16L For any development or subdivision within the Northwest Arm Water Access Area, in addition to all other applicable requirements of this By-law, the following requirements shall apply:
(a) Definitions:
(i) “Boathouse” means a building or structure, whether permanent or temporary, which is located on a waterfront lot, which is roofed, which does not contain toilet, bathroom, kitchen or sleeping facilities and which is used for the shelter or storage of boats, watercrafts and associated marine accessories and equipment, but not for the accommodation of persons, animals, or vehicles as defined by the Motor Vehicle Act.
(ii) “Gazebo” means a freestanding, roofed accessory building or structure, which is not enclosed, which does not contain toilet, bathroom, kitchen or sleeping facilities, and which is not used for the accommodation of animals or vehicles as defined by the Motor Vehicle Act.
(iii) “Shoreline” means the Ordinary High Water Mark as defined under the Nova Scotia Land Surveyors Regulations and as it existed on the effective date of this Section.
(iv) “Water Lot” means any part or parcel of land on the Northwest Arm located seaward of the Shoreline.
Halifax Peninsula Land Use By-law Page 35 (b) In addition to all other applicable requirements of this by-law:
(i) No structure, with the exception of boathouses, public works and utilities, ferry terminal facilities, parks on public lands, wharves, docks, gazebos, municipal, provincial and national historic sites and monuments, and existing structures may be located within 9 metres (30 feet) of the Shoreline of the Northwest Arm; and,
(ii) Where boathouses and gazebos are to be located within 9 metres (30 feet) of the Shoreline of the Northwest Arm, they shall be limited to one boathouse and one gazebo per lot and each structure may have a maximum area of 121.92 square metres (400 square feet), a maximum width of 6 metres (20 feet) on the side that is most parallel to the Shoreline, a maximum depth of 7.8 metres (26 feet), a minimum roof pitch of 5/12 and a maximum height of 4.2 metres (14 feet);
(c) Notwithstanding Subsection (b), the 9-metre (30-foot) Northwest Arm Shoreline setback shall not apply to the properties identified by the following P.I.D. numbers: 41020439, 00079020 (St. Mary’s Boat Club), and 00079186 (The Waegwoltic Limited).
(d) No portion of a water lot shall:
(i) be included within the calculation of the minimum setback required by clause (b)(i);
(ii) be included within the calculation of the minimum lot area requirements of this by-law; and,
(iii) have frontage on any street not opened for vehicular use as of April 1, 2007.
(e) The requirements of this Section shall continue to apply to water lots following any subsequent consolidation with abutting land lots.
16M TEMPORARY CONSTRUCTION USES PERMITTED
(a) Nothing in this By-law shall prevent the use of land or the use or erection of a temporary building or structure which is necessary and accessory to construction in progress, such as a work camp or construction camp, mobile home, sales or rental office, tool or maintenance shed or scaffold, including a shipping container which serves as one of the foregoing, except as a mobile home, sales or rental offices, provided that a development permit has been issued.
(b) A rock crusher may be used at the site of a demolition of a structure or building, the site of construction of primary or secondary services pursuant to the Regional Subdivision By-law, or at the site of development permitted pursuant to this By-law, provided a development permit has been issued for such use.
(c) A development permit may only be issued for the temporary use of a rock crusher.
(d) A development permit issued for the use of a temporary rock crusher accessory to demolition of a structure or building pursuant to this
Halifax Peninsula Land Use By-law Page 36 By-law or a development pursuant to this By-law shall be valid for any period specified not exceeding sixty (60) days. A development permit issued under this clause may be renewed for a period not to exceed thirty (30) days at a time, if a development officer determines that an extension of the period is necessary. No rock crusher shall be located or used within three (3) metres of any property boundary.
(e) A development permit issued for the use of a temporary rock crusher accessory to the construction of primary or secondary services pursuant to the Regional Subdivision By-law shall be valid for any period which does not exceed the construction time schedule specified in the subdivision agreement. No rock crusher for which a permit has been issued under this clause shall be located or used within sixty (60) metres of any building used for residential or institutional purposes; with the exception of fire stations, police stations, public works facilities, cemeteries, historic sites and monuments, and recreational trails where no rock crusher shall be located or used within three (3) metres of any property boundary.
(f) Notwithstanding any other provision of this By-law, a temporary rock crusher accessory to construction in progress shall not be used to process material for export to another site nor to process material imported to the site.
(g) A temporary rock crusher may be used as an accessory to demolition in progress to process demolished material for export to another site subject to disposal in accordance with the requirements of this By-law and the C&D Materials Recycling and Disposal License By-law. (RC-Jan 20/09;E-Feb 7/09)
16N WIND ENERGY FACILITIES (RC-Jun 25/14;E-Oct 18/14)
The use of windmills or wind turbines to produce electricity or for any other purpose shall be regulated in accordance with the provisions of this Section.
I DEFINITIONS
For the purposes of this Section, certain terms are defined as follows:
a) “Habitable Building” means a dwelling unit, hospital, hotel, motel, nursing home or other building where a person lives or which contains overnight accommodations.
b) “Nacelle” means the frame and housing at the top of the tower that encloses the gearbox and generator.
c) “Nameplate Capacity” means the manufacturer’s maximum rated output of the electrical generator found in the nacelle of the wind turbine;
d) “Total Rated Capacity” means the maximum rated output of all the electrical generators found in the nacelles of the wind turbines used to form a wind energy facility;