22 rn
k) Minimum Lot Occupancy 60 percent
1) Building Design Standards for the CD Zone
i)All buildings shall have a prominent entrance oriented towards a street
ii) Ground floor facades facing a street shall be comprised of a minimum of 50 percent
transparent area, residential uses excepted.
iii) Minimum height of the ground floor storey shall be 4.5m
iv)A building frontage shall incorporate visual articulation when the building frontage
exceeds 60 metres in length
Ww IIIA IIII � rus hn CareIIIc
No Development Permit shall be issued for any use with a drive-thru component
providing motor vehicle access from a driveway intersecting any of the following
streets:
• Commercial Street (Glace Bay)
• Commercial Street (North Sydney)
Chapter 6. 101
101��1{a4{ia
6.3. MIXED-USE ZONE
The Mixed-Use zone is applied to the core areas of Reserve Mines,
New Waterford, Sydney Mines, and Louisbourg.This zone recognizes
the importance of these areas as central community spaces full of
traditional character and historic buildings. The established mixed use
development pattern is intended to continue with sensitive infill.
CollaborativeRegional Structure Land Use Designations
C-3R, Community
g g
PIPlanning
r Mixed Use Centre Mixed Use Centre
63.1 . Permitted iiii t
One or more of the following primary uses are permitted in the MU zone subject to all
applicable requirements of this By-law:
RESIDENTIAL • Community Service
Dwelling,Apartment 0Communication Facility
Dwelling,Townhouse 0Cultural Service
Dwelling, Shared 0Crematorium
Dwelling, Unit 0Day Care Facility,subject to 4.3
Live-work unit 0Educational Service
Dwelling, Group 0Entertainment Facility
Fitness Centre
SALES • Food Preparation Business
All 0 Funeral Home
FISHERY • Health Care
Marina Use
• All 0 Microbrewery or distillery
RECREATION • Motor vehicle related
• All, except racetracks for motor vehicles
• Personal Service
and campgrounds
• Private Club
Protective (only coastguard,fire,judicial,police)
SERVICE • Repair Service
Accommodation 0Restaurant
Artist/Artisan establishment 0Self-storage
Alcohol Beverage Establishment 0Scientific Establishment
Animal Sitting Establishment 0Shelter Use
Banquet or Convention Centre 0Supportive Housing,subject to Section 4.26
Business Office • Tourism Information Centre
Catering Business 0Veterinary Clinic
Clothes Cleaning Business TRANSPORTATION
Commercial Parking Lot or Structure
• All
Commercial Group
Chapter 6.
nnni
Cornmercelal
nnm
���� �
E-. . w Zane��, iiiaeStandards
a) Minimum Lot Frontage 10 rn
b) Minimum Lot Depth 30 rn
c) Minimum Front Yard Nil
d) Maximum Front Yard 6 rn
e) Minimum Rear Yard
Abutting a Residential Zone 3 rn
Other nil
f) Minimum Side Yard
Abutting a Residential Zone 1.5 rn
Other nil
h) Maximum Building Height 14 rn
i) Minimum Lot Occupancy 60 percent
Chapter 6. 103
6,4, REGIONAL COMMERCIAL
The Regional Commercial (CR) zone accommodates the most intense
concentration of commercial uses,with big box style commercial
developments that require larger lots to accommodate larger volumes
of parking and loading. Compatible uses such as accommodation,
recreation and entertainment uses as well as service uses are also
permitted. Introducing higher density residential uses on the
periphery of the commercial areas allows for efficient and effective
use of lands in proximity to critical amenities.
Collaborative Regional Structure Land Use Designations
Community
Planning
Regional Centre Regional Commercial
F
Centre
Permitted Uses
One or more of the following primary uses are permitted in the CR zone:
RESIDENTIAL SERVICE
0 Dwelling,Apartment 0 All
0 Dwelling,Townhouse TRANSPORTATION
0 Dwelling, Shared
0 Dwelling, Group All
0 Live-work unit
0 Dwelling, unit
SALES
0 All
RECREATION
•
All, except racetracks for motor vehicles
and campgrounds
MANUFACTURING
• Agricultural Products processing
• Alcohol processing
• Assembly
0 Building supplies manufacturing
Chapter 6. 104
Cornmercelal Zones
w Zane Standards
a) Minimum Lot Frontage 15 m
Residential uses six or less dwelling units 9 m
b) Minimum Lot Depth 30 m
c) Minimum Front Yard 5m
Residential uses six or less dwelling units 3 m
d) Minimum Side Yard
Abutting a residential zone 9 m
Other 4.5 m
e) Rear Yard 5 m
Abutting a Residential Zone 9 m
Other 3 m
Residential uses six or less dwelling units 1.5 m
f) Minimum Flankage Yard 5m
g) Maximum Building Height 20 m
Chapter 6. 105
6,5. GENERAL COMMERCIAL
The General Commercial (CG)zone accommodates the pockets of
commercial services found throughout the CBRM. These generally
constitute a cluster of buildings that provide services to the general
neighbourhood and the travelling public.The uses are generally
described as low-impact retail and service uses that are compatible
with the lower density residential neighbourhoods typically found
adjacent to these areas.
M ,Collaborative Regional Structure Land Use Designations
Community
P[anning
0 All All
1111
III J,
6 .1 Permitted Uses
RESIDENTIAL SERVICE
0 Dwelling, One Unit 0 Business Office
0 Dwelling,Two Unit 0 Catering Business
0 Dwelling,Apartment 0 Clothes Cleaning Business
0 Dwelling, Shared 0 Commercial Parking Lot or Structure
0 Dwelling, Unit 0 Commercial Group
0 Dwelling, Group 0 Community Service
0 Dwelling,Townhouse 0 Cultural Service
SALES 0 Communications Facility
0 Contractor
• All 0 Crematorium
RECREATION 0 Day Care Facility,subject to Section 4.3
• All, except racetracks for motor vehicles 0 Educational Service
and campgrounds 0 Entertainment Facility
0 Food Preparation Business
MANUFACTING 0 Funeral Home
• All, but mining product manufacturing 0 Health Care
0 Fitness Centre
TRANSPORTATION 0 Marina Use
0 All 0 Microbrewery or distillery
FISHERY 0 Motor Vehicle Related
0 Personal Service
• All 0 Private Club
SERVICE 0 Protective (only coastguard,fire,judicial,police)
• Accommodation 0 Tourism Information Centre
• Artist/Artisan establishment 0 Veterinary Clinic
• Alcohol Beverage Establishment 0 Repair Service
• Animal Sitting 0 Recycling Facility Collection Depot
0 Banquet or Convention Centre 0 Restaurant
Chapter 6. 106
Cornmercelal Zones
• Self-storage
• Scientific Establishment
• Self-storage
• Scientific Establishment
• Shelter Use
• Supportive Housing, subject to Section
4.26
6,.5.2,. Zane Standards
a) Minimum Lot Frontage 15 m
b) Minimum Lot Depth 30 m
c) Minimum Front Yard 4m
d) Minimum Side Yard
Abutting a Residential Zone 4 m
Other 1.5 m
e) Rear Yard
Abutting a Residential Zone 9 m
Other 4 m
f) Minimum Flankage Yard 4m
g) Maximum Building Height 12 m
h) Maximum Lot Occupancy 60 %
Chapter 6. 107
r.. V����VVVV nnn0lllli,ir,.,
6,6, MIXED-USE CORRIDOR
The Mixed Use Corridor(MUC) zone accommodates a variety of land
uses that benefit from being on mixed-use streets that connect
communities.
CollaborativeRegional Structure Land Use Designations
C-3R, Community
g g
PIPlanning
r0 Regional Centre Medium to High Density
• Local Centre
Corridor
r 0
6.6.1 .
Permitted iiii t
RESIDENTIAL SERVICE
Dwelling, One Unit 0 Crematorium
Dwelling,Two Unit 0 Day Care Facility,subject to 4.3
Dwelling,Apartment 0 Educational Service
Dwelling, Shared 0 Entertainment Facility
Dwelling, Unit 0 Food Preparation Business;
Dwelling, Group 0 Funeral Home
Dwelling,Townhouse 0 Health Care
SALES • Fitness Centre
Landscaping Business Depot
• All 0 Marina Use
RECREATION • Microbrewery or distillery
• All, except racetracks for motor vehicles
• Motor Vehicle Related,subject to 6.6.2
and campgrounds
• Personal Service
Private Club
SERVICE • Protective (only coastguard,fire,judicial,police)
Accommodation 0 Recycling Facility Collection Depot
Artist/Artisan establishment 0Repair Service
Alcohol Beverage Establishment 0Restaurant
Animal Sitting Establishment 0Self-storage
Banquet or Convention Centre 0Scientific Establishment
Business Office 0Shelter Use
• Catering Business 0Supportive Housing, subject to 4.26
• Commercial Parking Lot or Structure 0Tourism Information Centre
• Commercial Group 0Veterinary Clinic
• Community Service
• Communication Facility TRANSPORTATION
• Cultural Service
0 Contractor All
Chapter 6. 108
6,.6.2. Ziiiae Standards
a) Minimum Lot Frontage 15 m
b) Minimum Lot Depth 30 m
c) Minimum Front Yard 4m
d) Minimum Side Yard
Abutting a Residential Zone 4 m
Other 1.5 m
e) Rear Yard
Abutting a Residential Zone 9 m
Other 4 m
f) Minimum Flankage Yard 4m
g) Maximum Building Height 12 m
h) Maximum Lot Occupancy 60%
Chapter 6. 109
63. BUSINESS PARK
The Business Park(BP) zone accommodates a concentration of
employment uses. This may include a variety of commercial
uses, some light industrial uses such as manufacturing, and
other compatible uses that serve the daytime populations of
the area such as restaurant uses.
Collaborative
Regional Structure Land Use Designations
C3-1141 Community
g g
Planning
• Employment Area Business Park
• Corridor
6ww . . eii iii iiii t ese
SALES SERVICE
All . All
RECREATION INDUSTRIAL
Al I, except campgrounds Light industrial
IRAN U FACTI N G
All, except mining products manufacturing
TRANSPORTATION
All
FISHERY
All
Chapter 6. 110
J. u1w iiia � Standardsi
a) Minimum Lot Frontage 15 m
b) Minimum Lot Depth 30 m
c) Minimum Front Yard 3m
d) Maximum Front Yard 18 m
e) Minimum Side Yard
Abutting a Residential zone 9 m
Other 4.5 m
f) Minimum Rear Yard
Abutting a Residential zone 9 m
Other 3 m
g) Minimum Flankage Yard 9m
h) Maximum Building Height 16 m
i) Maximum Lot Coverage 50%
Chapter 6.
��'a ggtr"qrlrlr�q�q�q�q
tYa o,wo!�ggqt��,tYa q''iYa
7.0. INDUSTRIAL USES SUMMARY TABLE
r = �
SERVICE
All P P
Airport P
Banquet Hall P
Business Office P
Distribution Facility P
Fitness
Harbour Facility P
Port Facility P
Rail Facility P
Repair Service
Self-Storage
UTILITY
Utility Facilities P P P
Asphalt or Concrete Plant P
Bulk Fuel Storage P
Heavy Industrial Use P
Light Industry P
Medium Industrial Use P
Recycling or Waste Management P
Scrap Metal and Salvage Yard P
All111i,111111 U111 111 1111111
P P P
All P P P
All P P P
Dwelling, Unit C C C
P = Permitted as-of-right C= Permitted with additional
conditions SP =Site Plan Approval
Chapter 7. 113
7.1. LIGHT INDUSTRIAL
Ll The Light Industrial (LI) zone is intended for a variety of light
industrial uses that generate limited nuisance that are generally
relegated to the subject site. Uses that require outdoor storage
or higher than average large vehicle traffic are accommodated
in the LI zone.
,CollaborativeRegional Structure Land Use Designations
C-3, R, M a u ni g g
Planning
Employment Area Business Park
_ r _ Rural Rural Development Area
Le iii iii iiii t ed Use
MANUFACTURING UTILITY
All 0 Utility Facilities
TRANSPORTATION RESIDENTIAL
All Dwelling unit subject to Section 7.2.3
FISHERY
All
SERVICE
All
INDUSTRIAL
Light Industry
Chapter 7. 114
., Zane Standards
a) Minimum Lot Area 1500 m2
b) Minimum Lot Frontage 40 m
c) Minimum Lot Depth 40 m
d) Minimum Front Yard 9m
e) Minimum Side Yard
Abutting a Residential Zone 15 m
Other 5 m
f) Minimum Rear Yard
Abutting a Residential Zone 15 m
Other 5 m
g) Minimum Flankage Yard 5m
h) Maximum Building Height 16 m
i) Maximum Lot Occupancy 75%
ilii iii Unit t ccto a Mahn Use
One dwelling unit shall be permitted accessory to a main use. The dwelling unit shall
be used by a caretaker or as security accommodations.
Chapter 7. 115
................................................................................................................................
7.2. HEAVY INDUSTRIAL
The Heavy Industrial (HI) zone is intended for larger-scale,
industrial uses that require mitigation measures to control
nuisance or risk levels. Heavy industrial uses require larger lots
to increase separation distances between active industrials uses
and other uses.
Collaborative
Regional Structure Land Use Designations
C3-1141 Community
Planning
Rural Development Area • Rural Resource
_J _ • Industrial Park
7.2.,'1 e iii iii iiii t ed Use
MANUFACTURING UTILITY
All Utility Facilities
TRANSPORTATION
All RESIDENTIAL
FISHERY Dwelling unit subject to Section 7.3.3
All
SERVICE
All
SERVICE
Asphalt or Concrete Plant
Bulk Fuel Storage
Heavy Industrial Use
Medium Industrial Use
Recycling or Waste Management Facility
Scrap Metal and Salvage Yard
Chapter 7. 116
7.2.2., Zane Standards
a) Minimum Lot Area
Heavy Industrial Use, generates nuisance 12,000 m2
Other 5,000 m2
b) Minimum Lot Frontage
Heavy Industrial Use, generates nuisance 150 m
Other 40 m
c) Minimum Front Yard
Heavy Industrial Use, generates nuisance 40 m
Other 9 m
d) Minimum Side Yard
Abutting an Industrial Zone 40 m
Abutting a non-Industrial Zone 150 m
e) Minimum Rear Yard
Abutting an Industrial Zone 40 m
Abutting a non-Industrial Zone 150 m
f) Minimum Flankage Yard
Abutting an Industrial Zone 40 m
Abutting a non-Industrial Zone 150 m
g) Maximum Building Height 16 m
h) Maximum Lot Occupancy 50%
. ., ilii iii Unit t c c e iia to a Mahn Use
One dwelling unit shall be permitted accessory to a main use. The dwelling unit shall
be used by a caretaker or as security accommodations.
Chapter 7. 117
73. UTILITY AND TRANSPORTATION
The Utility and Transportation (UT) zone is intended for the
working industrial harbours, rail lines, the airport, and other
lands dedicated to utility uses.
Collaborative Regional Structure Land Use Designations
C-3, R, Community
101P[anning
• All All
F
iiia iii iiii t
SERVICE
Airport
Banquet Hall
Business Office
Distribution Centre
Harbour Facility
• Port Facility
Rail Facility
INDUSTRIAL
• Recycling and Waste Management
Facility
MANUFACTURING
All
FISHERY
All
TRANSPORTATION
All
UTILITY
• Utility Facility Services
RESIDENTIAL
Dwelling unit subject to Section 7.4.3
Chapter 7. 118
73.2., Zane Standards
a) Minimum Lot Area 900 m2
b) Minimum Lot Frontage 30 m
c) Minimum Lot Depth 30 m
d) Minimum Front Yard 9m
e) Minimum Side Yard
Abutting a Residential Zone 15 m
Other 5 m
f) Minimum Rear Yard
Abutting a Residential Zone 15 m
Other 5 m
g) Minimum Flankage Yard 5m
h) Maximum Building Height 16 m
i) Maximum Lot Occupancy 75%
3o6ilii iii Unit t elir to a Mahn Use
One dwelling unit shall be permitted accessory to a main use. The dwelling unit shall
be used by a caretaker or as security accommodations.
Chapter 7. 119
i ,�i
Y
� ridd�t
8els MAJOR COMMUNITY FACILITY
The Major Community Facility Zone (MCF) is intended to
accommodate existing and future regional community facilities,
including educational campuses, hospitals, large nursing
homes, and significant community recreational infrastructure.
CollaborativeRegional Structure Land Use Designations
C-3-1111 No Communityg g
Planning
All(inside Service Area All(Inside Service Area
���� Boundary) Boundary)
ueii iii iiii t ese
RECREATIONAL
Public Indoor and Outdoor
RESIDENTIAL
• Dwelling,Apartment
• Dwelling, Shared
SALES
All
SERVICE
Accommodation
• Community Service
• Emergency Services Facility
Health Care
• Scientific Establishment
Research Facility
• Restaurant
Educational Service
Chapter 8.
nnni
Community nnni
'1 Zane Standards
a) Minimum Lot Area 800 m2
b) Minimum Lot Frontage 20 m
c) Minimum Lot Depth 30 m
d) Minimum Front Yard 3m
e) Minimum Side Yard
Abutting a Residential Zone 15 m
Other 7.5 m
f) Minimum Rear Yard
Abutting a Residential Zone 15 m
Other 7.5 m
g) Minimum Flankage Yard 7.5m
h) Maximum Building Height 12 m
i) Maximum Lot Occupancy 50%
Chapter 8.
nnni nnni
Community nnni
Y,Y
,.i
91.1.
RU
The Rural (RU) zone is made up of a mix of residential and non-
residential uses on larger lots in unserviced, rural areas of CBRM. This
zone supports rural character by allowing a broad range of lower
intensity residential and non-residential uses outside of settlement
areas.
The Rural zone is directed by policy in CBRM Forward, the Municipal Planning Strotegy.-
CollaborativeRegional Structure Land Use Designations
C-3, R, Communityg g
101P[anning
• Rural 0 Rural Development Area
• Rural Resource
"I .I P e iir i iiii t
One or more of the following uses:
RESIDENTIAL AGRICULTURAL
• Dwelling, One-Unit, up to two • All
• Dwelling,Two-Unit SERVICE
• Dwelling, Shared, limited to four rooms
Recreational Vehicles, limited to two • Accommodation
Dwelling, Unit • Artist/Artisan establishment
Banquet or Convention Centre
RECREATIONAL • Business Office
• all except racetracks for motor vehicles 0 Community Service
• Campgrounds, limited to six sites subject Communication Facility
to Section 9.1.5 Cultural Service
• Campgrounds, more than six sites subject Day Care Facility,subject to 4.3
to Section 2.13 and Section 9.1.5 Heavy Equipment Depot,subject to 9.1.2
FISHERY • Motor Vehicle Repair,subject to 9.1.2
• Restaurant
• All Kennel
FORESTRY • Educational Service
• All- including sawmill ands splittin
g, Health Care
chunking and retailing of forestry Marina
Microbrewer and Distiller
products y y
• Funeral Use
SALES • Personal Service
• Retail, limited to 1100Om2 in floor area Protective (coast guard, police,fire,
MANUFACTURING judicial)
• Supportive Housing
Assembly Self-Storage
Forestry products manufacturing Tourism Use
Mining products manufacturing
Chapter 9.
124
C&Inditi&ns
A motor vehicle repair use and/or heavy equipment depot use identified permitted
in subsection 9.1.1 shall not be located within 30m of a dwelling other than the
dwelling of the proprietor of the business.
Notwithstanding relevant zone standards in Subsection 9.1.4, the following uses are
permitted through the Site Plan Approval requirements.
a. Campgrounds, subject to 9.1.5
9,�W1 u14., ZIII eSt&ndards
a) Minimum Lot Frontage
One Unit 16 m
Two Unit, for each unit 8 m
b) Minimum Lot Depth 30 m
c) Minimum Front Yard 4m
d) Minimum Side Yard 1.5m
A nil setback is provided for common walls
e) Minimum Flankage Yard 4m
f) Maximum Building Height 9 m
g) Maximum Lot Coverage 30%
a) Campground Site Plan
i. Site plan for a Campgrounds shall be drawn to scale and illustrate the
following information:
(1) Delineation of the property to be developed on a legal survey;
(2) Location and size of campsites;
(3) Internal roads and accesses;
(4) Parking areas;
(5) Accessory uses (not limited to but including laundry facilities, storage
areas, washrooms, showers, convenience store, and outdoor and
indoor recreation facilities);
Chapter 9.
125
(6) Pedestrian walkways and trails within the camping site;
(7) Landscaping; and
(8) Buffers and screening between the site and other nearby land uses,
b) Campground Development Standards
ii. No campsites shall be located closer than 10 metres (33 feet)from any
property boundary. This setback areas shall be maintained as a buffer.
i i i. Refuse collection shall be fully enclosed and screen from the adjacent
property. Any containers used for refuse shall be locking or include
mechanisms that prevent access from wildlife.
iv. If provided, pedestrian walkways and trails within the camping site shall be
connected to nearby active transportation infrastructure
c) Buffering and Landscaping and Grading
i. Campsites shall be screened (as defined by the By-law)from a public
street/road or adjacent properties (not including waterbodies) by an opaque
vegetive, topographic screen (berm), opaque fence, building or combination
thereof.
ii. A landscaped buffer area not less than 10 metres (33 feet) shall be retained
and maintained from adjacent property boundaries. No activity or use shall
be permitted within this landscaped buffer except for walkways and trails
not exceeding 3 metres in width.
iii. Where possible, vegetation on site shall be retained and incorporated into
the site landscaping, particularly for areas along the campsite perimeter.
iv. All areas disturbed by development shall be landscaped.
Chapter 9. 126
Other Zones
91.2, ENVIRONMENTAL PROTECTION ZONE
' The Environmental Protection (EP)zone is used to limit development
on environmentally sensitive and valuable lands.The EP zone is
applied to watercourse buffers, drinking water protection areas,
wetland areas, and other areas.
C-3 R, 101
Community
Regional Structure Land Use Designations
mmunit
Y
Planning
F All All
9.2.1 . Permitted Uses
SERVICE
• Utility
9.2.2. Conditional Uses
NON-RESIDENTIAL RESIDENTIAL
a) Agricultural Uses,subject to Section c) Dwelling, One Unit,subject to Section 9.2.3
9.2.3
b) Forestry Use, subject to Section 9.2.3
9.2.3. Conditions of Use
a) An Agricultural Use permitted in Subsection 9.2.1 be limited to crop farming,
animal grazing and existing agricultural buildings;
b) Forestry Uses permitted in Subsection 9.2.1 be limited to harvesting and
silviculture; and
c) A Dwelling permitted in Subsection 9.2.1 shall comply with the following
standards:
a. Minimum Lot Size 20,250 m2
b. Minimum Frontage 90 m
Chapter 9. 127
Other Zones
913,
FP-0 The Floodplain Overlay zone (FP-0) is applied to lands that frequently
Y
experience overland flooding. The zone standards apply aim to
mitigate harm to life and property,while managing stormwater
through appropriate development provisions.
Collaborative
Regional Structure Land Use Designations
C-3 R, Community
101P[anning
• All All
F
r '
_J
3.1 . Pe IIIA III Ilii t
All uses in underlying zones
3u, IIIne St&ndards
In addition to the Zone Standards of the relevant zone categories for which the overlay
zone is applied, developments are subject to:
a) Within the Floodway Area, as identified in Schedule A:
i. Development within shall be restricted to passive recreational uses; and
ii. The placement of off-site fill is prohibited.
b) Within the Floodway Fringe Area, as identified in Schedule A:
i. The following uses shall be prohibited:
a. Hospitals;
b. Long-term care facilities; and
c. Uses that store of hazardous materials
ii. The placement of off-site fill shall only be in relation to required
floodproofing;
iii. New construction and expansion of an existing use must be shall:
a. Have a finished floor area at a minimum elevation of 1.0 metre
above the 1:100 floodplain;
b. Locate all electrical and mechanical equipment at a minimum
Chapter 9.
128
elevation of 1.0 metre above the 1:100 floodplain;
c. Not contain a basement; and
d. Submit a landscaping plan and drainage and/or stormwater
management plan to the satisfaction of the Development Officer and
other CBRM departments.
c) Development contrary to Subsection 9.3 b) maybe permitted provided a
hydrotechnical study, carried out by a qualified person, shows that the
proposed development will not contribute to upstream or downstream flooding
or result in a change to flood water flow patterns.
Chapter 9.
129
91.4,
WF-0 The Waterfront Overlay zone encourages dense, mixed use
developments with a focus on service, cultural and tourism uses,
permitted within the underlying zone,with additional provisions to
ensure public access and views to the Sydney waterfront is
maintained.
CollaborativeRegional Structure Land Use Designations
C-3, R, Community
g g
101P[anning
• Regional Centre Downtown Sydney
Permitted lit
All uses in underlying zones
. Zane Standards
In addition to the Zone Standards of the relevant zone categories for which the overlay
zone is applied, developments are subject to the following:
1. Public access to the waterfront is maintained and contiguous waterfront trails are
maintained.
2. Development on the Sydney Waterfront must not inhibit views to the water from
the following streets:
i) Townsend Street
i i) Falmouth Street
iii) Wentworth Street
iv) Prince Street
v) Pitt Street
vi) Dorcester Street
vii) Nepean Street
viii) York Street
ix) Amelia Street
x) Desbarres Street
xi) Ortona Drive (at the driveway intersection to Victoria Park Armouries, which
is identified as Garrison Road in CBRMs street centreline data).
Chapter 9. 130
Chapter 9. 131