Town of Clark's Harbour :  Land Use

Land Use By-Law

Table of Contents
 

 

1.0      Title                                                                                                          1

2.0       Definitions                                                                                               1

3.0       Authority and Administration                                                                 10

4.0       Interpretation                                                                                         13

5.0       Development by Development Agreement                                            16

6.0       General Provisions for All Zones                                                            17

7.0       Provisions for Specific Zones                                                                 29

 

 

Schedule “A”      Zoning Map

Schedule “B”     Existing Commercial and Industrial Uses within the                                             Residential Designation

            Appendix “A”   Variance and Nonconforming Uses and Structures,          Excerpt from the Municipal Government Act

 

 

        

 


1.0       Title

 

1.            This By-Law shall be known and may be cited as the “Land Use By-Law” of the Town of Clark’s Harbour.

 

 

2.0       Definitions
 

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

 

1.            Accessory Building means a subordinate building or structure on the same lot as the main building devoted exclusively to an accessory use but does not include a building attached in any way to the main building, or a building located completely underground.



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

 

3.            Alter means any change in the structural component of a building, or any increase in the volume of a building or structure.

 

4.            Apartment Building means a building containing three or more dwelling units which have a common entrance from the street level.

 

5.            Boarding or Rooming House means a dwelling in which the proprietor supplies either room or room and board for monetary gain, to more than two persons exclusive of the lessee or owner thereof or members of his family and which is not open to the general public.

 

6.            Building means any structure, whether temporary or permanent, used or built for the shelter, accommodation or enclosure of persons, animals, material or equipment.  Any awning, bin, bunker, or platform, vessel or vehicle used for any of the said purposes shall be deemed a building.

 

7.            Building Line means any line regulating the position of a building or structure on a lot.

 

8.            Church means a building dedicated to religious worship and includes a church hall, church auditorium, Sunday School, parish hall, and day nursery operated by the church.

 

 

 

9.            Community Centre means any tract or land, or building or buildings, or any part of any buildings used for community activities whether used for commercial purposes or not, the control of which is vested in the municipality, a local board or agent thereof.

 

10.         Converted Dwelling means a building converted to contain a greater number of dwelling units than the building contained prior to that conversion.

 

11.         Corner Vision Triangle means that part of a corner lot adjacent to the intersection of the exterior lot lines measured from such intersection, the distance required by this By-Law, along each such street line and joining such points with a straight line.  The triangular shaped land between the intersection lines and the straight line joining the points the required distance along the street lines shall be known as the “corner vision triangle”.

 

12.         Council shall mean the Council of the Town of Clark’s Harbour.

 

13.         Day Nursery means a place where three or more pre-school children are cared for on a temporary daily basis without overnight accommodation, but does not include a school.

 

14.         Development Officer means the officer of the Town of Clark’s Harbour from time to time charged by the Town with the duty of administering the provisions of the Land Use By-Law.

 

15.         Dwelling means a building, occupied or capable of being occupied as a home, residence or sleeping place by one or more persons, containing one or more dwelling units and shall not include a hotel, a motel or an apartment hotel.

 

(a)          Duplex means a building that is divided horizontally into two dwelling units each of which have an independent entrance either directly from the outside of the building or through a common vestibule.

 

(b)          Multiple Unit means a building containing more than three self contained dwelling units having a common entrance and shared amenities including exterior open space, driveways and parking areas.

 

(c)          Semi-detached Dwelling means a building that is divided vertically into two dwelling units each of which has an independent entrance.

 

(d)          Single Family Detached Dwelling means a completely detached dwelling unit.

 

(e)          Split Level Dwelling means a dwelling containing three or more sections at different levels where the difference in elevation shall not be less than three fee or more than seven feet between any such section and the next horizontally adjoining section and two or more of such section shall contain one or more habitable rooms.

 

(f)           Townhouse or Rowhouse Dwelling means a dwelling containing three or more dwelling units separated vertically, each of which has an independent entrance, to a front and rear yard immediately abutting the front and rear walls of each dwelling unit.

 

(g)          Triplex Dwelling means a building that is divided into three dwelling units, each of which has an independent entrance either directly or through a common vestibule.

 

16.         Dwelling Unit means one or more habitable rooms designed or intended for use by one or more individuals as in independent and separate housekeeping establishment in which separate kitchen and sanitary facilities are provided for the exclusive use of such individual or individuals, with a private entrance from outside the building or from a common hallway or stairway inside the building.

 

17.         Erect means to build, construct, reconstruct, alter or relocate and without limiting the generality of the foregoing shall be taken to include any preliminary physical operation such as excavating, grading, piling, cribbing, filling or draining, structurally altering any existing building or structure by and addition, deletion, enlargement or extension.

 

18.         Established Building Line means the average distance from the street line of existing buildings in any block where more than half the frontage has been built upon at the effective date of this By-Law.

 

19.         Existing means existing as of (MPS/LUB effective Date).

 

20.         Floor Area

 

(a)          With reference to a Dwelling means the maximum area contained within the outside walls excluding any private garage, porch, verandah, sunroom, unfinished attic or basement and cellar or other room not habitable at all seasons of the year;



(b)          Commercial Floor Area means the total usable floor within a building used for commercial purposes but excludes washrooms, furnace and utility rooms, and common malls between stores;

 

(c)          Gross Floor Area means the aggregate of the floor areas of building above or below grade, measured between the exterior faces of the exterior walls of the building at each floor level but excluding car parking areas within the building; and for the purpose of this clause, the walls of an inner court shall be deemed to be exterior walls;

 

(d)          With reference to a Dwelling Unit where more than one unit is contained within a building, means the maximum floor area contained within the finished wall surfaces of an individual dwelling unit, excluding closets, built-in cabinets and storage areas, and balconies.

 

21.         Guest House means a dwelling where the proprietor supplies either room or room and board for monetary gain on a temporary basis where not more than six (6) rooms are so used and which is open to the traveling public.



22.         Height means the vertical distance on a building between the established grade and

 

(a)          the highest point of the roof surface of the parapet, or a flat roof, whichever is the greater;

 

(b)          deck line of a mansard roof; or

 

(c)          the mean level between eaves and ridges of a gabled, hip, gambrel or other type of pitched roof;

 

but shall not include any construction used as ornament or for the mechanical operation of the building, a mechanical penthouse, chimney, tower, cupola or steeple.



23.         Hotel means a building or building or part thereof on the same site used to accommodate the traveling public for gain or profit, by supplying them with sleeping accommodation with or without means but without private cooking facilities.

 

24.         Institution means a building or part of a building used by an organized body or society for promoting a particular purpose with no intent of profit but shall not include a private club.

 

25.         Loading Space means a vacant area of land provided and maintained upon the same lot or lots upon which the principal use is located and which area:

 

(a)          is suitable for the temporary parking of at least one commercial motor vehicle while merchandise or materials are being loaded or unloaded from such vehicle, and such parking shall not be for the purpose of sale or display; and

 

(b)          is not upon or partly upon any street or highway.

 

26.         Lot means any parcel of land described on a deed or as shown in a registered plan of subdivision.

 

(a)          Corner Lot means a lot situated at the intersection of and abutting on two or more streets. The shorter lot line shall be deemed the front lot line of the said lot.

 

(b)          Interior Lot means a lot situated between two lots and having access to one street.

 

(c)          Through Lot means a lot abounded on two opposite sides by streets or highway provided, however, that if any lot qualifies as being both a Corner Lot and Through Lot as hereinbefore defined, such lot shall be deemed to be a Corner Lot for the purpose of this By-Law.

 

27.         Lot Area means the total horizontal area within the lot lines of a lot.



28.         Lot Depth means the horizontal distance between the front and rear lot lines. Where these lot lines are not parallel, the lot depth shall be the length of a line joining the midpoints of the front and rear lot lines.

 

29.         Lot Frontage means the length of a straight line joining the side lot lines as measured at the front lot line. (See calculation of lot frontage for irregularly shaped parcels in Part 6 – “General Provisions”).

 

 30.         Lot Line means a boundary line of a lot.

 

(a)          Front Lot Line means the line dividing the lot from the street; in the case of a corner lot the shorter boundary line abutting the street shall be deemed the front lot line and the longer boundary line abutting the street shall be deemed the side lot line and where such lot lines are of equal length the front lot line shall be either of the lot lines. In the case of a through lot, any boundary dividing the lot from a street shall be deemed to the front lot line.

 

(b)          Rear Lot means the lot line furthest from or opposite to the front lot line.

 

(c)          Side Lot Line means a lot line other than a front or rear lot line.

 

(d)          Flanking Lot Line means a side lot line which abuts the street on a corner lot.

 

31.         Main Building means the building in which is carried on the principal purpose for which the building lot is used.



32.         Main Wall means the exterior front, side or rear wall of a building, and all structural members essential to the support of a fully or partially enclosed space or roof.

 

33.         Motel means a building or buildings or part thereof on the same site used to accommodate the travelling public for gain or profit, by supplying them with sleeping accommodation, with or without meals.

 

34.         Nursing Home means a building wherein nursing care, room and board are provided to individuals incapacitated in some manner for medical reasons but does not include a hospital or a senior citizen complex.

 

35.         Obnoxious Use shall mean a use which, from its nature or operation, creates a nuisance or is offensive by the creation of noise or vibration, or by reason of the emission of gas, fumes, dust, oil or objectionable odour, or by reason of the unsightly storage of goods, wares, merchandise, salvage, refuse matter, waste or other material.

 

36.         Office means a room where business may be transacted, a service performed or consultation given but shall not include the manufacturing of any product or the retail selling of goods.

 

37.         Owner means a part owner, joint owner, tenant-in-common or joint tenant of the whole or any part of any land or building and includes a trustee, an executor, a guardian, an agent, a mortgagee in possession, or other person having the care or control of any land or building in the event of the absence or disability of the person having the title thereof.

 

38.         Parking Area means an open area containing parking spaces, other than a street, for two or more motor vehicles, available for public use or as an accommodation for clients, customers or residents and which has adjacent access to permit ingress or egress of motor vehicles to a street or highway by means of driveways, aisles or manoeuvring areas where no parking or storage of motor vehicles is permitted.

 

39.         Parking Lot – see Parking Area.

 

40.         Parking Space means an area of not less than two hundred (200) square feet, measuring ten (10) feet by twenty (20) feet exclusive of driveways or aisles, for the temporary parking or storage of motor vehicles.

 

41.         Personal Service Shop means a building or part of a building in which persons are employed in furnishing services and otherwise administering to the individual and personal needs of persons, and without limiting the generality of the foregoing may include such establishments as barber shops, beauty parlours, automatic laundry shops, hairdressing shops, shoe repair and shoe shining shops, and depots for collecting dry cleaning and laundry, but excludes any manufacturing or fabrication of goods for sale.

 

42.         Public Authority means a Board, Commission or Committee or the Town of Clark’s Harbour established by or exercising any power or authority under any general or specific statutes of Nova Scotia with respect to any of the affairs or purposes of the municipality or a portion thereof and includes any committee or local authority established by By-Law of the Town.

 

43.         Public Park means a park owned or controlled by a Public authority or any Board, Commission or other authority established under any statute of the Province of Nova Scotia.

 

44.         Recreational Use means the use of land for parks, playgrounds, tennis courts, lawn bowling greens, indoor and outdoor skating rinks, athletic fields, golf courses, picnic areas, swimming pools, day camps, community centres and similar uses to the foregoing, together with necessary and accessory buildings and structures, but not including a track for the racing of animals or any form of motorized vehicles.

 

45.         Required Setback – see Setback.

 

46.         Restaurant means a building or part thereof where food and drink is served to the public for consumption within the building or for take-out but not for consumption in parking areas appurtenant to the building.

 

47.         Retail Store means a building or part thereof in which goods, wares, merchandise, substances, articles or things are offered or kept for sale directly to the public.

 

48.         Road – see Street.

 

49.         Service Industry – includes the processing milk and dairy products, a bakery, a public garage including engine and body repair shop, a printing establishment, a laundry or cleaning establishment, a paint shop, plumbing shop, sheet metal shop.

 

50.         Service Shop means a building or part hereof used for the sale or repair of household articles and shall include radio, television and appliance repair shops but shall not include industrial or manufacturing or motor vehicle repair shops.

 

51.         Setback means the distance between the street line and the nearest main wall of any building or structure and extending the full width or length of the lot.

 

(a)          Required Setback means the minimum setback prescribed by this By-Law.

 

52.         Street or Road means the whole and entire right-of-way of every highway, road, or road allowance vested in the Province of Nova Scotia or the Town of Clark’s Harbour.

 

53.         Street Line means the boundary line of a street.

54.         Structure means anything that is erected, built, or constructed of parts joined together or any such section fixed to or supported by the soil or by any other structure. A structure shall include buildings, walls and signs and also fences exceeding sic (6) feet in height.

 

55.         Tourist Cabin means an independent structure used for by the travelling public for overnight rental accommodation.

 

56.         Town means the Town of Clark’s Harbour.

 

57.         Warehouse means a building where wares or goods are stored but shall not include a retail store.

 

58.         Yard means an open, uncovered space on a lot appurtenant to a building (except a court) and unoccupied by buildings or structures except as specifically permitted elsewhere in this By-Law. In determining yard measurements, the minimum horizontal distance from the respective lot lines shall be used.

 

(a)          Front Yard means a yard extending across the full width of a lot between the front lot line and the nearest wall of any building or structure on the lot: a “minimum” front yard means the minimum depth allowed by the By-Law of a front yard on a lot between the front lot line and the nearest main wall of any main building or structure on the lot.

 

(b)          Rear Yard means a yard extending across the full width of a lot between the rear lot line and the nearest wall of any main building or structure on the lot: and “minimum” rear yard means the minimum depth allowed by this By-Law of a rear yard on a lot between the rear lot line and the nearest main wall of any main building or structure on the lot.

 

(c)          Side Yard means a yard extending from the front yard to the rear yard of a lot between a side lot line and the nearest wall of any building or structure on the lot: and “minimum” side yard means the minimum width allowed by this By-Law of a side yard on a lot between a side lot line and the nearest main wall of any main building or structure on the lot.

 

(d)          Flankage Yard means the side yard of a corner lot which side yard extends from the front yard to the rear yard between the flankage lot line and the nearest main wall of any building or structure: and “minimum” flankage yard means the minimum width allowed by this By-Law of a flankage yard on a lot between the street line and the nearest main wall of any main building or structure on the lot.

 

59.         Zone means a designated area of land shown on the Schedules of this By-Law.

 

 

 

 

 

3.0    Authority and Administration

 

 

1.         Development Permit Required

 

No development shall be undertaken unless a Development Permit has been issued by the Development Officer and no Development Permit shall be issued without the provisions of this By-Law being satisfied.

 

 

2.         Violation of By-Law

 

Any person who violates the provisions of this By-Law shall be subject to prosecution as provided for under Section 266 of the Municipal Government Act.

 

 

3.            Enforcement

 

This By-Law shall be administered by the Development Officer, who shall be responsible for the issuance of Development Permits.

 

 

4.            Licenses, Permits and Compliance with Other By-Laws

 

Nothing in this By-Law shall exempt any person from complying with the requirements of any other By-Law in force within the Town or to obtain any license, permission, permit, authority or approval required by this or any other By-Law of the Town of Clark’s Harbour or other Provincial or Federal regulatory authority. Where the provisions in the By-Law conflict with those of any other municipal, provincial or federal requirements, the higher or more stringent regulations shall prevail.

 

 

 

5.            Permit Application

 

a.            Every application for a Development Permit shall be accompanied by plans drawn to an appropriate scale and showing:

 

                              i.            the true shape and dimensions of the lot to be used, and upon which it is proposed to erect any building or structure;

 

(1)       the proposed location, height and dimensions of the building, structure, or work in respect of which the permit is applied for;

 

(2)       The location of every building or structure already erected on or partly on such lot, and the location of every building upon continuous lots;

 

(3)          The proposed location and dimensions of parking spaces, loading spaces, driveways, and landscaping areas; and

 

(4)          Other such information as may be necessary to determine whether or not every such building, development, reconstruction or redevelopment conforms to the requirements of this By-Law.

 

b.            Where the Development Officer is unable to determine whether the proposed development conforms to this By-Law and other By-Laws and regulations enforce which affect the proposed development he may require that the plans submitted under Subsection (a) be based upon an actual survey by a Provincial Land Surveyor.

 

 

6.            Signature for Application

 

The application shall be signed by the registered owner of the lot or by the owner’s agent duly authorized thereunto in writing and shall set forth in detail the current and proposed use of the lot and each building or structure, or part of each building or structure, together with all information necessary to determine whether or not every such proposed use of land, building or structure conforms with the requirements of this By-Law.

 

 

7.            Expiration of Development Permit

 

A development permit shall expire one year from the date of issuance of same, but shall be capable of being renewed for further six month periods, if the Development Officer is satisfied that the development will commence during the extension period or periods.

 

 

8.            Liability for Costs

 

Where Town Council does not initiate an amendment to this By-Law or the granting of a minor variance, the applicant shall deposit with the Clerk an amount estimated by the Clerk to be sufficient to pay for the cost of advertising. If insufficient, after advertising has been completed, the applicant shall pay to the Clerk any additional amount.

 

 

 

 

 

 

 

4.0    Interpretation

 

 

1.            Symbols

 

The symbols used on Schedule “A”, attached hereto, refer to the appropriate zones established by this By-Law.

 

 

2.            Defined

 

The extent and boundaries of all zones are shown on Schedule “A”, attached hereto, and for all such zones the provisions of this By-Law shall respectively apply.

 

 

3.            Interpretation of Zoning Boundaries

 

Boundaries between zones shall be determined as follows:

 

(a)          where a zone boundary is indicated as following a street or highway, the boundary shall be the centre line of such street or highway;

 

(b)          where a zone boundary is indicated as approximately following lot lines, the boundary shall follow such lot lines;

 

(c)          where a street, highway, railroad or railway right-of-way, electrical transmission line right-of-way, or watercourse is included on the zoning maps, it shall unless otherwise indicated be included in the zone of the adjoining property on either side thereof;

 

 

 

 

(d)          where a railroad or railway right-of-way, electrical transmission line right-of-way or watercourse is included on the zoning maps and serves as a boundary between two or more different zones, a line midway on such right-of-way or watercourse and extending in the general direction of the long division thereof shall be considered the boundary between zones unless specifically indicated otherwise;

 

(e)          where a zone boundary is indicated as following the limits of the Town of Clark’s Harbour, the limits shall be the boundary; and

 

(f)           where none of these above provisions apply, and where appropriate, the zone boundary shall be scaled from the attached Schedule “A”.

 

4.            Certain Words

 

In this By-Law, words used in the present tense include future; words in the singular number include the plural; words in the plural include the singular number; and the word “used” includes “arranged”, “designed or intended to be used”, the word “shall” is mandatory and not permissive.

 

 

5.            Zones

 

For the purpose of this By-Law, the Town of Clark’s Harbour is divided into the following zones, the boundaries of which are shown on the attached schedule. Such zones may be referred to by the appropriate symbols.

 

Zones                                                                                         Symbol

 

Residential                                                                                      R

Commercial                                                                                     C

Industrial                                                                                          I

Resource                                                                                         O

 

 

6.            Zoning Map

 

Schedule “A” attached hereto may be cited as the “Zoning Map” and is hereby declared to form part of the By-Law.

 


5.0    Development by Development Agreement

 

The following developments shall be considered and regulated by Development Agreement pursuant to relevant policies contained within the Municipal Planning Strategy:

 

1)         Residential structures containing three or more units within the Residential Designation;

 

2)         Tourist-related cottages and cabins within the Residential Designation;

 

3)            Restaurants within the Residential Designation;

 

4)            Change in use or redevelopment of scheduled commercial and/or industrial uses within the Residential Designation for the purposes of any use permitted in the Commercial (C) Zone;

 

5)            Change in use or redevelopment of scheduled industrial uses within the Residential Designation for the purposes of any use permitted in the Industrial (I) Zone;

 

6)            Commercial accommodation uses within the Resource Designation.

 


6.0    General Provisions for All Zones

 



1.         Frontage on Street

 

(1)          No Development Permit shall be issued unless the lot of land intended to be used or upon which the building or structure is to be erected abuts and fronts upon a public street.

 

(2)          Notwithstanding subsection (1) above, a Development Permit may be issued for lots serviced by an on-site septic system approved by the Nova Scotia Department of Environment and Labour where the lot abuts those portions of Water or South Street located below the elevation of the existing sewer system or for lots existing at the time of the adoption of this By-Law which do not have frontage on a public street or which are located more than 100 feet from the existing municipal sewer system.

 

 

2.         Building to be Erected on a Lot

 

No person shall erect or use any building unless it is erected upon a lot.

 

 

3.         One Main Building on a Lot

 

Except for lots located in the Commercial and Industrial Zones no person shall erect more than one main building per lot.

 

 


 
 

 

 

4.         Building to be Moved

 

No person shall move any building, residential or otherwise, within the Town or onto a lot without obtaining a Development Permit from the Development Officer.

 

 

5.            Existing Undersized Lots

 

Notwithstanding anything else in this By-Law, a vacant lot held in separate ownership from adjoining parcels in existence prior to the effective date of the original this By-Law, having less than the minimum frontage or area required or both by this By-Law, may be used for a purpose permitted in the zone in which the lot is located and a building may be erected on the lot provided that all other applicable provisions in this By-Law are satisfied.

 

 

6.            Multiple Uses

 

Where any land or building is used for more than one purpose, all provisions of this By-Law relating to each use shall be satisfied. Where there is conflict such as in the case of lot size or lot frontage, the higher or more stringent standard shall prevail.

 

 

7.            Change of Use on an Existing Lot

 

Notwithstanding anything else in this By-Law, the use of a building existing on a lot may be changed to a use permitted on the lot by this By-Law where the lot frontage, front yard or area required or any two or all three is less than the requirements and provided that all other requirements in this By-Law are satisfied.

 

 

8.            Existing Building

 

Where a building has been erected on or before the effective date of this By-Law on a lot having less than the minimum frontage or area, or having less than the minimum setback or side yard or rear yard required by this By-Law, the building may be enlarged, reconstructed, repaired or renovated provided that:

 

(1)          the enlargement, reconstruction, repair or renovation does not further reduce the front yard or side yard or rear yard that does not conform to this By-Law; and

 

(2)          all other applicable provisions of this By-Law are satisfied.

 

 

9.            Restoration to a Safe Condition

 

Nothing in this By-Law shall prevent the strengthening or restoring to a safe condition of any building or structure, provided that in the case of a non-conforming use the provision of Section 11 shall prevail.

 

 

10.         Conformity with Existing Setbacks

 

Notwithstanding anything else in this By-Law, in any Residential Zone, a structure built between existing buildings may be built with a setback equal to the average setback of the adjacent buildings within two hundred 200 feet of the new structure.

 

 

 

 

 

 

11.         Non-Conforming Uses, Structures and Variances

 

Regulation of nonconforming uses and structures and variance procedures shall be subject to provisions of the Municipal Government Act, which are included in this By-Law as Appendix “A”.

 

 

12.       Calculation of Lot Frontage for Irregularly Shaped Lots or Corner Lots

 

The following means shall be used for the purposes of determining the lot frontage of irregularly shaped lots or corner lots:

 

(1)          In the case of a corner lot with a corner vision triangle, the exterior lot lines (street lines) shall be used for the purpose of calculating the frontage.

 

(2)          In the case of other lots, lot frontage shall be deemed to be the horizontal distance between the side lot lines. This distance shall be measured perpendicularly to a line joining the middle of the front lot line with the middle of the rear lot line, at a point along this line equal to the minimum applicable front yard.

 

13.       Front Yard for a Through Lot

 

In the case of a through lot, the front yard shall be deemed to be any yard which abuts either of the two opposite streets.

 

 

14.         Side Yards on Corner Lots

 

Notwithstanding anything else in this By-Law, on a corner lot in any zone, no part of any building or accessory building shall be erected closer to the lot line of the flanking street than fifteen (15) feet.

 

 

15.         Corner Vision Triangle

 

On a corner lot a fence, sign, hedge, shrub, bush or tree or any other structure or vegetation shall not be erected or permitted to grow to a height greater than two (2) fee above grade of the streets that abut the lot within the triangular area included within the street lines for a distance of twenty (20) feet from their point of intersection.

 

 

16.         Accessory Buildings and Uses

 

Accessory uses, building, and structures shall be permitted in any zone within the Town of Clark’s Harbour but shall not:

 

(a)          be used for human habitation except where a dwelling is permitted accessory use;

 

(b)          be built closer to a front, side or rear lot line than five (5) feet in any zone.

 

(c)          except for non-residential accessory buildings in the Commercial and Industrial Zones exceed twenty-five (25) feet in height;

 

(d)          be built within six (6) feet of the main building;

 

(e)          be considered an accessory building if attached to the main building in any way; and

 

(f)           where built on a corner lot, it shall be located in the rear yard or in the side yard which is not adjacent to the flanking street and set back equal to the minimum yard for the main building;

 

(g)          Where this By-Law provides that any land may be used or a building or structure may be erected or used for a purpose, the purpose includes any use accessory thereof.

 

(h)          Notwithstanding anything else in this By-Law, drop awnings, clothes poles, flagpoles, garden trellises, fences and retaining walls shall be exempted from any requirements under this Section.

 

 

17.         Temporary Structures and Uses

 

(a)          Nothing in this By-Law shall prevent the use of land, or the use or erection of a building or structure, or a scaffold, or other temporary building or structure including a sales or rental office, incidental to construction in progress until such construction has been finished or discontinued for a period of sixty (60) days or unless no development permit is in force.

 

(b)          Nothing in this By-Law shall prevent uses erected for special occasions and holidays provided only that no such use remains in place more than 14 consecutive days.

 

(c)          Nothing in this By-Law shall prevent uses incidental to construction such as a construction camp or other such temporary work camp, a tool shed, scaffold, or similar building incidental to construction or temporary structure accessory to the permitted uses provided that a development permit has been issued.

 

18.         Truck, Bus and Coach Bodies

 

No trucks, bus, coach or car body, or structure of any kind other than a mobile home or dwelling unit erected and used in accordance with this and all other By-Laws of the Town shall be used for human habitation within the Town of Clark’s Harbour, whether or it is mounted on wheels.

 

 

19.         Height Regulations

 

The height regulations of this By-Law shall not apply to church spires, flagpoles, television or radio antennae, ventilators, skylights, barns, chimneys or domestic wind power generating equipment.

 

 

20.         Illumination

 

No person shall erect any illuminated sign or illuminate in an area outside any building unless such illumination is directed away from adjoining properties and any adjacent streets.

 

 

21.         Loading Spaces

 

(a)          In the Commercial or Industrial Zone, no person shall erect any building or structure for manufacturing, storage, warehouse, department store, retail store, wholesale store, market, freight or passenger terminal, hotel, hospital, mortuary or other uses involving the frequent shipping, loading or unloading persons, animals, or goods, unless there is maintained on the same premises with every such building, structure or use one off-street space for standing, loading and unloading for every thirty thousand (30,000) square feet or fraction thereof building floor area used for any such purpose to a maximum of six (6) loading spaces.

 

(b)       Each loading space shall be at least twelve (12) feet by forty (40) feet with a minimum of fourteen (14) feet height clearance.

 

(c)        The provision of a loading space for any building with less than fifteen hundred (1,500) square feet shall be optional.

 

(d)          Loading space areas, including driveways leading thereto, shall be constructed of and maintained with stable surface.

 

(e)          Ingress and egress, to and from the required loading space areas, shall be provided by means of unobstructed driveways of a minimum width of ten (10) feet if for one-way traffic or a minimum width of twenty (20) feet for two-way traffic.

 

 

22.         Parking Requirements, New Buildings

 

For every building or structure to be erected off-street parking having unobstructed access to a public street shall be provided and maintained in conformity with the following schedule:

 

Type of Building                                                     Parking Required

 

(1)          A dwelling containing not more than       One (1) parking space for three (3) dwelling units                        each dwelling unit.

 

(2)       All other dwellings                                       One and one half (1.5) spaces for each dwelling unit.

 

 

 

 

 

(3)  Churches, church halls, auditoria,                 One (1) parking space for

           theatres, arenas, halls, stadia, private      each three hundred (300)

            clubs and other places of assembly         square feet of area devoted to public use

 

(4)      Hospitals and nursing homes                   One (1) parking space for each two (2) beds or one (1) bed of each four hundred (400) square feet of floor area, whichever is greater.

 

(5)      Senior Citizen Apartment                           One (1) parking space for every two (2) dwelling units.

 

(6)      Hotels, staff houses, motels, tourist          One (1) parking space per cabin, suite, rental unit and one (1) additional parking space for each fifty (50) square feet of  floor area devoted to public  use (taverns, restaurants and auditoria) exclusive of lobbies and halls.

 

 

 

(7)       Shopping Centre                                         Parking area to be three (3) times commercial floor area, exclusive of common areas.

 

 

 

 

(8)       Funeral Homes                                            One (1) parking space for each five (5) seats capacity of the chapel with a minimum of ten (10) parking spaces.

 

(9)       Bowling Alleys                                             One (1) parking space for each two (2) persons in the designed capacity of the establishment (designed capacity shall mean six (6) persons per bowling lane).

 

(10)     Commercial Uses                                        One (1) parking space for each two hundred (300) square feet of floor area.

 

(11)     Elementary Schools                                    One and one-half (1.5) parking spaces for each teaching classroom.

 

 

23.         Parking Area Standards

 

Where parking facilities for more than four (4) vehicles are required or permitted:

 

(1)          the parking area shall be maintained with a stable surface;

 

(2)          the lights used for illumination of the parking lot or parking station shall be so arranged as to divert the light away from streets, adjacent lots and buildings;

 

(3)          a structure, not more than fifteen (15) feet in height and not more than fifty (50) square feet in area may be erected in the parking area for the use of attendants;

 

(4)          the parking area shall be within three hundred (300) feet of the location which it is intended to serve, and shall be situated in the same zone;

 

(5)          when the parking area is of permanent hard surfacing, each parking space shall be clearly demarcated and maintained as such;

 

(6)          no gasoline pumps or other service station equipment shall be located or maintained on the parking lot;

 

(7)          approaches or driveways to any parking area, other than that required for a single family dwelling, semi-detached, or a duplex dwelling shall be defined by a curb of concrete or rolled asphalt and the limits of the parking area shall be defined by a fence, curb or other suitable obstruction designed to provide a neat appearance;

 

(8)          in addition, the locations of approaches or driveways shall not be closer than twenty-five (25) feet from the limits of the right-of-way at a street intersection;

 

(9)          entrance and exit ramps to parking area shall not exceed two (2) in number for an interior lot and shall not exceed four (4) in number for a corner lot and each ramp shall be a width of twenty-five (25) feet at the street line and edge of pavement;

 

 

 

 

(10)       the width of a driveway leading to a parking or loading area, or of a driveway or aisle in a parking area, shall be a minimum width of ten (10) feet if for one-way traffic, and a minimum width of twenty (20) feet if for two-way traffic, and the maximum width of a driveway shall be twenty-five (25) feet;

 

(11)       dimensions of parking space shall be ten (10) by twenty (20) feet.

 


 

7.0    Provisions for Specific Zones

 

 

7.1       The Residential (R) Zone

 

1.            Permitted Uses

 

Single Family Detached Dwellings

Semi-detached Dwellings

Duplex Dwellings

Converted Dwellings containing no more than 2 units

Boarding and/or Rooming Houses

Bed and Breakfast and Guest Homes

Day nurseries and kindergartens

Churches

Elementary and Secondary Schools

Institutional Use

Public Parks and Recreation Facilities

Existing Commercial/Industrial Uses identified on Schedule “B”

 

 

2.            Lot Requirements

 

            Minimum Lot Area                                                   10,000 sq. ft.

            Minimum Lot Frontage                                            20 ft.

            Minimum Front Yard                                               20 ft.

            Minimum Rear Yard                                                            20 ft.

            Minimum Side Yard

               1) one side                                                             4 ft.

               2) other side                                                           6 ft.

            Maximum Height of Main Building                       35 ft.

 

 

 

 

 

 

 

 

3.         Commercial, Professional and Home Occupation Uses Permitted

 

            A.        Nothing in this Bylaw shall prevent the use of a dwelling or accessory structure or portion of a lot in the Residential Zone for commercial, professional or home occupation purposes, other than fishery-related uses as specifically provided for in subsection B of this Part, provided that:

 

(a)          the use shall fall within one of the following general categories of uses:

 

i)               Business or Professional Offices

ii)               Barber Shops and Beauty Parlours

iii)               Catering

iv)               Craft Workshops, Craft Shops

v)                Dressmaking and Tailoring

vi)                Instruction in music, dancing, arts and crafts

vii)               Photographic Studios

viii)              Household Appliance Repair Shops

ix)               Antique Shops

 

(b)          the dwelling is occupied as a residence by the user and the external appearance of the dwelling is not changed by the commercial, professional or home occupation use;

 

(c)          there shall not be more than six (6) assistants who are not resident in the dwelling employed in the commercial, professional or home occupation;

 

(d)          not more than twenty-five (25) percent of the total floor area of the dwelling (excluding basement) is devoted to the commercial, professional or home occupation use;

 

(e)          a commercial, professional or home occupation use in an accessory building or buildings shall not exceed a total of 400 square feet in floor area;

 

(f)           the use shall not emit noise, smoke, odour, dust or light that would be a nuisance or is uncustomary in a residential neighbourhood;

 

(g)          one off-street parking space, other than that required for the dwelling, is provided for every two hundred (200) square feet of floor space occupied by the commercial, home occupation or professional use;

 

(h)          there shall be no advertising other than a business identification plate or sign which has a maximum sign area of five (5) square feet.

 

B.        Notwithstanding Subsection 3(A)(a) above, fishery-related uses, including the fabrication, repair and storage of fishing gear and the storage of fishery-related materials, excluding however the storage of fish, fish products and live lobster, shall be permitted provided that:

 

(a)          there shall not be more than six (6) assistants who are not resident in the dwelling employed in the use;

 

(b)          not more than twenty-five (25) percent of the total floor area of the dwelling (excluding basement) or in the case of exterior storage fifty (50) percent of the total lot area is devoted to the use;

 

(c)          the use shall not emit noise, smoke, odour, dust or light that would be a nuisance or is uncustomary in a residential neighbourhood;

 

(d)          where no residential structure exists on a lot the use may occupy the area of entire lot excepting the required front, rear and side yards.

 

 

7.2       The Commercial (C) Zone

 

1.              Permitted Uses

 

Retail Stores

Personal Service

Commercial Service

Professional Service

Business Offices

Banks and Financial Institutions

Gas Stations

Wholesale

Warehousing and Storage

Automobile Sales and Service

Hotels and Motels

Tourist Cabins

Restaurants

Parking Lots

Institutional Uses

Places of Entertainment, Recreation and Assembly which are conducted within wholly enclosed buildings

Taverns and Lounges

Single Family Dwellings

Semi-detached and Duplex Dwellings

Converted Dwellings

Multiple Unit Dwellings                            

All Permitted uses within the Residential Zone

 

2.            Lot Requirements

 

Minimum Lot Area                                                  10,000 sq. ft.

Minimum Lot Frontage                                          60 ft.

Minimum Front Yard                                              20 ft.

Minimum Rear Yard                                               25 ft.

Minimum Side Yards                                             10 ft.

Maximum Height of Main Building                     35 ft.

 

 

3.            Abutting Zone Requirements

 

Where a Commercial Zone abuts a Residential Zone, the following restrictions shall apply to an abutting yard within the Commercial Zone.

 

(a)          The minimum side yard requirements for the abutting side yard shall be twenty (20) feet;

 

(b)          No open storage or outdoor display shall be permitted in an abutting yard in the Commercial Zone;

 

(c)          Clause (b) shall not apply if screening, either natural or artificial, of a minimum height of eight (8) feet is provided along the abutting yard lines in the Commercial Zone.

 

 

 

 

 

 

 

 

 

 

7.3       The Industrial (M) Zone

 

1.            Permitted Uses

 

No development permit shall be issued in an Industrial (M) Zone except for one or more of the following uses:

 

Manufacturing and Fabrication

Fish and Food Processing

Marine-related Storage

Service Industries

Warehousing and Storage

Storage of Fish, Fish Products and Live Lobster

Transport and Trucking

Accessory Business Offices

All Permitted Uses within the Commercial Zone

 

 

2.         Lot Requirements

 

Minimum Lot Area                                      15,000 sq. ft.

Minimum Lot Frontage                                     80 ft.

Minimum Front Yard                                         35 ft.

Minimum Rear Yard                                          25 ft.

Minimum Side Yard                                          10 ft.

Maximum Height of Main Building                35 ft.

 

 

 

 

 

 

 

 

 

 

 

 

 

3.         Abutting Zone Requirements, Residential Zones

 

Where an Industrial Zone abuts a Residential Zone, the following restrictions shall apply to an abutting yard within the Industrial Zone.

 

(a)          The minimum side yard requirements for the abutting side yard shall be twenty (20) feet;

 

(b)          No open storage or outdoor display shall be permitted in an abutting yard in the Industrial Zone;

 

(c)          Clause (b) shall not apply if screening, either natural or artificial, of a minimum height of eight (8) feet is provided along the abutting yard lines             in the Commercial Zone.

 

4.         Abutting Zone Requirements, Industrial Zones

 

Where an Industrial Zone abuts an Industrial Zone, the minimum rear yard shall be ten (10) Feet.

 

5.        Lot Requirement,-  South Side of Water Street

 

           Minimum lot area – 5000 sq. ft.          

 

7.4       The Resource (O) Zone

 

1.         Permitted Uses

 

No development permit shall be issued in a Resource (O) Zone except for one or more of the following uses:

 

                       Single Family Residential

                       Marine-related Storage

 

 

 

 

2.         Lot Requirements

 

 (a)                 For lands located on offshore islands

                     

                       Minimum Waterfrontage     20 ft.

                       Minimum Lot Area               30,000 sq. ft.

 

 

 

 

3.         Compliance with Provincial and Federal Regulatory Requirements

 

Prior to issuance of a Development Permit within the Resource (O) Zone confirmation shall be provided that the proposed development complies with all relevant Provincial and Federal regulatory requirements.


Schedule “A”

 

Zoning Map


Schedule “B”

 

 

Existing Commercial and Industrial Uses within the Residential Designation

 

 

Address                                 Owner                                    PID                 Use

 

69 Woodland St.            Town of Clark’s Harbour            80073695          Sewage Treatment                                                                                                                     Plant

 

3 Woodland St.             C. Brannen/S. Townsend           80073745          Hardware Store

 

9 Woodland St.             Island Traps Ltd.                       80073703          Marine Fabrication

 

2464 Main Street            L. Sears                                   80068844          Tank Shop

 

2474 Main St.                Parturel International Co.           80068885          Fish Plant

 

2490 Main St.                Paturel International Co.            80068869          Fish Plant

 

2518 Main St.                A. Atkinson/S. Atkinson                        80068919          Boat Building

 

2520 Main St.                Aylward Fibreglass Inc.             80068927          Boat Building

 

2568 Main St.                A & J Fisheries Ltd.                  82504499          Marine Gear Storage

 

45 Manford St.              Seapride Boat Works Ltd.         80068992          Boat Building

 

40 Bruce St.                  D B Kenney Fisheries Ltd.         80069297          Fish Plant

 

2848 Main St.                Okatoks Fisheries Ltd.              80069958          Marine Gear Storage

 

2925 Main St                 G. Symonds Boatbuilders Ltd.  80070071          Boat Building

 

2942 Main St.                Sea Star Seafoods Ltd.             80070063          Fish Plant

 


Appendix “A”

 
Variance and Nonconforming Use and Structures
An excerpt from Municipal Government Act, SNS c.18, 1998

Variance

235     (1)       A development officer may grant a variance in one or more of the                            following Land Use By-Law requirements:

(a)       percentage of land that may be built upon;

(b)       size or other requirements relating to yards;

(c)        lot frontage or lot area, or both, if

(i)  the lot existed on the effective date of  the By-Law, or

(ii)  a variance was granted for the lot at the time of subdivision approval.

 

(2)       Where a municipal planning strategy and Land Use By-Law so provide, a development officer may grant a variance in one or more of the        following Land Use By-Law requirements:

 

(a)        number of parking spaces and loading spaces required;

(b)       ground area and height of a structure;

(c)        floor area occupied by a home-based business;

(d)       height and area of a sign.

 

(3)       A variance may not be granted where the:

 

(a)       variance violates the intent of the Land Use By-Law;

(b)          difficulty experienced is general to properties in the area; or

(c)        difficulty experienced results from an intentional disregard for the requirements of the Land Use By-Law.

Variance procedures

 

236     (1)       Within seven days after granting a variance, the development officer shall give notice in writing of the variance granted to every assessed owner whose property is within thirty metres of the applicant’s property.

 

(2)       The notice shall:

 

(a)       describe the variance granted;

(b)       identify the property where the variance is granted; and

(c)        set out the right to appeal the decision of the development officer.

 

(3)       Where a variance is granted, a property owner served a notice may appeal the decision to the council within fourteen days after receiving the notice.

 

(4)          Where a variance is refused, the applicant may appeal the refusal to council within seven days after receiving notice of the refusal, by giving written notice to the clerk who shall notify the development officer.

 

(5)       Where an applicant appeals the refusal to grant a variance, the clerk or development officer shall give seven days written notice of the hearing to every assessed owner whose property is within thirty metres of the applicant's property.

 

(6)       The notice shall:

 

(a)       describe the variance applied for and the reasons for its refusal;

(b)       identify the property where the variance is applied for; and

(c)        state the date, time and place when council will hear the appeal.

 

Variance appeals and costs

 

237     (1)       Where a council hears an appeal from the granting or refusal of a variance, the council may make any decision that the development officer could have made.

 

            (2)       A development officer shall issue a development permit for any development for which a variance has been granted and which otherwise complies with a Land Use By-Law if:

 

(a)       the appeal period has elapsed and no appeal has been commenced; or

(b)       all appeals have been abandoned or disposed of or the variance has been affirmed by the council.

 

(3)       A council may by resolution provide that any person applying for a variance shall pay the municipality the cost of:

 

(a)       notifying affected land owners;

(b)       posting a sign.

 

 

 

Nonconforming structure or use

 

238     (1)       A nonconforming structure, nonconforming use of land or nonconforming use in a structure, may continue if it exists and is lawfully permitted at the date of the first publication of the notice of intention to adopt or amend a Land Use By-Law.

 

(2)       A nonconforming structure is deemed to exist at the date of the first publication of the notice of intention to adopt or amend a Land Use By-Law, if the:

 

(a)       nonconforming structure was lawfully under construction and was completed within a reasonable time; or

(b)       permit for its construction was in force and effect, the construction was commenced within twelve months after the date of the issuance of the permit and the construction was completed in conformity with the permit within a reasonable time.

 

(3)       A nonconforming use in a structure is deemed to exist at the date of the first publication of the notice of intention to adopt or amend a Land Use By-Law if:

 

(a)       the structure containing the nonconforming use was lawfully under construction and was completed within a reasonable time; or

(b)       the permit for its construction or use was in force and effect, the construction was commenced within twelve months after the date of the issuance of the permit and the construction was completed in conformity with the permit within a reasonable time; and

(c)        the use was permitted when the permit for the structure was granted and the use was commenced upon the completion of construction.

 

(4)       this Act does not preclude the repair or maintenance of nonconforming structure or a structure containing a nonconforming use.

 

(5)       a change of tenant, occupant or owner of any land or structure does not of itself affect the use of land or a structure.

 

 

 

 

 

 

Nonconforming structure for residential use

 

239     (1)       Where a nonconforming structure is located in a zone that permits                          the use made of it and the structure is used primarily for residential                           purposes, it may be:

(a)       rebuilt or repaired, if destroyed or damaged by fire or otherwise, if it is substantially the same as it was before the destruction or damage and it is occupied by the same use;

(b)       enlarged, reconstructed, repaired or renovated where:

(i)         the enlargement, reconstruction, repair or renovation does not further reduce the minimum required yards or separation distance that do not conform with the Land Use By-Law, and

(ii)        all other applicable provisions of the Land Use By-Law except minimum frontage and area are satisfied.

 

(2)       A nonconforming structure, that is not located in a zone permitting residential uses and not used primarily for residential purposes, may not be rebuilt or repaired, if destroyed or damaged by fire or otherwise to the extent of more than seventy-five percent of the market value of the building above its foundation, except in accordance with the Land Use By-Law, and after the repair or rebuilding it may only be occupied by a use permitted in the zone.

 

 
Nonconforming use of Land
 

240      A nonconforming use of land may not be:

 

(a)       extended beyond the limits that the use legally occupies;

(b)       changed to any other use except a use permitted in the zone; and

(c)        recommenced, if discontinued for a continuous period of six months.

 

 

 

 

 

 

 

 

 

 

 

 

 

Nonconforming use in a structure

 

241     (1)       Where there is a nonconforming use in a structure, the structure may not be:

 

(a)       expanded or altered so as to increase the volume of the structure capable of being occupied, except as required by another Act of the Legislature;

(b)       repaired or rebuilt, if destroyed or damaged by fire or otherwise to the extent of more than seventy-five percent of the market value of the building above its foundation, except in accordance with the Land Use By-Law and after the repair or rebuilding it may only be occupied by a use permitted in the zone

 

(2)       Where there is a nonconforming use in a structure, the nonconforming use:

 

(a)       may be extended throughout the structure;

(b)       may not be changed to any other use except a use permitted in the zone;

(c)        may not be recommenced, if discontinued for a continuous period of six months.

 

Relaxation of restrictions
 

242     (1)       A Municipal Planning Strategy may provide for a relaxation of the restrictions contained in this Part respecting nonconforming structures, nonconforming uses of land, and nonconforming uses in a structure and, in particular, may provide for:

(a)       the extension, enlargement, alteration or reconstruction of a nonconforming structure;

(b)       the extension of a nonconforming use of land;

(c)        the extension, enlargement or alteration of structures containing nonconforming uses;

(d)       the reconstruction of structures containing nonconforming uses, after destruction;

(e)       the recommencement of a nonconforming use of land or a nonconforming use in a structure after it is discontinued for a continuous period in excess of six months;

 

 

(f)        the change in use of a nonconforming use of land or a nonconforming use in a structure, to another nonconforming use.

 

            (2)        The policies adopted in accordance with this Section shall be carried out through the Land Use By-Law and may require a development agreement.