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2020-10-24_CM_LUB_Official VersionCONTENTS | MUNICIPAL LAND USE BY-LAW | 1 CONTENTS | MUNICIPAL LAND USE BY-LAW | 2 CONTENTS | MUNICIPAL LAND USE BY-LAW | 3 Municipality of the District of Chester Land Use By-law Original Documents Approved by Council on 28/10/2019 Approved by the Minister of Municipal Affairs on 20/12/2019 with an effective date of 09/01/2020. This CONSOLIDATED EDITION is prepared for convenience only. For complete reference, please consult the original documents. This CONSOLIDATED EDITION has the following history: 1) 2) From the documents adopted by Council on 28/10/2019 and approved without amendments by the Minister on 20/12/2019 with an effective date of 09/01/2020. Amended definitions for Watercourse, Water body and Wetland to clarify that the definitions include features appearing on the Nova Scotia 1:10,000 topographic database. Amended Section 3.5 to remove text relating to a professional assessment. Added Section 4.28.2 c) to clarify the submission of a professional assessment contrary to the Nova Scotia 1:10,000 topographic database can be submitted by the property owner or their representative. Revisions to Zoning Map to align zoning layer with property boundaries layer to correct visual errors at large scales. Compiled 09/01/2020 Amended 24/10/2020 CONTENTS | MUNICIPAL LAND USE BY-LAW | 4 CONTENTS | MUNICIPAL LAND USE BY-LAW | 5 This page intentionally left blank. CONTENTS | MUNICIPAL LAND USE BY-LAW | 7 CONTENTS CONTENTS ............................................................................................................................ 7 PREFACE.............................................................................................................................. 11 About zones and overlays ....................................................................................... 11 About permits and approvals ................................................................................ 11 About the Municipal Planning Strategy ............................................................. 12 About making changes to the Land Use By-law............................................. 12 How to contact the Municipality .......................................................................... 12 1.0 TITLE, PURPOSE, AND SCOPE .............................................................................. 13 2.0 DEFINITIONS .............................................................................................................. 15 3.0 ADMINISTRATION ................................................................................................... 35 3.1 Zones ................................................................................................................. 35 3.2 Interpretation of Zone Boundaries......................................................... 35 3.3 References are inclusive ............................................................................. 36 3.4 Overlays ............................................................................................................ 36 3.5 Watercourses, water bodies and wetlands ......................................... 36 3.6 Standards of Measurement ...................................................................... 36 3.7 Interpretation of Certain Words .............................................................. 36 3.8 Development Officer ................................................................................... 37 3.9 Development Permits .................................................................................. 37 3.10 Signatures ........................................................................................................ 38 3.11 Issuance of Development Permit ............................................................ 38 3.12 Deviations ........................................................................................................ 39 3.13 Amend or re-issue ........................................................................................ 39 3.14 Revocation of Permits ................................................................................. 39 3.15 Decision in Writing ....................................................................................... 40 3.16 Development Agreements ........................................................................ 40 3.17 Notice of Amendment or Agreement ................................................... 40 3.18 Cost of Advertising, Registration and Notice ..................................... 41 CONTENTS | MUNICIPAL LAND USE BY-LAW | 8 3.19 Notice of Variance or Site Plan Approval ............................................ 41 3.20 Cost of Notice of Variance or Site Plan Approval ............................. 41 3.21 Application Fees ............................................................................................ 42 3.22 Violations ......................................................................................................... 42 4.0 GENERAL PROVISIONS .......................................................................................... 43 4.1 Application, Waivers and Exemptions ................................................... 43 4.1.1 Application of General Provisions ............................................... 43 4.1.2 Height regulation .............................................................................. 43 4.1.3 Mobile vending .................................................................................. 43 4.1.4 Permitted uses .................................................................................... 43 4.1.5 Restoration to a safe condition ................................................... 43 4.1.6 Signs ....................................................................................................... 43 4.1.7 Swimming pools ................................................................................ 44 4.1.8 Accessory Uses ................................................................................... 44 4.1.9 Accessory Structures ........................................................................ 44 4.2 Aggregate processing ................................................................................. 44 4.3 Agricultural Uses ........................................................................................... 45 4.4 Cannabis Production Facilities ................................................................. 45 4.4.1 Indoor Cannabis Production Facilities ....................................... 45 4.4.2 Outdoor Cannabis Production Facilities ................................... 45 4.5 Community Gardens .................................................................................... 46 4.6 Composting, Small-scale............................................................................ 46 4.7 Electrical Generation Facilities ................................................................. 46 4.7.1 Wind Turbines .................................................................................... 46 4.7.2 Solar Collectors .................................................................................. 47 4.7.3 High Capacity Electrical Generating Facilities ........................ 47 4.8 Farm Animals .................................................................................................. 47 4.9 Farm Markets .................................................................................................. 47 4.10 Fences ............................................................................................................... 47 4.11 Fuel Production, Alternative Non-commercial .................................. 48 4.12 Lots ................................................................................................................ 48 CONTENTS | MUNICIPAL LAND USE BY-LAW | 9 4.12.1 Common lot line ................................................................................ 48 4.12.2 Existing undersized lots .................................................................. 48 4.12.3 Minimum lot frontage ..................................................................... 49 4.13 Non-Conforming Structures and Uses ................................................. 49 4.13.1 Non-conforming structures: enlargement and relocation 49 4.13.2 Non-conforming structures: used as permitted in zone .... 50 4.13.3 Non-conforming uses ..................................................................... 50 4.14 Outdoor lighting ....................................................................................... 50 4.15 Outdoor wood furnaces ............................................................................. 50 4.16 Parking requirements .................................................................................. 50 4.17 Private storage ............................................................................................... 51 4.18 Public Structures and Uses ........................................................................ 51 4.19 Radio-communications facilities ............................................................. 51 4.20 Salvage yards .................................................................................................. 51 4.21 Shipping containers ..................................................................................... 51 4.22 Site Plan Approval ........................................................................................ 51 4.23 Stormwater Standard .................................................................................. 54 4.24 Temporary structures .................................................................................. 54 4.24.2 Temporary structures: incidental to construction ................. 54 4.24.3 Temporary structures: special occasions .................................. 55 4.25 Places of Worship & Cemeteries ............................................................ 55 4.26 Variances .......................................................................................................... 55 4.27 Vehicle Habitation & Storage .................................................................. 56 4.28 Watercourses, Water Bodies, and Wetlands ....................................... 56 4.28.1 Lakefront Overlay .............................................................................. 56 4.28.2 Watercourses, Water Bodies, and Wetlands ........................... 56 4.29 Wharves, slipways and docks ................................................................... 57 5.0 RURAL AREA .............................................................................................................. 59 5.1 Application ...................................................................................................... 59 5.2 General Basic Zone ....................................................................................... 61 6.0 SETTLEMENT AREA .................................................................................................. 65 CONTENTS | MUNICIPAL LAND USE BY-LAW | 10 6.1 Application ...................................................................................................... 65 6.2 Single Unit Residential Zone .................................................................... 67 6.3 Settlement Residential One Zone ........................................................... 71 6.4 Settlement Residential Two Zone ........................................................... 75 6.5 Mixed-Use Zone ............................................................................................ 77 6.6 Coastal Island One Zone ............................................................................ 80 6.7 Coastal Island Two Zone ............................................................................ 82 6.8 Gateway Zone ................................................................................................ 84 7.0 HAMLET AREA ........................................................................................................... 87 7.1 Application ...................................................................................................... 87 7.2 Hamlet Zone ................................................................................................... 89 8.0 INDUSTRIAL AND BUSINESS AREA ................................................................... 93 8.1 Application ...................................................................................................... 93 8.2 Business Park Zone ...................................................................................... 95 8.3 Kaizer Meadow Industrial Zone ............................................................... 97 8.4 Kaizer Meadow Zone ................................................................................... 99 8.5 Neighbourhood Comprehensive Development District Zone ... 101 9.0 ENVIRONMENTAL PROTECTION AREA ......................................................... 103 9.1 Application .................................................................................................... 103 9.2 Protected Watershed Zone ..................................................................... 105 9.3 Conservation Zone ..................................................................................... 107 10.0 SIGNS ....................................................................................................................... 109 10.1 General regulations for all signs ........................................................... 109 10.2 Signs prohibited in all zones .................................................................. 109 10.3 Signs for which no development permit is required ..................... 109 10.4 Single-Premise Ground Signs ................................................................ 111 10.5 Multiple-Premise Ground Signs ............................................................ 111 10.6 Wall Signs ...................................................................................................... 111 10.7 Projecting Wall Signs ................................................................................. 111 PREFACE | MUNICIPAL LAND USE BY-LAW | 11 PREFACE This Land Use By-law contains regulations for development. It applies to all lands in the Municipality that are outside the Village Planning Area, as shown on the Zoning Maps contained in Schedule “A”. About zones and overlays Zones are the principal organizing units within this By-law. All parcels of land in the Municipality are located within a zone that identifies the land uses permitted and sets out development standards, such as minimum lot sizes, setbacks from lot lines and minimum yard size. This By-law contains general provisions for all zones as well as provisions for each of the zones. Overlays are areas of land having special characteristics that may extend across more than one zone, and which contain additional development standards. This By-law states the provisions that apply. About permits and approvals Many developments require a development permit. A development permit is needed to show that a project meets the regulations in this By- law. The requirements for applying for a development permit are found in this By-Law. A building permit may also be required in compliance with the Nova Scotia Building Code under the Building Code Act of the Province of Nova Scotia and the Municipality’s Building By-law. Obtaining a building permit is a separate process. Some projects, because of their size and/or potential impact, may require special forms of approval. These include: ▪ approval by submitting a Site Plan; or ▪ approval by entering into a Development Agreement. Each process must follow an established procedure as set out in: ▪ the Municipal Government Act; ▪ the Municipality’s public participation policy; ▪ the Municipal Planning Strategy; ▪ this By-law. More Information: Throughout this document, you can find helpful tips, reminders, illustrations, or explanations in sidebars such as this. PREFACE | MUNICIPAL LAND USE BY-LAW | 12 Other approvals based on federal or provincial legislation and regulations, as well as other municipal by-laws, may also be required. Application fees are set by the Municipality from time to time. The fee policy is available online or by contacting the Municipality. About the Municipal Planning Strategy The Municipal Planning Strategy sets out the policies that direct long- term growth and development in the Municipality. It contains a vision, goals, and policies that address: parks and open space; transportation; housing and heritage; community character (including policies that establish the zones in this By-law); economic development; environmental safeguards; and services. This document is available online or by contacting the Municipality. About making changes to the Land Use By-law A formal request to Chester Municipal Council can be made to change or amend a zone. Council considers all requests and normally consults with an appointed planning advisory committee. Council may only approve rezoning or amendment requests that meet the policies in the Municipal Planning Strategy. If the request is not consistent with policy, Council may also consider amending the Strategy. Re-zonings and amendments are serious matters that affect all property owners, and therefore require time for public participation. Council can choose to accept or refuse a request based on its policies and public feedback. How to contact the Municipality If you have questions about anything related to this document, please contact the Community Development Department using the information below. Call us: 902-275-2599 E-mail us: planning@chester.ca Write us: 186 Central Street, PO Box 369, Chester, NS, Canada B0J 1J0 Web site: www.chester.ca More Information: Copies of the Municipal Planning Strategy can be found at www.chester.ca or by visiting the Municipal Office. TITLE, PURPOSE, AND SCOPE | MUNICIPAL LAND USE BY-LAW | 13 1.0 TITLE, PURPOSE, AND SCOPE 1.1 This By-law shall be known and may be cited as the Municipal Land Use By-law. 1.2 The purpose of this By-law is to carry out the intent of the Municipal Planning Strategy for the Municipality of the District of Chester in accordance with the provisions of the Municipal Government Act (S.N.S. 1998, Chapter 18, as amended), by regulating the use of land as well as the character and use of buildings and structures within the whole of the Municipality of Chester. 1.3 This By-law shall take effect on the date a notice is published in a newspaper, circulating in the municipality, informing the public that the municipal planning strategy and its implementing land use by-law are in effect, whereupon any applicable previous Land Use By-law is automatically repealed. 1.4 This By-law does not exempt any person from complying with other laws or regulations in force in Canada or Nova Scotia, or from those in force within the Municipality, or from obtaining any license, permission, permit, authority or approval required thereunder. 1.5 This By-law shall apply only to those areas of land shown on the Zoning maps contained in Schedule “A”. 1.6 Where the provisions of this By-law conflict with those of any other municipal by-laws, the provisions that set a higher standard shall be met. 1.7 All applicable Provincial and Federal regulations to any proposed development must be complied with in addition to this By-law. 1.7 Where a provision within this By-law conflicts with another provision within this By-law, the more stringent provision shall prevail. TITLE, PURPOSE, AND SCOPE | MUNICIPAL LAND USE BY-LAW | 14 DEFINITIONS | MUNICIPAL LAND USE BY-LAW | 15 2.0 DEFINITIONS In this By-law: Abattoir means a building or structure specifically designed to accommodate the penning and slaughtering of farm animals and related primary processing which may include the on-site packing, treating and storage of product. Abutting lot – see Lot Accessory structure – see Structure Accessory use – see Use Agriculture means the use of land, buildings or structures for the cultivation of crops, the raising and pasturing of farm animals, bee keeping, or the packing, storing and treating of produce, in accordance with normal farm practices. See also: Livestock operation. Aquaculture means the growing and cultivation of aquatic plants, or fish, for commercial purposes, in any water environment or on land in human- made containers of water, and includes the growing and cultivation of shellfish on, in, or under the foreshore or in the water. Aggregate processing means the use of a building, structure or land, or part thereof, for the processing of aggregate including the production of asphalt or similar road stone, and includes facilities for the administration and management of the business, the stockpiling of bulk materials used in the production process or finished product manufactured on the premises, and the storage and maintenance of required equipment, but does not include the retail sale of finished product. Aggregate processing may occur on a site on a permanent or temporary basis and may comprise a facility designed to be transported from place to place. This definition does not include aggregate resource extraction, which refers to sand, gravel and mineral extraction, including pits and quarries, with associated works such as crushing and the stockpiling of raw material, conducted within an active area so designated for such activity by approval of the Province of Nova Scotia. Automobile sales and services means an establishment primarily engaged in providing motor vehicle sales, repair or maintenance for automobiles, commercial vehicles, motorcycles, watercraft, off-road DEFINITIONS | MUNICIPAL LAND USE BY-LAW | 16 vehicles, and recreational vehicles, and includes oil change and lubrication shops, auto-body shops, tire repair shops and rustproofing/undercoating. Banner sign – see Sign Bed-and-breakfast establishment means a single unit dwelling where the resident owner or resident occupant provides accommodation, with or without meals, to the travelling public for financial remuneration and does not include facilities open to the public such as meeting rooms, restaurants, or entertainment facilities. Beverage room means premises licensed as a beverage room or lounge by the Liquor License Board of Nova Scotia. Blade – see Wind Turbine Brewery, winery and distillery mean a licensed premise where there is manufacturing of beer, ale, cider, wine or spirits and may include ancillary retail sale of these liquor products and related non-liquor products to the public within the manufacturer’s store and lounge provided that their combined floor area and outdoor lounge patio area do not exceed the manufacturing floor area. Building means a structure, whether permanent or temporary, which is roofed, and which is used for the shelter or accommodation of persons, animals, materials or equipment and includes all additions, porches and decks attached thereto, and in addition: Main building means that building or structure on a lot in which the main use takes place. Private storage building means an enclosed or partially enclosed structure for the storage of materials or goods in which there is no human habitation and no business, occupation or service conducted. Building envelope means the buildable area in terms of allowable length, width, height that forms the visible separator between inside and outside and prescribed for a building by the regulations of this By-law. Building height – see Height Campground and RV [Recreational Vehicle] Park means premises occupied and maintained for temporary accommodation by the public in trailers, tents, or recreational vehicles. It includes accessory structures and structures used to provide services including but not limited to laundry DEFINITIONS | MUNICIPAL LAND USE BY-LAW | 17 and canteen services, but does not include a Land Lease Community, motel or hotel. Cannabis Production Facility means a lot or building used or occupied by a person or organization licensed by the Government of Canada for the commercial production of cannabis or cannabis products, including where cannabis or any of its derivatives, such as resin or oils, is grown, cultivated, harvested, manufactured, processed, packaged, or labelled. It also includes any activities permitted by the Government of Canada such as research and development, storage, and destruction of cannabis or any of its derivatives but excludes the production of Hemp. Indoor Cannabis Production Facility means a Cannabis Production Facility that is completely contained within a building. Indoor Cannabis Production Facilities shall be deemed a light industrial use. Outdoor Cannabis Production Facility means a Cannabis Production Facility that is not completely contained within a building. Outdoor Cannabis Production Facilities shall be deemed an agricultural use. Change of use – see Use Child care facility means a facility other than a residential daycare, located in a building or part of a building, where children are accommodated and cared for, for financial remuneration, without providing overnight accommodation. Clerk means the Municipal Clerk for the Municipality of the District of Chester. Commercial means the use of land, buildings or structures for the purpose of buying and selling commodities and/or supplying of services as distinguished from uses such as manufacturing or assembling of goods, warehousing, transportation depots, construction and other similar uses. Composting facility means a structure or land used for the importation and processing of organic matter under controlled circumstances to a condition suitable for sale or utilization off-site, and for greater certainty: Small-scale composting: composting occurring as an accessory use to commercial, institutional and light industrial uses, and does not include residential backyard composting. DEFINITIONS | MUNICIPAL LAND USE BY-LAW | 18 Construct means to build, erect, reconstruct, or relocate, and without limiting the generality of the word, also includes: (i) any preliminary operation such as excavation, filling or draining; (ii) altering an existing building or structure by an addition, enlargement, extension or other structural change; and (iii) any work which requires a building permit issued the Municipality. Contaminated soil facility means a facility for the handling of soils containing a chemical or petroleum product other than on the site where the soils became contaminated. Continuing care facility means a nursing home, residential care facility or other special care facility licensed by the Province of Nova Scotia, or a public or private facility designed for assisted living for persons (exclusive of staff or associated family) having social, mental or physical challenges that require professional care, guidance or supervision not available in an independent living situation. Corner lot – see Lot Council means the Council of the Municipality of the District of Chester. Craft product means a product made by hand or small custom production processes by a potter, pewterer, goldsmith, silversmith, jeweller, toymaker, leatherworker, upholsterer, woodworker, furniture maker, musical instrument maker, clothing designer and maker, shoemaker, antique refinisher, glass or stained-glass worker, sailmaker, and similar skilled craftsperson. Craft workshop means a building or part of a building where craft products are made by hand or small production processes. Detached dwelling – see Dwelling Development means the erection, construction, alteration, replacement or relocation of, or addition to, any structure and any change or alteration in the use made of land or structures. Development Agreement means a written agreement between the Municipality and a property owner which establishes circumstances and conditions under which a development may be carried out. DEFINITIONS | MUNICIPAL LAND USE BY-LAW | 19 Development Officer means the person appointed by Council under the authority of the Municipal Government Act to administer the provisions of the Land Use By-law. Development Permit means the permit issued by the Development Officer certifying that a proposed development complies with the provisions of the Land Use By-law. Distillery – see Brewery Drainage plan means a detailed management plan for a lot or lots, including, but not limited to drawings and calculations of stormwater runoff and the courses and channels of it, including floodplains. Dwelling means a building containing at least one dwelling unit for human habitation, which is capable of being occupied as a home or residence, and for greater certainty: Detached dwelling: a building that comprises one dwelling unit, has yards on all sides of the building, has exterior entrances, and is not a hotel, motel, manufactured home, travel trailer or other recreational vehicle. Manufactured home: a prefabricated dwelling designed to be transported to a site where it is to be occupied as a dwelling complete and ready for occupancy, either remaining on a chassis and wheels or placed on a permanent footing. This definition includes such types as mobile homes and mini-homes but excludes modular or other types of pre-cut or multi-section assemblies that form a dwelling. Dwelling unit means one or more habitable rooms that may be used as a residence by an independent, separate household, which: has a bathroom for exclusive use of the household; has a kitchen for the exclusive use of the household; and has a private entrance from outside the building or from a common hallway or stairway. Eave line means the horizontal line on a building that marks the extreme edge of the overhang of a roof and where there is no overhang, the eave line shall be the horizontal line at the intersection of the wall and roof. Electrical generation facilities means the use of land, structures, or buildings for the generation of electric power by means such as, but not limited to, wind energy, solar energy, and biomass energy. Established grade – see Grade. DEFINITIONS | MUNICIPAL LAND USE BY-LAW | 20 Existing means in existence prior to the effective date of this By-law. Farm animal means any animal commonly bred on a farm, including but not limited to: horses, cattle, sheep, goats, llamas, alpacas, ostrich, emu, swine, fowl, meat rabbits, and for greater certainty. Farm Animal Unit means one or more farm animals as specified in the following table: Farm Animal Number of Farm Animal Units per Animal Swine 0.3 Cattle / Horse 1 Sheep / Goat / Llama / Alpaca 0.3 Ostrich / Emu 0.3 Fowl / Rabbit 0.03 Farm market Farm market means a commercial operation established on a temporary or permanent basis for the retail sale of farm produce and other locally-made goods. This includes operations within permanent structures or roadside stands offering farm produce and other locally- made goods for retail sale, but not greenhouses or buildings directly associated with a business on the property from which plants or farm produce are sold directly to the public. Flag lot – see Lot Flankage lot line – see Lot line Flankage yard – see Yard Forestry processing means the use of a building, structure, land, or part thereof, for milling, sawing, or other primary processing, and does not include maple sugar operations, Christmas tree farming and transport of finished product. Front lot line – see Lot line Front yard – see Yard Full horizontal cut-off means the shielding of an outdoor light fixture so that all light emitted by the fixture is projected below the shield in such a way as not to be cast onto neighbouring properties. More Information: To calculate the number of farm animal units, multiply the number of farm animals by the number of Farm Animal Units per animal. For example, if you have 3 swine, and 1 cattle, your calculation would be: (3 x 0.3) + (1 x 1) = 1.9 meaning you have 1.9 farm animal units. DEFINITIONS | MUNICIPAL LAND USE BY-LAW | 21 Fur farming means the keeping and/or breeding of animals in captivity for their pelts. Golf course means a specially prepared area of land for the purpose of playing golf and includes all incidental buildings and facilities, and does not include a driving range or a miniature golf course. Grade means, with reference to a building or structure, the lowest elevation of the finished surface of the ground where it meets the exterior of the foundation of the building or structure and, when used with reference to a street, road or highway means the elevation of the street, road or highway established by the Municipality or other designated authority, and additionally: Established grade means the average elevation of the finished grade of the ground where it meets the exterior of the front of a building or structure exclusive of any artificial embankment or entrenchment. Gross Floor Area – means the collective sum of the areas of each storey of buildings, structures or part thereof, above or below established grade, excluding storage below established grade and any parking structures below established grade, measured from the exterior of outside walls, or from the mid-point of common walls. Ground Sign – see Sign Hatchery – see Inland fish farm Height or building height means the vertical distance on a building between the established grade and: a) the highest point of the roof surface or parapet, whichever is greater, of a flat roof; or b) the deckline of a mansard roof; or c) the mean level between the eaves and ridges of a gabled, hip, gambrel or other type of pitched roof. Home Office & Sales – means the use of a room within a residential dwelling for commercial purposes without alteration to the exterior of the structure. These businesses are not permitted to receive customers at the site. Hotel – see Tourist Accommodations Impermeable surface means any material that significantly reduces or prevents natural filtration of water into the ground. DEFINITIONS | MUNICIPAL LAND USE BY-LAW | 22 Indoor Cannabis Production Facility see Cannabis Production Facility Industrial, heavy means the use of land involving manufacturing, distilling or refining fuel products, trade workshops, wholesale distribution, freight yards, bulk storage, landfills, solid waste processing, or the repair or rental of industrial and commercial equipment, that does any of the following: a) regularly produces smoke, high heat, dust, ash, disruptive noises, heavy vibration or noxious smells; b) creates harmful, dangerous or noxious waste products; c) consists of bulk storage of petroleum, heavy metals, caustic chemicals or dangerous goods, excluding retail fuel sales as part of an automobile sales and service operation and fuel sales depots; d) may involve separation distances from other uses specifically to protect health and safety; e) requires environmental assessment in accordance with the Environmental Assessment Regulations made under the Environment Act. Industrial, light means an industrial use which in its operation does not ordinarily result in emission from the building of noxious odours, fumes, disruptive noise, cinder, vibrations, heat, glare or electrical interference to a degree that is offensive or harmful when measured at the property line of an adjacent property. Light Industrial includes, but is not limited to: light manufacturing, processing, assembling, research facilities, salvage yards, transportation depots, warehouse facilities, and inland fish farms or hatcheries. Inland fish farm means a land-based open- or closed-containment facility in which fish are spawned and raised for consumption or for research purposes. The use includes a hatchery. Institutional includes the use of a building or part of a building or land as an auditorium, place of worship and associated facilities, cemetery, public art gallery, community centre, continuing care facility, government building (federal, provincial and municipal excluding provincial retail stores), hospital, library, museum, school, sports complex, post office, fire station and other uses of a similar nature. Interior lot – see Lot DEFINITIONS | MUNICIPAL LAND USE BY-LAW | 23 Kennel means an establishment for the breeding and/or boarding of dogs and includes establishments known as “Doggie Day Care” or any similar nomenclature thereof. Land Area means the smallest geometric shape which can be drawn to fully encompass all outdoor activities associated with the development. For greater clarity, Land area shall include all storage, parking areas and any other use of land associated with the development. Land Lease Community means any lot or premises under common ownership, upon which three or more manufactured homes are located, either free of charge or for revenue purposes, and which may or may not be connected to a common sewer system, water system or both, but does not include any camping establishment under the Camping Establishments Regulation Act. Land Use By-law see Municipal Land Use By-law. Livestock operation means an operation in which farm animals, by type or in combination, are kept in a farm building, feedlot or other facility for feeding, breeding, milking, holding for riding, meat, or egg production, but does not include backyard fowl. Lot means any parcel of land as described by its boundaries, and for greater certainty: Abutting lot means a lot having one or more boundaries coincident with one or more zone boundaries; Corner lot means a lot situated at the intersection of two streets, highways or private roads; Flag lot means any lot which gains street frontage through the use of a narrow strip of land, referred to as the “staff”, which is integral to the lot. For greater clarity, lots where the “staff” is more than 20 m in width shall not be considered a Flag Lot. Interior lot means a lot situated between two lots and having access to one street, highway or private road; Through lot means a lot bounded on two opposite side sides by streets, highways or private roads, however, if any such through lot also qualifies as a corner lot, it shall be deemed to be a corner lot for the purposes of this By-law; Waterfront lot means a lot of which any portion is within twenty- nine (29) m of a watercourse, water body or the ocean. DEFINITIONS | MUNICIPAL LAND USE BY-LAW | 24 Lot area/lot size means the total horizontal area within the boundary lines of a lot. Lot frontage/frontage means the distance between the side lot lines of a lot measured along the street, highway or private road. Shoreline Lot Frontage means the minimum straight line distance between the intersection of the side lot lines and the front/rear lot line of a lot which is adjacent to a lake or ocean. Lot line means a boundary line of a lot. Front lot line means: (i) the line dividing the lot from the street, highway or private road; or (ii) in the case of a lot which does not abut a street, highway or private road, the orientation of the main building on the lot; or (iii) in the case of a corner lot, the lot line abutting the street or highway based on the orientation of the main building on the lot; or (iv) in the case of a through lot, the longer boundary line abutting the street or highway; (v) in the case of a flag lot, the Front Lot Line is considered to be the lot line parallel to the street excluding the “staff” portion of the lot. Rear lot line means the line opposite or furthest from the front lot line; Side lot line means the line other than the front lot line or rear lot line; Flankage lot line means the lot line abutting the street or highway on a corner lot, which is not the front lot line. Lot, serviced means a parcel of land which has access and connection to a municipal sewer system or a private cluster system approved by the appropriate Provincial department. DEFINITIONS | MUNICIPAL LAND USE BY-LAW | 25 Lot, unserviced means a parcel of land without access and connection to a Public Municipal Sewer System or a private cluster system. Lounge – see Beverage Room Manufactured Home – see Dwelling Main building – see Building Main wall means the exterior front, side or rear wall of a building, and includes but is not restricted to all structural members essential to the support of a fully or partially enclosed space or roof and any decks, bay windows, porches, steps, verandahs, balconies and roof overhangs. Marina means a building, structure or lot, containing docking facilities, where boats are stored, serviced, repaired or kept for sale or rent, and may include other services such as but not limited to the sale, repair or storage of boat accessories, marine fuels and lubricants. Medical clinic means a building or part of a building used for medical, dental, surgical, or therapeutic treatment of human beings or animals on an outpatient basis, but does not include a public hospital, private hospital, animal hospital or professional office of a doctor located within a residence. Minister means the Minister of Municipal Affairs, or such Minister of the Crown responsible for municipalities in the Province of Nova Scotia. Mobile Home see Dwelling (Manufactured Home) Motel – see Tourist Accommodations Municipality means the Municipality of the District of Chester. Municipal Government Act means the Act respecting Municipal Government, R.S.N.S. 1998, Chapter 18 as amended from time to time. Municipal Land Use By-law means the Municipal Land Use By-law of the Municipality of the District of Chester. Municipal Planning Strategy means the Municipal Planning Strategy of the Municipality of the District of Chester. Municipal Specifications means the specifications approved by Council and amended from time to time, for design and construction of municipal public highways, central sewer systems, central water systems, storm drainage, and small sewerage systems. Nacelle – see Wind Turbine More Information: The Municipal Government Act is the provincial legislation which governs municipalities in Nova Scotia. Copies are available from www.nslegislature.ca DEFINITIONS | MUNICIPAL LAND USE BY-LAW | 26 Ordinary high water mark means, with respect to non-tidal waters, the limit or edge of the bed of a body of water where the land has been covered by water so as to wrest it from vegetation or as to mark a distinct character upon the vegetation where it extends into the water or upon the soil itself and, with respect to tidal waters, the mark on the seashore reached by the average of the mean high tides of the sea between the spring and neap tides in each quarter of the lunar revolution during the year excluding only extraordinary catastrophes or overflows. Outdoor Cannabis Production Facility see Cannabis Production Facility Overlay means a specified area as shown in Schedule “B” of this By-law, the requirements for which are imposed in addition to the requirements of the underlying zone. Owner includes a person controlling the property under consideration and includes the assessed owner of the property whose name appears on the assessment roll prepared in accordance with the Assessment Act of the Province of Nova Scotia. Park means an open area devoted to recreational uses or conservation uses and which may include ornamental gardens and lawns, outdoor furniture, accessory structures and children's playgrounds, and in addition: Waterfront Park means a park allowing public access to inland waterways or coastal shores on property that is owned by interests other than the Municipality of Chester or the Crown. Parking space means an area of not less than 15 m2 measuring 2.75 m by 5.5 m exclusive of driveways or aisles, for the temporary parking or storage of motor vehicles, and which has adequate access to permit ingress and egress of a motor vehicle to and from a street or highway by means of driveways, aisles or maneuvering areas. Pet grooming means a building or part of a building used for the hygienic care and cleaning of domestic pets and for which there is financial remuneration. This includes the retail sale of any products used in pet grooming services, but does not include boarding, breeding or the provision of medical procedures. Pergola means a structure without walls or a roof that is composed of vertical posts and cross-beams that is used as a sheltered, or partly- sheltered, walkway or sitting area. Permeable surface means any material or composition that allows natural filtration of water into the ground. DEFINITIONS | MUNICIPAL LAND USE BY-LAW | 27 Person means an individual, association, firm, partnership, corporation, trust, incorporated company, organization, trustee or agent, and the heirs, executors or other legal representatives of a person to whom the context can apply according to law. Personal service shop means a building or part of a building in which people are employed in furnishing services and otherwise administering to the individual and personal needs of other people, and without limiting the generality of the foregoing may include such establishments as barber shops, beauty parlours, hairdressing shops, shoe repair and shoe shining shops, but excludes any manufacturing or fabrication of goods for sale. Portable Sign – see Sign Primary processing means the initial processing of raw materials or resources for transformation into food and/or goods for use, further processing, or sale. Private storage building – see Building Processing Facility means the use of lands, buildings, or structures where agricultural produce, including meat, fish and poultry products, is washed, cleaned, dusted, waxed, or otherwise prepared or packaged and from which such produce is shipped to a wholesale or retail outlet. Professional services means establishments primarily engaged in providing services for individuals or groups in an office setting and includes but is not limited to financial, legal, medical, architectural, engineering, design, real estate and travel services, and for greater certainty does not include personal service shops. Projecting Wall Sign – see Sign Qualified professional means an individual who has undergone proper educational training and gained experience and expertise to become certified or recognized as able to practice in a particular profession. Rear lot line – see Lot line Rear yard – see Yard Recycling depot means a building or lot that is used or intended to be used for collecting, sorting, refunding and redistributing recyclable materials but excludes processing of said materials. Recreation and outdoor activities means passive, unstructured activity not requiring specially planned or manicured areas with ancillary structures. DEFINITIONS | MUNICIPAL LAND USE BY-LAW | 28 Recreational vehicle, or “RV”, means a vehicle designed for travel, camping or recreation, that provides sleeping and other facilities for temporary accommodation. A recreational vehicle either has its own motor or can be mounted or drawn by another vehicle. It may be equipped with land-to-vehicle service connections (electricity, water and/or sewer). A recreational vehicle may be a road-worthy travel trailer, camping trailer, truck camper, motor home or similar vehicle. Recreational vehicle storage means placement of a recreational vehicle on a lot with no connection to municipal services or to a wastewater system. Research facility means a place where facilities are located for scientific research, investigation, testing or experimentation, but does not include facilities for the manufacturing or sale of products, except as incidental to the main purpose of the facility. Residential daycare means a part of a dwelling where the owner or occupier of the dwelling provides accommodation and care, for financial remuneration, to children, without providing overnight accommodation. Restaurant means a building or part thereof where food and drink is prepared and/or served to the public for consumption within the building or attached café or patio, or off-premises. Retail store means a building or part thereof, including a shop, for the sale or lease of goods, wares, merchandise, or articles directly to the public. Rooming house means a detached dwelling in which a proprietor supplies sleeping accommodations for a fee, with or without meals, for at least three (3) but not more than six (6) people, exclusive of the proprietor’s family. Rotor’s arc – see Wind Turbine Salvage means waste or surplus automobiles, transportation vehicles, or industrial equipment, including any parts or pieces that have been removed, for purposes of disposal or further use. Salvage yard means any commercial premises where the receipt, storage, sale, resale, and processing of salvage occurs. Setback means the horizontal distance on a lot measured at a right angle from the lot line to the main wall of a building or structure or to a use. DEFINITIONS | MUNICIPAL LAND USE BY-LAW | 29 Shipping container means a container or structure, usually of metal, with strength suitable to withstand shipment, storage and handling and used to transport cargo that is specially designed to facilitate the secure storage of goods, by one or more modes of transport, without intermediate reloading or repacking of goods; also, a freight container and any form of skid building or self-contained mobile office. Shop means any building or part thereof used for sales or repair of articles. Shopping centre means a collection of independent retail stores, services, and offices housed in a building or buildings usually constructed and maintained by a single management unit and usually featuring common services, parking, internal vehicle circulation, and access roads. Shoreline lot frontage – see Lot frontage Side lot line – see Lot line Side yard – see Yard Sign means an object, structure or device used for the purpose of identification or advertising or to call attention to any person, matter, thing or event or to give direction, and for greater certainty: Sign height means the distance as measured from the established grade to the highest part of the sign or its supporting structure, whichever is higher. Sign face area means the area of the smallest square, rectangle or circle that can wholly enclose a sign’s framing mechanism or its letter composition when presented without a framing mechanism. Banner sign means a flexible sign made of fabric or plastic that is affixed to a wall, pole, or to the ground. Ground sign means a sign supported by one of more uprights or braces placed in or upon the ground. Portable sign means a sign that is not permanently fixed in a location and designed to be transported from place to place, and includes a sandwich board, a reader board on legs or wheels that may contain changeable copy (either manually or electronically controlled), and an inflatable device. Projecting wall sign means a sign that projects from a wall of a building and is supported by it. Wall sign means a sign that is attached directly to, or painted upon a building’s exterior face, and which does not extend therefrom, and DEFINITIONS | MUNICIPAL LAND USE BY-LAW | 30 does not extend above the roof line, and shall include a sign attached to or painted on an awning or a building. Wall Sign Area means the part of a building or structure, where a wall sign may be affixed, drawn, hung or painted. For greater certainty, this includes the section of the building between established grade and the eave line of the building. Window sign means a sign that is placed on or near to the face of a window or glass door so as to be legible from off the premises or from a parking lot associated with the premises. Site plan approval means an approval process that evaluates the layout of site features such as buildings, parking areas, and landscaping for compliance with the Land Use By-law, and results in a written agreement between the Municipality and the developer. Small Scale Composting – see Composting facility Solar collector means any device, excluding a window, used to collect solar radiation for the purpose of electrical generation or heating, and in addition: Solar farm means an installation on an area of land in which solar collectors are set up to generate electricity for commercial gain and does not include a dwelling. Solid waste facility means a facility to treat or process solid waste into usable secondary materials or products, including fuel or energy, which is not owned by the Municipality. Stormwater means water from precipitation of all kinds, and includes water from rain, the melting of snow and ice, groundwater discharge and surface water. Stormwater system means a method or means of carrying stormwater, and includes but is not limited to ditches, swales, sewers, drains, canals, ravines, gullies, pumping stations, retention ponds, streams, watercourses, floodplains, springs, creeks, streets or private roads, roadways or driveways. Street means the whole and entire right-of-way of every highway, road, or road allowance vested in the Province of Nova Scotia or the Municipality of the District of Chester. DEFINITIONS | MUNICIPAL LAND USE BY-LAW | 31 Structure means anything that is erected, built, or constructed of parts joined together or any such erection fixed to or supported by the soil or by any other structure, and shall include buildings, walls and signs, and for greater certainty: Accessory structure means a structure that is normally incidental to and devoted to a main building or land use located on the same lot, and is not used for human habitation; Small accessory structure means an accessory structure with a gross floor area of twenty (20) m2 or less; Minor accessory structure means an accessory structure incidental to a lot, including but not limited to a retaining wall, children’s play structure, cold frame, garden trellis, pergola, garbage box, clothes line pole, pet house, monument and interpretive display. Studio means a building, or part of thereof used as a workroom for the study, execution or instruction of any fine or commercial art, or craft, including photography, music, visual art and commercial design. Through lot – see Lot Tourist accommodations means a building or establishment, which provides accommodation for the travelling public for financial remuneration and may include other facilities including meeting rooms, restaurants and entertainment facilities and which is open to the general public, and for greater certainty includes tourist homes, motels, hotels, inns and Bed and Breakfast Establishments but does not include Campground and RV parks. Transportation depot means any facility developed for the primary purpose of storing and dispatching trucks, cars, and any other mode of transportation for the transporting of goods or people and does not have any related retail use. Use means the purpose for which any land, building or structure is utilized, and for greater certainty: Accessory use: a use subordinate to, normally incidental to and located on the same lot as the main land use. Change of use: any alteration in the use made of the whole or any part of a parcel of land, building or structure. Non-conforming use: means a use as described in the Municipal Government Act. DEFINITIONS | MUNICIPAL LAND USE BY-LAW | 32 Variance means a relaxation or reduction of Land Use By-law requirements for a specific site, as stipulated in Sections 235-237 of the Municipal Government Act. Vegetated buffer means a designated strip of land containing a mix of species including trees, shrubs and grasses, whether naturally occurring or planted during restoration, that provides filtration of pollutants and sediment, and promotes bank stability as a means to protect water quality and habitat of watercourses and lakes, and to protect property from flooding and erosion. Wall Sign – see Sign Wall Sign Area – see Sign Warehouse means a building in which goods or wares are stored but shall not include a retail store. Wastewater Management District means a designated area of land within which privately-owned on-site septic systems are collectively managed by the Municipality in accordance with a municipal wastewater management district by-law. Watercourse means the bed and shore of a river, stream, creek, brook or similar. This By-Law applies to all watercourses indicated on the Nova Scotia 1:10,000 topographic database. Waterfront lot – see Lot Waterfront park – see Park Water body means the bed and shore of a freshwater lake, pond or other still body of water. This By-Law applies to all water bodies indicated on the Nova Scotia 1:10,000 topographic database. Wetland means a land surface that is periodically or permanently saturated with water and sustains biological activities adapted to wet conditions, and may be commonly referred to as a marsh, swamp, bog, or similar or as otherwise defined in the Provincial Environment Act. This By- Law applies to all wetlands indicated on the Nova Scotia 1:10,000 topographic database. Window Sign – see Sign Winery – see Brewery DEFINITIONS | MUNICIPAL LAND USE BY-LAW | 33 Wind turbine means a structure that produces power by capturing the kinetic energy in surface winds and converting it into energy in the form of electricity, and typically includes a supporting structure such as a tower, rotor blades and a nacelle, and for greater certainty: Blade means the part of the wind turbine that rotates in the wind; Nacelle means the frame and the housing that encloses the transmission system and generator and protects them from the weather; Rotor’s arc means the largest circumferential path traveled by the wind turbine’s rotor blade. Yard means an open, uncovered space on a lot belonging to a structure or a specified land use, and in determining yard measurements, the minimum horizontal distance from the respective lot lines shall be used; and for greater certainty: Flankage yard: a side yard on a corner lot, which side yard extends from the front yard to the rear yard between the flankage lot line and the main wall of any building or structure. Front yard: a yard extending across the full width of a lot between the front lot line and the nearest main wall of any building or structure on the lot; and "minimum" front yard means the minimum depth of a front yard between the front lot line and the main wall of any building or structure. Rear yard: a yard extending across the full width of a lot between the rear lot line and the nearest main wall of any building or structure on the lot; and "minimum" rear yard means the minimum depth of a rear yard on a lot between the rear lot line and the main wall of any building or structure. Side yard: a yard extending from the front yard to the rear yard of a lot between a side lot line and the nearest main wall of any building or structure on a lot; and "minimum" side yard means the minimum width of a side yard between a side lot line and the main wall of any building or structure. Zone means a specified area of land shown on Schedule “A” of this By- law and more particularly referred to in Part 3 of this By-law. DEFINITIONS | MUNICIPAL LAND USE BY-LAW | 34 ADMINISTRATION | MUNICIPAL LAND USE BY-LAW | 35 3.0 ADMINISTRATION 3.1 Zones Land within the Municipality of the District of Chester shall be divided into zones. The extent and boundaries of each zone are shown on the Zoning Maps attached to this Land Use By-law, as detailed in Schedule “A”. The zones, which are contained within designated land use areas as defined in the Municipal Planning Strategy, are: Rural Area GB General Basic Zone Settlement Area SU Single Unit Residential Zone SR-1 Settlement Residential One Zone SR-2 Settlement Residential Two Zone MU Mixed Use Zone CI-1 Coastal Island One Zone CI-2 Coastal Island Two Zone GW Gateway Zone Hamlet Area HM Hamlet Zone Industrial and Business Area BP Business Park Zone KI Kaizer Meadow Industrial Zone KM Kaizer Meadow Zone NCDD Neighbourhood Comprehensive Development District Zone Environmental Protection Area PW Protected Watershed Zone CS Conservation Zone 3.2 Interpretation of Zone Boundaries The boundaries of zones are shown in the Land Use By-law Zoning Maps (Schedule “A”) and shall be precisely located as follows: 3.2.1 Where a zone boundary is shown on or within a street or highway, the boundary shall be the centreline of such street or highway; Tip: The zone abbreviations and colours shown here correspond with the zoning maps found in Schedule “A” at the end of this by-law. ADMINISTRATION | MUNICIPAL LAND USE BY-LAW | 36 3.2.2 Where a zone boundary approximately follows lot lines, the boundary shall follow such lot lines; 3.2.3 Where a zone boundary approximately follows a shoreline, the boundary shall be the ordinary high water mark; 3.2.4 Where a zone boundary approximately follows a railway right- of-way, public recreational trail right-of-way, electrical transmission right-of-way, or a watercourse, the boundary shall be the centreline of such right-of-way or of such watercourse; 3.2.5 Where there is no landmark, lot line or right-of-way that indicates the precise location of a boundary, the boundary shall be scaled from the Land Use By-law Zoning Maps as shown in Schedule “A”. 3.3 References are inclusive In this By-law, reference to a zone is deemed to include reference to a permitted use, special requirements, and regulations of that particular zone. 3.4 Overlays Lakefront Overlay - Land around lakes within the Municipality of the District of Chester shall be covered by the Lakefront Overlay. The extent and boundaries of the Lakefront Overlay are shown on the Lakefront Overlay Map attached to this Land Use By-law, as detailed in Schedule “B”. 3.5 Watercourses, water bodies and wetlands Watercourses, water bodies or wetlands when referenced in this By-law, shall refer to those watercourses, water bodies, and wetlands identified in Nova Scotia Provincial Topographic Database mapping at a scale of 1:10,000. 3.6 Standards of Measurement Measurements throughout this By-law are metric. Submissions in imperial measurement shall be converted to metric and rounded to two decimal points. The metric measurement of “metres” shall be displayed using the abbreviation “m”. 3.7 Interpretation of Certain Words ADMINISTRATION | MUNICIPAL LAND USE BY-LAW | 37 In this By-law, words used in the present tense include the future; words in the singular number include the plural; words in the plural include the singular number; the word “shall” means that the provision is mandatory and not permissive. All other words carry their customary meaning except for those defined in Part 2 of this By-law: Definitions. 3.8 Development Officer 3.8.1 This By-law shall be administered by the Development Officer appointed by Council, under the authority of the Municipal Government Act. The Development Officer shall issue development permits under this By-law. 3.8.2 In the absence or incapacity of the Development Officer, the acting Development Officer appointed by Council shall act in the place of the Development Officer. 3.8.3 The Development Officer may enter, at all reasonable times, into or upon any property within the area to which this By-law applies for the purpose of any inspection necessary in connection with the administration of this By-law. 3.9 Development Permits 3.9.1 A property owner shall not undertake, or cause to permit to be undertaken, any development thereon unless a development permit has been issued therefor by the Development Officer and the permit is in force. 3.9.2 Notwithstanding Section 3.9.1, no development permit is required for a development when such an exception is clearly stated elsewhere in this By-law. 3.9.3 Every person wishing to obtain a development permit shall submit an application to the Development Officer in the form prescribed by Council. 3.9.4 When requested by the Development Officer, an application for a development permit shall be accompanied by a plan drawn to an appropriate scale and showing: a) the shape and dimensions of the lot to be used for the development; ADMINISTRATION | MUNICIPAL LAND USE BY-LAW | 38 b) the proposed location on the lot, height and dimensions of any proposed structure and of any structure to be affected by the proposal; c) the proposed location and dimensions of parking areas, parking spaces, loading areas, driveways, curbs, fences and landscaping, including all impermeable surfaces; d) the location of every structure already constructed, partly constructed, or proposed on the lot; e) natural features such as wetlands, watercourses, water bodies and slope by topography; f) all other information as may be necessary to determine whether the proposed development conforms with the requirements of this Land Use By-law. 3.9.5 Where the Development Officer is unable to determine whether the proposed development conforms to this By-law and other by-laws and regulations in force which affect the proposed development, the Development Officer may require that any plans submitted in support of an application be certified by an appropriate registered professional such as a Nova Scotia Land Surveyor or Professional Engineer. 3.10 Signatures An application for a development permit shall be signed by the owner of the lot, or by an agent so appointed by the owner, and shall set forth in detail the current and proposed use of the lot and each building or structure, or part thereof, together with all the information necessary to determine whether or not the proposed development conforms with the requirements of this Land Use By-law. 3.11 Issuance of Development Permit 3.11.1 No development permit shall be issued by the Development Officer unless the development conforms to the provisions of this Land Use By-law, the terms of a development agreement, or a site plan approval. 3.11.2 Every development permit issued under this Land Use By-law and any development permit issued under any previous Land Use By-law, shall automatically expire, if the development to which it relates has not commenced and eighteen (18) months have passed since its issuance. ADMINISTRATION | MUNICIPAL LAND USE BY-LAW | 39 3.11.3 A development permit shall be effective for a period of eighteen (18) months and may be renewed for an additional eighteen (18) month period provided that: a) the development permit has not been renewed previously; b) the Development Officer is satisfied that the development permit is consistent with the existing Land Use By-law and proposed amendments to the Land Use By-law as provided for under the Municipal Government Act. 3.11.4 Notwithstanding 3.11.3, a development permit may be issued for a temporary period and may be renewed for a temporary period on a one-time-only basis to a maximum of six (6) months provided that the Development Officer is satisfied that the development permit is consistent with the Land Use By-law and proposed amendments to the Land Use By-law as provided for under the Municipal Government Act. 3.12 Deviations No developer shall deviate, or allow deviations to be made, from the description of the proposed development which is contained in the development permit, unless the developer has obtained a new development permit or an amended development permit from the Development Officer. 3.13 Amend or re-issue When so requested by a developer, the Development Officer may make amendments to or may re-issue a development permit which has not lapsed by making an appropriate notation thereon provided that the amended or re-issued permit conforms with the Land Use By-law requirements in effect on the date of the amendment or re-issuance. 3.14 Revocation of Permits The Development Officer may revoke any development permit issued under this Land Use By-law or any previous Land Use By-law where: • the requirements of the Land Use By-law are not met; • the issuance of the permit was based on incorrect information; • the permit was issued in error. ADMINISTRATION | MUNICIPAL LAND USE BY-LAW | 40 3.15 Decision in Writing Any decision of the Development Officer refusing to issue a development permit shall be given by written notice served by ordinary mail whereas any decision to revoke a development permit shall be given by written notice served by registered mail and the revocation shall become effective upon receipt of such notice. 3.16 Development Agreements In accordance with the provisions of the Municipal Government Act, Council may enter into a development agreement for certain high-density residential developments, or large commercial, institutional and light industrial developments, as indicated in the zones where such development agreements may be considered. The criteria to be applied, under which such developments may be considered, are referenced in Part 9.0 of the Municipal Planning Strategy, specifically Section 9.7 located therein. 3.17 Notice of Amendment or Agreement 3.17.1 Where the Council has given notice of its intention to adopt an amendment to this By-law which is not general in scope but which is in direct response to a specific development proposal, or has given notice of its intention either to enter into a development agreement or to amend a development agreement, Council shall serve notice of the proposed amendment or development agreement upon assessed property owners whose property lies within thirty (30) m, or greater at the discretion of Council, of the property which is the subject of the proposed amendment or development agreement. Such notice shall: a) set forth a synopsis of the proposed amendment or development agreement; b) state the date, time, and place set for the public hearing on the amendment or development agreement; c) be served by ordinary mail. 3.17.2 A notice containing the same information shall be posted on the Municipality’s website and sent to the Chair of the planning advisory committee or area advisory committee for the specific area. ADMINISTRATION | MUNICIPAL LAND USE BY-LAW | 41 3.17.3 A sign that states that a planning application has been received shall be posted on the property, which is the subject of the application. 3.18 Cost of Advertising, Registration and Notice An applicant seeking an amendment to this By-law or for a development agreement or an amendment thereto shall deposit with the Clerk of the Municipality an amount as specified by policy of Council to cover the cost of advertising, signage, registration and notices required to comply with the Municipal Government Act. After such advertising has been completed, the applicant shall pay to the Clerk any amount required to pay any additional cost of advertising, registration and notices or, if there is a surplus, the Clerk shall refund it to the applicant. 3.19 Notice of Variance or Site Plan Approval 3.19.1 Where a variance from the requirements of this by-law has been granted or refused, or a site plan approval has been granted or refused, the Development Officer shall give notice to the persons entitled, and in the manner prescribed by Sections 232-237 of the Municipal Government Act, such notice to be served by ordinary mail. Specifically, the Development Officer shall serve notice of the variance or site plan approval upon assessed property owners whose property lies within 60 m (200 feet) of the property which is the subject of the proposed variance or site plan approval and such notice shall: a) describe the variance or site plan approval; b) identify the property where the variance or site plan approval is granted; c) set out the right to appeal the variance or site plan approval to Council; d) be sent to the address or addresses maintained in the assessment list. 3.19.2 A notice containing the same information shall also be posted on the property which is the subject of the proposed variance or site plan approval. 3.20 Cost of Notice of Variance or Site Plan Approval ADMINISTRATION | MUNICIPAL LAND USE BY-LAW | 42 The Municipality may recover from the applicant the cost of giving notices referred to in section 3.18. 3.21 Application Fees An applicant seeking a development permit, a development agreement, an amendment to the Land Use By-law or the Municipal Planning Strategy, a site plan approval, or a variance, shall pay the fees prescribed by Council as amended from time to time by policy. 3.22 Violations In the event of any alleged contravention of the provisions of this By-law, the Municipality of the District of Chester may take action as outlined in the Municipal Government Act. GENERAL PROVISIONS | MUNICIPAL LAND USE BY-LAW | 43 4.0 GENERAL PROVISIONS 4.1 Application, Waivers and Exemptions 4.1.1 Application of General Provisions The general provisions of Part 4.0 shall apply to all zones and shall prevail over all zone requirements, unless otherwise specified. 4.1.2 Height regulation The regulation on maximum height for each zone shall not apply to church spires, water tanks, silos, flagpoles, structures and antennae used for radio-communications, ventilators, skylights, chimneys, clock towers, wind turbines and solar collectors. 4.1.3 Mobile vending Mobile vending, associated signs, and associated structures are subject to the Trade and Licensing By-law #11 of the Municipality, and no development permit shall be required. 4.1.4 Permitted uses a) Unless otherwise indicated as a permitted use in a zone within this By-law, the use shall be deemed to be prohibited in said zone. b) Subject to regulations in each zone, uses accessory to, subordinate to, or incidental to the principal use shall be permitted in any zone. 4.1.5 Restoration to a safe condition Nothing in this By-law shall prevent the strengthening or restoring to a safe condition of any structure. 4.1.6 Signs All signs shall be subject to the applicable requirements of Part 10 of this By-law. More Information: The Trade and Licensing By-law can be found at www.chester.ca or by visiting the Municipal Office. GENERAL PROVISIONS | MUNICIPAL LAND USE BY-LAW | 44 4.1.7 Swimming pools No development permit shall be required for the installation of any swimming pool. However, any decking, accessory structures or fencing associated with a swimming pool may require a development permit subject to the provisions of the By-law. 4.1.8 Accessory Uses Accessory Uses Subject to regulations in each zone, uses accessory to, subordinate to, or incidental to the principal use shall be permitted in any zone. 4.1.9 Accessory Structures Accessory structures shall be permitted in all zones and, unless otherwise indicated, shall be subject to the following: a) Shall not be used for human habitation; b) In zones where minimum yards standards apply, shall not be permitted within the front yard of a lot or closer than 1.2 m to any other lot line, with the exception of one accessory structure without plumbing which may be built to the ordinary high-water mark; c) Small accessory structures shall not require a development permit in any zone with the exception of the Single Unit Residential Zone (SU), the Protected Watershed Zone (PW), and on any land within the Lakefront Overlay; d) Notwithstanding 4.1.9 c), in any zone that includes regulations for Farm Animals, Small accessory structures used for the rearing, breeding, boarding, sheltering and keeping of Farm Animals shall require a Development Permit; e) Minor accessory structures shall not require a development permit. 4.2 Aggregate processing 4.2.1 In the Kaizer Meadow Industrial (KI) zone, aggregate processing shall be permitted by development permit. 4.2.2 In any other zone, aggregate processing within the active area designated for the operation of an approved pit or quarry, shall be permitted by development permit. GENERAL PROVISIONS | MUNICIPAL LAND USE BY-LAW | 45 4.2.3 In the General Basic (GB) and Mixed Use (MU) zones, for any location outside of an active area designated for the operation of an approved pit or quarry, and for a period not to exceed six (6) months, aggregate processing shall be permitted by temporary development permit, subject to the following: Provision Standard Minimum distance for the envelope of a processing facility from any existing residential property 360 m Minimum distance for the envelope of a processing facility from any zone boundary other than the Kaizer Meadow Industrial (KI), General Basic (GB), or Mixed Use (MU). 50 m and thereafter not permitted on the same lot except by development agreement. 4.2.4 In the General Basic (GB) and Mixed Use (MU) zones, for any location outside of an active area designated for the operation of an approved pit or quarry, and for a period exceeding six (6) months in any calendar year, aggregate processing shall be permitted by development agreement. 4.3 Agricultural Uses 4.3.1 This By-law does not regulate or control agricultural uses and no development permit shall be required unless otherwise noted in this By-law. 4.4 Cannabis Production Facilities 4.4.1 Indoor Cannabis Production Facilities Indoor Cannabis production facilities completely contained within a building are deemed a light industrial use and shall comply with all zone standards for a light industrial use including but not limited to any required gross floor area or land area requirements. 4.4.2 Outdoor Cannabis Production Facilities Outdoor Cannabis production facilities cultivating, propagating, or harvesting cannabis, are deemed an agricultural use and shall: a) be located a minimum of five hundred (500) m from any permanent dwelling, childcare centre, school, nursery, public park, religious institution, long term care facilities, hospitals or permanent alcohol or drug treatment facility; GENERAL PROVISIONS | MUNICIPAL LAND USE BY-LAW | 46 b) the use shall be set back a minimum of thirty (30) m from all lot lines. 4.5 Community Gardens 4.5.1 Community gardens shall be permitted in any zone and shall not require a development permit. 4.6 Composting, Small-scale 4.6.1 Small-scale composting shall be permitted as an accessory use to commercial, institutional and light industrial uses in zones where such uses are permitted. 4.7 Electrical Generation Facilities The following provisions shall apply to developments not owned by the Municipality or located on Municipally-owned property. 4.7.1 Wind Turbines Wind turbines shall be permitted in all zones by development permit and shall be subject to the following requirements: a) in the Single Unit Residential (SU), Hamlet (HM), and Gateway (GW) zones, total combined production capacity for all wind turbines on the lot shall not exceed five (5) kilowatts; b) in all other zones, total combined production capacity for all wind turbines on the lot shall not exceed one hundred (100) kilowatts; c) wind turbines shall be set back 1.5 times the height of the turbine, measured from grade to the highest point of the rotor’s arc, from adjoining lot lines; d) wind turbines shall not exceed thirty (30) m in height; e) wind turbines shall bear a non-reflective finish, and shall not contain any exterior lighting; f) no sign shall appear on a wind turbine other than the owner’s or manufacturer’s identification; g) rotor blade clearance shall be at least eight (8) m above grade. GENERAL PROVISIONS | MUNICIPAL LAND USE BY-LAW | 47 4.7.2 Solar Collectors Solar collectors shall be permitted in all zones, subject to the following requirements: a) This By-law shall apply to all solar collectors that are not attached to a building on the lot. Solar collectors attached to a building do not require a development permit. Off- building solar collectors shall require a Development Permit, except within the General Basic (GB) zone; b) off-building solar collectors shall be permitted on lots that do not contain a main building; c) where minimum yard standards apply, off-building solar collectors shall not be permitted within the front yard and shall meet the requirements of the zone. 4.7.3 High Capacity Electrical Generating Facilities Any electrical generating facilities not permitted under sections 4.3.1 or 4.3.2, such as a large-scale wind turbine facility or solar farm, shall be permitted by development agreement in the General Basic (GB), Business Park (BP), Kaizer Meadow Industrial (KI) and Kaizer Meadow (KM) zones. 4.8 Farm Animals 4.8.1 The rearing, breeding, boarding, sheltering and keeping of Farm animals does not require a development permit unless otherwise stated in this By-law. 4.9 Farm Markets Farm markets operating one day per week or less shall be permitted in any zone and shall not require a development permit. 4.10 Fences 4.10.1 Requirements for fences are based on height, as follows: Fence height Development Permit Location Requirements 3 m or less No None GENERAL PROVISIONS | MUNICIPAL LAND USE BY-LAW | 48 Greater than 3 m Yes (except within the General Basic (GB) zone Must meet minimum yard requirements of the zone in which it is to be located 4.11 Fuel Production, Alternative Non-commercial 4.11.1 Notwithstanding restrictions within specific zone standards for heavy industrial uses, nothing in this By-law shall prevent the small-scale production of alternative fuel sources such as, but not limited to; biodiesel, methane and ethanol in zones where the production exclusively used in relation to a non-commercial use or non-commerce use. For greater clarity this does not permit any operation involving commercial sale of products or those which require licensing under Provincial Acts relating to fuel production, storage or retail including but not limited to the Resources Conservation Act & Technical Safety Act of Nova Scotia. 4.12 Lots 4.12.1 Common lot line Notwithstanding the yard requirements of each zone, adjoining buildings which are structurally attached to each other are permitted to be built to the common lot line. 4.12.2 Existing undersized lots Notwithstanding minimum lot area and lot frontage requirements established elsewhere in this by-law, a lot which does not satisfy the minimum requirements for lot area, lot frontage, or both, and either was in existence on or before 16 April, 1987 (see MGA Sec. 291), or satisfies one or more of the following requirements (a) or (b) may be used for a purpose permitted in the zone in which the lot is located, and a structure may be erected on the lot, provided that all other applicable provisions of this by-law are satisfied: GENERAL PROVISIONS | MUNICIPAL LAND USE BY-LAW | 49 a) The lot has been created after 16 April 1987 by the consolidation of two or more lots, by the expansion or increase in size of an existing lot, by subdivision under the variance provisions of the Municipal Government Act or by an instrument to which the Municipal Government Act does not apply; or b) The lot is located upon an island, in which case the required lot frontage shall be measured along the ordinary high water mark. 4.12.3 Minimum lot frontage The minimum lot frontage for all lots shall be six (6) m, unless otherwise required in this By-law. 4.13 Non-Conforming Structures and Uses 4.13.1 Non-conforming structures: enlargement and relocation A structure, excluding any sign, which was legally in existence on the effective date of this By-law, and which would not otherwise be permitted due to the size of the yard in which it is located, or its setback from property lines, may be: a) enlarged, reconstructed, repaired, renovated, or replaced by a new structure, provided that the structure shall not thereby be permitted to extend, elongate or increase any existing encroachment into the minimum front yard, flankage yard, side yard or rear yard required in that zone except by the granting of a variance in accordance with this By-law. b) relocated, provided no encroachment into the minimum front yard, flankage yard, or rear yard required in that zone shall be permitted except by the granting of a variance in accordance with this By-law. provided that the application for a development permit is supported by a location certificate or survey plan showing the location of the structure in relation to the boundaries of the lot. More Information: The Municipal Government Act allows certain structures which do not otherwise meet the requirements of this By-law to continue to be used and altered subject to certain criteria. For more information, see sections 238-242 of the Municipal Government Act, available from www.nslegislature.ca GENERAL PROVISIONS | MUNICIPAL LAND USE BY-LAW | 50 4.13.2 Non-conforming structures: used as permitted in zone A structure, excluding any accessory structure or sign, which was legally in existence on the effective date of this By-law, and which would not otherwise be permitted due to the size of the yard in which it is located, or its setback from property lines, may be used as permitted in the zone in which the structure is situated. 4.13.3 Non-conforming uses Prior Existing Uses, land uses which were legally in existence on the effective date of this By-law, and which would not otherwise be permitted in the zone in which they are located due to the type of use or the size of the use, as demonstrated through municipal records or through Statutory Declaration, are subject to the non-conforming provisions of the Municipal Government Act, with the exception that non-conforming uses may be recommenced, if discontinued for a continuous period of less than twelve months. 4.14 Outdoor lighting 4.14.1 For uses requiring a development permit, all outdoor lighting shall be downcast and have full horizontal cut-off so as not to cast directly upon an abutting property. 4.15 Outdoor wood furnaces 4.15.1 Outdoor wood furnaces shall be permitted, subject to development standards, in all zones except the Single Unit Residential (SU) zone. Outdoor wood furnaces shall be located a minimum of 22.5 m from any lot line and forty-five (45) m from dwellings on adjacent lots, shall not have a chimney height lower than the eaves of the building which it serves, but in any case not lower than five (5) m and shall be kept locked when unattended. 4.16 Parking requirements 4.16.1 Where a development permit is required, the minimum requirement for on-site parking shall be one space for every dwelling unit and one space for every fifty (50) m2 of non- residential floor area. More Information: The Municipal Government Act allows uses which would otherwise not be permitted under this By- law to continue, subject to certain criteria. For more information, see sections 238-242 of the Municipal Government Act, available from www.nslegislature.ca GENERAL PROVISIONS | MUNICIPAL LAND USE BY-LAW | 51 4.17 Private storage 4.17.1 Where there is no other main building on the lot, private storage buildings shall be permitted in any zone subject to the zone standards for yards. 4.18 Public Structures and Uses 4.18.1 Public utilities provided by the Municipality such as, but not limited to, sewage treatment plants, pumping stations, water storage reservoirs, and stormwater management facilities shall be permitted in any zone. 4.18.2 Public buildings, public uses and parks shall be permitted in any zone. 4.19 Radio-communications facilities 4.19.1 Nothing in this By-law shall prevent the use of land for the installation of radio-communications facilities that have been issued a license by the Federal Government following due process as prescribed in the Canadian Radiocommunications Information and Notification Service (CRINS) Antenna System Siting Review and Consultation Protocol, Reference Issue 3 [2014] as amended from time to time. 4.20 Salvage yards 4.20.1 Where permitted, salvage yards shall have an approved commercial highway access from the appropriate Provincial or Municipal department. The area of a salvage yard shall be screened to provide a visual barrier that is at least two (2) m in height. 4.21 Shipping containers 4.21.1 Shipping containers shall be permitted, subject to development standards, in all zones except the Single Unit Residential (SU), and Coastal Island (CI) zones and shall not be used for human habitation unless converted in compliance with the Nova Scotia Building Code. 4.22 Site Plan Approval More Information: CRINS is the non- governmental organization that the Municipality has designated as the body which carries out public consultation regarding radio-communications facilities. More information can be found at http://www.crins- sinrc.ca/ GENERAL PROVISIONS | MUNICIPAL LAND USE BY-LAW | 52 4.22.1 Where permitted in the zone, and in accordance with the provisions of the Municipal Government Act, the Development Officer may issue a development permit, upon approval of a site plan approval of moderate-density residential development, or a commercial, institutional, recreational or industrial development, as indicated in zones where such approval may be considered, in which the following requirements have been addressed: a) approval by the authority having jurisdiction for sewage disposal either by an on-site sewage disposal system, or by connection to a municipal central sewer, or by connection to a sewage disposal system satisfying the design and construction requirements of the Municipal Specifications adopted by Council; b) adequate emergency vehicle access; c) adequate solid waste collection access; d) approval by the authority having jurisdiction for access to any public street; e) adequate on-site potable water supply for domestic use and fire suppression, such as not to negatively impact existing abutting developments; f) location of new buildings and additions to existing buildings within the permissible building envelope, and no less than twenty (20) m from any watercourse, water body, or wetland; g) location and design of on-site loading and parking areas to facilitate safe access between building(s) and vehicle parking and maneuvering areas; h) screening of parking areas and any outside storage areas from adjacent properties and from the public street by a fence at least 1.2 m high or an equivalent combination of berms or landscaping; i) location and design of walkways and any outside storage areas so as to facilitate building access, and shall be surfaced with stable materials to prevent dust from blowing onto adjacent properties; j) provision of a landscaped buffer consisting of a combination of trees, shrubs, plants and grass, or retention in the form of existing vegetation, in the front yard, side yard and rear yard, exclusive of parking, driveways and pedestrian walkways, a minimum of 25% of the total land area; GENERAL PROVISIONS | MUNICIPAL LAND USE BY-LAW | 53 k) retention and incorporation of existing vegetation into the site landscaping, including the protection of environmentally sensitive areas; l) with regard to watercourses and water bodies: (i) maintenance of a vegetated buffer of twenty (20) m in depth from the ordinary high-water mark of a watercourse or water body; (ii) retention, replanting and maintenance of the vegetated buffer, in tree cover and understory vegetation to at least 75% of the linear water body frontage of the buffer, and not as a maintained, mowed lawn; (iii) allowance of a 3.5 m wide opening in the vegetated buffer for access to watercourses and water bodies by means of docks, decks and pathways; (iv) allowance of small accessory structures shall be permitted within the vegetative buffer so identified. m) indication on the site plan approval of all easements where applicable; n) indication of measures including lot grading and the limitation of impermeable surfaces, such as concrete and asphalt, to areas for access, parking, and pedestrian walkways so as to demonstrate satisfactory stormwater drainage; o) other than the minimum infilling required for construction of boathouses, slipways, wharves and bridges, indication of adequate management of land levels within twenty (20) m of any watercourse, water body, or the sea such that they are not altered by filling in of land greater that 0.3 m above the natural ground surface; p) provision of outdoor lighting fixtures with full horizontal cut- off such that direct illumination does not extend beyond the lot lines of the development; q) all buildings and all other structures, lawns, trees, shrubs, parking areas, lighting systems, and other landscaping elements shall be maintained in a tidy, attractive and useable state free of unkempt matter of any kind; and the development shall not generate emissions such as dust, radiation, odours, liquids, or light to the air, water, or ground GENERAL PROVISIONS | MUNICIPAL LAND USE BY-LAW | 54 so as to create a recognized health or safety hazard or to create a nuisance to the adjacent properties. 4.22.2 Notwithstanding site plan approval requirements, accessory structures under fifty (50) m2 shall not require site plan approval but shall be approved by development permit. 4.22.3 The applicant shall enter into a written undertaking to carry out the terms of the site plan approval. 4.23 Stormwater Standard 4.23.1 Residential developments comprising 12 or more dwelling units; or a commercial, institutional, light industrial or heavy industrial development with a gross floor area over 1,000 m2 or occupying a land area over 6,000 m2 shall submit a storm drainage plan, furnished by a qualified professional, namely an engineer, using stormwater management best practices such that: a) surface runoff from impermeable surfaces, and rooftop runoff from downspouts, shall drain across permeable areas such as yards, vegetated areas or other permeable surfaces, utilizing rain gardens, drainage swales or other stormwater control methods, before entering any watercourse, water body, wetland, stormwater system, or drainage ditch; b) peak post-development flows do not exceed pre- development flows for all major storms including extreme weather events (1 in 20-year storms). 4.24 Temporary structures 4.24.1 Temporary uses: special occasions Nothing in this By-law shall prevent the use of land for the erection of temporary structures or signs for a special occasion organized and operated by the Municipality, a non-profit organization, or private household. Such use of land shall not require a development permit. 4.24.2 Temporary structures: incidental to construction A temporary structure incidental to construction of a main building, including but not limited to a mobile site office, tool shed, scaffold, shipping container or temporary shelter of goods, GENERAL PROVISIONS | MUNICIPAL LAND USE BY-LAW | 55 shall require a temporary development permit. The temporary structure shall be removed no more than six (6) months from issuance of a temporary development permit for said temporary structure. 4.24.3 Temporary structures: special occasions A temporary structure for special occasions and holidays, including but not limited to community or private celebrations, and commercial promotions, shall not require a development permit, shall not be installed more than ten (10) days prior to the start of the special occasion and shall be removed no more than ten (10) days following the termination of the special occasion. 4.24.4 Temporary signs: special occasions Nothing in this By-law shall prevent the use of land, the use of structures or the erection of signs during and for the purposes of municipal, provincial or federal election campaign provided such uses are terminated and such signs are removed within seven days following the election. 4.25 Places of Worship & Cemeteries 4.25.1 Places of worship and cemeteries shall be permitted in all zones with the exception of the Business Park (BP), Kaizer Meadow Industrial (KI), Kaizer Meadow (KM), Protected Watershed (PW) and Conservation (CS) zones. 4.26 Variances 4.26.1 The Development Officer may grant variances of the required minimum or maximum for: a) the number of parking spaces; b) the number of loading spaces; c) percentage of land that may be built upon; d) size or other requirements relating to yards; e) lot frontage, lot area, or both lot frontage and lot area provided the lot existed on the effective date of this By-law or a variance was granted for the for the lot at the time of subdivision approval; f) the ground area and height of a structure; g) the floor area occupied by a home-based business; and h) the height and area of a sign. GENERAL PROVISIONS | MUNICIPAL LAND USE BY-LAW | 56 4.26.2 In considering these variances, no variance shall be issued unless the development permit application is supported by a location certificate or survey plan showing the location of the parking area, loading area, and structures in relation to the property boundaries. 4.27 Vehicle Habitation & Storage 4.27.1 An automobile, truck, bus, coach, rail car, recreational vehicle or other vehicle, or part thereof, with or without wheels, may be used for human habitation with no requirement for a development permit unless listed in the zone standards. 4.27.2 Storage of a recreational vehicle is permitted on any lot, except as noted within specific Zone Standards. 4.27.3 Notwithstanding 4.27.1 and 4.27.2, additional requirements related to the habitation and storage of vehicles are detailed in the zone standards where applicable. 4.27.4 Section 4.27 shall not apply to recreational vehicles in campgrounds and RV parks. 4.28 Watercourses, Water Bodies, and Wetlands 4.28.1 Lakefront Overlay a) all developments within an area that is covered by the Lakefront Overlay (Schedule “B”) shall require a development permit; b) main buildings are not permitted within the area covered by the Lakefront Overlay. For greater clarity this covers lands within twenty (20) m of the ordinary high water mark of any water body identified on Schedule “B”; c) minimum yard requirements shall not apply to small accessory structures, fire-fighting impoundments and structures related to water systems, or where otherwise permitted in this By-law; d) Impermeable surfaces within the Lakefront Overlay shall not exceed 25% of the total area of the lot including buildings and hard-surface landscaping. 4.28.2 Watercourses, Water Bodies, and Wetlands GENERAL PROVISIONS | MUNICIPAL LAND USE BY-LAW | 57 a) all uses requiring a development permit shall place all buildings at least twenty (20) m from the ordinary high-water mark of any wetland, watercourse or water body; b) setback and minimum yard requirements shall not apply to fire-fighting impoundments, small accessory structures and structures related to water systems, or where otherwise permitted in this By-law. c) if a property owner disagrees with the location of a watercourse, water body or wetland as shown on the Nova Scotia 1:10,000 topographic database, a professional assessment may be submitted by the property owner or their representative proving that the boundaries of a watercourse, water body or wetland have changed or that no water feature is present. In such circumstances, the setbacks, if applicable, being in accordance with the Professional assessment. 4.29 Wharves, slipways and docks 4.29.1 Wharves, slipways, and docks shall be permitted without a development permit, except as noted within specific Zone Standards. GENERAL PROVISIONS | MUNICIPAL LAND USE BY-LAW | 58 RURAL AREA | MUNICIPAL LAND USE BY-LAW | 59 5.0 RURAL AREA 5.1 Application The provisions of this part shall apply throughout the General Basic (GB). RURAL AREA | MUNICIPAL LAND USE BY-LAW | 60 RURAL AREA | MUNICIPAL LAND USE BY-LAW | 61 GB 5.2 General Basic Zone 5.2.1 Developments for which no development permit is required No development permit shall be required for all developments with the exception of those listed in Section 5.2.3 (Uses subject to development control), Section 4.28.1 (Lakefront Overlay) and Section 5.2.4 (Prohibited uses). 5.2.2 Application of General Provisions Section 4, General Provisions, apply within the General Basic zone only when a development permit is required. 5.2.3 Uses subject to development control The following uses are permitted in the General Basic (GB) zone subject to the specified approval process and zone standards: Approval Process Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height of Structure Residential 5 – 11 dwelling units on a lot SP 3 m 3 m 3 m none 12 or more dwelling units on a lot DA Land lease communities DA Commercial / Institutional Campgrounds and RV Parks up to 20 sites DP 10 m 10 m 10 m none Campgrounds and RV Parks 21 or more sites DA Golf Courses DA Marinas DP 5 m 5 m 5 m none Recycling Depots DP 7.5 m 7.5 m 7.5 m none Tourist Accommodations up to 20 units DP 7.5 m 7.5 m 7.5 m none Tourist Accommodations 21 or more units SP 7.5 m 7.5 m 7.5 m none Abbreviations: DP = Development Permit SP = Site Plan Approval DA = Development Agreement GB RURAL AREA | MUNICIPAL LAND USE BY-LAW | 62 Approval Process Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height of Structure Any other commercial/institutional development or combination of developments with gross floor area between 1000 m2 and 2800 m2 or which occupies a land area between 6000 m2 and 15000 m2, whichever is lesser DP 5 m 5 m 5 m none Any other commercial/institutional development or combination of developments with gross floor area greater than 2800 m2 or which occupies a land area greater than 15000 m2, whichever is lesser DA Light Industrial Abattoirs up to 2500 m2 SP 7.5 m 7.5 m 7.5 m none Abattoirs over 2500 m2 DA Aggregate processing Permitted subject to the provisions of section 4.2 Aquaculture, including inland fish farms and hatcheries DA Salvage Yards up to 2500 m2 DP 7.5 m 7.5 m 7.5 m none Salvage Yards over 2500 m2 SP 7.5 m 7.5 m 7.5 m none Any other light industrial development or combination of developments with gross floor area between 1000 m2 and 2800 m2 or which occupies a land area between 6000 m2 and 15000 m2, whichever is lesser DP 5 m 5 m 5 m none GB RURAL AREA | MUNICIPAL LAND USE BY-LAW | 63 Approval Process Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height of Structure Any other light industrial development or combination of developments with gross floor area over 2800 m2 or which occupies a land area over 15000 m2, whichever is lesser DA Other Outdoor Cannabis Production Facilities Permitted subject to the provisions of section 4.4 Fur farming DA Waterfront Parks not owned by the Municipality DA 5.2.4 Prohibited Uses and Developments The following uses and developments are prohibited in the General Basic (GB) Zone: a) all heavy industrial developments. GB RURAL AREA | MUNICIPAL LAND USE BY-LAW | 64 SETTLEMENT AREA | MUNICIPAL LAND USE BY-LAW | 65 6.0 SETTLEMENT AREA 6.1 Application The provisions of this part shall apply to the Single Unit Residential (SU), Settlement Residential One (SR-1), Settlement Residential Two (SR-2), Mixed Use (MU), Coastal Island (CI), Coastal Island Two (CI-2), and Gateway (GW) zones. SETTLEMENT AREA | MUNICIPAL LAND USE BY-LAW | 66 SETTLEMENT AREA | MUNICIPAL LAND USE BY-LAW | 67 6.2 Single Unit Residential Zone 6.2.1 Permitted Uses and Developments The following uses are permitted in the Single Unit Residential (SU) zone subject to the specified approval process and standards: Approval Process Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height of Structure Residential Detached dwelling up to 1 per lot DP 1.5 m 1.5 m 1.5 m 10 m Home-based Businesses DP Subject to section 6.2.7 Other Waterfront Parks not owned by the Municipality DA 6.2.2 Prohibited Uses and Developments The following uses and developments are prohibited in the Single Unit Residential (SU) zone: a) manufactured homes; b) shipping containers; c) the rearing, breeding, boarding, sheltering and keeping of any Farm Animal; d) outdoor wood furnaces. 6.2.3 Special Requirements: Habitation of Vehicles Within the Single Unit Residential (SU) zone, no automobile, truck, bus, coach, rail car, recreational vehicle or other vehicle, or part thereof, with or without wheels, shall be used for human habitation, except that a recreational vehicle may be used for temporary human habitation for a maximum of sixty (60) days in any calendar year provided that such use: a) has received a temporary development permit for the sixty (60) day period of habitation; b) is carried out in a recreational vehicle bearing a valid motor vehicle registration and inspection; c) is limited to one (1) recreational vehicle on a lot at any one time; Abbreviations: DP = Development Permit SP = Site Plan Approval DA = Development Agreement SU SU SETTLEMENT AREA | MUNICIPAL LAND USE BY-LAW | 68 d) meets all minimum yard requirements for residential uses in the zone in which the recreational vehicle is located; e) shall not be connected to a wastewater system. 6.2.4 Special Requirements: Short-Term Habitation of Vehicles Notwithstanding 6.2.3, nothing shall prevent the temporary habitation of recreational vehicles within the Single Unit Residential (SU) zone, up to a maximum of fourteen (14) days in any calendar year without the requirement for a temporary development permit or a development permit. 6.2.5 Special Requirements: Storage of Recreational Vehicles Within the Single Unit Residential (SU) zone, storage of a recreational vehicle is only permitted on lots that also contain a dwelling. 6.2.6 Special Requirements: Storage in Vehicles No automobile, truck, bus, coach, streetcar, recreational vehicle, camper or other motor vehicle or part thereof, with or without wheels, no mobile home, container, shall be used for the storage or shelter of goods of any description. 6.2.7 Special Requirements: Home Based Business A residential dwelling may be used for a home-based business provided that: a) the dwelling is occupied as the place of primary residence by the operator of the business; b) no more than 25% of the floor area of the main dwelling, or a maximum of fifty (50) m² of floor area, whichever is less, is devoted to the business use; c) home-based businesses shall fall within one of the following: i) Professional services; ii) Craft workshops; iii) Studios for the practice or instruction of fine arts or crafts; iv) Home office & sales uses that do not host, intake or receive clients on-site. SU SETTLEMENT AREA | MUNICIPAL LAND USE BY-LAW | 69 d) retail sales shall be limited to the sale of products, made, assembled, refinished or repaired on the premises; e) one (1) on-site parking space, in addition to that required for the dwelling, is provided; f) Outdoor display associated with the business shall not be permitted; g) outdoor storage associated with the business shall be permitted in the rear yard only and shall be required to be screened from view by a fence, no less than two (2) m in height; h) the external appearance of the building shall not be changed by the home-based business; j) no signs shall be permitted on the lot related to the home- based business. SU SETTLEMENT AREA | MUNICIPAL LAND USE BY-LAW | 70 SETTLEMENT AREA | MUNICIPAL LAND USE BY-LAW | 71 6.3 Settlement Residential One Zone 6.3.1 Permitted Uses and Developments The following uses are permitted in the Settlement Residential One (SR-1) zone subject to the specified approval process and standards: Approval Process Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height of Structure Residential 1 – 2 dwelling units on a lot DP 1.5 m 1.5 m 1.5 m 11 m 3 – 11 dwelling units on a lot DA Commercial / Institutional Tourist Accommodations up to 3 units DP 1.5 m 3 m 3 m 11 m Marinas DA Any other commercial or institutional use or combination of uses not listed in section 6.3.2 with a gross floor area up to 70 m2 or which occupies a land area up to 210 m2, whichever is lesser DP 1.5 m 3 m 3 m 11 m Any other commercial or institutional use or combination of uses not listed in Section 6.3.2 with a gross floor area over 70 m2 or which occupies a land area over 210 m2, whichever is lesser DA Light Industrial Abbreviations: DP = Development Permit SP = Site Plan Approval DA = Development Agreement SR-1 SR-1 SETTLEMENT AREA | MUNICIPAL LAND USE BY-LAW | 72 Approval Process Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height of Structure Any other light industrial development or combination of developments not listed in Section 6.3.2 with a gross floor area up to 70 m2 or which occupies a land area up to 210 m2, whichever is lesser DP 7 m 7 m 7 m 11 m Any other light industrial development or combination of developments not listed in Section 6.3.2 with a gross floor area over 70 m2 or which occupies a land area over 210 m2, whichever is lesser DA Other Outdoor Cannabis Production Facilities Permitted subject to the provisions of section 4.4 Forestry Processing DP 5 m 5 m 5 m 11m Farm Animals DP Subject to the provisions of section 6.3.3 Waterfront Parks not owned by the Municipality DA 6.3.2 Prohibited Uses and Developments The following uses and developments are prohibited in the Settlement Residential One (SR-1) Zone: a) Abattoirs; b) Composting Facilities; c) Campgrounds/RV Parks; d) Fur Farming; e) Kennels; f) Contaminated soil facilities; g) Manufactured homes; h) Shipping containers; i) Processing facilities handling meat, fish or poultry products; j) Salvage yards; k) All heavy industrial developments. SR-1 SETTLEMENT AREA | MUNICIPAL LAND USE BY-LAW | 73 6.3.3 Special Requirements – Farm Animals In the Settlement Residential One (SR-1) zone: (a) any lot used for the rearing, breeding, boarding sheltering or keeping of a farm animal or farm animals that constitutes one (1) or more farm animal units shall have an area no less than 3716 m2 for the first farm animal unit, and an additional 1858 m2 for each additional farm animal unit. (b) no person shall keep any farm animal or farm animals constituting one (1) or more farm animal units within thirty (30) m of a dug well or a watercourse. (c) any lot used for the rearing or keeping of a farm animal or farm animals, the following separations from lot boundaries shall apply: Land Use Minimum Distance From Property Boundary Manure and used bedding storage 15 m Building sheltering 5 or fewer Farm Animal Units 15 m Building sheltering more than 5 Farm Animal Units 60 m 6.3.4 Special Requirements: Habitation of Vehicles Within the Settlement Residential One (SR-1) zone, no automobile, truck, bus, coach, rail car, recreational vehicle or other vehicle, or part thereof, with or without wheels, shall be used for human habitation, except that a recreational vehicle may be used for temporary human habitation for a maximum of 180 days in any calendar year provided that such use: a) has received a temporary development permit for the 180- day period of habitation; b) is carried out in a recreational vehicle bearing a valid motor vehicle registration and inspection; c) is limited to one (1) recreational vehicle on a lot at any one time; d) meets all minimum yard requirements for residential uses in the zone in which the recreational vehicle is located; e) shall not be connected to a wastewater system. SR-1 SETTLEMENT AREA | MUNICIPAL LAND USE BY-LAW | 74 6.3.5 Special Requirements: Short-Term Habitation of Vehicles Notwithstanding 6.2.3, nothing shall prevent the temporary habitation of recreational vehicles within the Settlement Residential One (SR-1) zone, up to a maximum of fourteen days in any calendar year without the requirement for a temporary development permit or a development permit. 6.3.6 Special Requirements: Storage of Recreational Vehicles Within the Settlement Residential One (SR-1) zone, storage of a recreational vehicle is only permitted on lots that also contain a dwelling. 6.3.7 Special Requirements: Storage in Vehicles No automobile, truck, bus, coach, streetcar, recreational vehicle, camper or other motor vehicle or part thereof, with or without wheels, no mobile home, container, shall be used for the storage or shelter of goods of any description. SR-1 SETTLEMENT AREA | MUNICIPAL LAND USE BY-LAW | 75 6.4 Settlement Residential Two Zone 6.4.1 Permitted Uses and Developments The following uses are permitted in the Settlement Residential Two (SR-2) zone subject to the specified approval process and standards: Approval Process Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height of Structure Residential 1 – 2 dwelling units on a lot DP 1.5 m 1.5 m 1.5 m 11 m 3 – 11 dwelling units on a lot SP 1.5 m 1.5 m 1.5 m 11 m 12 or more dwelling units on a lot DA Land Lease Communities DA Commercial / Institutional Golf Courses DA Marinas DP 1.5 m 10 m none 11 m Tourist Accommodations up to 20 units DP 7 m 7 m 7 m 11 m Any other commercial or institutional use or combination of uses not listed in section 6.4.2 with a gross floor area less than 100 m2 or which occupies a land area less than 500 m2, whichever is lesser DP 1.5 m 3 m 3 m 11 m Any other commercial or institutional use or combination of uses not listed in Section 6.4.3 with a gross floor area between 100 m2 and 500 m2 or which occupies a land area between 500 m2 and 2000 m2, whichever is lesser SP 1.5 m 3 m 3 m 11 m Light Industrial Abbreviations: DP = Development Permit SP = Site Plan Approval DA = Development Agreement SR-2 SR-2 SETTLEMENT AREA | MUNICIPAL LAND USE BY-LAW | 76 Approval Process Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height of Structure Any other light industrial development or combination of developments not listed in Section 6.4.2 with a gross floor area less than 100 m2 or which occupies a land area less than 500 m2, whichever is lesser DP 7 m 7 m 7 m 11 m Any other light industrial development or combination of developments not listed in Section 6.4.2 between 100 m2 and 500 m2 of gross floor area or which occupies a land area between 500 m2 and 2000 m2, whichever is lesser SP 7 m 7 m 7 m 11 m Research Facility DP 1.5 m 3 m 3 m 11 m Other Outdoor Cannabis Production Facilities Permitted subject to the provisions of section 4.4 Forestry Processing DP 5 m 5 m 5 m 11m Waterfront Parks not owned by the Municipality DA 6.4.2 Prohibited Uses and Developments The following uses and developments are prohibited in the Settlement Residential (SR) Zone: a) Abattoirs; b) Composting Facilities; c) Fur Farming; d) Contaminated Soil Facilities; e) Salvage Yards; f) Processing facilities handling meat, fish or poultry products; g) All heavy industrial developments. SR-2 SETTLEMENT AREA | MUNICIPAL LAND USE BY-LAW | 77 6.5 Mixed-Use Zone 6.5.1 Permitted Uses and Developments The following uses are permitted in the Mixed Use (MU) Zone subject to the specified approval process and standards: Approval Process Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height of Structure Residential 1 – 4 dwelling units on a lot DP 1.5 m 1.5 m 1.5 m none 5 – 11 dwelling units on a lot SP 3 m 3 m 3 m none 12 or more dwelling units on a lot DA Land lease communities DA Commercial / Institutional Campgrounds and RV Parks up to 20 sites DP 10 m 10 m 10 m none Campgrounds and RV Parks more than 21 sites DA Golf Courses DA Marinas DP 5 m 5 m none none Tourist Accommodations up to 20 units DP 7.5 m 7.5 m 7.5 m none Tourist Accommodations 20-50 units SP 7.5 m 7.5 m 7.5 m none Tourist Accommodations more than 50 units DA Recycling Depots DP 5 m 5 m 5.m none Any other commercial/institutional development or combination of developments with gross floor area up to 2000 m2 or which occupies a land area up to 6000 m2, whichever is lesser DP 5 m 5 m 5 m none Abbreviations: DP = Development Permit SP = Site Plan Approval DA = Development Agreement MU MU SETTLEMENT AREA | MUNICIPAL LAND USE BY-LAW | 78 Approval Process Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height of Structure Any other commercial/institutional development with gross floor area greater than 2000 m2 or which occupies a land area greater than 6000 m2, whichever is lesser DA Light Industrial Abattoirs less than 2500 m2 SP 10 m 10 m 10 m none Aggregate processing Permitted subject to the provisions of section 4.2 Aquaculture, including inland fish farms and hatcheries DA Indoor Cannabis Production Facilities DP 5 m 5 m 5 m none Salvage yards less than 2500 m2 SP 10 m 10 m 10 m none Any other light industrial development or combination of developments with gross floor area up to 2000 m2 or which occupies a land area up to 6000 m2, whichever is lesser DP 5 m 5 m 5 m none Any other light industrial development or combination of developments with gross floor area greater than 2000 m2 or which occupies a land area greater than 6000 m2, whichever is lesser DA Other Outdoor Cannabis Production Facilities Permitted subject to the provisions of section 4.4 Forestry Processing DP 5 m 5 m 5 m 11m Waterfront Parks not owned by the Municipality DA MU SETTLEMENT AREA | MUNICIPAL LAND USE BY-LAW | 79 6.5.2 Prohibited Uses and Developments The following uses and developments are prohibited in the Mixed Use (MU) zone: a) All heavy industrial developments; b) Abattoirs over 2500 m2; c) Composting Facilities; d) Fur Farming; e) Contaminated Soil Facilities; f) Salvage Yards over 2500 m2. MU SETTLEMENT AREA | MUNICIPAL LAND USE BY-LAW | 80 6.6 Coastal Island One Zone 6.6.1 Permitted Uses and Developments The following uses are permitted in the Coastal Island One (CI-1) zone subject to the specified approval process and standards: Approval Process Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height of Structure Residential 1 dwelling unit on a lot DP 7.5 m 7.5 m 7.5 m 7 m Home-based Businesses DP Subject to section 6.6.3 Commercial / Institutional Aquaculture, including inland fish farms and hatcheries DP 7.5 m 7.5 m 7.5 m 7 m Campgrounds and RV Parks up to 20 sites DP 7.5 m 7.5 m 7.5 m 7 m Tourist Accommodations up to 20 units DP 7.5 m 7.5 m 7.5 m 7 m Any commercial/ institutional use or combination of uses with a gross floor area less than 100 m2 DP 7.5 m 7.5 m 7.5 m 7 m Other Forestry Processing DP 5 m 5 m 5 m 7m Waterfront Parks not owned by the Municipality DA 6.6.2 Prohibited Uses and Developments The following uses and developments are prohibited in the Coastal Island One (CI-1) zone: a) All light industrial and heavy industrial developments. 6.6.3 Special Requirements - Home Based Business A residential dwelling may be used for a home-based business provided that: a) the dwelling is occupied as the place of primary residence by the operator of the business; Abbreviations: DP = Development Permit SP = Site Plan Approval DA = Development Agreement CI-1 CI-1 SETTLEMENT AREA | MUNICIPAL LAND USE BY-LAW | 81 b) no more than 25% of the floor area of the main dwelling, or a maximum of fifty (50) m² of floor area, whichever is less, is devoted to the business use; c) home-based businesses shall fall within one of the following: i) Professional services; ii) Craft workshops; iii) Studios for the practice or instruction of fine arts or crafts. d) one on-site parking space, in addition to that required for the dwelling, is provided; e) Outdoor display associated with the business shall not be permitted; f) outdoor storage associated with the business shall be permitted in the rear yard only and shall be required to be screened from view by a fence, no less than two (2) m in height; g) the external appearance of the building shall not be changed by the home-based business; h) signs advertising home-based businesses within the Coastal Island One zone shall not exceed 0.5 m2. CI-1 SETTLEMENT AREA | MUNICIPAL LAND USE BY-LAW | 82 6.7 Coastal Island Two Zone 6.7.1 Permitted Uses and Developments The following uses are permitted in the Coastal Island Two (CI-2) zone subject to the specified approval process and standards: Approval Process Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height of Structure Residential 1 dwelling unit on a lot DP 7.5 m 7.5 m 7.5 m 7 m Home-based Businesses DP Subject to section 6.7.4 Commercial / Institutional Aquaculture, including inland fish farms and hatcheries DP 7.5 m 7.5 m 7.5 m 7 m Campgrounds and RV Parks up to 20 sites DP 7.5 m 7.5 m 7.5 m 7 m Tourist Accommodations up to 20 units DP 7.5 m 7.5 m 7.5 m 7 m Any commercial/ institutional use or combination of uses with a gross floor area less than 100 m2 DP 7.5 m 7.5 m 7.5 m 7 m Other Forestry Processing DP 5 m 5 m 5 m 7m Waterfront Parks not owned by the Municipality DA 6.7.2 Special Requirements – Lot Area & Shoreline Lot Frontage All newly created lots within the Coastal Island Two (CI-2) zone shall conform with the following: Minimum Lot Area 40000 m2 Minimum Shoreline Lot Frontage 150 m 6.7.3 Prohibited Uses and Developments The following uses and developments are prohibited in the Coastal Island Two (CI-2) zone: Abbreviations: DP = Development Permit SP = Site Plan Approval DA = Development Agreement CI-2 CI-2 SETTLEMENT AREA | MUNICIPAL LAND USE BY-LAW | 83 a) All light industrial and heavy industrial developments. 6.7.4 Special Requirements - Home Based Business A residential dwelling may be used for a home-based business provided that: a) the dwelling is occupied as the place of primary residence by the operator of the business; b) no more than 25% of the floor area of the main dwelling, or a maximum of fifty (50) m² of floor area, whichever is less, is devoted to the business use; c) home-based businesses shall fall within one of the following: i) Professional services; ii) Craft workshops; iii) Studios for the practice or instruction of fine arts or crafts. d) one on-site parking space, in addition to that required for the dwelling, is provided; e) outdoor display associated with the business shall not be permitted; f) outdoor storage associated with the business shall be permitted in the rear yard only and shall be required to be screened from view by a fence, no less than two (2) m in height; g) the external appearance of the building shall not be changed by the home-based business; h) signs advertising home-based businesses within the Coastal Island Two zone shall not exceed 0.5 m2. CI-2 SETTLEMENT AREA | MUNICIPAL LAND USE BY-LAW | 84 6.8 Gateway Zone 6.8.1 Permitted Uses and Developments The following uses are permitted in the Gateway (GW) zone subject to the specified approval process and standards: Approval Process Max. Front Yard Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height of Structure Residential 1 – 4 dwelling units on a lot DP 1.5 m 1.5 m 1.5 m 15 m 5 – 11 dwelling units on a lot SP 12.5 m 1.5 m 1.5 m 1.5 m 15 m 12 or more dwelling units on a lot DA Land lease communities DA Commercial / Institutional Automobile sales and service DP 12.5 m 5 m 5 m 5 m 15 m Animal Hospitals DP 12.5 m 5 m 5 m 5 m 15 m Beverage Rooms and Lounges DP 12.5 m none 7.5 m 7.5 m 15 m Child Care Facilities DP 12.5 m none 5 m 5 m 15 m Places of entertainment, recreation, and assembly DP 12.5 m 5 m 10 m 10 m 15 m Kennels DA Recycling Depots SP 12.5 m 10 m 10 m 10 m 15 m Restaurants DP 12.5 m 5 m 10 m 10 m 15 m Shopping Centres SP 12.5 m 5 m 10 m 10 m 15 m Golf Courses DA Tourist Accommodations up to 50 units SP 12.5 m 5 m 7.5 m 7.5 m 15 m Tourist Accommodations more than 50 units DA Any other commercial/institutional development or combination of developments with gross floor area up to 2000 m2 or which occupies a land area up to 4000 m2, whichever is lesser DP 12.5 m 1.5 m 5 m 5 m 15 m Abbreviations: DP = Development Permit SP = Site Plan Approval DA = Development Agreement GW GW SETTLEMENT AREA | MUNICIPAL LAND USE BY-LAW | 85 Approval Process Max. Front Yard Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height of Structure Any other commercial/institutional development or combination of developments with gross floor area greater than 2000 m2 or which occupies a land area greater than 4000 m2, whichever is lesser SP 12.5 m 5 m 5 m 5 m 15 m Light Industrial Any other light industrial development or combination of developments with a gross floor area less than 1,000 m2 or which occupies a land area less than 2000 m2, whichever is lesser DP 12.5 m 7.5 m 7.5 m 7.5 m 15 m Any other light industrial development or combination of developments with a gross floor area between 1,000 m2 and 2,000 m2 or which occupies a land area between 2,000 m2 less than 6000 m2, whichever is lesser SP 12.5 m 7.5 m 7.5 m 7.5 m 15 m Other Outdoor Cannabis Production Facilities Permitted subject to the provisions of section 4.4 Forestry Processing DP 5 m 5 m 5 m 15m Waterfront Parks not owned by the Municipality DA 6.8.2 Prohibited Uses and Developments The following uses and developments are prohibited in the Gateway (GW) Zone: a) Fur farming; b) Salvage Yards; GW SETTLEMENT AREA | MUNICIPAL LAND USE BY-LAW | 86 c) All heavy industrial developments. 6.8.3 Special Requirements – Shipping Containers in areas zoned Gateway (GW) that abut the Village of Chester Planning Area Shipping containers shall be permitted in those Gateway (GW) Zone areas that abut the Village of Chester Planning Area boundary subject to the following: Shipping containers shall: a) not be used for human habitation; b) only be used for non-residential purposes; c) only be allowed as an accessory structure to a permitted non-residential building; d) only be used for the storage and shelter of goods; e) be a minimum of 1.5 m from a rear lot line or side lot line; f) be set back from the front lot line a minimum of twelve (12) m or a distance 3.5 m greater than the main building minimum front yard, whichever is greater; g) be set back from the flankage lot line a minimum of twelve (12) m or a distance 3.5 m greater than the main building minimum flankage yard, whichever is greater; h) be screened from view on all sides by a minimum 1.8 m high opaque fence; i) be limited to one (1) shipping container per lot; j) be placed so that the narrow end of the shipping container faces the public street, unless the shipping container is placed behind a building of equal or greater length than the long side of the shipping container; k) be placed at grade; and l) have no logos, lettering, numbering, decals, or commercial advertisements attached or affixed to the shipping container. GW HAMLET AREA | MUNICIPAL LAND USE BY-LAW | 87 7.0 HAMLET AREA 7.1 Application The provisions of this part shall apply to the Hamlet (HM) zone. HAMLET AREA | MUNICIPAL LAND USE BY-LAW | 89 7.2 Hamlet Zone 7.2.1 Permitted Uses and Developments The following uses are permitted in the Hamlet (HM) zone subject to the specified approval process and standards: Approval Process Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height of Structure Residential 1 – 4 dwelling units on a lot DP 1.5 m 1.5 m 1.5 m 15 m 5 – 11 dwelling units on a lot SP 1.5 m 1.5 m 1.5 m 15 m 12 or more dwelling units on a lot DA Land lease communities DA Commercial Campgrounds and RV Parks up to 20 sites DP 10 m 10 m 10 m 15 m Marinas DP none 3 m none 15 m Tourist Accommodations up to 20 units DP 10 m 10 m 10 m 15 m Any other commercial development or combination of developments with gross floor area less than 100 m2 or which occupies a land area less than 500 m2, whichever is lesser DP 5 m 5 m 5 m 15 m Any other commercial development or combination of developments with gross floor area between 100 m2 and 500 m2 or which occupies a land area between 500 m2 and 2800 m2, whichever is lesser SP 5 m 5 m 5 m 15 m Institutional Any institutional development or combination of developments with gross floor area up to 1000 m2 DP 5 m 5 m 5 m 15 m Abbreviations: DP = Development Permit SP = Site Plan Approval DA = Development Agreement HM HM HAMLET AREA | MUNICIPAL LAND USE BY-LAW | 90 Approval Process Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height of Structure Any institutional development or combination of developments with a gross floor area over 1000 m2 SP Light Industrial Any other light industrial development or combination of developments not listed in Section 7.2.2 with a gross floor area less than 100 m2 or which occupies a land area less than 500 m2, whichever is lesser DP 5 m 5 m 5 m 15 m Any other light industrial development or combination of developments not listed in Section 7.2.2 with a gross floor area between 100 m2 and 500 m2 or which occupies a land area between 500 m2 and 2800 m2, whichever is lesser SP 5 m 5 m 5 m 15 m Research facilities DP 5 m 5 m 5 m 15 m Other Outdoor Cannabis Production Facilities Permitted subject to the provisions of section 4.4 Waterfront Parks not owned by the Municipality DA 7.2.2 Prohibited Uses and Developments The following uses and developments are prohibited in the Hamlet (HM) zone: a) Fur farming; b) All heavy industrial developments; c) Salvage Yards; d) Abattoirs; HM HM HAMLET AREA | MUNICIPAL LAND USE BY-LAW | 91 e) Composting facilities; f) Processing facilities handling meat, fish or poultry products. HAMLET AREA | MUNICIPAL LAND USE BY-LAW | 92 INDUSTRIAL AND BUSINESS AREA | MUNICIPAL LAND USE BY-LAW | 93 8.0 INDUSTRIAL AND BUSINESS AREA 8.1 Application The provisions of this part shall apply to the Business Park (BP), the Kaizer Meadow Industrial (KI) the Kaizer Meadow (KM) and the Neighbourhood Comprehensive Development District (NCDD) zones. INDUSTRIAL AND BUSINESS AREA | MUNICIPAL LAND USE BY-LAW | 94 INDUSTRIAL AND BUSINESS AREA | MUNICIPAL LAND USE BY-LAW | 95 8.2 Business Park Zone 8.2.1 Permitted Uses and Developments The following uses are permitted in the Business Park (BP) zone subject to the specified approval process and standards: Approval Process Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height of Structure Commercial Any commercial development DP 1.5 m 1.5 m 1.5 m none Light Industrial Any light industrial development DP 3 m 3 m 3 m none Other Outdoor Cannabis Production Facilities Permitted subject to the provisions of section 4.4 Forestry processing DP 5 m 5 m 5 m none Waterfront Parks not owned by the Municipality DA 8.2.2 Prohibited Uses and Developments The following uses and developments are prohibited in the Business Park (BP) zone: a) Any residential use; b) Campgrounds and RV Parks; c) Tourist Accommodations; d) Places of worship and cemeteries; e) Fur farming; f) All heavy industrial development. Abbreviations: DP = Development Permit SP = Site Plan Approval DA = Development Agreement BP BP INDUSTRIAL AND BUSINESS AREA | MUNICIPAL LAND USE BY-LAW | 96 INDUSTRIAL AND BUSINESS AREA | MUNICIPAL LAND USE BY-LAW | 97 8.3 Kaizer Meadow Industrial Zone 8.3.1 Permitted Uses and Developments The following uses are permitted in the Kaizer Meadow Industrial (KI) zone subject to the specified approval process and standards: Approval Process Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height of Structure Light Industrial Landfills and their accessory uses none none none none none Aggregate processing Permitted subject to the provisions of section 4.2 All other light industrial development DP none none none none Heavy Industrial Developments requiring Environmental Assessment pursuant to the Nova Scotia Environmental Assessment Regulations DA All other heavy industrial uses DP none none none none Other Outdoor Cannabis Production Facilities Permitted subject to the provisions of section 4.4 Forestry processing DP none none none none 8.3.2 Prohibited Uses and Developments The following uses and developments are prohibited in the Kaizer Meadow Industrial (KI) zone: a) Any residential use; b) Campgrounds and RV parks; c) Places of worship and cemeteries; d) Tourist accommodations; e) Fur farming. 8.3.3 Special Requirement: Setbacks from Property Lines Developments shall be set back twenty (20) m from any lot line that is shared with any property not zoned either Kaizer Meadow (KM) or Kaizer Meadow Industrial (KI) zones. Abbreviations: DP = Development Permit SP = Site Plan Approval DA = Development Agreement KI KI INDUSTRIAL AND BUSINESS AREA | MUNICIPAL LAND USE BY-LAW | 98 8.3.4 Special Requirement: Watercourse Buffers All developments shall: a) place all buildings at least twenty-five (25) m from the edge of any watercourse, water body or wetland; b) maintain a buffer of natural vegetation within twenty-five (25) m of a watercourse, water body, or wetland. Mature woody vegetation and shrubbery shall remain in place to promote bank stability and to reduce erosion risk; and existing vegetation along the water course should remain in place to filter runoff, promote water quality, protect the aquatic ecosystem, and provide cover habitat for wildlife. Provision will be made to allow for removal of diseased or dead vegetation or vegetation which poses either a health or safety issue. KI INDUSTRIAL AND BUSINESS AREA | MUNICIPAL LAND USE BY-LAW | 99 8.4 Kaizer Meadow Zone 8.4.1 Permitted Uses and Developments The following uses are permitted in the Kaizer Meadow (KM) zone subject to the specified approval process and standards: Approval Process Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height of Structure Commercial Campgrounds and RV parks up to 20 sites DP none none none none Light Industrial Abattoirs DP none none none none Aquaculture, inland fish farms, and hatcheries DP none none none none Composting facilities DP none none none none Landfills DP none none none none Salvage yards DP none none none none Solid Waste Facilities Any other light industrial development or combination of developments with gross floor area up to 2000 m2 or which occupies a land area up to 6000 m2, whichever is lesser DP none none none none Any other light industrial development or combination of developments with gross floor area greater than 2000 m2 or which occupies a land area greater than 6000 m2, whichever is lesser DA Other Outdoor Cannabis Production Facilities Permitted subject to the provisions of section 4.4 Forestry processing DP none none none none Recreation and outdoor activities none none none none none Abbreviations: DP = Development Permit SP = Site Plan Approval DA = Development Agreement KM KM INDUSTRIAL AND BUSINESS AREA | MUNICIPAL LAND USE BY-LAW | 100 8.4.2 Prohibited Uses and Developments The following uses and developments are prohibited in the Kaizer Meadow (KM) zone: a) Any residential use; b) Places of worship and cemeteries; c) Tourist accommodations; d) Fur farming. 8.4.3 Special Requirement: Abutting Zone Setback Notwithstanding minimum yard requirements shown in section 8.4.1, developments shall be setback twenty-five (25) m from any lot line that is shared with any lot not zoned either Kaizer Meadow (KM) or Kaizer Meadow Industrial (KI). 8.4.4 Special Requirement: Watercourse Buffers All developments shall: a) Place all buildings at least twenty-five (25) m from the edge of any watercourse, water body or wetland; b) Maintain a buffer of natural vegetation within twenty-five (25) m of a watercourse, water body, or wetland. Mature, woody vegetation and shrubbery shall remain in place to promote bank stability and to reduce erosion risk; and existing vegetation along the water course should remain in place to filter runoff, promote water quality, protect the aquatic ecosystem, and provide cover habitat for wildlife. Provision will be made to allow for removal of diseased or dead vegetation or vegetation which poses either a health or safety issue. 8.4.5 Special Requirement: Highway 14 Buffer Notwithstanding permitted uses listed in section 8.5.1, all land uses between Highway 14 and where the Kaizer Meadow (KM) zone meets the Kaizer Meadow Industrial (KI) zone shall be restricted to recreation and outdoor activities. KM INDUSTRIAL AND BUSINESS AREA | MUNICIPAL LAND USE BY-LAW | 101 8.5 Neighbourhood Comprehensive Development District Zone 8.5.1 Permitted Uses and Developments The following uses are permitted in the Neighbourhood Comprehensive Development District (NCDD) zone subject to the specified approval process and standards: Approval Process Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height of Structure Municipal Parks DP none none none none 1 – 2 dwelling units on an Existing lot in Mill Cove Park listed below DP 1.5 m 1.5 m 1.5 m 11 m All other Developments & uses in accordance with an approved Development agreement pursuant with the Municipal Planning Strategy. DA Abbreviations: DP = Development Permit SP = Site Plan Approval DA = Development Agreement Existing Lots in Mill Cove Park NCDD Zone 60425048 60670718 60661907 60670593 60670635 60662012 60077799 60670726 60661915 60670601 60670734 60661980 60613452 60662020 60661923 60670619 60670668 60657616 60661568 60670643 60670692 60661998 60670676 60657640 60661550 60661931 60670700 60670627 60670684 60661584 60661543 60661949 60423506 60662004 60657657 60661972 60670650 60657665 60657681 60657673 60657608 60657590 60657632 60657624 60661964 60661956 60661576 NCDD NCDD ENVIRONMENTAL PROTECTION AREA | MUNICIPAL LAND USE BY-LAW | 103 9.0 ENVIRONMENTAL PROTECTION AREA 9.1 Application The provisions of this part shall apply to the Protected Watershed (PW) and Conservation (CS) zones. ENVIRONMENTAL PROTECTION AREA | MUNICIPAL LAND USE BY-LAW | 104 ENVIRONMENTAL PROTECTION AREA | MUNICIPAL LAND USE BY-LAW | 105 9.2 Protected Watershed Zone 9.2.1 Permitted Uses and Developments The following uses are permitted in the Protected Watershed (PW) zone subject to the specified approval process and standards: Approval Process Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height of Structure Residential 1 dwelling unit on a lot DP 15 m 15 m 15 m 7 m Institutional Water supply treatment and distribution uses none none none none none 9.2.2 Prohibited Uses and Developments The following uses and developments are prohibited in the Protected Watershed (PW) zone: a) All commercial, light industrial and heavy industrial uses; b) Places of worship and cemeteries. 9.2.3 Special Requirements: Minimum Lot Size & Frontage All development in the Protected Watershed (PW) zone shall meet the following requirements: Minimum lot area Minimum lot frontage Maximum footprint of structures Setback from a watercourse or water body Public Water Utility none none 100 m2 150 m All other structures and uses 20000 m2 30 m 100 m2 150 m 9.2.4 Special Requirements - Water Protection a) all new lots created through subdivision approval in the Protected Watershed (PW) zone shall have lot frontage on a public street; b) in addition to the requirements of Section 3.9.4 of this By- law, every application for a Development Permit in the Protected Watershed (PW) zone shall include: Abbreviations: DP = Development Permit SP = Site Plan Approval DA = Development Agreement PW PW ENVIRONMENTAL PROTECTION AREA | MUNICIPAL LAND USE BY-LAW | 106 i) a plan prepared by a Professional Engineer showing the measures to be taken to ensure that all silt, petrochemical products and other water-borne contaminants created or deposited during the development, construction, and subsequent use of all accesses from the lot to the public street, will be contained within the lot; ii) a plan prepared by a qualified professional, namely a registered forestry professional, showing the measures that will be taken to ensure that the existing natural vegetation within 150 m of any watercourse will be retained in a natural and healthy condition. c) within the Protected Watershed (PW) zone, no person shall remove topsoil from a lot; d) within the Protected Watershed (PW) zone, no person shall alter land levels to a depth greater than 0.3 m from the natural ground surface within 150 m of a watercourse; e) within the Protected Watershed (PW) zone, no person shall construct a wharf; f) within the Protected Watershed (PW) zone, no person shall erect any structure on land having a slope greater than eight per cent (8%); g) notwithstanding the requirements of Part 4 of this By-law, where a main building existed on a lot, no accessory structure in the Protected Watershed (PW) zone shall be located closer than 150 m from the water body associated with the protected watershed. PW ENVIRONMENTAL PROTECTION AREA | MUNICIPAL LAND USE BY-LAW | 107 9.3 Conservation Zone 9.3.1 Permitted Uses and Developments The following uses are permitted in the Conservation (CS) zone subject to the specified approval process and standards: Approval Process Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height of Structure Institutional Municipally owned or installed structures related to the provision of Municipal services or recreation use DP 10 m 10 m 10 m 7 m Temporary structures intended for research and education, or the preservation, protection, or improvement of the natural environment DP 15 m 15 m 15 m 7 m 9.3.2 Prohibited Uses and Developments The following uses and developments are prohibited in the Conservation (CS) zone: a) permanent structures that are not owned or installed by the Municipality; b) all residential, commercial, light industrial and heavy industrial uses. Abbreviations: DP = Development Permit SP = Site Plan Approval DA = Development Agreement CS CS ENVIRONMENTAL PROTECTION AREA | MUNICIPAL LAND USE BY-LAW | 108 SIGNS | MUNICIPAL LAND USE BY-LAW | 109 10.0 SIGNS 10.1 General regulations for all signs 10.1.1 These regulations apply to signs which advertise a land use that requires a development permit. 10.1.2 Unless otherwise permitted, no sign shall project over a public right-of-way without written approval from the authority having jurisdiction. 10.2 Signs prohibited in all zones All other provisions of this By-law notwithstanding, the following signs shall not be erected or used in any zone: a) signs which constitute a hazard to public safety or health; b) signs which by reason of size, location, content, colouring, or manner of illumination obstruct the vision of drivers or obstruct the effectiveness of any traffic sign or traffic control device on public streets; c) signs which obstruct the use of a fire escape door, windows, or other required exit; d) signs painted upon a cliff, or other natural object. 10.3 Signs for which no development permit is required All other provisions of this By-law notwithstanding, the following signs are permitted in all zones, without any requirement for a development permit: a) signs identifying name, address and occupation of resident, and of not more than 0.5 m2 in sign area; b) "No trespassing" signs or other such signs regulating the use of a property, and of not more than 0.5 m2 in sign area; c) real estate signs not exceeding 0.5 m2, which advertise the sale, rental or lease of the premises; d) signs regulating or denoting on-premises traffic, or parking or other signs denoting the direction or function of various SIGNS | MUNICIPAL LAND USE BY-LAW | 110 parts of a building or premises provided that such signs are less than 0.5 m2 in area; e) signs erected by a government body, or under the direction or authority of such a body, and bearing no commercial advertising, such as traffic signs, railroad crossing signs, safety signs, signs identifying public schools, and public election lists; f) memorial signs or tablets and signs denoting the historical significance and date of erection of a structure; g) the flag, pennant, or insignia of any government, or of any charitable, religious or fraternal organization; h) a sign having an area of not more than six (6) m2 incidental to construction and located on the same site as the building under construction. Such signs shall not remain in place for more than sixty (60) days following completion of construction; i) any portable sign; j) any banner sign; k) indoor signs which are erected within a building, including window signs; l) signs permanently attached to a building which bear the name or civic number of the building; m) campaign signs during an election or plebiscite in the area in which the sign is located if the sign complies with the laws governing the election or plebiscite. SIGNS | MUNICIPAL LAND USE BY-LAW | 111 10.4 Single-Premise Ground Signs In all zones single premise ground signs shall: a) not exceed a sign face area of six (6) m2 per side; b) not exceed a maximum sign height of five (5) m; c) be set back at least two (2) m from any property line. 10.5 Multiple-Premise Ground Signs In all zones multiple premise ground signs shall: a) not exceed a sign face area of twelve (12) m2 per side; b) not exceed a maximum sign height of seven (7) m; c) be set back at least two (2) m from any property line. 10.6 Wall Signs In all zones wall signs shall only be permitted within the wall sign area of a building and the total area covered by all wall signs shall not exceed 20% of the wall sign area of the building to which the sign is affixed. 10.7 Projecting Wall Signs In all zones, projecting wall signs shall: a) not exceed a maximum sign face area of 1.5 m2 per side; b) not project more than 1.5 m from the wall to which it is affixed; c) be installed no less than three (3) m above established grade; d) include the installation of a suitable catch, chain or other swing control device.