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LAND USE BYLAW
EAST HANTS OFFICIAL COMMUNITY PLAN
BYLAW P-500
The Municipality of East Hants recognizes
the input members of the Plan Review
Citizens Panel devoted to the development
of the Official Community Plan:
The Municipality would also like to
recognize the many stakeholders and
residents who shared their thoughts and
aspirations for our Municipality through the
process of developing this Plan.
Brad Hodgins
Linda Graham
Jo Ann Fewer
Eli Chiasson
Stacey Ingraham
Pam MacInnis
Michael Gaudet
Blair Oickle
Repeal
The Land Use Bylaw of the District of East Hants, approved by the Minister of Municipal Affairs and effective
on the 21st day of September, 2016 and amendments thereto, is hereby repealed and this Bylaw substituted
therefore.
Certification
I, Kim Ramsay, Chief Administrative Officer and Municipal Clerk of the Municipality of the District of East
Hants, do hereby certify that the following is a true copy of the Municipality of the District of East Hants'
Land Use Bylaw which was duly passed by Council of the Municipality of the District of East Hants at a
meeting held on the 27th day of July, A.D., 2023.
DATED at Elmsdale, Nova Scotia, this ____ day of _____, A.D., _____.
Kim Ramsay
Chief Administrative Officer & Municipal Clerk
Page 1-4
PART 1 - INTRODUCTION
Table of Contents
Part 1: Administration
Part 2: Definitions
Part 3: General Provisions
Part 4: Signage
Part 5: Rural Zones
- General Provisions for All Rural Zones
- Rural Use (RU) Zone
- Agricultural (AR) Zone
- Rural Use North (RU-2) Zone
- Rural Comprehensive Development District (RCDD) Zone
Part 6: Residential Neighbourhood Zones
- General Provisions for All Residential Neighbourhood Zones
- Country Residential (CR) Zone
- Lakeshore Residential (LR) Zone
- Established Residential Neighbourhood (R1) Zone
- Two Dwelling Unit Residential (R2) Zone
- Mini-home (MH) Zone
Part 7: Mixed Use Zones
- General Provisions for All Mixed use zones (excluding Village Cores)
- Townhouse (R2-T) Zone
- Multiple Unit Residential (R3) Zone
- Mixed Use Centre (MC) Zone
- Village Core (VC) Zone
- Walkable Comprehensive Development District (WCDD) Zone
Part 8: Separated Commercial Zones
- General Provisions for All Commercial Zones
- General Commercial (GC) Zone
- Highway Commercial (HC) Zone
- Regional Commercial (RC) Zone
Page 1-5
LAND USE BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
- Business Park (BP) Zone
- Industrial Commercial (IC) Zone
Part 9: Community Use Zones
- Institutional Use (IU) Zone
- Open Spaces (OS) Zone
Part 10: Environmental Zones
- High Risk Floodplain (HF) Zone
- Moderate Risk Floodplain (MF) Overlay Zone
- Water Course Greenbelt (WG) Zone
- Water Intake Overlay Area (WI) Zone
- Watershed Protection Overlay Area (WP) Zone
- Shubenacadie Aquifer Protection (SAP) Overlay Zones
- Water Supply (WS) Zone
- Milford Groundwater (MGW) Overlay Zone
Part 11: Appendices
- Appendix A: Generalized Future Land Use Maps
- Appendix B: Form Based Zone Requirements for the Village Core (VC) Zone
- Appendix C: Site Plan Approval Forms
- Appendix D: Environmental Study
- Appendix E: Requirements and Application for Large Scale Wind
Developments
- Appendix F: Map of Special MC Zone Area
Page 1-6
PART 1 - INTRODUCTION
Administration
1.1. General Interpretation
The Municipality of East Hants shall be divided into zones, the extent and boundaries of which are shown on
the Zoning Map which is attached to this Bylaw. The provisions of this Bylaw shall apply to all such zones.
1.2. Zone Symbols
The following zones appear of the Zoning Map and are represented by the following symbols.
Zones
Symbol
Colour
Rural Zones
Agricultural Reserve
AR
Rural Use
RU
Rural Use North
RU-2
Rural Comprehensive Development District
RCDD
Residential Neighbourhood Zones
Country Residential
CR
Lakeshore Residential
LR
Established Residential Neighbourhood
R1
Two Dwelling Unit Residential
R2
Mini-Home
MH
Mixed Use Zones
Townhouse
R2-T
Multiple Unit Dwelling
R3
Mixed Use Centre
MC
Village Core
VC
Walkable Comprehensive Development District
WCDD
Separated Commercial Zones
General Commercial
GC
Highway Commercial
HC
PART 1: ADMINISTRATION
Page 1-7
LAND USE BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
Regional Commercial
RC
Business Park
BP
Industrial Commercial
IC
Community Use Zones
Institutional Use
IU
Open Space
OS
Environmental Zones
High Risk Floodplain
HF
Moderate Risk Floodplain Overlay
MF
Watercourse Greenbelt
WG
Water Supply
WS
Water Intake Overlay
WI
Water Protection Overlay
WP
Shubenacadie Aquifer Protection Overlay
SAP-1
Shubenacadie Aquifer Protection Overlay
SAP-2
Shubenacadie Aquifer Protection Overlay
SAP-3
Milford Groundwater Overlay
MGW
1.3. Certain Words
a) In this Bylaw, 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 "used" includes "arranged", "designed", or
"intended to be used", and the word "shall" is mandatory and not permissive.
b) All official measurements are in metric measurements.
1.4. Zoning Boundaries
Zoning boundaries 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 the lot lines, such lot lines shall be the
boundary.
c) Where a railroad or railway right-of-way, an electrical transmission right-of-way, or a watercourse serves
as a boundary between two or more different zones, the centre line of such right-of-way or of such
Page 1-8
PART 1 - INTRODUCTION
watercourse shall be the boundary.
d) Where there is no landmark that indicates the precise location of a boundary the boundary shall be scaled
from the Zoning Map.
e) Where a zone boundary is indicated as following the municipal boundary, the municipal limit shall be the
boundary.
1.5. Development Officer
a) Council shall appoint a Development Officer pursuant to the provisions of the Municipal Government Act,
who shall be responsible for the administration of the Land Use Bylaw and the issuance of development
permits under this Bylaw.
b) In the absence or incapacity of the Development Officer, Council may appoint an acting Development
Officer who shall carry out the duties of the Development Officer and make all decisions that he/she could
have made.
1.6. Authority of the Municipality, Licences, Permits and Compliance with
Other Bylaws
a) The Municipality, or it's authorized representatives, is not required to comply with the requirements of this
Bylaw or need to obtain any license, permission, permit, authority or approval required thereunder.
b) Nothing in this Bylaw shall exempt any person from complying with the requirements of other Bylaws or
regulations within the Municipality of East Hants or from obtaining any license, permission, permit, authority
or approval required thereunder.
c) Where the provisions in this Bylaw conflict with those of any other municipal or provincial requirements,
the higher or more stringent provisions shall prevail.
1.7.
Uses Permitted
a) Uses permitted within any zone shall be determined as follows:
b) If a use is not listed as a use permitted within any zone, it shall be deemed to be prohibited in that zone.
c) If any use is listed subject to any special conditions or requirements, it shall be permitted subject to the
fulfilling of such conditions or requirements.
d) Where a use permitted within any zone is defined in Part 2, the uses permitted within that zone shall include
any similar use except where a definition is specifically limited to exclude a use.
e) Except where limited by this Bylaw, or specifically prohibited elsewhere in this Bylaw, any use permitted
within any zone may be located in conjunction with any other use permitted within that zone.
1.8. Revocation
The Development Officer may revoke a Development Permit if:
a) the development is not in accordance with:
i)
this Bylaw,
ii)
the plans associated with the approved development permit,
iii)
an approved site plan, or
iv)
an approved development agreement.
b) the permit was issued based on incorrect information provided by the applicant when applying for the
development permit; or
c) the permit was issued in error.
Page 1-9
LAND USE BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
Regulation
Amendment Date
Description
PART 2
Definitions
Page 2-2
PART 2 - DEFINITIONS
PART 2: DEFINITIONS
For the purpose of this Bylaw, all words shall carry
their customary meaning except for those defined
in this section. Drawings are for illustrative purposes
only. The text definition shall prevail in any conflict
between a drawing and the text definition.
Accessory Building means a subordinate building
or structure on the same lot as the main building
devoted exclusively to an accessory use. This use
many may include an accessory dwelling unit where
permitted.
Accessory Dwelling Unit means a dwelling unit
accessory to a single unit dwelling or bed and
breakfast intended as an independent and separate
unit which contains its own sleeping, living, cooking
and sanitary facilities, and its own independent
entrance. Accessory dwellings may be contained
within the primary single unit dwelling or located in a
detached structure.
Accessory Dwelling Unit, Garage Suite means an
accessory dwelling unit built above a detached
garage.
Accessory Dwelling Unit, Garden Suite means a
free-standing, single-story accessory dwelling unit
located behind the primary single unit dwelling or
bed and breakfast.
Accessory Dwelling Unit, Secondary Suite means
a self-contained accessory dwelling unit fully
contained within and subordinate to a single unit
dwelling or bed and breakfast.
Accessory Use means an subordinate use(s) which
take place on the same site as the principal use, and
is clearly secondary and incidental to the principal
use.
Accommodations, Bed and Breakfast means a
dwelling where the owner or resident manager
provides accommodation and meals (usually
breakfast) to the travelling public. A bed and
breakfast shall contain a maximum of 4 sleeping
units (bedrooms) and a common area.
Accommodations, Employee means an accessory
use providing non-permanent accommodation for
the owners and/or employees of a business which
is situated on the same lot as the accommodations
and shall contain a maximum of 3 sleeping units
(bedrooms).
Accommodations, General means either:
-
A building, or portion thereof, where 3 or
more sleeping units (bedrooms) are used to
accommodate the travelling public for financial
remuneration and may include facilities such as
meeting rooms, restaurants, and entertainment
facilities. This use shall include hotels, motels,
inns or cottages but does not include bed and
breakfasts, or
-
A single detached dwelling where the owner
or resident manager provides sleeping
accommodations, with or without meals. The
use shall have common area; and at least 4
and no more than 6 sleeping units (bedrooms),
inclusive of those for the owner or resident
manager. This form of the use includes boarding
houses and is not available for use by the
travelling public.
Aggregate means all consolidated and
unconsolidated materials, excluding gypsum,
limestone, peat or minerals as defined under the
Mineral Resources Act.
Agricultural Use means the use of land and buildings
for farming, dairying, pasturage, agriculture,
apiculture, floriculture, horticulture, and animal and
poultry husbandry and the necessary accessory uses
for packing, storing, or treating the produce.
Agriculture, Non-Intensive means an agricultural
use with associated buildings (including hobby farms)
and is intended to include the keeping of animals
Page 2-3
LAND USE BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
and/or the raising of crops but shall not include a
feedlot, or piggery.
Agri-tourism means agricultural accessory uses that
includes experiencing agricultural life, participating in
farm activities, and/or purchasing farm products.
Agri-tourism Lodging means accommodations
accessory to an agri-tourism use, containing a
maximum of 10 sleeping units (a bedroom or other
area used as a bedroom).
Agrivoltaics mean the simultaneous use of areas of
land for both solar photovoltaic power generation
and agriculture.
Alter or Alterations means any change in the
structural component of a building or any increase in
the volume of a building or structure.
Amenity Area means an area capable of being used
for active or passive recreation and enjoyment of
the occupants of a residential development. An
amenity area may include landscaped areas, patios,
verandahs, balconies, communal lounges, swimming
pools, sport courts, play areas, and other similar
features, and does not include the building's service
areas, parking lots, aisles, or access driveways.
Amenity Area, Common Indoor means an amenity
area located inside a structure and may include
general purpose craft or party rooms, gymnasiums,
swimming pools, tennis courts, and other similar
features.
Amenity Area, Common Outdoor means an amenity
area located outside a structure including open
landscaped areas, building rooftops, patios, terraces,
swimming pools, tennis courts, and other similar
features.
Amenity Area, Private Outdoor means an amenity
area located outside a structure which is accessory
to a dwelling unit such as a patio, backyard and
balconies and does not include walkways, play areas,
or other communal areas.
Animal Hospitals & Veterinary Offices means
an establishment primarily used for the care and
treatment of domestic animals where the veterinary
services primarily involve in-patient care and major
medical procedures involving hospitalization for
extended periods of time. Any outdoor runs for
animals shall be enclosed and opaque from abutting
residential properties. The accessory use of animal
crematoriums is permitted. Animal Hospitals &
Veterianary Offices shall not be an objectionable use
as defined in this Bylaw.
Architectural Style means the classification of built
form based on height, materials, and massing.
Architecture, Articulation means the changes
in the depth of the surface of a building face
or facade such as attached columns, recessed
windows or window bays or protruded building face
components. Articulation gives texture to a building
surface. Vertical articulation can be used to divide
a facade into pieces that appear to be separate
buildings or can simply be ornamental.
Automobile Dealers & Rentals means an
establishment primarily engaged in retailing or
renting new and used roadworthy automobiles,
commercial vehicles, motorcycles, watercraft, off-
road vehicles, and recreational vehicles. This use
shall not include salvage yards.
Automobile Service Station means an establishment
primarily engaged in the retail sale of fuel, oil,
gasoline, and automobile related products and may
include a car wash or a convenience retail store.
This use does not include automobile vehicle repairs
and maintenance.
Automobile Vehicle Repairs & Maintenance
means an establishment primarily engaged in
providing motor vehicle repair and maintenance for
automobiles, commercial vehicles, motorcycles,
watercraft, off-road vehicles, and recreational
vehicles and includes oil change and lubrication
shops, autobody shops, tire repair shops and
rustproofing/undercoating. This use shall not include
the outdoor storage of vehicles on the lot longer
than 3 months and shall not include a salvage yard.
Automobile Vehicle Repairs & Maintenance (Home
Based) means an accessory home-based business
entirely conducted within a separate accessory
building, operated by the resident of the dwelling
situated on the same lot, and conducts minor repairs
and servicing of automobiles or light trucks (up to
908 kg) for remuneration and does not include the
retailing or storage of any vehicle, parts, or gasoline
products from the lot. This use shall not include
automobile vehicle repairs & maintenance, salvage
yard or scrap yard.
Automobile Wholesalers/Automobile Auctions
means a development used for the auctioning of
Page 2-4
PART 2 - DEFINITIONS
or selling of automobiles, including the temporary
storage of such automobiles; but shall not mean
salvage yard or the sale of motor vehicle parts.
Balconies & Attached Decks means an unroofed
elevated platform projecting from the wall of a
building that may be semi-enclosed by a railing or a
parapet, but where the structure remains open to the
outside elements.
Bank & Financial Institutions means an
establishment primarily engaged in providing
financial services to the public. Typical uses,
include but not limited to, banks, trust companies,
finance companies, mortgage companies, insurance
companies, or investment companies.
Basement means a storey or storeys of a building
located below the ground floor.
Biogas Facility means a facility that is intended to
decompose organic materials into gas fuel.
Boathouse means an accessory building erected
abutting the shore of a navigable body of water,
or on a dock and is designed and constructed to
shelter boats, watercraft like canoes and kayaks,
and associated marine accessories and equipment.
A boathouse shall not contain a sleeping, living,
cooking or sanitary facility and shall not be used for
human habitation. A boathouse shall not contain
any uses unrelated to the storage of boats and shall
not be used to store automobiles and other related
equipment. A boathouse shall include attached
decks.
Bona Fide Farm means an agricultural operation
that is actively engaged in farming and earns at least
$5,000 per calendar year from agricultural activities
taking place on the farm.
Brewery, Distillery & Winery means a facility used
for the fermenting, brewing, or distilling of beverage
alcohols and includes facilities on the same lot
where the beverage alcohols may be blended, mixed,
stored or packaged, and may include accessory
sales, tours, tasting rooms and customer seating
areas.
Building means any structure, whether temporary
or permanent, used or built for the shelter,
accommodation, or enclosure of persons, animals,
material, vehicles, activity, or equipment. Any tent,
awning, deck, patio or platform, vessel or vehicle
used for any of the said purposes shall be deemed to
be a building.
Building Line means any line regulating the position
of a building or structure on a lot.
Build-to-Area means the area of the lot where the
front street facing facade of a primary building or
structure is required to be located.
Business Support Services & Printing means
an establishment that provides support services
to businesses that are characterized by one or
more of the following features: the use of minor
mechanical equipment for printing, duplicating,
binding or photographic processing, the provision
of office maintenance or custodial services, the
provision of office security, and the sale, rental,
repair, or servicing of office equipment, furniture,
and machines. Typical uses, include but are not
limited to, printing establishments, film-processing
establishments, janitorial firms, call centre, and office
equipment sales and repair establishments.
Campground means a building, structure, land, or
part thereof used for a range of overnight camping
experiences, including but not limited to tenting,
recreational vehicle sites (serviced and un-serviced),
and other camping structures. This includes
accessory facilities that support camping, including,
but not limited to, administration offices, laundry
facilities, recreation halls and canteens, but does
not include the use of mini-homes or recreational
Page 2-5
LAND USE BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
vehicles on a permanent year-round basis.
Camping Structure means a building or structure
constructed for temporary or seasonal use and
may include but is not limited to yurts, geodomes,
oTENTiks, wood structures, or other camping
structures.
Carport means a structure that is open on a
minimum of 2 sides designed and used to shelter
vehicles.
Car Wash means establishment primarily dedicated
to the washing and/or waxing of motor vehicles.
Civic Address means the street address assigned to
a building by the Municipality for the purpose of mail
delivery, emergency services response, and general
household and business identification. It shall
include a building number, street name, community
name and, if applicable, unit number.
Clergy House means a dwelling provided for the
officiant of a place of worship.
Commercial Club means any club operated for
financial gain.
Commercial Parking Lot means an open area, other
than a street or lane or parking structure, used for
the parking of motor vehicles and available for public
and/or private use whether or not for compensation.
A commercial parking lot shall include 3 or more
parking spaces together with aisles and shall have
principal access to a street and where the use of
parking constitutes the main use of the lot.
Commercial Vehicle means a vehicle that is used for
an activity that has as its main purpose financial gain.
Community Centre means a facility used for
recreational, social, educational, and cultural
activities by the community. The community centre
may be used for commercial purposes and may be
controlled by the Municipality, a local board, a non-
profit group or any similar organization. Bingo halls
are permitted as an accessory use to a community
centre.
Construct means to build, erect, reconstruct, alter,
relocate, or place any building or structure and shall
include any preliminary physical operation prior to
construction such as excavating, grading, piling,
cribbing, filling, or draining.
Council means the Council of the Municipality of the
District of East Hants.
Courier & Messenger means an establishment
primarily dedicated to providing air, surface, or
combined mode courier delivery services or
messenger and delivery services of small parcels.
Cultural Institution means a facility which is
available to the public for the purpose of assembly,
instruction, culture or community activity. Typical
uses, include but are not limited to, auditoriums,
libraries, museums, theatres, and publicly owned art
galleries.
Daycare, General means a provincially licensed
daycare facility located in any portion of a non-
residential dwelling where the children are
accommodated without providing overnight
accommodations. This use shall not include
educational services use as defined in this bylaw.
Daycare, Home-Based means a family home
daycare facility located in any portion of an
existing residential dwelling without overnight
accommodation and shall be in compliance with the
Provincial regulations for the maximum number of
children permitted in a home-based daycare.
Daylighting Triangle (corner lot sight lines) means
a triangular area of a corner lot adjacent to the
intersection of 2 streets. The area is determined
by measuring from the intersection the distance
required for minimum yard setbacks along each
street line and joining such points with a straight line.
The triangle shaped area between the intersecting
lines and the straight line shall be known as the
'daylighting triangle'
Decorative Features means architecturally
ornamental or decorative features attached to or
protruding from an exterior wall or roof, including
but not limited to cornices, eaves, belt courses, sills,
Page 2-6
PART 2 - DEFINITIONS
lintels, bay windows, gutters, chimneys, pilasters,
canopies or similar permanent features.
Development means any erection, construction,
alteration, demolition, replacement, relocation,
or addition to any structure, and any change or
alteration in the use of land or structures.
Development Agreement means an agreement
made pursuant to the provisions of the Municipal
Government Act.
Development Permit means a permit, other than a
building permit, issued by the development officer
which indicates that a proposed development
complies with the provisions of the Land Use Bylaw.
Dock means a structure built over or floating upon
the water and used as a landing place for boats and
other marine transport, fishing, swimming, and other
water-related recreational uses.
Dog Daycare means a retail or personal service use
that regularly provides care to a group of dogs during
general daytime working hours where more than 3
dogs but no more than 10 at once are kept.
Drinking Establishment means an establishment
licenced as a beverage room, lounge, cabaret, or
tavern by the Nova Scotia Liquor Licensing Board.
Dwelling means a building, or portion thereof,
occupied as a home or residence by 1 or more
persons, containing 1 or more dwelling units, and
shall not include a hotel, motel, motorhome, travel
trailer or other recreational vehicle.
Dwelling Unit means 1 or more habitable rooms
intended for use by 1 or more individuals as
an independent and separate housekeeping
establishment which contains its own sleeping, living,
cooking and sanitary facilities for the exclusive use of
such individual(s).
Dwelling, Farm means a residence directly related
to a bona fide farm operation and is the principal
residence of a retired farmer, farm family, or farm
labourer, and includes a farm secondary dwelling.
Dwelling, Farm Secondary means a building
consisting of 1 or more dwelling units that are
accessory to a farm operation and is designed to
accommodate the family or families of one or more
family farm employees.
Dwelling, Mini-home means a dwelling designed for
transportation after fabrication, whether on its own
wheels or on a flatbed or other trailer, and which
arrives at the site where it is to be occupied as a
dwelling complete and ready for occupancy, except
for minor and incidental unpacking and assembling,
and the foregoing shall include mobile homes and
modular dwellings having any main walls with a
width of less than 6.2 m.
Dwelling, Multiplex (Large) means a building
consisting of 9 or more dwelling units which
share facilities such as amenity areas, parking and
driveways. Where this Bylaw permits, commercial
uses may also be located within the building.
Dwelling, Multiplex (Small) means a building
consisting of 3 to 8 dwelling units which share
facilities such as amenity areas, parking and
driveways.
Dwelling, Single Unit means a detached dwelling
unit used or intended to be used by 1 household.
For the purpose of this bylaw, a manufactured home
shall be a single unit dwelling. This use shall not
include mini-homes.
Dwelling, Tiny Home on Wheels means a dwelling
constructed on a chassis or trailer, a maximum
of 3 m wide, and not installed on a permanent
foundation; which must be CSA approved for four-
season use or certified by a Professional Engineer for
year-round human habitation.
Dwelling, Townhouse means a building consisting of
3 or more vertically divided dwelling units with each
dwelling unit having their own independent entrance
directly from the outdoors.
Dwelling, Townhouse (Cluster) means a townhouse
situated on a lot in such a way that at least 1 dwelling
unit does not have frontage on a public street.
Page 2-7
LAND USE BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
Dwelling, Townhouse (On-Street) means a
townhouse where each dwelling unit is located on a
separate lot and has frontage on a public street.
Dwelling, Townhouse (Stacked) means a building
divided vertically and horizontally into 3 or more
dwelling units where each unit has frontage on a
public street.
Dwelling, Two Unit means a building consisting of 2
dwelling units .
Dwelling, Two Unit (Duplex) means a horizontally
divided building consisting of 2 dwelling units.
Dwelling, Two Unit (Linked) means a building
consisting of 2 dwelling units which has the
appearance of 2 single detached dwellings, but is
connected by the footings, but not a common wall.
Dwelling, Two Unit (Semi-Detached) means a
vertically divided building consisting of 2 dwelling
units sharing a common wall where each unit has
its own dedicated exterior entrance and where each
unit is designed to exist independently if subdivided.
Educational Services means establishments primarily
engaged in providing instruction and training.
Typical uses include, but are not limited to, schools,
community colleges, universities, business schools,
private schools, athletic instruction, and technical
and trade schools.
Emergency Services Facilities means a facility
primarily engaged in the protection of persons and
property from injury, harm or damage which may
include incidental storage of emergency equipment
and vehicles. Typical uses include, but are not limited
to, police stations, fire stations, or ambulance depots.
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, filling, or drainage, or the structural alteration,
deletion, enlargement, or extension.
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
Page 2-8
PART 2 - DEFINITIONS
or entrenchment. When used with reference to
a street, road, or highway, means the elevation
of the street, road, or highway established by the
designated traffic authority.
Excavating and Construction Services means
operations which involve buildings and laydown
areas used for the storage of machinery and
equipment related to construction services,
excavating services and/or the storage of aggregate
and soil but does not include operations which
involve crushing, blasting, or screening.
Existing means existing as of the effective date of
this Bylaw. The effective date is the date in which
the 2016 East Hants Official Community Plan came
into effect.
Farming Operation means any operation devoted
to the production, for sale, of farm products and
includes, but is not limited to, the following:
-
The land, buildings, animals, and machinery used
in the production of farm products and includes
an individual, corporation, or partnership that
operates a farm;
-
The marketing of produce at roadside stands,
U-picks, or farm markets;
-
The process necessary to prepare a farm product
for distribution to the farm gate;
-
The operation of machinery and equipment; and
-
The application of animal and other farm
wastes and chemical fertilizers, conditioners,
and pesticides, and the employment and use of
labour.
Fire Escapes & Exterior Staircases means an exit
stairway located on an outside wall of a building,
Floor Area, Commercial means the total usable floor
area within a building used for commercial purposes
excluding corridors, washrooms, furnace, utility
rooms, and common areas between stores.
Floor Area, Dwelling means the maximum area
contained within the outside walls excluding any
private garage, porch, verandah, unfinished attic,
basement and cellar, or other room not habitable at
all seasons of the year.
Floor Area, Gross means the combined floor area of
a 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.
Floor Area, Ground means the combined area of all
horizontal space contained within the exterior face
of the exterior walls of a building storey closest to
grade level.
Floor Area Ratio means the maximum gross floor
area of the main buildings or dwellings on a lot
expressed as a percentage of the lot area, and for the
purposes of this definition, the maximum floor area
ratio in each zone shall apply only to that portion
of such lot which is located within said zone unless
specifically stated otherwise in this Bylaw.
Food Service Vehicle means any vehicle, as defined
in the Motor Vehicle Act, used for the displaying,
storing, transportation or sale of food and non-
alcoholic beverages by a vendor, which is required
to be licensed and registered pursuant to the Motor
Vehicle Act.
Forestry Uses & Structures means the production of
timber, pulp, christmas trees, and other commercial
silviculture operations.
Funeral Services means establishments primarily
engaged in preparing the dead for burial or
interment, conducting funerals, operating sites or
structures reserved for the interment of human or
pet remains, and cremating the dead.
Gambling Industries means an establishment
primarily engaged in operating gambling facilities or
providing gambling services. Typical uses, include
but are not limited to, casinos, bingo halls, video
gaming terminals, lotteries and off-track betting.
Government Offices & Facilities means facility
where Crown Corporation, Municipal, Provincial
or Federal government provides services directly
to the public. Typical uses include, but are not
limited to, taxation offices, courthouses, post office,
employment offices, and social service offices. This
use does not include emergency service facilities and
Page 2-9
LAND USE BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
education services.
Ground Area means the area of a building or
accessory building at ground level.
Ground Floor means the first floor of building above
the established grade.
Ground Floor Finish Level means the distance
measured from the first storey finished floor level of
the main street facing facade above the established
grade.
Health Care Services means an establishment
primarily engaged in providing outpatient health care
to the public without overnight accommodation.
Typical uses include, but are not limited to, medical
professionals such as dentists, chiropractors,
osteopaths, physicians or occupational therapists.
Height means the vertical distance between the
established grade and the highest point of the
roof and shall not include any accessory roof
construction used as an ornament or the mechanical
operation of the building such as a mechanical
penthouse, a chimney, tower, cupola, steeple or
antenna.
Home-Based Business means business or
professional use operating as an accessory use on
the same property by the dwelling's occupant(s).
Hospital means an establishment primarily engaged
in providing in-patient and outpatient health care
to the public. Typical uses include, but are not
limited to, community health centres and full service
hospitals.
Industrial Use, General means the use of land,
buildings, or structures for the manufacturing,
processing, fabricating, or assembly of raw materials
or goods, warehousing or bulk storage of goods, and
related accessory uses.
Industrial Use, Noxious means a use of land,
buildings, or structures for the manufacturing,
processing, fabricating, or assembly of raw materials
or goods, warehousing, transportation or bulk
storage of goods, and related accessory uses. The
use 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 materials. Any use related to goods which are
potentially dangerous would fall into this category.
Intensive Livestock Operation means an operation
consisting of livestock or poultry in which 20 or
more animal units are confined to a feed lot or
facility for feeding, breeding, milking, holding for
eventual sale, or egg production. Animal units are
calculated from the following chart and includes
combinations of different types of livestock.
Type of Livestock
Number of
Animals per
Animal Unit
Dairy Cows (plus calf)
1.5
Dairy Heifers
2
Beef Cows (plus calf)
2
Bulls
1
Beef Feeders (150 - 500 kg)
2
Veal Calves
5
Horses
2
Sheep (plus Lamb)
5
Sows (plus litter to weening)
(Breeding/Gestation)
2
Sows (Farrow to Finish includes all
feeder pigs belonging to sow)
2
Sows (Farrow to Wean)
2
Weaners
5
Hogs (Feeders)
5
Laying Hens
10
Page 2-10
PART 2 - DEFINITIONS
Broiler Chickens
10
Turkeys Broilers (5 kg)
10
Female Minks
(plus associated males and kits)
10
Female Rabbits
(plus associated males)
10
Intersection means the area created by the meeting
of 2 or more streets which join one another at an
angle, whether or not 1 street crosses the other.
Intersections extend back to include the area created
by curb or road edge return radii.
Kennels, Boarding means a place, premises,
building, group of pens, or facility other than a pet
daycare, where more than 3 animals commonly kept
as household pets are kept or boarded, and shall also
allow up to 3 animals not legally belonging to the
operator to be kept overnight for training or breeding
purposes.
Kennels, Breeding means a place, premises, building,
groups of pens, or facility where more than 10
animals commonly kept as household pets are bred
or raised, and shall also allow up to 3 animals not
legally belonging to the operator to be kept for
purposes other than breeding.
Kitchen, Commercial means a room or portion
of a building primarily devoted to the storage and
preparation (includes cooking and baking) of food
for sale.
Landscaping means any combination of trees,
shrubs, flowers, grass, or other horticultural
elements, decorative stonework, paving, screening,
or other architectural elements, all of which are
designed to enhance the visual amenity of a
property, or to provide a screen to mitigate any
objectionable aspects that may detrimentally affect
adjacent lands.
Live/Work means a mixed use dwelling unit and
commercial unit where:
-
No more than 3 people engaged in any of the
following uses: general retailers & rental services;
office & professional services, personal care
services, the making, processing, and assembly
of products on a small scale; and
-
At least 1 person resides in the dwelling unit
where the commercial use is carried out.
Loading Space means an area of land provided and
maintained upon the same lot or lots upon which the
principal use is located and which area:
-
Is suitable for the temporary parking of 1
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;
-
Is not upon or partly upon any street or highway;
and
-
Has adequate access to permit ingress
and egress by means of driveways, aisles,
maneuvering areas, or similar areas, no part of
which shall be used for the parking or storage of
1 or more motor vehicles.
Lot means any parcel of land described in a deed,
or any parcel of land as shown on an approved plan
of subdivision filed in the Registry of Deeds, or any
parcel of land as described in a deed by means of
Section 268(2) of the Municipal Government Act..
Lot, Corner means a lot situated at the intersection
of, and abutting on 2 or more streets.
Lot, Flag means a lot with a configuration that
resembles an outstretched flag at the top of a flag
pole. For lots where central service laterals could
be extended from the public street, the 'pole' of the
lot cannot exceed 76 m for a lot. For unserviced
lots, the 'pole' cannot exceed 230 m. For serviced
and unserviced lots, the 'flag' portion of the lot shall
contain the required minimum lot area specified in
Page 2-11
LAND USE BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
the applicable zone and the minimum width of the
'pole' shall be 6 m.
Lot, Through means a lot bounded on 2 opposite
sides by a street. For lots which qualify as both a
corner and a through lot, the lot shall be deemed to
be a corner lot.
Lot, Undersized means a lot where the lot width
and/or area is less than the zone requirements of this
Bylaw.
Lot Area means the total horizontal area within the
lot lines of a lot. For split-zoned lots, the lot area is
not synonymous with the calculated zone area on a
lot.
Lot Coverage means the portion of the lot that is
covered by any part of any building or structure on
or above the surface of the lot.
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 (B) and rear (A)
lot lines, or for pie shaped lots, the length of a line
joining the midpoint (B) of the front lot line to the
apex (C) of the triangle.
Lot Frontage means the distance between the side
lot lines of a lot measured along the street, highway
or private road.
Lot Line means a boundary or exterior line of a lot.
Lot Line, Flankage means a side lot line of a corner
lot that abuts the street.
Lot Line, Front means the line dividing the lot from
the street and includes the following variation:
-
For a Flag Lot, the front lot line shall abut a public
street and shall have a minimum extent of 6 m;
-
For a Waterfront or Island Lot as approved
pursuant to the Subdivision Bylaw, the front lot
line shall abut the navigable watercourse;
-
For a lot that has 1 of its boundaries abutting a
private road or a right-of-way easement, that
boundary shall be deemed to be the front lot
line;
-
For a lot with access to a public street by means
of a right-of-way easement, the front lot line
shall be the nearest lot line that extends across
the right-of-way easement;
-
For a corner lot, 1 of the boundary lines abutting
the street shall be deemed the front lot line, and
the other line shall be deemed to be the flankage
lot line. Where practicable, the shorter boundary
line abutting the street shall be deemed the front
lot line; and
-
For a through lot, either of the 2 boundary lines
dividing the lot from the street shall be deemed
to be the front lot line.
Lot Line, Rear means the lot line farthest from or
opposite the front lot line.
Lot Line, Side means a lot line other than a front or
rear lot line.
Main Building means the building where the
principle purposes for which the building lot is used
is carried out.
Page 2-12
PART 2 - DEFINITIONS
Marina means a facility which is primarily used for
the rental of berthing space for boats, but may
include the rental of boats, storage of boats and
equipment, marina supplies, fuel, fishing supplies
and equipment, boat repair facilities, or a café or
restaurant.
Marine Related Uses means establishment primarily
engaged in renting, repairing or using watercraft.
Typical uses include, but are not limited to, marinas,
boatyards (for repair, storage, and ancillary sales of
recreational boats), boat launches, and wharves. This
use does not include the manufacturing of boats.
Marine Service Industry means a use of land,
wharves and buildings for the design, assembly,
service, or sales of equipment which is utilized for
aquatic business (including seafood processing), tidal
power operations, research or recreational purposes,
but does not include residential, or obnoxious uses,
or a noxious industrial use.
Mini-home Community means an establishment
comprising land or premises under single ownership,
designed, and intended for the use of 3 or more
mini-homes for residential dwelling purposes. This
use does not include campgrounds.
Mini-home Dealer means establishments primarily
engaged in retailing new and used mini-homes,
modular homes, manufactured homes, parts and
equipment.
Mini-home Space means an area of land in a mini-
home community designed to accommodate 1 mini-
home.
Movie Theatre means a use where motion pictures
are viewed by the public, but excludes an adult
theatre.
Municipal Government Act (MGA) means the
Municipal Government Act (MGA). Statutes of Nova
Scotia, 1998, the enabling legislation for municipal
planning in Nova Scotia.
Municipality means the Municipality of the District of
East Hants.
Municipally Approved Central Piped Services means
Municipally approved central waste water and/or
water services generally owned or intended to be
owned by the Municipality.
Objectional or Obnoxious means a use that, 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 materials.
Office & Professional Services means an
establishment primarily used for the provision of
professional services. Typical uses include, but
are not limited to, offices of lawyers, accountants,
financial advisers, engineers, architects, and
photographers. This use does not include banks
& financial institutions, business support services &
printing, health care services, or government offices
& facilities.
Ordinary High Water Mark means the limit or edge
of a body of water where the land has been covered
by water so long as to wrest it from vegetation or to
mark a distinct character upon the vegetation where
it extends into the water or upon the soil itself.
Outdoor Display means a display of goods which are
available for sale to the general public. Such goods
include but are not limited to cars, trucks, vans,
motorcycles, swimming pools, decorative fountains,
prefab cottages, barbecues, lawn furniture, wood
furnaces and homes.
Outdoor Markets means a structure erected on a lot
on a seasonal basis for the purpose of selling garden
plants, produce, and other related horticultural
items, and shall exclude tractor trailers, construction
trailers, travel trailers, and converted mini-homes.
Outdoor Storage means items such as merchandise,
goods, inventory, materials, or equipment that are
not intended for immediate sale and are stored by
being located on a lot exterior to a building.
Park means a parcel of land intended through design
and function to provide opportunities for either
active or passive recreational pursuits. This use
may include playground equipment, hard-surfaced
courts, and landscaped areas for passive recreational
activities, but shall not include major facilities such
sport stadiums, arenas, or swimming pools.
Park, Private means a park other than a public park.
Park, Public means a park owned or controlled by
a Public Authority or by any board, commission, or
other authority established under any statute of the
Province of Nova Scotia.
Page 2-13
LAND USE BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
Parking Lot means an open area, other than a
street, containing parking spaces for 2 or more
motor vehicles, available for public use or as an
accommodation for clients, customers, or residents
and has access to a street or highway by means of
driveways, aisles, or maneuvering areas where no
parking or storage of motor vehicles is permitted.
Parking Space/Stall means an area used for the
temporary parking of motor vehicles, and which has
adequate access to permit ingress and egress of a
motor vehicle from a street by means of driveways,
aisles, or maneuvering areas.
Personal Care Services means an establishment
primarily engaged in furnishing services and
administering to the individual and personal needs
of the persons. Typical uses include, but are not
limited to, barber shops, beauty parlours, tattoo
parlours, hairdressing shops, shoe repair, pet care
services, coin operated laundry facilities, linen and
uniform supply facilities, and depots for collecting
dry cleaning and laundry. This use excludes any
manufacturing or fabrication of goods for sale.
Place of Worship means a building dedicated to
religious worship and may include a sunday school,
parish hall, meeting hall, church hall or auditorium,
and day nursery operated by the place of worship.
Typical uses include, but are not limited to, a church,
synagogue, monasteries, mosque or temple.
Poultry means domesticated birds kept for eggs,
meat, breeding, or ornamental uses including but not
limited to chickens, ducks, geese, guineafowl, etc.
Private Dog Park means a park where members-only
may allow their dogs to run off-leash.
Private Road means any street or road which is
not owned and maintained by the Nova Scotia
Transportation and Infrastructure Renewal or the
Municipality of East Hants but the right-of-way of the
road was shown on an approved plan of subdivision.
Public Authority means any board, commission,
or committee established or exercising any power
or authority under any general or specific statute
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 the Municipality.
Public Street or Highway means any street or
highway owned and maintained by Nova Scotia
Transportation and Infrastructure Renewal or the
Municipality of East Hants but excluding designated
controlled access highways pursuant to the Public
Highways Act.
Recreation Facility, Golf means the use of land,
buildings or structures for the purpose of playing
golf, which may include accessory driving ranges,
offices, retail stores, restaurants, cafés, commercial
clubs, and assembly uses.
Recreation Facility, Indoors means a wholly
enclosed facility for sports and active recreation
where patrons are predominately participants
and any spectators are incidental and attend on a
non-recurring basis. Typical uses include, but are
not limited to, gymnasiums, indoor rock climbing
facilities, athletic clubs, indoor mini-golf, health and
fitness clubs, recreational courses or training, curling,
roller-skating rinks, hockey rinks, swimming pools,
indoor ranges, and racquet clubs.
Recreation Facility, Outdoors means an outdoor
facility available to the general public for sports and
active recreation. Typical uses, include but are not
limited to, sports fields, outdoor tennis courts, un-
enclosed ice surfaces or rinks, outdoor mini-golf,
athletic fields, boating facilities, outdoor swimming
pools, bowling greens, archery ranges, riding stables,
and fitness trails. This use does not include golf
recreation facilities.
Recreational Vehicle Storage Facility means a lot
or part of a lot used for the storage of recreational
vehicles, campers, trailers, off-highway vehicles,
watercraft and similar vehicles but shall not include
fleet vehicles or vehicles for sale or rental.
Renovations means the repair, strengthening, and
restoration of a building to a good and safe condition
but shall not include its replacement.
Repair & Maintenance means an establishment
primarily used for servicing, repairing or installing
articles and equipment such as computers, cell
phones, household tools, garden tools, carpenter
tools, locks and keys, radios, televisions, furniture,
footware, leather goods, garments, watches, jewelry
musical instruments, sport or recreational equipment
and small appliances. This use does not include
automobile service station, automobile vehicle
repairs & maintenance and home based automobile
vehicle repairs & maintenance.
Page 2-14
PART 2 - DEFINITIONS
Resource Extraction, Pit means an excavation mode
for the purpose of removing consolidated rock from
the environment without the use of explosives.
Resource Extraction, Quarry means an excavation
requiring the use of explosives, made for the purpose
of removing consolidated rock from the environment
Restaurant, Drive-Thru means a building, or part
thereof, where food and drink is prepared and
sold to the public where the intent is to provide,
either completely or in part, services or products to
customers while they remain in their motor vehicles.
Restaurant, Full & Limited Services means a building
or part thereof where food and drink is prepared
and sold to the public for consumption within the
building or attached outdoor café or patio. This use
may or may not serve alcoholic beverages as per the
provincial liquor licensing regulations.
Restaurant, Take-out means a building, or part
thereof where food and drink is prepared and sold
to the public for consumption and which does not
provide facilities for consumption on the premises.
Retailers & Rental Services means an establishment
primarily used for sale or lease of goods, wares,
merchandise, substances, articles, or things directly
to the public. This use does not include the use of
automobile service stations or automobile dealers &
rentals.
Right-of-Way Easement, as shown on an approved
plan of subdivision pursuant to the Subdivision Bylaw,
means an easement that extends to and abuts a
public street or highway, reserved for right-of-way
and access created:
-
Prior to August 6, 1984, having a minimum width
of 3 m, or
-
Subsequent to August 6, 1984, having a
minimum width of 6m.
Salvage Yard means a premise where used bodies
or parts of automobiles, or used bodies or parts of
other vehicles or machinery/industrial equipment are
placed or stored or kept.
Self-Storage Warehousing means an establishment
primarily engaged in renting or leasing space for
household self-storage. These establishments
provide secure space (rooms, compartments,
lockers, containers or outdoor space) where clients
can store and retrieve their goods.
Separation Distance means that portion of a lot that
is required to physically separate incompatible land
uses. A separation distance is a horizontal distance
and may include a required front, side and/or rear
yard, or distance between two structures.
Setback means the distance between the street line,
side lot line, or rear lot line and the nearest main wall
of any building or structure and extending the full
width or length of the lot.
-
A setback may also mean the minimum distance
between the nearest normal high water mark of
a watercourse and the main wall of a building
measured in a straight line, and said line may be
calculated over other land parcels where they
lie between the building and the watercourse,
except where the intervening parcel is a public or
private road.
-
A setback may also mean the required distance
between two buildings or structures on a lot
measured from the nearest point or main wall.
Shipping Container means a container originally
designed for use as a means of storage and/or
transportation of materials and goods via ship, rail, air
or truck.
Shopping Centre means a use of land containing
a multi-tenant building or group of buildings on a
single lot or lots designed, developed, and managed
as a unit containing an inter-related group of
commercial uses, owned and managed as a single
entity. Shopping centres are characterized by a
minimum area of 3,000 m2, common parking areas
and driveways, and anchor occupants that are
typically a grocery or department store representing
a nationally or provincially recognized franchise
identity. This use does not include the use of strip
mall.
Sign means any structure, vehicle or truck trailer,
device, light, or natural object including the ground
itself, or any part thereof, or any device attached
Page 2-15
LAND USE BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
thereto, or painted or represented therein, which
shall be used to identify, advertise, or attract
attention to any object, place, activity, person,
institution, organization, firm, group, commodity,
profession, enterprise, industry, or business, or
which shall display or include any letter, work,
model, banner, flag, pennant, insignia, device, or
representation used as an announcement, direction,
or advertisement, and which is intended to be seen
from off the premises or from a parking lot. This
definition shall not include signs which are affixed
to the inside of windows and glass doors except for
illuminated indoor signs which can be seen from
roadways or parking lots. No other indoor sign shall
be deemed to be a sign within this Bylaw.
Sign Area means the area of the smallest triangle,
rectangle, circle, or semi-circle that can wholly
enclose the surface area of the sign. All faces of
a sign having more than 2 faces shall be counted
separately and then totalled in calculated sign area.
Sign, Digital means a sign with more then 20% of
the sign area having internal LED(s) or a similar light
source capable of displaying words or symbols
that can be electronically changed by remote or
automatic means.
Sign, Awning means a sign that is painted or
otherwise permanently affixed to or awning whose
principal function is to provide shelter to and
identification of a building entrance or facade.
Sign, Facial Wall means a sign that is attached
directly to or painted upon a building wall, and does
not extend there from nor extend above the roofline.
Sign, Flush Mounted Banner means a cloth or
flexible, movable sign intended for mounting onto a
building wall that is permitted as a temporary sign,
with a development permit.
Sign, Ground means a sign supported by 1 or more
uprights, poles, or braces placed in or upon the
ground.
Sign, Internally Illuminated means a sign that
provides artificial light directly, or through any
transparent or translucent material from a source of
light connected with such sign, or a sign illuminated
by a light focused upon or chiefly directed at the
surface of the sign. This use shall include Digital
Signs.
Sign, Manually Changeable Copy means a sign using
attachable letters, numerals, symbols, illustrations or
similar devices used on a sign.
Sign, Number of means, that for the purpose
of determining number of signs, a sign shall be
considered to be a single display surface or display
device containing elements organized, related, and
composed to form a unit. Where matter is displayed
in a random manner without organized relationships
or elements, or where there is a reasonable doubt
about the relationship of elements, each element
shall be considered to be a single sign.
Sign, Portable means a sign designed to be
carried, pulled, pushed, or hauled and which is not
permanently fixed in a location and is permitted as a
temporary sign with a development permit.
Sign, Projecting Wall means a sign that projects
from and is supported by a wall of a building.
Sign, Sandwich Board means a sign composed of 2
joined, collapsible boards which rest unsupported on
the ground to stay upright.
Sign, Temporary means a temporary portable sign
or flush mounted banner located on a lot for a
specific number of days within any 12 month period
and which are permitted with the issuance of a
development permit.
Social Enterprise means a cause-driven non-profit
organization improving social objectives and serving
the common good.
Page 2-16
PART 2 - DEFINITIONS
Special Care (Residential Care Facility, Home for
Special Care or Group Home) means a community-
based group living arrangement, in a single unit,
for 6 or more individuals, exclusive of staff and/or
receiving family, with physical and/or intellectual
disabilities, that is developed for the well-being
of its residents through self-help, professional
care, guidance and supervision unavailable in
the residents' own family, an independent living
situation, or facility. Where a single unit is located
in a detached dwelling and consists of 5 or fewer
individuals, excluding staff whether residents or not,
the use is a single unit dwelling.
Special Care (Nursing Home) means a building
wherein nursing care and room and board are
provided to individuals incapacitated in some manner
for medical reasons. This use does not include a
hospital.
Special Event, Large-Scale means an event held
outside an enclosed permanent structure where
there is an assembly of 1000 persons or more at
any given point in time during the event. It is a
temporary, short-term use of land for the purpose of
fundraising, promotional activities, celebrations, or
for entertainment or amusement. This use does not
include parades and firework displays.
Special Event, Small-Scale means an event held
outside an enclosed permanent structure where
there is an assembly of less than 1000 persons
at any given point in time during the event. It is a
temporary, short-term use of land for the purpose of
fundraising, promotional activities, celebrations, or
for entertainment or amusement. This use does not
include parades and firework displays.
Sport Arenas & Spectator Facilities means a facility
where patrons are predominately spectators such as
rink, arena, automotive race track, horse race track,
or sports stadium.
Solar Farms means an installation on an area of land
in which a large number of solar panels are set up in
order to generate electricity.
Stepback means a specified horizontal recess from
the top of a streetwall, which shall be unobstructed
from the streetwall to the sky except as otherwise
specified.
Storey means that portion of a building between
any floor and the floor or ceiling or roof next above,
provided that any portion of building partly below
grade level shall not be deemed to be a storey
unless its ceiling is at least 1.8 m above grade. Any
portion of a storey exceeding 4.3 m in height shall
be deemed an additional storey for each 4.3 m or
fraction of such excess.
Storey, First means the floor of a building that is
closest to established grade in the front yard.
Street or Road means the whole and entire right-
of-way of every public highway or road allowance
vested in the Province of Nova Scotia or the
Municipality, or a private road.
Street Facing Facade means all the wall planes of a v
as seen from one side or view that are at an angle of
45 degrees or less from a street lot line which is not
a controlled access highway.
45° or less
Street
Facing
Facades
Street Line means the boundary line of a street right-
of-way.
Streetwall means the wall of a building or portion of
a wall facing a streetline that is below the height of
a specified step-back or angular plane, which does
not include minor recesses for elements such as
doorways or intrusions such as window bays.
Page 2-17
LAND USE BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
Strip Mall means a multi-tenant commercial building
where commercial units are divided vertically by
common walls, and with each commercial tenant
having a separate exterior entrance. Strip malls are
characterized by a maximum area of 3,000 m2 and
common parking areas and driveways. Strip malls do
not include the use of Shopping Centres.
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. A structure shall include buildings,
walls, wharves, seawalls, attached decks, signs, and
fences.
Swimming Pool means a tank or body of water
maintained and used for swimming purposes,
whether above or in ground and has any depth of
water greater than 61 cm. This definition excludes
an existing natural body of water, stream, or well and
irrigation, fire protection, fishing, or duck ponds.
Temporary Commercial Use means a commercial
use such as a flea market, farmers market, or craft
market which is to be located on a property for
a specific number of days within any 12 month
period, and which are permitted with the issuance
of a development permit and any permit may be
re-issued upon request, subject to review by the
development officer.
Terrace means an open area, often paved,
connected to a building and serving as an outdoor
living area.
Tradesperson & Craftsperson Businesses & Offices
means an establishment where specialized craft
skills are used to fabricate, install, maintain or repair
goods, equipment or real property. This use includes
but is not limited to artists, sculptors, glassblowers,
architectural millworkers, millwrights, cabinetmakers,
electricians, welders and carpenters. This use does
not include heavy industrial production.
Transparency means the degree of visibility through
a building facade through the use of windows or
similar features.
Transportation & Warehousing means either a:
-
Use of land primarily engaged in using a fleet
of vehicles for the delivery of goods or services.
Typical uses include, but are not limited to, taxi
services, bus services, and bus lines.
-
Wholly enclosed building where wares and
goods are stored but shall not include a retail
store.
Ungulate means hoofed animals, including
ruminants, swine, horses, or any other split or single
hoofed animals.
Urban Cottage Development means a development
of 4-24 dwelling units under 100 m2 of ground floor
area per unit each with units having a pitched roof,
and porch. Each cottage has a maximum of 1 to 1½
storey, are detached or semi-detached units, with
second stories, where provided built into the pitch of
the roof. Cottage units are arranged around one or
more central common outdoor areas accessible by
walking paths.
Utility means any public or private system, works,
plant, equipment or service which furnishes services
at approved rates to or for the use of the general
public.
Verandah means unenclosed open roofed porch
where the front and side of the structure remain
open to the outside elements.
Waste Management, Material Recovery Facility
means solid waste reduction, reuse, recovery, or
processing facility of materials such as paper, ferrous
and non-ferrous metals (excluding motor vehicles),
glass, certain forms of plastic, rubber, building
materials, oil, food wastes, yard wastes, clothing, and
Page 2-18
PART 2 - DEFINITIONS
white goods into useable products.
Waste Management, Medical Waste Disposal
Services means a wholly enclosed building receiving
biomedical waste, where said waste is temporarily
stored, sorted, bulked, thermally treated and
transferred off-site for further processing, recycling,
and disposal. The origin of the waste shall not
include waste generated by hospitals.
Waste Management, Recycling Depot means a
wholly enclosed building used for the collection,
sorting, and temporary storage of discarded
recyclable or reusable materials. Outdoor storage
and parking of commercial vehicles is prohibited
except when materials are being loaded for removal.
Water Intensive Commercial means the use of water
as part of a product, service or process and shall
include but not be limited to food processing plants,
car washes and garden centres.
Watercourse means any lake, river, stream, natural
pond, ocean, or other body of water located within
the Municipality.
Window Bays means a window that protrudes from
the rest of the building usually polygonal or square.
Wind Energy Development means a project in which
one or more wind turbine(s) will be installed.
Wind Energy, Blade Clearance means the distance
from grade to the bottom of the rotor's arc.
Wind Energy, Large Scale Wind Turbine (LWT)
means a wind turbine that provides power to the
local utility grid, with a power generation capacity of
100 kW plus.
Wind Energy, Mini Wind Turbine (MWT) means a
wind turbine that provides supplemental power to a
home or business, with a power generation capacity
of up to 1000 Watts.
Wind Energy, Rotor's Arc means the circumferential
path traveled by the wind turbine's blade.
Wind Energy, Small Scale Wind Turbine (SWT)
means a wind turbine that provides on-site power
to a home or business, with a power generation
capacity of 1.1 kW to 100 kW and a maximum height
of 52 m, may also be used for net metering.
Wind Energy, Wind Farm means a number of wind
turbines that are spaced over a large area and are
connected to the local utility grid.
Wind Energy, Wind Test Tower means a temporary
tower and mechanical device used to measure wind
dynamics for potential wind turbine locations.
Wind Energy, Wind Turbine Height means the
measurement of a wind turbine from grade to the
highest point of the rotor's arc.
Wind Energy, Wind Turbine means a mechanical
structure designed to convert wind into electrical
power.
Yard means an open, uncovered space on a
lot unoccupied by buildings or structures. In
determining yard measurements, the minimum
horizontal distance from the respective lot lines shall
be used.
Yard, Abutting means a yard that is contiguous with
or extends across one or more zone boundaries.
Yard, Flankage means a side yard which abuts a
Page 2-19
LAND USE BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
street on a corner lot.
Yard, Front means a yard that extends 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.
Yards for Irregular Shaped Lot shall be determined
as definitions found in this section of the Bylaw. The
minimum yards shall be maintained at the rear and
sides of a structure for the entire length and width of
the structure.
Yard, Minimum means the smallest yard permitted
by this Bylaw.
Yard, Rear means a yard that extends across the full
width of lot between the rear lot line and the nearest
main wall of any main building on the lot.
Yard, Required means the area between a front,
side, rear, or flanking lot line and a line parallel to the
respective lot line set back a distance equal to the
applicable yard setback.
Yard, Side means a yard extending between the front
yard and the rear yard and between a side lot line
and the nearest main wall of any main building on
the lot.
Zone means a designated area of land covering all or
part of a lot shown on the Schedules and Appendices
of this Bylaw.
Definition
Amendment Date
Description
Accessory Building and Mini-home
Dealer
Council Approval March 27, 2024
Housekeeping Amendments to correct
word usage and spelling
PART 3
General Provisions
Page 3-2
PART 3 - GENERAL PROVISIONS
3.1. Development Permits
a) A development shall not be permitted unless a development permit has been issued in accordance with all
applicable provisions under this Bylaw.
b) A development permit shall be in force for a period of 1 year from the date of issue, after which time the
development permit may be reissued upon the request of the applicant and subject to the review of the
Development Officer.
c) A development permit shall pertain to 1 lot only.
d) A development permit may allow for a single development, more than 1 development, or specific elements
of a particular development provided such is specified by the development permit.
e) Notwithstanding the above provisions, a development permit shall not be required for the following:
i)
Any accessory building or structure having less than 9 m2 of gross floor area;
ii)
Agricultural and forest uses in the RU and AR Zones not involving a permanent structure;
iii)
Signs identified under the Signage section of this Bylaw; and
iv)
Fences having a maximum height of 3.05 m.
f) Those uses not requiring a development permit shall otherwise be subject to all applicable provisions under
this Bylaw including, but not limited to, yard setbacks, building height, and any applicable construction or
design standards.
3.2. Application for Development Permits
a) The application for a development permit shall be signed by the owner of the lot, or, with the written
authorization of the owner, the agent of the owner of the lot; and
b) The application shall be accompanied by a sketch or plan drawn to the appropriate scale and showing the
following:
i)
The true shape and dimension of the lot to be used, and upon which it is proposed to construct or
locate any building or structure.
ii)
The proposed location, height and dimensions of any building, structure or work in respect of which
the permit is applied for, along with measurements of the lot frontage and front, side and rear yard
setbacks.
iii)
The location of every building or structure already constructed, or partly constructed, on such lot, and
the location of every building or structure existing upon abutting lots.
iv)
The proposed location and dimensions of parking areas, parking spaces, loading spaces, driveways,
curbs, landscaping and fencing.
v)
The location of natural features, such as watercourses, wetlands, slope by topography.
vi)
Such other information as may be necessary to determine whether or not the proposed development
conforms with the requirements of this Bylaw.
c) The application shall contain any other information the Development Officer deems necessary to
determine whether the proposed development conforms to the requirements of this Bylaw.
d) Where the Development Officer is unable to determine whether the proposed development conforms
to this Bylaw and other Bylaws and regulations in force which affect the proposed development, he / she
may require that the plans submitted of this subsection be based upon an actual survey by a licensed Nova
Scotia Land Surveyor.
3.3. Application Fees
Every application for a development permit, subdivision, variance, site plan approval, Municipal Planning
Strategy and/or Land Use Bylaw amendment(s), and development agreement shall be subject to the fees as
established by policy of Council.
PART 3: GENERAL PROVISIONS
Page 3-3
LAND USE BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
3.4. 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.
3.5. Licenses, Permits, and Compliance with Other Bylaws
Nothing in this Bylaw shall exempt any person from complying with the requirements of any Municipal Bylaw
or regulation or from obtaining any license, permit, authority, or approval required by any statute and/or
regulation of the Province of Nova Scotia or Government of Canada.
3.6. Water and Wastewater Systems
a) Where Municipally approved central wastewater services are available, any new development may
be required to connect to such services as required under the Bylaw Respecting the Regulation of
Connections and Discharges to Public Sewer Systems.
b) Where any lot is developed with an on-site sewage disposal system, the minimum on-site sewage
requirements of this Bylaw shall apply.
3.7. Lot Frontage
Unless otherwise permitted by this Bylaw, no development permit shall be issued unless the lot intended to be
used, or upon which a building is to be erected, abuts and fronts upon a public street, Municipally approved
private road, or a right-of-way easement.
3.8. Existing Undersized Lots
For the purpose of issuing a development permit, a lot having less than the minimum frontage or area
dimensions required under this Bylaw:
a) May not be further reduced as a result of any subdivision unless otherwise indicated in this Bylaw;
b) May be used for a purpose permitted in that particular zone provided all other applicable provisions of this
Bylaw are satisfied;
c) May be increased in area and still remain an existing undersized lot; and
d) Shall be subject to all other applicable provisions under this Bylaw.
3.9. Accessory Uses Permitted
Where this Bylaw provides that any land may be used or a building or structure may be erected or used for a
purpose, the purpose includes any accessory use.
3.10. Accessory Buildings and Structures
Unless otherwise specified under this Bylaw, accessory buildings and structures shall be permitted in all zones
and subject to the following:
a) Shall not be used for human habitation except where all applicable provisions and requirements for an
accessory dwelling under the East Hants Land Use Bylaw are met;
b) Shall be permitted within the front yard of a lot in R1, R2, RU, RU-2, CR, and LR and AR zones where there
is no Municipally approved central piped services available or where it is otherwise permitted in this Bylaw;
front yard setbacks will meet the same requirements as main buildings established in this Bylaw;
c) Shall not be built closer to the front lot line than the minimum distance required for the main building, or
closer than 1.2 m to any other lot line, with the following exceptions:
i)
Common, semi-detached garages may be centered on the mutual side lot line;
ii)
Boathouses, boat docks, and float plane hangers may be built to the rear lot line or rim of the
watercourse.
Page 3-4
PART 3 - GENERAL PROVISIONS
iii)
Where Municipally approved central piped services are available, an accessory building shall be setback
0.6 m, calculated from the eaves, from the side or rear lot line, if such a building is located entirely in
the rear yard of the lot on which an accessory building is located and the accessory building is not
being used as an accessory dwelling; and
iv)
In the R1 and R2 Zones where the side yard is 1.8 m for a dwelling and where a garage is attached to
the dwelling, the same minimum separation distance may be used for the accessory structure.
d) Shall be subject to the following height restrictions in a residential zone:
i)
Shall not exceed 5 m where the lot area is less than 1,400 m2;
ii)
Shall not exceed 7.6 m where the lot area is between 1,400 m2 and 10,250 m2; and
iii)
Shall not exceed 11 m where Municipally approved central piped services are not available to the lot
and where the lot area is in excess of 10,250 m2.
e) Notwithstanding Section 3.10 b), accessory structures within the R1 and R2 Zones, located in front yards
where municipally approved piped services are available, that were in existence on the effective date of this
bylaw, shall be permitted.
f) The ground area of accessory buildings in any R1, R2, R2-T, LR and CR Residential Zone shall not exceed
the following sizes as shown on the table below:
Lot size up to 1,400 m2
Lot size between
1,400 m2 and 5,575 m2
Lot size over 5,575 m2
For lots where municipally
approved piped services are
available
Not to exceed 10% of
the lot area
140 m2
185 m2
For lots where municipally
approved services are not
available
140 m2
140 m2
Not to exceed 2.5% of
the lot area
g) Notwithstanding all other applicable provisions under this Bylaw, drop awnings, clothes poles, flag poles,
garden trellises, and retaining walls shall be exempt from the requirements of this section;
h) Fences shall be considered an accessory structure and shall have a maximum height of 1 m when located
in the front yard and shall be a maximum height of 2 m in the back and side yards, this provision does not
apply to the BP, IC, RU, RU-2 and AR Zones. Minimum yard setback requirements are not applicable to
fences and fences shall be located totally within the lot;
i) Outdoor swimming pools shall be considered as an accessory structure and shall not be located within 2.4
m of any property line, and furthermore swimming pools shall not be located in the front yard;
j) Nothwithstanding the above, outdoor swimming pools shall be permitted within the front yard of a
lot in the R1, R2, RU, RU-2, CR, LR and AR zones where there is no Municipally approved central piped
services available or where it is otherwise permitted in this Bylaw; front yard setbacks will meet the same
requirements as main buildings established in this Bylaw;
k) Shipping containers shall be permitted as accessory buildings in accordance with the provisions of this
section and the following requirements:
i)
Shall be permitted within the General Commercial (GC) Zone, Highway Commercial (HC) Zone,
Regional Commercial (RC) Zone, Business Park (BP) Zone, Industrial Commercial (IC) Zone and where
there are no municipally approved central piped services available;
ii)
Shall not be located on a lot with less than 3,720 m2 minimum lot area, with the exception of the
Separated Commercial Zones;
iii)
Shall not be used as a boathouse;
iv)
Shall not be located closer to the front lot line than the minimum distance required for the main
building, or closer than 5 m to any other lot line if not stacked and 10 m to any other lot line if stacked;
Page 3-5
LAND USE BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
v)
Shall not be located in the front yard;
vi)
Shall not be located on a chassis;
vii) Shall meet the following safety requirements:
a)
No materials deemed hazardous shall be stored in a shipping container; and
b)
No materials deemed combustible shall be stored in a shipping container.
viii) Notwithstanding the above, a shipping container shall be permitted for temporary storage on
construction sites.
3.11. Accessory Use in Front Yard of Lots with Water Frontage and
Residential Lots with Excessive Gradients for R1, R2, LR, CR, RU and
RU-2 Zones
Where it is not practicable as a result of lot configuration, location of a wetland on the lot, or the position of
the septic disposal system, to construct an accessory structure in the rear or side yards of waterfront lots or
lots with excessive gradients (+/- 10% grade), then said accessory structure may be permitted in the front yard
of the residential lot and shall be subject to the following requirements:
a) This section is not applicable to lots located in Growth Management Areas.
b) A minimum front yard setback of 5 m shall be required for said structure;
c) The structure shall be built with a roof style and roof pitch which is consistent with the main structure.
d) The height of the accessory structure shall not exceed the height of the main building;
e) Unless otherwise stated by this Bylaw, the structure shall not cover more than 50% of the front yard,
exclusive of driveways; and
f) All other applicable provisions under this Bylaw shall be met.
3.12. Wind Energy Development
a) Unless otherwise specified in this Bylaw, manufacturer's specifications shall accompany all development
and building applications for a Micro Wind Turbine (MWT), Small Scale Wind Turbine (SWT), and Large Scale
Wind Turbine (LWT).
b) Nothing in this Bylaw shall exempt wind energy developers from obtaining all necessary approvals from
agencies, such as, but not limited to, Nova Scotia Environment, Nova Scotia Department of Energy, Nova
Scotia Department of Natural Resources, Transport Canada, NAV Canada, and Nova Scotia Power.
3.12.1. Micro Wind Turbines
Unless otherwise specified in this Bylaw, a MWT shall be permitted in all zones and subject to the following:
a) Shall have a maximum power output of 1000 W; and
b) Shall be setback 1.25 times the height of the turbine, measured from grade to the highest point of the
rotors arc, from adjoining residential property lines.
c) Shall be setback 1 times the height of the turbine, measured from grade to the highest point of the rotors
arc, from adjoining commercial property lines.
3.12.2. Small Scale Wind Turbines
Unless otherwise specified in this Bylaw, SWT shall be permitted in all zones except residential CR, LR, R1, R2,
R2-T, R3, and MH zones and subject to the following:
a) Shall have a maximum power output of 100 KW;
Page 3-6
PART 3 - GENERAL PROVISIONS
b) There shall be no more than 1 SWT located on a property;
c) The height of the SWT shall not exceed 52 m;
d) Shall be setback 1.5 times the height of the turbine, measured from grade to the highest point of the rotors
arc, from adjoining residential property lines;
e) Shall be setback 1 time the height of the turbine, measured from grade to the highest point of the rotors
arc, from adjoining commercial property lines;
i)
In the BP Zone the minimum setback for a SWT shall be the same as the setback for the main building
on the lot, except where the property abuts a residential use then the setback is 1.5 times the height of
the turbine; and
f) To limit climbing access, a fence 1.8 m high with a locking portal shall be placed around the facility's tower
base, or the tower climbing apparatus shall be limited to no lower than 3.7 m from the ground, or the tower
shall not be climbable.
g) The only signage that shall appear on the wind turbine is the owner's or manufacturer's identification,
which shall not exceed 5% of the total surface area of the wind turbine;
3.12.3. Large Scale Wind Turbines
Unless otherwise specified in this Bylaw, LWTs shall be permitted in all zones except residential CR, LR, R1, R2,
R2-T, R3, and MH zones and are subject to the following:
a) No development permit shall be issued for a LWT unless a site plan has been approved, pursuant to the
requirements presented in the Appendix of the Land Use Bylaw, and provided the applicant agrees in writing
to carry out the terms of the site plan.
i)
A site plan shall be prepared by a qualified professional of sufficient detail to address all of the matters
identified in the Appendix of the Land Use Bylaw; and
ii)
A site plan submitted in accordance with the Appendix will be circulated to all property owners within
1000 m of the property.
b) Large scale wind turbines shall comply with the following setbacks:
i)
A large scale wind turbine shall be located not less than 4 times the height of the turbine, measured
from grade to the highest point of the rotors arc, from adjoining property lines; and
ii)
In the case of wind farms, where the impact study demonstrates that a lesser or greater setback is
appropriate, setbacks may be amended from the minimum setback depending upon the number
of wind turbines in a group or the proximity to an existing wind farm; in addition if the owner of a
neighbouring property agrees to a reduced setback in writing then the LWT(s) shall be setback at
minimum 1.5 times the height of the turbine.
iii)
LWTs may be setback at minimum 1.5 times the height of the turbine from publicly owned lands if the
publicly owned lands are determined to be culturally insignificant.
c) The minimum blade clearance from grade shall be 8 m;
d) Noise levels at adjoining property lines shall not exceed 40 dBs or above existing background noise;
e) The only signage that shall appear on the wind turbine is the owner's or manufacturer's identification,
which shall not exceed 5% of the total surface area of the wind turbine;
f) If a wind turbine/farm discontinues power production for a minimum of 1 year the operator shall provide
the Municipality with a status report identifying future plans for the site.
3.13. Solar Panels
Solar panels shall be permitted in all zones and they shall not be considered as part of the height calculation
for the building in which they are attached.
Page 3-7
LAND USE BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
3.14. Accessory Dwelling Units
Garage Suite
Garden Suite*
Secondary Suite
The diagrams above are for illustration purposes only.
Note that secondary suites are any
attached part of the main dwelling.
a) Accessory dwelling units are only permitted as accessory uses to a Single Detached Dwelling or Bed and
Breakfast Accommodations.
b) Accessory dwelling units are not subject to the height requirements of accessory buildings.
c) Garage Suites shall be permitted within the front yard of a lot where there is no Municipally approved
central piped services available.
d) Where permitted in this Bylaw, accessory dwelling units must comply with the requirements shown in the
table below:
Secondary Suite
Garage Suite
Garden Suite*
Total minimum Lot area
Shall comply with
minimum lot area
requirements**
600 m2
or shall comply with
minimum lot area re
quirements, whichever is
greater
920 m2
or shall comply with
minimum lot area re
quirements, whichever is
greater
Yard Setbacks
As per zone requirements, garden suites must not be built closer to the front lot
line than the main dwelling.
Maximum accessory
dwelling unit gross floor
area
80% of the gross floor
area of the main dwelling
up to 80 m2***
80% of the gross floor
area of the main dwelling
up to 80 m2
80% of the gross floor
area of the main dwelling
up to 80 m2
Maximum Building
Height
11 m
If the main dwelling is 1
story with or with-out a
basement then a max
imum 1.5 stories with a
maximum 1.22 m attic
knee wall otherwise a
maximum height of 9 m
4.5 m
Minimum Setback from
other Buildings
2m from non-habitable structures
3m from habitable structures
Design Requirements
Page 3-8
PART 3 - GENERAL PROVISIONS
Accessory dwelling unit
exterior
Must match the main dwelling in building material type, cladding colour, roof
type, and roof pitch. Shipping containers designed as garden suites are exempt
from the requirement to match the main dwelling.
Accessory dwelling unit
entrance, main windows
and entry
Must be designed to
integrate into the main
dwelling.
Must be oriented towards the main dwelling, flankage
yard or front yard.
*Garden suites may be designed using shipping containers.
**Secondary suites may be permitted on existing undersized lots in the CR, RU and RU-2 Zones.
*** For secondary suites 80 m2 shall be measured from the internal face of the exterior walls to be consistent with the National
Building Code Regulations
3.15. Temporary Construction Uses Permitted
Unless otherwise specified under this Bylaw, temporary construction uses shall be permitted in all zones and
subject to the following:
a) A temporary use of land or the use or erection of a temporary building or structure which is accessory to
construction in progress including, but not limited to, a work camp or construction camp, sales or rental
office, tool or maintenance shed, or scaffold shall be a permitted use provided:
i)
A development permit has been issued;
ii)
Temporary structures shall be considered permitted accessory uses until construction has been
completed or discontinued for a period of 90 days;
iii)
Existing mini-home dwellings already on the lot may be considered a permitted temporary accessory
structure only while a new dwelling is being constructed or for 1 year, whichever is less; and
iv)
All other applicable provisions under this Bylaw are met.
b) A rock crusher, rock breaker, or other equipment generally related to rock and hard material crushing shall
be a permitted temporary use provided:
i)
A development permit has been issued for the rock crusher;
ii)
The rock crusher processes only material from the site of the development;
iii)
A development permit issued for a temporary rock crusher shall not be valid for a period exceeding 30
days. A development permit issued under this clause may be renewed for a period not to exceed 30
days at a time, if the Development Officer determines that an extension of the period is warranted and
necessary to complete construction;
iv)
No rock crusher shall be located or used within 50 m of any property boundary, 350 m of any building
used for residential purposes, or the applicable zone setbacks, whichever is greater;
v)
Material processed by a temporary rock crusher must be adequately watered for processing to
minimize dust emissions;
vi)
Material processed by a temporary rock crusher must be fully screened from adjacent properties
and dust managed on site through temporary fencing, application of water, non-toxic dust control
chemicals, or other appropriate measures; and
vii) All other applicable provisions under this Bylaw and the East Hants Noise Bylaw are met.
3.16. Vehicle Bodies
No truck, bus, coach, railroad car or street car body, or a structure of any kind, other than a dwelling unit
erected and used in accordance with this and all other Municipal Bylaws, shall be used for human habitation,
whether or not same is mounted on wheels.
3.17. Non-Conforming Uses and Structures
Page 3-9
LAND USE BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
Unless otherwise permitted in this Land Use Bylaw, all non-conforming uses and structures, as provided for in
the Municipal Government Act, shall be subject to the following requirements:
a) A non-conforming structure may be repaired or replaced subject to site plan approval if destroyed by fire or
otherwise, including but not limited to, natural disasters or deterioration from age;
b) A non-conforming use may not be recommenced if discontinued for a continuous period of 2 years;
c) A non-conforming use may not be changed to any other use except for a use which is permitted in the
zone;
d) Where there is a non-conforming use in a structure, the non-conforming use may be extended throughout
the existing structure; and
e) A non-conforming structure, or structure containing a non-conforming use, may be extended, enlarged, or
altered up to 25% of its original gross floor area provided all other applicable provisions under this Bylaw are
met, including size limits as prescribed under the applicable zone.
3.18. Height Regulations
The height regulations under this Bylaw shall not apply to church spires, water tanks, lightning rods, elevator
enclosures, silos, flagpoles, television or radio antennae, satellite dishes, ventilators, skylights, barns used for
agricultural purposes in an RU, RU-2 or AR Zone, chimneys, clock towers, wind test towers, wind turbines, or
solar panels.
3.19. Conformity with Existing Setbacks
Notwithstanding all other provisions under this Bylaw, structures built between existing buildings within 60 m
on the same block may be built with a setback equal to the average setback of the adjacent buildings provided
this setback is no less than 5 m from the front lot line and no greater than the setback requirements under this
Bylaw for that particular zone and provided that all other applicable provisions under this Bylaw are satisfied.
3.20. Building to be Moved
No persons shall remove any building within or into the area covered by this Bylaw without first obtaining a
development permit with the exception of those structures and uses already indicated in this Bylaw.
3.21. Permitted Encroachments in Yards
a) Any yard requirement under this Bylaw, except for accessory buildings or unless otherwise permitted under
this Bylaw, shall be open and unobstructed by a structure from the ground to the sky with the exception of
the following:
Structure
Permitted Yard
Maximum Permitted Projection
from Wall
Decorative Features (Sills, Belt
Courses, Cornices, Eaves, Gutters,
Chimneys, Pilasters, or Canopies)
Any Yard
0.6 m
Window Bays
Any Yard
0.9 m
Fire Escapes and Exterior
Staircases
Rear and Side Yards
1.2 m and a maximum width of 3.1 m
Balconies and Attached Decks
Front, Rear and Flankage Yards
for Single Family, Semi-detached,
Duplex, and Small Multiplex
1.2 m
Verandah (not exceeding 1 storey
in height)
Front and Rear Yards
2.4 m including eaves and cornices
Uncovered terraces
Flankage Yards
1.2 m
Page 3-10
PART 3 - GENERAL PROVISIONS
Carports
Rear Yard and Side Yard
1.2 m
b) These provisions shall not restrict the locating of ornamental planting or landscaping in any yard unless
otherwise indicated in this Bylaw.
c) These provisions shall not apply in cases where the front yard setback would be reduced to less than 5 m.
3.22. Building to be Erected on a Lot
No person shall erect any building that straddles lot lines, unless otherwise permitted under this Bylaw.
3.23. Natural Hazards and Yard Requirement
Where, in this Bylaw any yard is required, and part of the area of the lot is usually covered by water or marsh,
or is between the top and toe of a cliff or embankment having a slope of 15% or more from the horizontal,
then the required yard shall be measured from the nearest main wall of the main building, or structure on the
lot, to the edge of said area covered by, or to the top of said cliff or embankment if said area is closer than
the lot line.
3.24. Setback from Watercourses
a) The following setback distances shall be required for any structure to be located near a watercourse, and
such setbacks shall be in accordance with the following standards:
Watercourse Type
Setback
0.5 m or greater in widthA
20 m
0.5 m or less in width
6 m
Intermittent or seasonal
6 m
A Watercourse Greenbelt (WG) Zone applies to all major watercourses in this Bylaw
b) Where the setback from the watercourse, noted in the table above, cannot be met for existing structures
and/or for existing undersized lots due to topography or the placement of an on-site disposal system, the
setback may be reduced to no less than 15 m where all other requirements under the Land Use Bylaw are
met.
c) Setback from Lakeshore - a 30 m setback shall be required from the high water mark of all lakes and the
nearest wall of any permanent structure. Where the 30 m setback cannot be met for existing structures
and for existing undersized lots due to topography or the placement of an on-site disposal system, the
setback may be reduced to no less than 15 m where all other requirements under the Land Use Bylaw are
met.
d) No significant alteration of topography, being the cutting or filling of more than 10% of the land area
within the setback or 93 m2 of area within the setback, whichever is less, shall be permitted with the
exception of:
i)
Instances where an environmental study, as outlined in Appendix D of the Land Use Bylaw, has
been conducted determining that there will be no deleterious environmental impacts or impacts
on adjacent properties as a result of an impairment of stormwater drainage or storage. Under no
circumstances shall a significant alteration of lands in excess of 50% within the setback area, be
permitted.
e) To permit the control and management of subsurface and surface runoff, sedimentation and erosion
lands within the watercourse setback shall be maintained with existing vegetation. Where it is not
practicable to maintain existing vegetation, a landscaped buffer shall be substituted. An environmental
study completed by a qualified professional must demonstrate the ability of the buffer to provide for
Page 3-11
LAND USE BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
sedimentation and erosion control and management of subsurface and surface runoff.
f) Notwithstanding provision d), the regulations for setbacks from watercourses above do not apply to fire
fighting impoundments and related structures to water systems, or where otherwise permitted under the
Land Use Bylaw.
g) Notwithstanding provision d), boardwalks, walkways and trails not exceeding 1.8 metres in width are
permitted to access the watercourse.
h) This section shall not apply to structures related to fire and emergency services training.
3.25. Daylighting Triangles
Notwithstanding landscaping requirements and provisions for directional signs on a corner lot, no fence, sign,
tree, or other vegetation shall be constructed or permitted to grow to a height greater than 0.6 m above the
grade of the abutting streets within the daylighting triangle as outlined in the definition section of this Bylaw.
3.26. Multiple Uses
Where any land or building is used for more than one purpose, all provisions of this Bylaw with respect to each
use shall be satisfied. Where there are conflicting requirements the more stringent standard shall apply.
3.27. Illumination
No person shall erect any illuminated object or otherwise, in an area outside any building unless such
illumination is directed away from adjoining properties and any adjacent streets, and is low voltage.
3.28. Side Yards on Corner Lots
Notwithstanding all other applicable provisions under this Bylaw, no part of a building on a corner lot shall be
erected closer than 5 m to the lot line of the flanking street.
3.29. Change in Use of Buildings on Undersized Lots
Notwithstanding all other provisions under this Bylaw, the use of a building on an existing undersized lot may
be changed to another use permitted in that zone where the lot width and/or area required is less than the
zone requirements, and provided all other applicable requirements under this Bylaw are met.
3.30. Variances
The Development Officer may grant a variance to the requirements under the Land Use Bylaw, as provided for
in the Municipal Government Act, and shall be limited to the following:
a) Up to a 25% variance for the size of front and rear yards, a variance shall not permit a setback to be reduced
less then 5 m from the front lot line;
b) Up to a 15% variance for number of parking spaces and loading spaces;
c) Up to a 30% variance for the percentage of floor area to be occupied by a home-based business;
d) Up to a 10% variance for the ground area and height of a structure; and
e) The height of a fence may be varied in commercial zones and institutional zones if the height of the fence
is an essential requirement to the operation of the use of the land.
3.31. Parking Requirements
3.31.1. Parking Supply Requirements
a) The parking requirements as indicated for each zone are exclusive of parking for proprietors or commercial
employees unless otherwise indicated.
b) For any building to be erected or enlarged, off-street parking shall be provided in conformity with the
following requirements:
Page 3-12
PART 3 - GENERAL PROVISIONS
LAND USE
PARKING REQUIREMENT
Residential
A building containing not more than 6 dwelling units
1 parking space for each dwelling unit or rental
room
Urban cottage development
1.25 parking spaces for each dwelling unit
A building containing more than 6 dwelling units
1.5 parking spaces for each dwelling unit & 1
dedicated visitor parking space for each 7 dwelling
units.
Institutional or Community Use
Hospitals and Homes for Special Care
1 parking space for every 3 beds
Churches, halls, and other places of assembly
Where there are fixed seats, 1 parking space for
every 5 seats or 3 m of bench space. Where there
are no fixed seats, 1 space for each 10 m2 of gross
floor area
Auditorium, arena, stadium, or other indoor recre
ation facility
Where there are fixed seats, 1 space for every 5 seats
or 3 m of bench space; where there are no fixed
seats, 1 space for every 19 m2
Elementary or nursery schools
1.5 for each teaching classroom
All other schools
4 parking spaces for each teaching classroom
Business
Funeral Homes
1 parking space for every 5 seats capacity of the
chapel with a minimum of 10 parking spaces
Taverns, restaurants, lounges, pubs, night clubs
1 parking space for every 4 seats or 1 parking space
for every 14 m2 commercial floor area
Retail Stores - stand alone
1 parking space for every 18 m2 commercial floor
area
Office Space
1 parking space for every 27 m2 gross floor area
Medical and Dental Offices
2 parking spaces per consulting room/practitioner
Hotels, motels, and tourist cabins
1 parking space per rental room, plus 1 space per 27
m2 of additional gross floor area
Shopping Centre
4.5 parking spaces for every 93 m2 commercial floor
area
All other commercial uses
3.3 parking spaces for each 93 m2 of commercial
floor area
Industrial uses and warehousing
1 parking space per employee on the largest shift
* The number of parking spaces required may be reduced by the Development Officer based on the program of the building and
recommendations from the Architect or Building Engineer.
3.31.2. Parking Area Standards
Where parking facilities for more than 3 vehicles are required the following standards shall apply:
a) The parking area shall be maintained with a stable surface that is treated to prevent the raising of dust or
loose particles;
b) The parking area shall be properly illuminated for safe and effective circulation of both automobile and
pedestrian traffic at night and such illumination shall be directed away from adjoining properties and
Page 3-13
LAND USE BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
adjacent streets;
c) The parking area shall be situated on the same lot for which it is intended to serve except where prevented
by lot configuration, lot area, or other development constraints, in which case an adjacent common-user
parking area within 15 m from the main structure of the development shall be available to accommodate
the parking generated by the development;
d) No gasoline pumps, service station equipment, display items, or accessories of any kind which would inhibit
the full and efficient use of the parking area shall be located or maintained on the parking lot;
e) Approaches or driveways to the parking area shall be defined by a curb of concrete, rolled asphalt, or any
other suitable material;
f) The limits of the parking area shall be defined by a fence, curb, or other suitable obstruction designed to
provide a neat appearance;
g) The approaches or driveways to a parking area shall not be closer than 15 m from the limits of the right-of-
way at a street intersection;
h) Unless otherwise specified in this Bylaw, parking areas shall have no more than two access ramps and
each ramp shall not exceed 7.3 m at the street line and edge of pavement. Alternatively, the two 7.3 m
ramp allowances may be positioned side by side representing the two ramp allowance only where ramp
separation is impracticable;
i) 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 3 m if for one-way traffic, and a minimum width of 6 m if for two-way traffic, and
the maximum width of a driveway shall be 7.3 m;
j) Where a business use primarily caters to or is engaged in regular tractor-trailer traffic, a maximum of two
driveways, each having a maximum width of 15 m, may provide access to a loading and/or parking area;
no more than two driveways may serve any commercial zoned lot having less than 30 m of frontage on
one street, unless that lot is a corner lot; no more than three driveways may serve a commercially zoned
lot which has less than 180 m in frontage on one street may be permitted an additional driveway for each
additional 150 m of lot frontage on the street. Notwithstanding the above the Municipality, where there are
limiting or special circumstances, may approve an additional driveway subject to special conditions, where
in the opinion of the Municipality the driveway will not affect safe movement of traffic;
k) Where the parking area is surfaced with a permanent paving material, each parking space shall be clearly
marked with a permanent line painting and maintained as such;
l) Individual parking stalls shall be a minimum dimension of 2.8 m by 5.6 m exclusive of driveways or aisles.
Accessible parking stalls shall be a minimum of 4 m by 5.6 m;
m) Parking lot layouts shall make provisions for the stockpiling of snow to prevent the reduction in the number
of parking spaces at any given time except where snow is disposed of off-site;
n) All parking areas shall be arranged to reasonably avoid interference with through traffic and to permit
vehicles to leave the property in a forward motion at all times;
o) No parking space shall be immediately adjacent to doors or passageways from buildings to ensure for the
full and efficient use of same; and
p) All commercial parking lots and residential parking lots abutting public right-of-ways shall be buffered
along the public right-of-way corresponding to the extent of the parking lot with a landscaped strip,
planted in a 1 m wide strip exclusive of driveway accesses.
q) All commercial and residential parking lots abutting a building shall be buffered along the building
corresponding to the extent of the building with a landscaped strip, planted in a 1 m wide strip exclusive of
driveway accesses.
r) Accessible parking shall be required as per the National Building Code of Canada. Notwithstanding, cluster
townhouse developments with more than 6 dwelling units shall have 1 accessible parking space per 15
dwelling units.
Page 3-14
PART 3 - GENERAL PROVISIONS
3.32. Bicycle Parking Requirement
a) For every structure or addition to be erected within the regional serviceable boundary, on-site bicycle
parking shall be provided in accordance with the following:
Land Use
Minimum Bicycle Parking Requirement
Multiplex Dwelling without private garages,
Townhouse without private garages
-
Up to 12 units: 2 spaces
-
13-24 units: 6 spaces
-
Above 24 units: 8 spaces
Any commercial or institutional use up to 3,000
m2 of gross floor area
2 spaces
Any commercial or institutional use greater than
3,000 m2 of gross floor area
6 spaces
b) Bicycle parking requirements shall not apply to the Business Park (BP) Zone.
c) A minimum of 1.8 m in length must be provided for each bicycle parking space, plus adequate maneuvering
space so that each bicycle can get in and out.
d) Racks that park one bicycle, roughly centered on each side of the rack, must comply with the following
regulations:
i)
A minimum clearance of 0.6 m from walls, parking spaces, and other obstructions.
ii)
A minimum spacing of 0.9 m from between racks on the same aisles.
iii)
A minimum spacing of 1.2 m between racks on different aisles.
3.33. Small Scale Special Events
a) Small-scale special events shall be permitted in all zones and do not require a development permit.
b) Nothing in this Bylaw shall exempt an applicant of a small-scale temporary outdoor special event from
complying with the requirements of any Municipal Bylaw or regulation or from obtaining any license,
permit, authority, or approval required by any statute and/or regulation of the Province of Nova Scotia or
Government of Canada.
3.34. Large Scale Special Events
a) Large-scale special events shall be permitted in all zones except in the LR, CR, R1, R2, R3, MH, HF, WS, and
WG Zones.
b) Nothing in this Bylaw shall exempt the applicant of a large-scale special event from complying with
the requirements of an Municipal Bylaw or regulation or from obtaining any license, permit, authority,
or approval required by any statute and/or regulation of the Province of Nova Scotia or Government of
Canada.
c) The applicant shall submit a site plan indicating the setbacks of any proposed tent(s) or any other temporary
structures, the size of the subject property, location of parking, and the neighbouring property uses.
d) The proposed hours of operation shall be provided to the Development Officer.
e) A security plan shall be submitted to the Development Officer and the RCMP, the acceptance of the
security plan shall be based on the review of the RCMP, if the RCMP deems it applicable. Included with the
security plans shall be the company name, number of security guards, name of volunteers, etc.
f) The applicant shall indemnify and save the Municipality harmless from any and all claims, demands or
causes of action, together with all costs, charges, damages and expenses that may arise against the
Municipality as a result of the event taking place.
g) The applicant shall provide insurance coverage with specific reference to the event. The insurance must
include, for each incident, personal liability and property damage coverage at least in the amount of 2
million dollars and general liability coverage of 2 million dollars. The Municipality must be added as a
Page 3-15
LAND USE BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
co-insured. The applicant shall provide to the Municipality, from time to time as requested, a copy of the
Certificate of Insurance satisfactory to the Municipality.
h) Once set up of the temporary event is complete, it must be checked by the Municipal Fire Inspector prior to
the event taking place.
i) A Development Permit will be provided to the applicant once all requirements of this section are met.
3.35. Temporary Commercial Uses
a) Unless otherwise permitted by this Bylaw, Temporary Commercial Uses shall be permitted in all zones
except LR, CR, R1, R2, R2-T, R3, MH, AR, HF, WS, and WG.
b) Any development permit issued for a Temporary Commercial Use, under this section, shall be in force for a
maximum period of 1 year from the date of issue.
3.36. Residential Land Uses Adjacent to Pits and Quarries
No development permit shall be issued for a dwelling on a lot abutting a pit and quarry activity, unless the
dwelling is located beyond 150 m from the nearest pit or quarry property line, except where the residential use
is directly related to the pit and quarry property. Separation distance for existing approved lots shall be 30 m
where it is not practicable to meet the 150 m separation.
3.37. Yard Abutting Railways
Where a property abuts a right-of-way for an existing railway line, setback requirements are as follows for any
yard which directly abuts the railway right-of-way:
a) 15 m for multiple unit residential uses.
b) 0 m for railway-related commercial uses.
c) 6 m for any other uses.
3.38. The Keeping of Ungulates (Hooved Animals) for Personal Use
The occupants of a dwelling in a Country Residential (CR) Zone, Lakeshore Residential (LR) Zone, Established
Residential Neighbourhood Zone (R1) Zone, Two Dwelling Unit Residential (R2) Zone, and shall be permitted to
keep ungulates for use as pets or other non-commercial purposes, provided the following conditions are met:
a) An enclosed structure is constructed for the sheltering of the animal(s), and the structure is an accessory
use on a residential lot to a dwelling unit;
b) The enclosed structure shall not be located in the front yard and shall have a minimum setback distance of
6 m from the rear and side yard lot lines;
c) The enclosed structure shall not cover more than 50% of the required rear yard;
d) A minimum lot size requirement of 4,000 m2 shall be required for the first single animal and an additional
2,000 m2 for each additional animal; and
e) An existing accessory building that does not conform to the setback and coverage requirements prescribed
in clauses above may be used for the sheltering of the animal(s) provided the structure is not situated within
3 m of any property line.
3.39. Keeping of Poultry
The occupants of a single unit dwelling or a two unit dwelling shall be permitted to keep poultry for their per
sonal use, provided the following conditions are met.
a) Poultry shall be contained on the property by fence, or other method, and shall not be permitted to roam
onto neighbouring properties or onto roads.
Page 3-16
PART 3 - GENERAL PROVISIONS
Regulation
Amendment Date
Description
3.10.d.iii
Approved by Council March 27,
2024
Housekeeping Amendment to correct lan
guage.
PART 4
Signage
Page 4-2
PART 4 - SIGNAGE
4.1. General
a) The sign regulations under this Land Use Bylaw shall apply to all new and existing signs. They may be
referred to as the 'sign regulations'.
b) No person shall erect, alter, relocate, or replace any sign except in conformity with these sign regulations,
and only after first obtaining a development permit or sign permit from the Development Officer unless
otherwise permitted in this Bylaw.
c) Signs shall be located on the same lot as the premise to which the sign relates or on an adjoining lot over
which the land use from the main lot, including accessory uses, extends unless otherwise permitted.
d) Where these signage regulations are inconsistent with applicable provincial sign regulations, the more
stringent regulation shall apply.
e) Sign height is to be measured from established grade to the highest part of the sign or supporting structure.
f) No person shall permit a sign to remain on lands they own or occupy that is deteriorated, damaged, or
dislodged. All signs and all parts thereof shall be maintained and kept in a good state of repair.
g) No person shall permit a sign to remain on lands they own which advertises a company that is no longer in
business or a product that is no longer being sold.
h) Unless otherwise permitted by this Bylaw, no sign shall extend beyond a property line or project over a
public right-of-way, other adjoining lands, or daylighting triangles.
i) No sign shall be permitted where such sign will reduce the number of available parking spaces required
pursuant to this Bylaw unless otherwise noted.
4.2. Safety and Maintenance
a) Every sign and all parts thereof, including framework, supports, background, anchors, lettering, and wiring
systems shall not obstruct or prevent the effective use of a fire escape door, window, or other required exit.
b) Every sign and all parts thereof, including framework, supports, background, anchors, lettering, and wiring
systems, shall be constructed and maintained in compliance with the Building Bylaw of the Municipality, the
regulations of the Province of Nova Scotia, and/or any other applicable legislation.
c) The Development Officer may require, in matters of structural stability, that all drawings and specifications
or any part thereof be prepared by a Professional Engineer registered in the Province of Nova Scotia and
that the construction be carried under the supervision the said Professional Engineer.
d) The Development Officer may refuse to issue a Sign permit until the applicant provides a letter signed by a
Professional Engineer undertaking to supervise the work authorized by such permit or any part thereof.
4.3. Calculating the Size & Setback Requirements of Signs
a) When calculating wall area to determine the allowable size of a facial wall sign, the calculation shall include
the entire face of a building including any windows, doors, loading bays or similar feature.
b) Unless otherwise permitted by this Bylaw, no part of any sign structure or support may be within a setback
requirement specified in this part.
4.4. Calculating the Number of Signs
a) A double-faced sign shall count as a single sign.
b) Indoor signs and window signs shall not be counted when calculating the number of signs permitted.
c) Generic terms which are applied as facial wall signs on automobile service stations and indicate the services
provided are not to be included in the calculation of the number of signs per business premises. Terms
PART 4: SIGNAGE
Page 4-3
LAND USE BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
may include, but are not limited to: "Gas", "Food", "Brakes", "Wheel Alignment", "Mufflers", and "Car Wash".
d) Signs identified in Subsection 4.8 "Signs Permitted in All Zones not Requiring a Development Permit " shall
not be included when calculating the total number of signs permitted.
e) Community notice boards erected by, or authorized by the Municipality shall not be included when
calculating the total number of signs permitted.
4.5. Number of Signs Permitted
Home-based
Business Uses
Single tenancy
buildings
Multiple tenancy
buildings
Community Use
Zones
Maximum number
of permanent signs
permitted
1
3, except 2 for site
plan approval uses
in R2 & R2-T zones
3, except 2 for site
plan approval uses
in R2 & R2-T zones
3
Projecting wall sign
or ground sign
1
1 per street facing
facade of the
building.
1 per street facing
facade of the
building.
1 per street facing
yard.
Awning sign
n/a
1 per street facing
facade of the
building.
1 per business
premise per street
facing facade of the
business premise.
1 per street facing
yard.
Facial wall sign
1
1 per street facing
facade of the
building.
1 per business
premise per street
facing facade of the
business premise.
1 per street facing
yard.
Temporary signs
n/a
1
1
2
4.6. Signage on Recreational Lands
a) Signage on Municipally-owned recreational lands shall be exempt from the provisions of this Bylaw. No
development permit is required. All approvals for sponsorship signage on Municipally-owned recreational
lands shall be subject to the approval of the Director of Parks, Recreation & Culture.
b) Sponsorship signs erected in community-owned outdoor sports facilities are exempt from compliance with
these regulations provided any such sign is not intended to be viewed from outside of the facility.
4.7. Illumination of Signs (including Digital Signs)
a) No sign can be illuminated between 12:00 a.m. and 6:30 a.m. unless the business associated with the sign
operates during this period.
b) Where signs are externally or internally illuminated, they shall be illuminated in such a manner not to cause
a glare or hazard to motorists, pedestrians or neighbouring premises.
c) The intensity of exposed bulbs on a Sign, excluding Digital Signs, shall not exceed 1100 lumens.
d) Digital signs shall use automatic light level controls to adjust light levels at night, under cloudy and other
darkened conditions to reduce light pollution, in accordance with the following:
i)
Ambient light monitors shall automatically adjust the brightness level of the sign based on ambient
light conditions. Brightness levels shall not exceed 0.3 footcandles above ambient light conditions
when measured from the sign face at its maximum brightness, at a distance equal to the equation
shown: measurement distance (in m)= √Area of the sign in m2 X 9.29
ii)
The Development Officer shall require a letter from a sign manufacturer indicating that a sign will be
Page 4-4
PART 4 - SIGNAGE
calibrated to be compliant with required brightness levels prior to issuing a development permit or
sign permit.
4.8. Signs Permitted in all Zones Not Requiring a Development Permit
The following signs are permitted in all zones and no sign permit is required for their erection:
a) Signs of not more than 0.2 m2 in sign area, showing a civic address.
b) Signs of not more than 0.2 m2 in sign area, showing the name of a resident or an occupier.
c) "No trespassing" signs or other signs regulating the use of a property, and of not more than 0.2 m2 in area.
d) Real estate signs not exceeding 0.5 m2 in sign area in a Residential Zone and 1.5 m2 in other zones, which
advertise the sale, rental or lease of the premises.
e) Signs regulating or denoting on-premises traffic, or parking, or other signs denoting the direction or
function of various parts of a building or premises, provided that such signs are less than 0.5 m2 in area.
f) Signs erected by governmental authority and bearing no commercial advertising, such as traffic signs,
railway crossing signs, and safety signs.
g) Signs erected by governmental authority bearing commercial advertising for regional or local business,
recreational, event or tourism promotion.
h) Memorial signs or tablets, and signs of not more than 0.2 m2 denoting the date of erection of a building.
i) The flag, pennant or insignia of any government, nation, religious, charitable or fraternal organization.
j) Signs up to 3.0 m2 in area incidental to construction and located within the area of such construction.
k) Signs up to 0.6 m2 in area which displays the words "open" or lists a businesses' hours of operation.
l) Federal, Provincial or Municipal election signs.
m) Community entrance signs.
n) Sandwich board signs, subject to the design specifications set out below:
Sandwich Board sign
The example diagrams shown below are for illustrative purposes only.
Permitted
Zones
Dimensions
Conditions
Example
-
GC
-
HC
-
MC
-
R2-T
-
R3
-
RC
-
VC
-
RU-2
Maximum Area: 0.6 m2
Maximum Height: 1 m
Min Yard Setback: 1 m
Min Driveway Setback: 3 m
Only 1 sign is permitted per business
premise.
The sign must be located on the property
of the business pertaining to the sign.
The sign must be displayed only during
business operating hours of the business
pertaining to the sign.
Illuminated or digital signage is
prohibited.
4.9. Signs Prohibited in all Zones
The following signs are prohibited in all zones.
a) Any sign or sign structure which constitutes a hazard to public safety or health.
b) Signs which by reason of size, location, content, colouring or manner of illumination obstructs the vision of
drivers or obstructs or detracts from the visibility or effectiveness of any traffic sign or control device on any
public or private street, driveway, or property.
Page 4-5
LAND USE BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
c) Signs not erected by a public authority which make use of words such as "stop", "look", "one way", "danger",
"yield", or any similar words, phrases, symbols, lights or characters in such manner as to interfere with,
mislead, or confuse traffic along a public road.
d) Commercial signs painted on or supported by tree, rock, stone cliff or other natural object.
e) Signs, except for sandwich board signs or temporary signs, which are not permanently set into the ground
or permanently affixed to a building.
f) Signs not related to any business or use located on the lot or premises with the exception of off-premise
signs as permitted by this Bylaw.
g) Search lights, pennants, spinners, banners, inflated balloons, inflated characters, and streamers except
when a temporary sign permit has been issued or as a special occasion use.
h) Signs which are painted directly on the roof of a building.
i) Signs which, by reason of flashing or moving illumination or parts, may be confused by the motorist with
traffic controls or lights or distract their attention for an extended period of time.
j) Signs painted on or supported by utility poles.
4.10. Off-site Signs
A development permit may be issued for a sign which advertises a business or a use not located on the lot or
premises provided that:
a) The property containing the off-site signage abuts the property containing the business or use being
advertised;
b) Only 1 off-site sign is permitted for a business premise or use pursuant to this subsection;
c) An off-site sign counts towards the maximum number of signs permitted on the property where the sign is
located; and
d) The proposed signage complies with all other applicable requirements of this Bylaw respecting signage.
4.11. Signs Identifying Residential Developments
In any zone, a sign identifying the name and civic address of a residential development with 12 or more
dwelling units may be erected subject to the following requirements:
a) The maximum sign area shall be 1.4 m2.
b) The sign shall not have more than 2 faces.
c) The maximum height of the sign shall be 1.8 m.
d) The sign shall be set back a minimum of 2.5 m from any property line.
4.12. Permanent Sign Design Requirements
a) Manually changeable copy signs shall:
i)
Be permitted as a portion of any single sign outside of an Established Residential Neighbourhood Zone
provided the changeable copy portion of a sign does not exceed 80% of that sign's area.
ii)
Use a design originally intended to be permanently affixed to the ground; a modified temporary sign
design shall not be used.
b) Permanent Signs are subject to the design specifications set out in the following tables.
Page 4-6
PART 4 - SIGNAGE
4.13. Awning sign
The example diagrams shown below are for illustrative purposes only.
Permitted
Zones
Dimensions
Conditions
Example
-
GC
-
HC
-
BP
-
RC
-
IC
Maximum Area: The lesser
between:
-
10% of the area of
the main wall of the
building to which the
awning is affixed; or
-
1 m² of sign area per
metre of street facing
facade.
Must not project more than 1.8 m from
the wall to which it is affixed.
Must not project over the eaves, parapet,
or roof line of the building.
Must be between 3 m and 4.6 m above
grade.
Internally illuminated and digital signage
is prohibited.
-
AR
-
IU
-
MC
-
OS
-
R2-T
-
R3
-
RU
-
VC
-
RU-2
Maximum Area: The lesser
between:
-
8% of the area of
the main wall of the
building to which the
awning is affixed; or
-
0.8 m² of sign area per
metre of street facing
facade.
Must not project more than 1.8 m from
the wall to which it is affixed.
Must not project over the eaves, parapet,
or roof line of the building.
Must be between 3 m and 4.6 m above
grade.
Internally illuminated and digital signage
is prohibited.
Com
mercial
or home-
based
business
uses in:
-
R2
Maximum Area: The lesser
between:
-
5% of the area of
the main wall of the
building to which the
sign is affixed; or
-
0.6 m² of sign area per
metre of street facing
facade.
Must not project more than 1.8 m from
the wall to which it is affixed.
Must not project over the eaves, parapet,
or roof line of the building.
Must be between 3 m and 4.6 m above
grade.
Internally illuminated and digital signage
is prohibited.
4.14. Facial Wall sign
The example diagrams shown below are for illustrative purposes only.
Permitted
Zones
Dimensions
Conditions
Example
-
GC
-
HC
-
BP
-
RC
-
IC
Maximum Area: The lesser
between:
-
10% of the area of
the main wall of the
building to which the
sign is affixed; or
-
1 m² of sign area per
metre of street facing
facade.
Must not substantially protrude from the
wall to which it is affixed.
Internally illuminated signage is
permitted.
Digital signage is prohibited.
Page 4-7
LAND USE BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
-
AR
-
IU
-
MC
-
OS
-
R2-T
-
R3
-
RU
-
VC
-
RU-2
Maximum Area: The lesser
between:
-
8% of the area of
the main wall of the
building to which the
sign is affixed; or
-
0.8 m² of sign area per
metre of street facing
facade.
Must not substantially protrude from the
wall to which it is affixed.
Internally illuminated and digital signage
is prohibited.
For home-based
businesses:
-
Maximum Area: 2 m2
Com
mercial
or home-
based
business
uses in:
-
CR
-
LR
-
R1
-
R2
Maximum Area: The lesser
between:
-
5% of the area of
the main wall of the
building to which the
sign is affixed; or
-
0.6 m² of sign area per
metre of street facing
facade.
Must not substantially protrude from the
wall to which it is affixed.
Internally illuminated or digital signage is
prohibited.
4.15. Ground sign: Multiple Tenancy
The example diagrams shown below are for illustrative purposes only. Subsequent metrics have regulatory effect.
Permitted
Zones
Dimensions
Conditions
Example
-
GC
-
HC
-
BP
-
MC
-
RC
-
IC
For properties not
abutting 100-series
Highways:
Max Area: 18 m2
Max Height: 7.6 m
Min Yard Setback: 2.4 m
Digitial signage is prohibited.
Internally illuminated is permitted up
to an illuminated sign area of 5 m2.
For non-shopping centre
properties abutting
100-series Highways:
Max Area: 18m2
Maximum Height: 18 m
Min Yard Setback: 2.4 m
Digital signs are permitted if the
sign does not front on a 100-series
Highway, however the digital
component of the sign must
comprise less than 20% of the area
of the sign.
Internally illuminated signage is
permitted up to an illuminated sign
area of 5 m2 if the sign does not
front on a 100-series Highway.
Internally illuminated signage is
permitted.
For shopping centre
uses abutting 100-series
Highways:
Max Area: 61 m2
Maximum Height: 20 m
Min Yard Setback: 2.4 m
Internally illuminated signage is
permitted.
Page 4-8
PART 4 - SIGNAGE
-
R2-T
-
R3
-
VC
-
RU
-
RU-2
-
AR
-
IU
-
OS
Maximum Area: 6.1 m2
Maximum Height: 6 m
Min Yard Setback: 0.6 m
Internally illuminated signs are pro
hibited.
Digital signage is permitted only for
institutional and community uses.
Where digital signage is permitted as a portion of a ground sign, the following additional regulations shall apply:
Digital signage which contains, include, or are illuminated by any flashing or moving lights are prohibited except those
giving the price of gasoline, or public service information such as, but not limited to: community event information, time,
date, temperature or other similar information.
Only 1 digital sign may be permitted on a lot, and must be located in the yard with the main building entry.
Advertising messages on digital signs may only use letters or numerals.
The image on a digital sign must remain static for a minimum of 8 seconds before changing.
A digital sign can only take up to 75% of the maximum area of a single sign.
4.16. Ground sign: Single Premise
The example diagrams shown below are for illustrative purposes only.
Permitted
Zones
Dimensions
Conditions
Example
-
GC
-
HC
-
BP
-
RC
-
IC
For properties not
abutting 100-series
Highways:
Maximum Area: 6.0 m2
Maximum Height: 7.6 m
Min Yard Setback: 2.4 m
Must comply with a minimum setback
of 2.4 m from the property line for any
portion of the sign (base, post, frame, or
face).
Digital signage is permitted if the sign
does not front on a 100-series Highway.
Internally illuminated signage is permitted
only for shopping centres, automobile
service stations, restaurants and
drinking establishments.
The sign may advertise a business or use
not located on the property provided
the sign and the business or use being
advertised are located within the
boundaries for a shopping centre.
For properties abutting
100-series Highways:
Maximum Area: 6.0 m2
or 18m2 if the sign is not
within 150 m of a dwelling.
Maximum Height: 18 m
Min Yard Setback: 2.4 m
-
R2-T
-
R3
-
MC
Maximum Area: 3 m2
Maximum Height: 3.2 m
Min Yard Setback: 2.4 m
Internally illuminated is prohibited.
Digital signage is permitted for
institutional and community uses.
-
VC
Maximum Area: 1.85 m2
Maximum Height: 1.7 m
Min Yard Setback: 2.4 m
Internally illuminated is prohibited.
Digital signage is permitted for
institutional and community uses.
Page 4-9
LAND USE BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
-
AR
-
IU
-
OS
-
RU
-
RU-2
Maximum Area: 2 m2 or 6
m2 if the sign is not within
150 m of a dwelling.
Maximum Height: 4 m
Minimum Yard Setback:
2.4 m
Internally illuminated signage is
prohibited.
Digital signage is permitted only in
IU zones, and subject to the special
requirements below.
Com
mercial
or home-
based
business
uses in:
-
CR
-
R1
-
R2
Maximum Area: 0.8 m2
Maximum Height: 1.8 m
Min Yard Setback: 2.4 m
Internally illuminated or digital signage is
prohibited.
Externally illuminated signage must not
be located in the required yard abutting a
residence.
Where digital signage is permitted as a portion of a ground sign, the following additional regulations shall apply:
Digital signage which contains, include, or are illuminated by any flashing or moving lights are prohibited except those
giving the price of gasoline, or public service information such as, but not limited to: community event information, time,
date, temperature or other similar information.
Only 1 digital sign may be permitted on a lot, and must be located in the yard with the main building entry.
Advertising messages on digital signs may only use letters or numerals.
The image on a digital sign must remain static for a minimum of 8 seconds before changing.
A digital sign can only take up to 75% of the maximum area of a single sign.
4.17. Projecting Wall sign
The example diagrams shown below are for illustrative purposes only. Subsequent metrics have regulatory effect.
Permitted
Zones
Dimensions
Conditions
Example
Any
Maximum Area: 1.5 m2
Permitted Height Range:
3 m - 4.6 m above grade.
No part of the sign may be
less than 3 m from grade.
Must not project more than 1.5 m from
the wall to which it is affixed.
Must not project above the eaves,
parapet, or roof line of the building.
Internally illuminated signs are prohibited.
Digital signs are prohibited.
4.18. Temporary Signs
a) Temporary signs shall not be placed, erected or displayed unless specifically permitted by the provisions of
this Bylaw and having a valid permit issued under this Bylaw.
b) Illuminated signs shall be illuminated only by steady, stationary, shielded light sources, directed solely at
the sign, or internal to it, and no part of an illuminated temporary sign or light on it shall move or appear to
move.
c) Temporary signs are permitted for profit entities provided that:
i)
The sign may be displayed for a maximum period of 30 consecutive days per permit;
ii)
The sign must be removed within 24 hours of the completion of the event;
iii)
Upon expiry of the permit the sign shall be removed from the property for a period of no less than 60
Page 4-10
PART 4 - SIGNAGE
days before a new sign permit shall be issued for that premise;
iv)
No more than 6 event specific signs can appear on any 1 property in any 12 month period;
v)
Signs shall be permitted on all properties zoned or used for commercial use;
vi)
All signs shall only advertise the business for which the permit has been issued;
d) Temporary signs are permitted for non-profit entities provided that:
i)
The sign advocates community activities and there is no lettering or symbol that is associated with a
business or commercial activity;
ii)
Signs must be removed within 24 hours of the completion of the event;
iii)
Upon completion of the event the sign shall be removed from the property for a period of no less than
5 days before a new sign may be displayed;
iv)
Not more than 2 signs per event may be displayed on any 1 property;
v)
Permit shall be issued on an annual basis and no fee shall be charged;
vi)
Signs shall be permitted on all properties zoned or used for commercial, institutional or rural uses;
e) All temporary signage erected will conform with the following requirements:
4.19. Temporary sign (Portable)
The example diagrams shown below are for illustrative purposes only. Subsequent metrics have regulatory effect.
Permitted
Zones
Dimensions
Conditions
Example
-
GC
-
HC
-
MC
-
RC
-
RU
-
IU
-
BP
-
R3
-
IC
-
RU-2
Institution
al uses in:
-
VC
Maximum Area: 4.6 m2
Maximum Height: 2.5 m
Minimum Yard Setback:
2.4 m
Minimum Driveway
Setback: 1.5 m
-
Portable signs on a multiple
tenancy property should have a
minimum separation distance of
15 m.
-
Portable signs are not permitted
in Growth Reserve Areas.
-
Illuminated or digital signage is
prohibited.
-
May be permitted to occupy 1
parking space where there is no
practical alternative.
Page 4-11
LAND USE BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
4.20. Temporary sign (Flush Mounted Banner)
The example diagrams shown below are for illustrative purposes only. Subsequent metrics have regulatory effect.
Permitted
Zones
Dimensions
Conditions
Example
-
GC
-
HC
-
AR
-
BP
-
IU
-
MC
-
OS
-
R2-T
-
R3
-
RC
-
RU
-
VC
-
IC
-
RU-2
Maximum Area: 10% of the
building area on which it is
placed.
-
The banner shall not extend
beyond the extremities of the
wall upon which it is affixed.
-
Are only permitted in street-
facing yards.
Regulation
Amendment Date
Description
Page 5-1
LAND USE BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
PART 5
Rural Zones
Page 5-2
PART 5 - RURAL ZONES
5.1. Rural Zones Permitted Uses
The table below summarizes the uses permitted in all Rural Use, Agricultural Reserve and Wind Energy Zones.
For conditions associated with the uses, see the specific section referencing that zone.
-
RU - Rural Use
-
AR - Agricultural Reserve
-
RU-2 - Rural Use North
-
RCDD - Rural Comprehensive Development District
Uses
RU
RU-2
AR
RCDD
Accessory Dwelling Unit
P
P
P
-
Accommodations, Bed & Breakfast
P
P
P
-
Accommodations, General up to a maximum of 12
units
P
P
-
-
Agriculture, Non-Intensive
P
P
P
-
Agriculture Related Uses
P
P
P
-
Agriculture Uses and Structures, Intensive
P
P
P
-
Agri-tourism Uses
P
P
C
-
Agrivotaics
P
P
SP
-
Animal Hospitals & Veterinary Offices
P
P
P
-
Any potentially obnoxious commercial developments
to include vehicle race tracks and amusement parks
DA
DA
-
-
Automobile Dealer & Rentals
-
P
-
-
Automobile Service Station
-
P
-
-
Automobile Vehicle Repair & Maintenance
-
P
-
-
Biogas Facilities where 50% or more of the biogas
substrate comes from off farm sources
P
P
DA
-
Biogas Facilities where 50% or more of the biogas
substrate comes from on farm sources
P
P
P
-
Campgrounds
SP
SP
-
-
Couriers & Messengers
P
P
-
-
Daycare, General
P
P
-
-
Dog Daycare and Dog Daycare with more than ten
(10) dogs
P
P
P
-
Dog Training Facility
P
P
-
-
Drinking Establishment open after 1 am
-
DA
-
-
Drinking Establishment open until 1 am
-
P
-
-
Dwelling, Farm
P
P
P
-
Dwelling, Farm Secondary
P
P
P
-
Dwelling, Mini-home
P
P
-
-
Dwelling, Multiplex (Small)
DA
C
-
-
Dwelling, Multiplex (Large)
-
C
-
-
PART 5: RURAL ZONES
Page 5-3
LAND USE BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
Dwelling, Non-Farm Single Unit
P
P
DA
-
Dwelling, Tiny Home on Wheels
P
P
P
-
Dwelling, Two Unit
P
P
-
-
Excavating and Construction Services
P
P
-
-
Fabrication and Repair of Farm and Forestry Equip
ment
P
P
P
-
Forestry Uses & Structures
P
P
P
-
Funeral Services
P
P
-
-
Greenhouses
P
P
P
-
Home-based business uses above 140 m2 of com
mercial floor area
DA
P
DA
-
Home-Based Business Uses up to 140 m2 of commer
cial floor area
P
P
P
-
Horse Stables, Boarding, and Training Facilities (in
cluding race horses)
P
P
P
-
Industrial uses related to the chemical treatment of
timber resources
DA
DA
-
-
Kennel, Boarding and Breeding
P
P
P
-
Lawfully Existing Uses
-
P
-
-
Large Scale Special Events
P
P
P
-
Marina
-
P
-
-
Marine Related Industry
-
P
-
-
Office & Professional Services
P
P
-
-
Personal Care Services
P
P
-
-
Private Dog Parks
P
P
-
-
Recreation Facility, Golf
p
P
-
-
Repair & Maintenance
P
P
-
-
Restaurant, Full & Limited Service
P
P
-
-
Retail & Rental Stores
P
P
-
-
Salvage Yard
DA
DA
-
-
Social Enterprise
P
P
-
-
Solar Farms
P
P
-
-
Recreational Vehicles
-
C
-
-
Retail area and showroom for pit and quarry oper
ations
P
P
-
-
Structures related to a pit operation closer than 100 m
from the nearest non-resource related structure.
DA
DA
-
-
Structures related to a pit operation not closer than
100 m from the nearest non-resource related struc
ture.
P
P
-
-
Structures related to a quarry of mineral extraction
operation closer than 1 km from the nearest non-re
source related structure.
DA
DA
-
-
Page 5-4
PART 5 - RURAL ZONES
Structures related to a quarry of mineral extraction
operation not closer than 1 km from the nearest
non-resource related structure.
P
P
-
-
Tradesperson & Craftsperson Businesses & Offices
P
P
-
-
Wind Farms
SP
SP
SP
-
Wind Turbines, Large Scale
SP
SP
SP
-
Wind Turbines, Micro
P
P
P
-
Wind Turbines, Small Scale
P
P
P
-
Highway Commercial (HC) Zone Uses
DA
DA
-
-
Industrial Commercial (IC) Zone Uses
DA
DA
-
-
Institutional (IU) Zone Uses
P
P
-
-
Open Space (OS) Zone Uses
P
P
P
-
Regional Commercial (RC) Zone Uses
DA
DA
-
-
Any industrial development engaged in the produc
tion, wholesale storage, or distribution of dangerous
goods
DA
DA
-
-
Aggregate and mineral resource related industries
DA
DA
-
-
A maximum of 12 dwelling units per lot (single unit
dwellings, townhouses, or multiplexes)
-
P
-
-
P - Permitted as-of-right through a development permit.
SP - Permitted by site plan approval.
DA - Permitted to apply to Council for a development agreement: note that other restrictions may apply.
C - Conditionally permitted: discretionary approval may apply, view zone requirements.
Page 5-5
LAND USE BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
5.2. General Provisions for All Rural Zones
5.2.1. Two Dwellings on a Lot or Farm Secondary Dwelling
A second detached dwelling or farm secondary dwelling may be erected providing the following requirements
are met:
a) The lot must meet the minimum Bylaw requirements for 2 lots, with both potential future lots having
sufficient area, frontage and required setback distances to contain a dwelling unit in the applicable Zone.
Nova Scotia Environment approval for installation of 2 separate on-site sewage disposal systems is
required where municipal wastewater services are not available;
b) All other applicable requirements of this Bylaw are met, including all requirements for second detached
dwellings and farm secondary dwellings contained in this Bylaw are met.
5.2.2. Animal Kennels
An animal kennel and dog daycare including dog daycares with more than ten (10) dogs in a Rural Zone shall
be subject to the following requirements:
a) Breeding Kennels
i)
Shall be located in the rear yard and shall have a minimum separation distance of 45 m between the
animal structure and the rear and side yard lot lines;
ii)
a minimum lot size of 1 hectare; and
b) Boarding Kennels and Dog Daycares including Dog Daycares with more than ten (10) dogs
i)
Shall be located in the side or rear yard and shall have a minimum setback distance of 15 m between
the animal structure and the side and rear yard lines;
ii)
Structures located in the side yard shall have a minimum setback distance of 8 m from the front lot
line;
c) An enclosed structure is constructed for the sheltering of the animal(s);
d) Kennels and Dog Daycares are only permitted on those properties upon which a permanent residence has
been constructed;
e) The owner of the kennel and Dog Daycare operation must reside on the property upon which the kennel
and Dog Daycare operation is located;
f) Dog kennels will also be subject to Municipal Dog Bylaw;
g) Structures shall be located 30 m from any watercourse or well.
5.2.3. Intensive Livestock Operation
An intensive livestock operation in a Rural Zone shall be subject to the following requirements:
a) A minimum setback of 45 m from all lot lines and any public road, private road, or right-of-way easement;
b) The following setback distances shall be required from any structure or manure storage related to an
intensive livestock operation to be located near a watercourse or well; and
Private or Off-Farm Well
100 m
Lake, River, Brook
Non-contained storage (solid manure)
Fully contained storage (liquid, semi-solid manure)
50 m
100 m
50 m
Ditch/Intermittent Stream or Wetland
20 m
c) An Intensive Livestock Operation in the Rural Use and Agricultural Reserve Zones which does not meet the
minimum separation distances in this section may be considered by site plan approval. The Development
Page 5-6
PART 5 - RURAL ZONES
Officer shall approve a site plan where the following matters have been addressed:
i)
Site design and layout shall take into consideration all existing and proposed structures, the location of
all water courses, the location of all intensive livestock operations, and the soil conditions.
ii)
The site plan shall show the proposed setback from the watercourse or well.
iii)
The intensive livestock operation structure or manure storage shall be located on the property to
enable as large a setback from the watercourse or well as possible.
iv)
The site plan shall be prepared by an agricultural engineer.
v)
The agricultural engineer (or other appropriate professional) is to confirm in writing that the reduced
setback will not affect the watercourse or well.
d) Application for site plan approval shall be in the form specified in the Appendix and shall be accompanied
by a sketch of sufficient detail to address all of the matters identified above, and shall be accompanied by a
letter stating the purpose for the reduction in the minimum setback requirement.
5.2.4. Pits and Quarries
No development permit shall be issued for a dwelling on a lot abutting a pit or quarry activity, unless the
dwelling is located a minimum of 100 m from the edge of the pit operation or 1 km from the edge of a quarry
operation, except where the residential use is directly related to the pit and quarry use.
5.2.5. Home-Based Businesses
a) In a Rural Zone a residential dwelling, an accessory building, or a combination of an accessory building and
a main building may be used for a home-based business provided that:
i)
The dwelling is occupied as a residence by the operator of the business;
ii)
Not more than 50% of the floor area of the dwelling, or a maximum of 140 m2 of commercial floor
area, whichever is less, is devoted to the business use;
iii)
1 off-street parking space, in addition to that required for the dwelling, is provided for every 30 m2 of
commercial floor area occupied by the business;
iv)
Advertising of the business shall consist of 1 facial or ground sign;
v)
Outdoor storage associated with the business shall be permitted in the rear yard only; and
vi)
Outdoor display associated with the business shall not be permitted.
b) Home-based business uses beyond 140 m2 of commercial floor area shall be considered by development
agreement.
c) Home-based excavation or trucking services shall have a maximum commercial floor area of 230 m2.
5.2.6. Home-Based Businesses Permitted in Rural Zones
a) In Rural Zones, office and professional uses permitted as a home-based business shall include, but not be
limited to, the following:
i)
Health care professional, lawyer, business management consultant, accountant, public engineer,
architect, business broker, marketing or sales agent, scientific, technology or arts professionals, real
estate, insurance or property appraisal practitioners, administrative and consulting services, author/
writer, computer consultant, interior designer, event organizer, stock broker, counsellors, jeweler,
musician/instructor, and other like business activities; providing office or professional services.
b) In Rural Zones goods and services uses shall include, but not be limited to, the following:
i)
Dressmaking and tailoring, hairdressing and barber shops, private instruction or tutoring in the art,
sciences or technologies, the crafting or repair of household goods, small engines and motors and
Page 5-7
LAND USE BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
appliances, computer services, recreational equipment (with the exception of recreational motorized
vehicles), interior design or upholstery, home-based daycare, seasonal retailing of garden produce,
bedding plants and shrubbery, wood engraving, metal, stone setting and selling, pet grooming,
catering (home-based), esthetics and cosmetology, psychic services (clairvoyant, astrologer, fortune
teller, and the selling of crafts).
ii)
Excavation services, trucking services, and automobile vehicle repairs and maintenance (home based).
5.2.7. Public and Private Utilities
Unless otherwise stated in this Bylaw, a utility that is essential for the actual provision of a service, including but
not limited to a wastewater collection and treatment facility, a water supply and distribution facility, electrical
power, shall be permitted in all Rural Zones provided that the following provisions are met.
a) The required minimum setback distances from all minimum lot lines and from any public road or private
road shall be met;
b) In the Agricultural Reserve (AR) Zone no structure associated with the operator of the utility shall exceed 46
m2 in floor area.
5.2.8. Accessory Dwellings
A development permit may be issued to permit an accessory dwelling unit in accessory to a single unit
dwelling providing the following requirements are met:
a) An accessory dwelling unit shall not be more than 80% of total floor area of the principle dwelling unit and
not more than 80 m2;
b) An accessory dwelling unit shall contain independent kitchen and bathroom facilities;
c) An accessory dwelling unit shall have an independent entrance;
d) An accessory dwelling unit shall require at least 1 off-street parking spot in addition to any parking
requirements for the primary single unit dwelling;
e) There is a limit of 1 accessory dwelling unit per property;
f) A property containing a detached accessory dwelling unit shall not be subdivided so that the accessory
dwelling unit becomes a primary residence of a resulting property unless the resulting properties and
dwellings meet all necessary lot and building standards as required by East Hants planning documents.
g) The property owner is responsible for receiving approval for addition or expansion of on-site services in
areas not serviced by Municipal wastewater service.
h) An accessory dwelling must comply with all setbacks and separation standards and the separation distance
between a detached accessory dwelling and the primary residence shall be at least twice the side yard
setback.
5.2.9. Tiny Homes on Wheels as an Accessory Dwelling Unit
A development permit may be issued to permit a tiny home on wheels as an accessory dwelling unit providing
the following requirements are met:
a) A tiny home on wheels shall be located in the side or rear yard and shall adhere to the same side and rear
yard setbacks as the main dwelling unit;
b) There is a limit of 1 tiny home on wheels per property;
c) The tiny home on wheels shall use existing on-site services or shall provide approval from Nova Scotia
Environment for an alternative grey water and/or sewage treatment system.
5.2.10. Campground Site Plan Approval Application Requirements
Page 5-8
PART 5 - RURAL ZONES
In the Rural Use (RU) Zone or Rural Use North (RU-2 Zone), a site plan approval application may be considered
for a new campground or the expansion of an existing campground, provided that the following requirements,
and all other requirements under this Bylaw are met:
a) The minimum lot size of a campground shall be 2 hectares and the minimum lot frontage shall be 30 m.
b) Where a neighbouring land use is residential and within 250 m of the campground, the campground shall
be buffered with fencing, opaque vegetative strips (or existing substantive vegetation), or berms to minimize
the transmission of noise.
c) All elements, including but not limited to parking, camp sites, public gathering areas, loading areas, and
outdoor storage shall be setback 12 m from the side and rear lot boundaries.
d) Refuse shall be enclosed and concealed.
e) All disturbed areas not used for structures, refuse, parking and circulation shall be landscaped.
f) The campground shall not create undue traffic or pedestrian hazards, traffic and pedestrian circulation shall
be clearly marked.
g) A single unit dwelling shall be permitted as an accessory use for the residence of the owner or operator of
the campground.
5.2.11. Distance of New Dwellings to Existing Intensive Livestock Operations
In the Rural Use (RU) Zone or Rural Use North (RU-2) Zone a dwelling shall be setback from existing intensive
livestock operations in accordance with the following requirements:
a) The minimum setback of a dwelling from existing intensive livestock operations shall be 46 m.
b) A dwelling which does not meet the minimum setback requirement of 46 m may be considered by site
plan approval. The Development Officer shall approve a site plan where the following matters have been
addressed:
i)
Site design and layout shall take into consideration all existing and proposed structures, the location of
all watercourses, the location of all intensive livestock operations, and the soil conditions.
ii)
The site plan shall show the proposed setback from the existing intensive livestock operation.
iii)
All items and measures that will be used to mitigate conflicts between the existing intensive livestock
operation and the proposed dwelling.
iv)
The dwelling shall be located on the property to enable as large a setback as possible from existing
intensive livestock operations.
c) Application for site plan approval shall be in the form specified in the Appendix and shall be accompanied
by a sketch of sufficient detail to address all of the matters identified above, and shall also be accompanied
by a letter stating the purpose of the reduction in the minimum setback requirement.
Page 5-9
LAND USE BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
5.3. Rural Use (RU) Zone
RU Zone: Conditional Uses by Site Plan Approval
-
Campgrounds
5.3.1. Zone Requirements
In the Rural Use (RU) Zone, no development permit shall be issued except in conformity with the following
requirements:
Minimum Lot Area A
3720 m2
Minimum Lot Frontage
30 m
Minimum Front Yard
8 m
Minimum Rear Yard
11 m
Minimum Side Yard
2 m
Minimum Flankage Yard
6 m
Maximum Building Height
11 m
Conditions
A Nova Scotia Environment approval for on-site sewage disposal system is required.
5.3.2. Two Dwellings on a Lot and Farm Secondary Dwellings
Either a second detached dwelling or farm secondary dwelling may be erected provided the following
requirements are met:
a) The lot must meet the minimum Bylaw requirements of 2 lots, with both potential future lots having
sufficient area, frontage and required setback distances to contain a dwelling unit in the RU Zone. Nova
Scotia Environment approval for installation of 2 separate on-site sewage disposal systems is required
where municipal wastewater services are not available;
b) All other applicable requirements of this Bylaw.
5.3.3. Requirements for Bed and Breakfasts
In addition to all other requirements under this Bylaw, the following provisions shall apply to a bed and
breakfast in the Rural Use (RU) Zone:
a) Parking for a bed and breakfast shall be 1 space per rental room and located in the side or rear yard, or
where it is not practicable to do so as a result of the lot configuration, parking may be permitted in the front
yard of the property;
b) Notwithstanding the Signage provisions of this Bylaw, 1 facial or ground sign, with a maximum sign area of
1.5 m2 is permitted to advertise the bed and breakfast accommodations.
5.3.4. Development Agreements
The following use shall be considered only by development agreement in the RU Zone.
a) Dwelling/s, Multiplex (Small), development with a maximum of eight units for the property, shall be consid
ered only by development agreement in the RU Zone.
b) Accommodations, General over 12 units.
Page 5-10
PART 5 - RURAL ZONES
5.4. Agricultural Reserve (AR) Zone
5.4.1. Zone Requirements
In the Agricultural Reserve (AR) Zone, no development permit shall be issued except in conformity with the
following requirements:
Residential and
Home-Based
Business Uses
Agricultural Related
Business Uses and
Agriculture Buildings
Intensive Livestock
Operations
Minimum Lot Area
0.4 hectares
0.4 hectares
2 hectares
Minimum Lot Frontage
-
General
-
Where the lot is within 23 m
of any water course
30 m
46 m
30 m
46 m
60 m
60 m
Minimum Front Yard
-
Main structure
-
Accessory structure
8 m
8 m
8 m
8 m
46 m
46 m
Minimum Rear Yard
-
Main structure
-
Accessory structure
10 m
2.5 m
10 m
4.5
46 m or 10 m if ad
joining property is in
common ownership
46 m or 10 m if ad
joining property is in
common ownership
Minimum Side Yard
-
Main structure
-
Accessory structure
3 m
2.5 m
10 m
4.5 m
46 m or 10 m if ad
joining property is in
common ownership
46 m or 10 m if ad
joining property is in
common ownership
Maximum Building Height
-
Main structure
-
Accessory structure
10 m
7.5 m
no maximum
no maximum
no maximum
no maximum
5.4.2. Farm Dwellings and Farm Secondary Dwellings
a) Farm dwellings and farm secondary dwellings are permitted provided they are directly related to a bona
fide farm operation.
b) Farm dwellings and farm secondary dwellings are permitted provided they house additional farm labour or
family employed on the farm, and provided they are not on a separate lot from the farm. These dwellings
fall under the agricultural operation requirements and must meet these standards.
c) Additional farm dwellings and/or farm secondary dwellings are permitted provided that the lots meet the
minimum Bylaw requirements for an additional lot for each farm dwelling and/or farm secondary dwelling,
with each of these potential lots having sufficient area, frontage and required setback distances to contain
a dwelling unit in the AR Zone. Nova Scotia Environment approval for installation of 2 separate on-site
sewage disposal systems is required where municipal wastewater services are not available.
Page 5-11
LAND USE BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
5.4.3. Existing Dwelling Converted to Bed and Breakfast
In addition to all other requirements, the following provisions shall apply to an existing dwelling converted to a
bed and breakfast in the AR Zone:
a) No development permit shall be issued for a bed and breakfast unless the lot directly fronts on a designated
arterial or collector road;
b) Parking for a bed and breakfast shall be 1 space per rental room and located in the side or rear yard, or
where it is not practicable to do so as a result of the lot configuration, parking may be permitted in the front
yard of the property; and
c) Notwithstanding the Signage provisions of this Bylaw, 1 facial or ground sign, with a maximum sign area of
1.5 m2 is permitted to advertise the bed and breakfast operation.
5.4.4. Uses Not Requiring a Permit
In an AR Zone, a development permit will not be required for the following uses:
a) Agricultural and forestry uses not involving a permanent structure; or
b) Temporary signs.
5.4.5. Agricultural Related Industry
In the AR Zone, agricultural related industrial or commercial uses are permitted provided that at least 75% of
their operation is related to the sale, processing, sorting, grading, packaging, inspection, storage, retailing,
transport of agricultural goods, or the servicing of agricultural operations.
5.4.6. Removal of Topsoil
The removal of topsoil shall be prohibited in the AR Zone except for operations which by their very nature
involve the removal of topsoil such as sod farming and peat harvesting.
5.4.7. Frontage on Road
A development permit may be issued for an agricultural use or a forestry structure to be located on a lot which
does not front upon a public street.
5.4.8. Development Agreements
The following uses may be considered only by development agreement in the AR Zone:
a) Institutional (IU) Zone Uses;
b) Non-agricultual uses by development agreement pursuant to an Agricultural Impact Study as outlined
under the Appendix A of the Municipal Planning Strategy; and
c) Biogas facilities where more than 50% of the biogas substrate comes from off farm sources.
5.4.9. Agri-tourism
A development permit may be issued for the following agri-tourism uses:
a) Agri-tourism accommodations provided that:
i)
There are 10 or fewer sleeping units (a bedroom or other area used as bedroom);
ii)
The total developed area of the agri-tourism accommodation shall be less than 5% of the farm area;
Page 5-12
PART 5 - RURAL ZONES
iii)
The agri-tourism accommodation shall be accessory to and clearly related to the agricultural use of
the farm; and
iv)
Any new buildings or building additions shall be sensitive to the surrounding rural architectural style.
b) Distilleries/breweries/wineries and their related dinking establishments, limited service restaurants, and retail
shops, up to a maximum of 93 m2, are permitted provided they are accessory and clearly related to the
agricultural use of the property.
c) Distilleries/breweries/wineries and their related drinking establishments, limited service restaurants, and
retail shops, beyond 93 m2 up to a maximum of 186 m2, shall be considered by site plan approval provided
they are accessory and clearly related to the agricultural use of the property. The Development Officer shall
approve a site plan where the following matters have been addressed:
i)
Site design and layout shall take into consideration all existing and proposed structures, and shall not
interfere with the agricultural use of the farm;
ii)
Site design and layout will not adversely affect surrounding agricultural activities by causing
compatibility concerns or occupying prime agricultural land;
iii)
Signage will only be constructed of wood or metal; and
iv)
Any new buildings or building additions shall be sensitive to the surrounding rural architectural style.
d) Application for site plan approval shall be in the form specified in the Appendix and shall be accompanied
by a sketch of sufficient detail to address all of the matters identified above.
5.4.10. Agri-tourism Development Agreements
The following agri-tourism uses may be considered only by development agreement in the AR Zone, subject
to the criteria to the Agricultural Reserve policies of the Municipal Planning Strategy:
a) Distilleries/breweries/wineries and their related drinking establishments, limited service restaurants, retail
shops accessory to the agricultural use of the farm, beyond 186 m2.
5.4.11. Subdivision of Agricultural Land
a) In the AR Zone, the subdivision of land shall be limited to the creation of 2 lots per existing area of land
during a calendar year. The consolidation of AR Zoned land shall not be limited.
5.4.12. Agrivoltaics
Agrivoltaics shall be permitted through the site plan approval process and shall adhere to the following re
quirements:
a) The primary use of the land shall be for agricultural activities.
b) Information on the type and scale of agricultural production to be combined with the solar photovoltaics
shall be provided to the Development Officer.
c) A site plan shall be submitted identifying the following details:
i)
The proposed location and area of agrivolaics on the lot;
ii)
All existing and proposed structures on the lot;
iii)
Setbacks from adjoining property lines and existing or proposed structures
iv)
Type and area of agricultural lands to be farmed.
d) Any other information the Development Officer deems necessary to properly evaluate the proposal.
Page 5-13
LAND USE BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
5.5. Rural Use North (RU-2) Zone
5.5.1. Zone Requirements
In the Rural Use North (RU-2) Zone, no development permit shall be issued except in conformity with the fol
lowing requirements:
Minimum Lot Area A
3720 m2
Minimum Lot Frontage
30 m
Minimum Front Yard
8 m
Minimum Rear Yard
11 m
Minimum Side Yard
2 m
Minimum Flankage Yard
6 m
Maximum Building Height
11 m
Conditions
A Nova Scotia Environment approval for on-site sewage disposal system is required.
5.5.2. Requirements for Bed and Breakfasts
In addition to all other requirements under this Bylaw, the following provisions shall apply to a bed and
breakfast in the Rural Use (RU) Zone:
a) Parking for a bed and breakfast shall be 1 space per rental room and located in the side or rear yard, or
where it is not practicable to do so as a result of the lot configuration, parking may be permitted in the front
yard of the property;
b) Notwithstanding the Signage provisions of this Bylaw, 1 facial or ground sign, with a maximum sign area of
1.5 m2 is permitted to advertise the bed and breakfast accommodations.
5.5.3. Flag Lots
Where a flag has been created in accordance with the provisions of the Subdivision Bylaw, the Development
Officer may issue a development permit for any use permitted in the Rural Use North (RU-2) Zone.
5.5.4. Recreational Vehicles
In the Rural Use North (RU-2) Zone recreational vehicles shall be permitted on a lot, provided the following
conditions are met:
a) A maximum of 1 recreational vehicle shall be permitted on a lot with an area of 6,070 m2 or less.
b) A maximum of 3 recreational vehicles shall be permitted on a lot with an area greater than 6,070 m2.
5.5.5. Accessory Building as Main Use
In the Rural Use North (RU-2) Zone an accessory building shall be permitted as the main building on a lot,
RU-2 Zone: Conditional Uses by Site Plan Approval
-
Campgrounds
Page 5-14
PART 5 - RURAL ZONES
provide the following conditions are met:
a) There are no other buildings located on the lot; and
b) The accessory building setbacks are in accordance with Section 5.5.1 Zone Requirements.
5.5.6. Development Agreements
The following use shall be considered only by development agreement in the RU-2 Zone.
a) Multiplexes over 12 dwelling units and up to a maximum of 24 dwelling units and cluster townhouse devel
opments over 12 dwelling units and up to a maximum of 24 dwelling units.
b) Accommodations, General over 12 units.
c) Drinking establishments open after 1 am.
5.5.7. ROW Easement
Where a right-of-way easement has been created in accordance with the 'area of land' provisions of Section 9
of the Subdivision Bylaw, the Development Officer may issue a development permit for any uses permitted in
the Rural Use North (RU-2) Zone.
Page 5-15
LAND USE BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
5.6. Rural Comprehensive Development District (RCDD) Zone
District development
Innovative road layout techniques
Provisions for environmental protection
To provide for innovative planned communities
which incorporate environmental protection meas
ures through a development agreement process.
This zone is established because Council deems
that these goals could not be adequately controlled
through the establishment of a conventional rural
use zone.
Intent
5.6.1. Development only Permitted by Development Agreement
No development permit shall be issued in any (RCDD) Zone except in accordance with a development
agreement approved pursuant to policies contained in the MPS.
Regulation
Amendment Date
Description
5.2.8 and 5.5.7
Approved by Council March 27,
2024
Housekeeping amendments -
corrected language and add new
provision 5.5.7
Page 6-1
LAND USE BY-LAW - EAST HANTS OFFICIAL COMMUNITY PLAN
PART 6
Residential Neighbourhood
Zones
Page 6-2
PART 6 - RESIDENTIAL NEIGHBOURHOOD ZONES
6.1. Residential Neighbourhood Zones Permitted Uses
The table below summarizes the uses permitted in all Residential Neighbourhood Zones. For conditions asso
ciated with the uses, see the specific section referencing that zone.
-
CR - Country Residential
-
LR - Lakeshore Residential
-
R1 - Established Residential Neighbourhood Zone
-
R2 - Two Dwelling Unit Residential Zone
-
MH - Mini-Home Zone
Residential Neighbourhood Zones
CR
LR
R1
R2
MH
Accessory Dwelling Unit
P
P
P
P
-
Accommodations, Bed & Breakfast
P
P
P
P
-
Daycare, Home-Based
P
P
P
P
C
Dwelling, Mini-home
-
-
-
-
P
Dwelling, Multiplex (Small)
-
-
-
C
-
Dwelling, Single Unit
P
P
P
P
-
Dwelling, Two Unit
-
-
C
P
-
Home-Based Business
P
P
P
P
-
Live/ Work
-
-
-
C
-
Mini-home Community
-
-
-
-
C
Office & Professional Services
-
-
-
C
-
Retailers & Rental Services
-
-
-
C
-
Zero Lot Line Developments
-
-
DA
DA
-
Established Residential Neighbourhood (R1) Zone
Uses subject to the requirements of that zone.
-
-
-
P
-
Open Space (OS) Zone Uses subject to the re
quirements of that zone.
P
P
P
P
P
Development of any accessory building in excess
of zone requirements
SP
SP
SP
SP
SP
Home-based business uses in excess of 80 m2
up to a maximum of 140 m2 of commercial floor
area.
C
C
C
C
-
P - Permitted as-of-right through a development permit.
SP - Permitted by site plan approval.
DA - Permitted to apply to Council for a development agreement: note that other restrictions may apply.
C - Conditionally permitted: discretionary approval may apply, view zone requirements.
PART 6: RESIDENTIAL NEIGHBOURHOOD ZONES
Page 6-3
LAND USE BY-LAW - EAST HANTS OFFICIAL COMMUNITY PLAN
6.2. General Provisions for All Residential Neighbourhood Zones
6.2.1. Parking of Commercial Motor Vehicles
a) For the purpose of this Section, "Commercial Motor Vehicles" shall mean any motor vehicle which is used
for a commercial purpose including, but not limited to, ambulances, hearses, motor buses, tractors, panel
vans, transport, and dump trucks whether or not it displays commercial licenses or signage.
b) Not more than 1 commercial vehicle per resident who resides at the property shall be kept on a developed
lot in the CR, LR, R1 or R2 Zone, and such vehicle shall be owned or operated by the registered owner or
resident of the lot and shall be parked on such lot.
c) No commercial motor vehicle shall be kept or parked on any vacant lot in an CR, LR, R1 or R2 Zone.
6.2.2. Criteria for Home-Based Businesses
In a Country Residential (CR) Zone, Lakeshore Residential (LR) Zone, Established Residential Neighbourhood
(R1) Zone, or Two Dwelling Unit Residential (R2) Zone, an accessory building, or a combination of an accessory
building and a main building my be used for a home-based business provided that:
a) The dwelling is occupied as a residence by the operator of the business;
b) Not more than 50% of the floor area of the dwelling, or a maximum of 80 m2 of commercial floor area,
whichever is less, is devoted to the business use;
c) A minimum of 1 off-street parking space is required in addition to that required for the dwelling. The
number of off-street parking spaces provided must be the greater of 1 space:
i)
For every 35 m2 of floor space occupied by the business;
ii)
For a related use to a personal or professional service home-based business use: every on-site client
that can be serviced simultaneously.
iii)
For every employee who are not residents in the dwelling.
d) No open storage or outdoor display associated with the business shall be permitted.
e) The external appearance of the dwelling is consistent with a residential use.
f) Signage advertising the business shall comply with the requirements set out in Part 4 of this Bylaw.
g) The business use may employ a maximum of 2 employees who are not residents in the dwelling.
h) No home-based business may have mechanical or electrical equipment that creates external noise or
interferes with electronic equipment in adjacent dwellings.
i) A maximum of 3 client visits at a time is permitted for a personal or professional service home-based
business use excluding Home-Based Daycares.
6.2.3. Home-Based Business Uses Permitted in Residential Neighbourhood Zones
a) Home-Based Daycare uses shall be permitted as a home-based business.
b) Office and Professional uses permitted as a home-based business shall include, but not be limited to:
i)
Professional office services, health care services, administrative and consulting services, administrative
offices for businesses conducted off-site, technology or arts professionals and insurance or property
appraisal practitioners.
ii)
Business representatives managing a direct sales organization for product distribution, but not regular
direct sales of product from residence.
c) Goods and Service uses permitted as a home-based business shall include, but not be limited to:
i)
Personal care services, private instruction or tutoring in the arts, sciences or technologies, the crafting
or repair of household goods, small engines and motors and appliances, computers, recreational
equipment (not recreational motorized vehicles), personal affects or upholstery, seasonal retailing of
garden produce/plants, engraving wood, metal, stone setting and selling, and the making and selling
of crafts.
Page 6-4
PART 6 - RESIDENTIAL NEIGHBOURHOOD ZONES
ii)
Mail order, or digital sales where the customer does not enter the premises to pick up goods on-site.
d) Uses prohibited as a home-based business shall include, but not be limited to:
i)
Automotive repair, automotive sales or welding shops;
ii)
Abattoirs, butchers, and the cutting & wrapping of meat;
iii)
Care centres.
6.2.4. Requirements for Bed and Breakfasts
The following special provisions shall be required for a bed and breakfast:
a) Parking for a bed and breakfast shall be 1 space per rental room, and shall be located at the side or rear of
the property. Where it is not feasible to do so as a result of existing building or lot configuration, parking
may be permitted at the front of the property.
b) Signage advertising the business shall comply with the requirements set out in Part 4 of this Bylaw.
6.2.5. Width to Length Ratio for Residential Buildings
A development permit shall not be issued for a residential dwelling in an CR, LR, R1 or R2 Zone unless the
following design standard for the dwelling is adhered to, exclusive of any additions: the length of the dwelling
must not exceed the most common minimum width of the dwelling (normally measured at the centre point
of the dwelling) by a ratio of 3 to 1, that is the length must not exceed 3 times the prevalent width, except for
the replacement of mini-home homes which were lawfully existing at the time the Bylaw came into effect.
Mini-home dwellings as per the definition are not permitted. Residential dwellings where the majority of the
structure is constructed using shipping containers shall be exempt from the width to length ratio requirements
of this section.
6.2.6. Site Plan Criteria
The Development Officer shall approve a site plan application where the following matters have been ad
dressed by the applicant:
a) The location of structures on the lot:
i)
All proposed and existing structures and areas for outdoor storage & display are identified on the site
plan.
b) The location of off-street loading and automotive parking facilities:
i)
All proposed and existing automotive parking is identified on the site plan; and
ii)
All proposed automotive parking is located in a manner which allows for the effective circulation of
vehicles within the site and for the safety of pedestrians within the parking area.
iii)
Requirements of the Land Use Bylaw dealing with off-street loading and parking facilities may be
varied by a site-plan approval
c) The location of bicycle parking facilities:
i)
All proposed and existing bicycle parking is identified on the site plan; and
ii)
All proposed bicycle parking is located in a manner which allows for the effective circulation of
vehicles within the site and for the safety of pedestrians within the parking area.
iii)
Requirements of the Land Use Bylaw dealing with bicycle parking facilities may be varied by a site-plan
approval
d) The location, number and width of driveway accesses to streets
i)
All proposed and existing driveway accesses are identified on the site plan; and
ii)
All proposed driveway accesses are of a sufficient width to allow for the safe and efficient movement
of vehicles to and from the site.
Page 6-5
LAND USE BY-LAW - EAST HANTS OFFICIAL COMMUNITY PLAN
e) The type, location, and height of walls, fences, hedges, trees, shrubs, ground cover, or other landscaping
necessary to protect and minimize the land use impact on adjoining lands:
i)
All requirements under the Land Use Bylaw for landscaping and hedges or fencing used for buffering
are identified on the site plan including proposed landscaping for yard setbacks, parking areas, and
property lines;
ii)
All open storage including refuse containers are buffered with an opaque fence or hedge sufficient to
screen the storage area from adjacent properties and the street; and
iii)
Sufficient landscaping including trees, shrubs, grass, and other ground cover shall be provided around
any structures on the site and any parking areas to minimize the visual and environmental impact of
the use on the surrounding area.
f) The retention of existing vegetation:
i)
All retained vegetation including trees, shrubs, and ground cover is identified on the site plan.
g) The location of walkways, the type of surfacing material, and all other means of pedestrian access:
i)
All proposed walkways are identified on the site plan and are located to provide safe and accessible
pedestrian access to the commercial entrance from the parking area and from the street; and
ii)
All walkways are surfaced with a paving material such as brick, cobblestone, concrete, or any other
suitable material to clearly delineate pedestrian walkways from vehicle circulation areas.
h) The type and location of outdoor lighting:
i)
Exterior lighting used to illuminate any area within the site is located in a manner which would not
reflect onto adjacent properties or the street; and
ii)
Lighting is sufficient to provide safety and convenience for both pedestrians and vehicles accessing all
public areas of the site.
i) The location of facilities for the storage of solid waste:
i)
All facilities for the storage of solid waste are identified on the site plan; and
ii)
All solid waste storage is located so that such waste is not openly visible from the immediate area
surrounding the commercial use, any surrounding properties, or the street.
j) The grading or alteration in elevation or contour of land and provision for the management of storm and
surface water:
i)
All development within the site is undertaken to not alter the elevation or contour of the land including
the excessive removal of topsoil beyond that required for basic lot grading necessary to locate any
structures, roads, parking, or driveways;
ii)
Any alteration of land including the removal of topsoil shall be undertaken in a manner which does not
impact negatively on the natural function of any watercourse abutting the property or located on the
property including runoff and erosion; and
iii)
The site plan identifies measures for the effective drainage of stormwater within the site as well as any
downstream or upstream areas which may be affected by the development.
k) All matters considered by site plan approval shall be adequately maintained.
6.2.7. Additional Evaluation Materials for Site Plan Approval Uses
Before a development permit is issued, the Development Officer shall be provided with the following
information when considering a site plan approval use:
a) Building elevations to scale showing the front, side and rear elevations of the proposed development
including all existing and proposed building elements.
b) A site plan meeting the requirements of this section.
c) a letter provided by the applicant indicating that the applicant and/or owner agrees to carry out the terms
of the site plan.
Page 6-6
PART 6 - RESIDENTIAL NEIGHBOURHOOD ZONES
d) Any other information the Development Officer deems necessary to properly evaluate the proposal.
6.2.8. Exemptions from Site Plan Approval
The following matters do not require site plan approval, however all other requirements of this Bylaw shall be
met before a development permit is issued:
a) Temporary Construction Uses;
b) The addition of vegetation on the property;
c) Building repairs;
d) Signage on a property where no site plan approval is currently applicable, or where signage is not indicated
on an existing site plan;
e) Accessory structures on a property where no site plan approval is currently applicable;
f) Installation, replacement or repair of minor building features, including a change in size of windows and
doors that do not face streetlines;
g) Assuming adequate parking is provided according to the general provisions section:
i)
Change of use or tenancy;
ii)
Interior renovations;
iii)
Additions having a gross floor area of 75 m2 or less provided floor area maximums are met, and street-
facing facades are not changed.
6.2.9. Solar Neighbourhoods
A solar farm shall be permitted on residential neighbourhood zoned lands if the purpose of the solar farm is to
support the electricity needs of the neighbourhood.
Page 6-7
LAND USE BY-LAW - EAST HANTS OFFICIAL COMMUNITY PLAN
Single Unit Dwelling
6.3. CR: Country Residential
Detached buildings
Up to 3 storeys
Home-based businesses permitted
Accessory dwellings units permitted
To provide for and protect low-density rural
subdivisions comprised of detached, single unit
homes and residential use types compatible with a
quiet, family-living environment.
Intent
The diagram and photographs above are for illustrative purposes only.
Bed & Breakfast
CR Zone: Conditional Uses by Site Plan Approval
-
Accessory uses or accessory buildings in excess of the applicable zone requirements.
-
Home-based business uses in excess of 80 m2 up to a maximum of 140 m2 of commercial floor area.
Page 6-8
PART 6 - RESIDENTIAL NEIGHBOURHOOD ZONES
6.3.1. Zone Requirements
In the Country Residential (CR) Zone, no development permit shall be issued except in conformity with the
following requirements:
General Zone Requirements
Type of Servicing
On-Site i
Minimum Lot Area
3,720 m2
Minimum Lot Frontage
30 m
Minimum Front Yard
7.5 m
Minimum Rear Yard
10 m
Minimum Side Yard
1.8 m
Minimum Flankage Yard
6 m
Maximum Building Height
Lesser of 2½
storeys or 11 m
Conditions
i Approval from the Nova Scotia Department of the Environment is required for a on-site sewage disposal
system.
Page 6-9
LAND USE BY-LAW - EAST HANTS OFFICIAL COMMUNITY PLAN
Single Unit Dwelling
6.4. LR: Lakeshore Residential
Detached buildings
Up to 2½ storeys
Home-based businesses permitted
Accessory dwellings units permitted
To provide for and protect lakeshore residential
communities comprised of detached, single-family
homes and residential use types compatible with a
quiet, family-living environment.
Intent
The diagram and photographs above are for illustrative purposes only.
A
Regulations on facing page.
Boathouse
LR Zone: Conditional Uses by Site Plan Approval
-
Accessory uses or accessory buildings in excess of the applicable zone requirements.
-
Home-based business uses in excess of 80 m2 up to a maximum of 140 m2 of commercial floor area.
Page 6-10
PART 6 - RESIDENTIAL NEIGHBOURHOOD ZONES
6.4.1. Zone Requirements
In the Lakeshore Residential (LR) Zone, no development permit shall be issued except in conformity with the
following requirements:
General Zone Requirements
Type of Servicing
On-Site i
Minimum Lot Area
3,720 m2
Minimum Lot Frontage
30 m
Minimum Front Yard
7.5 m
Minimum Rear Yard
10 m
Minimum Side Yard
1.8 m
Minimum Flankage Yard
6 m
Maximum Building Height
Lesser of 2½
storeys or 11 m
Conditions
i Approval from the Nova Scotia Department of the Environment is required for a on-site sewage disposal
system.
6.4.2. Boathouses and Docks
In the Lakeshore Residential (LR) Zone a maximum of one boathouse and one dock shall be permitted in
accordance with the following provisions:
a) The area of the boathouse shall not exceed a total ground area of 65 m2.
b) Boathouses shall only be used for the storage of boats, watercraft like canoes and kayaks, and associated
marine accessories and equipment.
c) A boathouse shall have a maximum width of 7 m on the side that is most parallel to the shoreline.
d) A dock shall have a maximum width of 3 m at the shoreline.
e) A maximum of 25% of the shoreline frontage or up to 10 m of shoreline frontage, whichever is the lesser,
may be used for a combination of the boathouse and dock.
6.4.3. Shoreline Vegetation
Natural vegetation within 10 m of the normal high water mark of any lake shoreline is to remain undisturbed
except to allow for the construction of docks, boathouses and a maximum 1.8 m width walkway. In addition,
up to 35% of trees and underbrush may be removed to enable a filtered view of the lake. Nothing in this
section shall prevent the removal of a dangerous or diseased tree.
Page 6-11
LAND USE BY-LAW - EAST HANTS OFFICIAL COMMUNITY PLAN
6.5. R1: Established Residential Neighbourhood
Detached buildings
Small footprint
Up to 2½ storeys
Home-based businesses permitted
Accessory dwellings units permitted
Corner lot two unit buildings
To provide for and protect neighbourhoods
comprised of detached, single unit homes and
residential use types compatible with a quiet, family-
living environment. Duplex uses are permitted on
corner lots which are designed to be compatible
with adjacent dwellings.
Intent
The diagram and photographs above are for illustrative purposes only.
R1 Zone: Conditional Uses by Development Agreement
-
Zero Lot Line Developments subject to the requirements of the Municipal Planning Strategy for areas
which do not border Grand Lake.
R1 Zone: Conditional Uses by Site Plan Approval
-
Accessory uses or accessory buildings in excess of the applicable zone requirements.
-
Home-based business uses in excess of 80 m2 up to a maximum of 140 m2 of commercial floor area.
Two Unit Dwellings uses where:
-
lots are serviced by wastewater and water services;
-
the lot is a corner lot, fronted on both corners by a public road;
-
proposals comply with the design requirements of this zone;
-
the lot does not border Grand Lake.
Corner Lot Semi-Detached
Single Unit Dwelling
Page 6-12
PART 6 - RESIDENTIAL NEIGHBOURHOOD ZONES
6.5.1. Zone Requirements
In the Established Residential Neighbourhood (R1) Zone, no development permit shall be issued except in
conformity with the following requirements:
General Zone Requirements
Type of Servicing
Sewer and Water
Sewer Only
On-Site i
Minimum Lot Area
500 m2
920 m2
3,720 m2
Minimum Lot Frontage
16 m
22 m
30 m
Minimum Front Yard
5 m
5 m
7.5 m
Minimum Rear Yard
6 m
7 m
10 m
Minimum Side Yard
1.8 m
1.8 m
1.8 m
Minimum Flankage Yard
5 m
6 m
6 m
Maximum Building Height
Lesser of 2½
storeys or 11 m
Lesser of 2½
storeys or 11 m
Lesser of 2½
storeys or 11 m
Conditions
i Approval from the Nova Scotia Department of the Environment is required for a on-site sewage disposal
system.
6.5.2. Two Unit Dwelling Design Requirements
Two Unit Dwelling uses must conform with the
following design requirements:
a) Two Unit Dwelling uses must provide a frontal
facade design to both street frontages, or where
a lot configuration makes this impractical, a
distinctive architectural treatment at the corner
is required such as spires, turrets, belvederes,
porticos, arcades, or archway.
b) Two Unit Dwellings must be designed to be appear as a single unit dwelling.
i)
Articulation is required on each street-facing facade of the building. This may be achieved through
porches, bay windows, recessed entrances, changes in materials, and architectural details.
ii)
Exterior siding materials must be carried down to within 20 cm of grade. Only 20 cm of exposed
foundation is permitted on any street-facing facade elevation.
iii)
Garages entrances must be located behind the main entrances to the dwelling.
iv)
A maximum of one garage entrance may be located on a street-facing facade.
c) The Two Unit Dwelling should be located close to the property line of street facing facades in order to
frame the corner: a maximum front and flankage yard of 6 m is permitted.
Page 6-13
LAND USE BY-LAW - EAST HANTS OFFICIAL COMMUNITY PLAN
6.5.3. Grand Lake Properties
For R1 zoned properties bordering Grand Lake, the following shall apply:
a) A maximum of one boathouse and one dock shall be permitted in accordance with the following provi
sions:
i)
The area of the boathouse shall not exceed a total ground area of 65 m2.
ii)
Boathouses shall only be used for the storage of boats, watercraft like canoes and kayaks, and associ
ated marine accessories and equipment.
iii)
A boathouse shall have a maximum width of 7 m on the side that is most parallel to the shoreline.
iv)
A dock shall have a maximum width of 3 m at the shoreline.
v)
A maximum of 25% of the shoreline frontage or up to 10 m of shoreline frontage, whichever is the
lesser, may be used for a combination of the boathouse and dock.
b) Natural vegetation within 10 m of the normal high water mark of any lake shoreline is to remain undisturbed
except to allow for the construction of docks, boathouses, and walkways 1.8 m in width. In addition, up to
35% of trees and underbrush may be removed to enable a filtered view of the lake. Nothing in this section
shall prevent the removal of a dangerous or diseased tree.
c) Zero Lot Line Development agreement provisions shall be inoperative.
Page 6-14
PART 6 - RESIDENTIAL NEIGHBOURHOOD ZONES
6.6. R2: Two Dwelling Unit Residential Zone
Detached buildings
Small footprint
Up to 2½ storeys
Buildings near the lot middle-front
Home-based businesses permitted
Concealed or screened parking
To provide for a range of affordable two-unit
dwelling options such as duplexes, semi-detached
dwellings & linked dwellings. A limited range of small
multiplex units are also allowed in the zone when
designed to be compatible. Supportive commercial
uses such as convenience stores and Live/Work uses
are also permitted when designed to be compatible.
Intent
The diagram and photographs above are for illustrative purposes only.
Small Multiplex
Semi-Detached Dwelling
Single Detached Dwelling
Bed & Breakfast
R2 Zone: Conditional Uses by Development Agreement
-
Accessory buildings in excess of the applicable zone requirements.
-
Institutional Use (IU) Zone uses.
-
Zero Lot Line Developments subject to the requirements of the Municipal Planning Strategy.
Page 6-15
LAND USE BY-LAW - EAST HANTS OFFICIAL COMMUNITY PLAN
6.6.1. General Zone & Two Unit Dwelling Requirements
In the Two Dwelling Unit Residential Zone (R2) Zone, no development permit shall be issued except in
conformity with the following requirements:
a) The following requirements are satisfied:
Type of Servicing
Sewer and Water
Sewer Only
On-Site i
Minimum Lot Area ii
550 m2
920 m2
3,720 m2
Minimum Lot Frontage
18 m
18 m
30 m
Minimum Front Yard
5 m
5 m
5 m
Minimum Rear Yard
6 m
6 m
10 m
Minimum Side Yard
-
Common Wall iii
-
Detached Wall
0 m
1.8 m
0 m
1.8 m
0 m
2 m
Minimum Flankage Yard
5 m
6 m
6 m
Maximum Building Height
Lesser of 2½
storeys or 11 m
Lesser of 2½
storeys or 11 m
Lesser of 2½
storeys or 11 m
Conditions
i Approval from the Nova Scotia Department of the Environment is required for a on-site sewage disposal
system.
ii The minimum lot area and frontage may be subdivided into two lots so each lot contains a single unit pro
vided half of the minimum lot area and frontage is met for each lot. Only applicable to semi-detached and
linked dwellings, where Municipal services are available.
iii In order to subdivide between two units of a Linked Dwelling, the inward facing linked dwelling walls must
meet the minimum separation distance of the building code.
b) A development permit may be issued to permit a second single unit dwelling on a lot provided the
proposed second dwelling is located so that the property could be subdivided into two separate lots,
each containing one of the dwellings, with both resulting lots in compliance with the above minimum lot
standard requirements for the R2 Zone.
c) Two Unit Dwelling located on a lot serviced by municipal water and waste water services may be
subdivided into 2 lots provided:
i)
Each lot shall contain no more than a single unit;
R2 Zone: Conditional Uses by Site Plan Approval
-
Convenience Store uses where:
-
the lot is a corner lot, fronted on both corners by a public road;
-
the lot fronts on a major collector or arterial road;
-
proposals comply with the design requirements of this zone
-
Live/Work uses where:
-
the lot is a corner lot, fronted on both corners by a public road;
-
the lot fronts on a major collector or arterial road;
-
proposals comply with the design requirements of this zone
-
Fourplex uses where:
-
the lot is a corner lot, fronted on both corners by a public road;
-
the lot fronts on a major collector or arterial road;
-
proposals comply with the design requirements of this zone
-
Home-based business uses in excess of 80 m2 up to a maximum of 140 m2 of commercial floor area.
Page 6-16
PART 6 - RESIDENTIAL NEIGHBOURHOOD ZONES
ii)
Each dwelling unit has separate service connections;
iii)
All applicable provisions of the East Hants Municipal Subdivision Bylaw are satisfied.
6.6.2. Live/Work, Convenience Store & Fourplex Site Plan Approval
Application Requirements
A site plan approval application may be considered for the following uses listed on the table below, provided
the following requirements, and all other requirements of this Bylaw are met:
a) The lot is a corner lot, fronted on both corners by a public road;
b) The lot fronts on a Provincial Route or Collector Highway as indicated in Appendix B of the Municipal
Planning Strategy.
c) The following requirements are satisfied:
Retailers & Rental
Services, General
(Convenience
Store): Sewer &
water or Sewer
only
Retailers & Rental
Services, General
(Convenience
Store): On Site
Live/ Work: Sewer
& water or Sewer
only
Multiplex, Small
(Fourplex) Sewer
& water or Sewer
only
Minimum Lot area
700 m2
3,720 m2
700 m2
Larger of 600 m2
or 175 m2 per
dwelling unit
Maximum Ground Floor
Area
235 m2
235 m2
235 m2
225 m2
Minimum Lot Frontage
23 m
30 m
23 m
18.5 m
Minimum Front Yard
5 m
5 m
5 m
5 m
Minimum Rear Yard
6 m
10 m
6 m
6 m
Minimum Side Yard
4.5 m
4.5 m
4.5 m
4.5 m
Minimum Flankage Yard
6 m
6 m
6 m
6 m
Maximum Building
Height
Lesser of 2½
storeys or 11 m
Lesser of 2½
storeys or 11 m
Lesser of 2½
storeys or 11 m
Lesser of 2½
storeys or 11 m
Maximum Number of
Dwelling Units
1
1
1
4
Maximum Lot Coverage
50%
50%
50%
50%
d) Site plans shall be required for site plan approval uses in an R2 Zone pursuant to site plan provisions under
the Municipal Government Act. The site plan shall be prepared by a qualified professional of sufficient detail
to address all of the matters identified above and in the Site Plan Approval Design Requirements of this
section. The site plan must:
i)
Identify the location of all existing easements.
e) No development permit shall be issued in an R2 Zone for a site plan approval use, unless a site plan has
been approved, pursuant to the Site Plan Approval Design Requirements of this section, and provided the
applicant has entered into a written agreement to carry out the terms of the site plan.
6.6.3. Fourplex Design Requirements
Page 6-17
LAND USE BY-LAW - EAST HANTS OFFICIAL COMMUNITY PLAN
a) Multiplex, Small (Fourplexes) must be designed to appear as a single unit dwelling.
i)
Articulation is required on each street-facing facade of the fourplex. This may be achieved through
porches, bay windows, recessed entrances, changes in materials, and architectural details.
ii)
Exterior siding materials must be carried down to within 20 cm of grade. Only 20 cm of exposed
foundation is permitted on any street-facing facade elevation.
iii)
Garage entrances must be located behind the main entrances to the dwelling.
iv)
A maximum of one garage entrance may be located on a street-facing facade.
6.6.4. Live/Work Design Requirements
a) Live/Work uses must be designed to appear primarily as a single unit dwelling.
i)
The external appearance of buildings must be consistent with a residential use.
ii)
No outdoor storage or outdoor display associated with the business shall be permitted.
iii)
Signage advertising the business shall comply with the requirements set out in Part 4 of this Bylaw.
iv)
The business use may employ a maximum of 2 employees who are not residents in the dwelling.
v)
No live/work use may have mechanical or electrical equipment that creates external noise or interferes
with electronic equipment in adjacent dwellings.
vi)
A maximum of 5 client visits at a time is permitted for a personal or professional service home-based
business use.
6.6.5. Site Plan Approval Design Requirements
a) Site plan approval uses in an R2 Zone must meet the following requirements to the satisfaction of the
Development Officer:
i)
Developments on corner sites must provide a frontal facade design to both street frontages;
ii)
The location of new structures and parking and loading facilities on the lot shall minimize negative
impacts to the surrounding neighbourhood, including fumes, lighting, or other nuisances to occupants
of nearby residences;
iii)
Walls, fences, hedges, trees, shrubs, ground cover or other landscaping elements, or a combination
thereof, shall be provided as is necessary to protect and minimize negative land use impact on
neighbouring properties;
b) Signage requirements in the rest of the Bylaw may be varied by site plan approval. The type, location,
number and size of signs or sign structures must not negatively alter the appearance of the streetscape or
neighbourhood.
Page 6-18
PART 6 - RESIDENTIAL NEIGHBOURHOOD ZONES
6.7. MH: Mini-Home Zone
Detached mini-home developments
Concealed or screened parking
No accessory dwellings
To provide for mini-home communities. Ancillary
buildings and services are also permitted in this zone.
Intent
The diagram and photographs above are for illustrative purposes only.
Mini-Home
6.6.1. Zone Requirements
No development permit shall be issued for the MH Zone except in conformity with the following requirements:
a) The proposed dwelling must be sited so that the property could be subdivided into 2 separate serviced lots,
with both resulting lots in compliance with the minimum serviced lot requirements of the MH Zone.
b) The requirements below are satisfied:
Minimum Lot area
6,000 m2
Maximum Density
8 units / 4,050 m2
Minimum Setback from any property line
12.2 m
c) When submitting an application for approval of a new mini-home community, the applicant must submit a
detailed plan of the proposed mini-home community:
i)
North point designated true or magnetic, scale and date.
ii)
Name and address of applicant.
iii)
Name of the proposed mini-home community.
iv)
Area and dimensions of the mini-home community with accurate distances and bearings as
determined by survey.
Page 6-19
LAND USE BY-LAW - EAST HANTS OFFICIAL COMMUNITY PLAN
v)
Number, location, and size of all mini-home spaces.
vi)
Location, gradient, and width of all streets.
vii) Existing rights of way.
viii) Contours of the lands involved at an interval of not greater than 1.5 m.
ix)
All connections to existing public highways.
x)
Location and use of all proposed and existing buildings on the lands.
xi)
Location and use of all buildings on adjoining properties within 150 m.
xii) Location and description of all services which may be required by this or any other Bylaw or any Act of
the legislature.
d) No person(s) shall operate a mini-home community unless:
i)
Each mini-home space is at least 464 m2 in area.
ii)
The distance from a street right-of-way to all mini-homes is at least 12.2 m measured at right angles
to the right of way.
iii)
All mini-homes are at least 12.2 m from the nearest side and rear boundary line.
iv)
Each mini-home space is at least 15.2 m wide in its least dimension or width and at least 30.5 m in
length.
e) Mini-home spaces shall be of such elevation, distance and angle in relation to access streets and the
mini-home home space that placement and removal of a mini-home home can be accomplished without
infringement on other property or another mini-home space, or allowing the undercarriage of the mini-
home to make contact with the ground. Planks of steel mats shall be made available by the community
operator and shall be used during placement or removal of a mini-home except on paved or graveled
access-ways.
f) The limits of each mini-home space shall be permanently marked on the ground by flush stakes, markers,
or other suitable means.
g) No mini-home space shall be accessible directly to any street external to the community.
h) Off street parking shall be provided at the rate of 1 standard space per mini-home space.
i) Not less than 10% of the developed site area shall be developed exclusively for recreation and public open
space uses.
j) A mini-home community shall be located on a properly drained site that is above the high water line, is
at all times free of stagnant water pools, is graded for rapid drainage and shall not be located so that its
drainage will endanger any water supply or contaminate any lake or river.
i)
No advertising sign or other device shall be allowed except as follows:
ii)
Not more than 1 ground sign shall be permitted.
iii)
The surface area of the sign shall not exceed 9.75 m2.
iv)
Flashing signs shall not be permitted.
v)
The sign or its illuminator shall not cast a reflection upon any mini-home.
vi)
The sign or its illuminator shall not, by reason of its location, shape or colour, interfere with traffic or
be confused with or obstruct the view or effectiveness of any official traffic sign, signal, or marking.
vii) Ground signs shall have a setback of 2.5 m.
viii) No sign shall be located so as to cast a shadow on any mini-home space during the period between
one hour after sunrise and one hour before sunset.
ix)
The owner of a sign shall maintain it in good condition.
x)
When a sign is not maintained in good condition the owner of the sign shall carry out maintenance
or remove it within 10 days of a written request to do so from the Municipal Bylaw Enforcement
Page 6-20
PART 6 - RESIDENTIAL NEIGHBOURHOOD ZONES
Development Officer.
k) The owner of the mini-home shall maintain it in good repair and a clean sanitary condition.
l) Cul-de-sacs shall have a turning circle at the dead end with a radius as required by the Municipality of East
Hants, and a length not exceeding 76.2 m.
m) All mini-home spaces and other facilities within a mini-home community shall be served by an internal
private street within the Mini-home Community. All streets shall have a minimum right-of-way of 20 m.
n) Internal community streets shall be provided with street lighting equipment satisfactory to the Municipal
Building inspector and/or Transportation Engineer.
o) Mini-home Communities shall be connected to a private wastewater and water system owned and
maintained by the owner of the Mini-home community.
p) Each mini-home shall, within 30 days of its being placed on a mini-home stand, have appropriate skirts or
other screening installed on all four sides.
q) Mini-home wheels, once removed, must either be stored in a safe, sheltered, convenient place provided
within the mini-home community, or stored under the mini-home in such a manner that they are not
visible.
r) The owner of the mini-home community shall apply to the Municipal Development Officer for a
development/building permit before a mini-home arrives to the community, and the following information
will be required.
i)
Name and address of the owner of the mini-home.
ii)
Make, size, and year of mini-home.
iii)
Serial number of mini-home.
iv)
Lot number the mini-home is to be placed on.
Regulation
Amendment Date
Description
Page 7-1
LAND USE BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
PART 7
Mixed Use Zones
Page 7-2
PART 7 - MIXED USE ZONES
7.1.
Mixed Use Zones Permitted Uses
The table below summarizes the uses permitted in all Mixed Use Development Zones. For conditions
associated with the uses, see the specific section referencing that zone.
-
R2-T - Townhouse
-
R3 - Multiple Unit Residential
-
MC - Mixed Use Centre
-
VC - Village Core
-
WCDD - Walkable Comprehensive District Development
Uses
R2-T
R3
MC
VC
WCDD
Accommodations, Bed & Breakfast
-
P
P
SP
-
Accommodations, Employee
-
-
SP
-
-
Accommodations, General
-
-
SP
SP
-
Animal Hospitals & Veterinary Offices
-
-
SP
SP
-
Automobile Dealers & Rentals
-
-
-
-
-
Automobile Service Station
-
-
SP
DA
-
Automobile Vehicle Repair & Maintenance
-
-
SP
-
-
Bank & Financial Institutions
-
-
SP
SP
-
Brewery, Distillery & Winery
-
-
SP
SP
-
Business Support Services & Printing
C
C
SP
SP
-
Car Wash
-
-
-
-
-
Commercial Club
-
-
SP
-
-
Couriers & Messengers
-
-
SP
SP
-
Daycare, General
-
C
SP
SP
-
Daycare, Home-Based
C
C
SP
SP
-
Drinking Establishment open after 1 am
-
-
DA
DA
-
Drinking Establishment open until 1 am
-
-
SP
SP
-
Dwelling, Multiplex (Large)
-
SP
SP
-
-
Dwelling, Multiplex (Small)
C
SP
SP
-
-
Dwelling, Single Unit
-
-
-
C
-
Dwelling, Townhouse (Cluster)
SP
C
SP
-
-
Dwelling, Townhouse (On-Street)
SP
C
SP
-
-
Dwelling, Townhouse (Stacked)
SP
C
SP
-
-
Dwelling, Two Unit
C
C
-
C
-
Educational Services
-
-
SP
SP
-
Funeral Services
-
-
SP
SP
-
Gambling Industries
-
-
SP
-
-
Government Offices & Facilities
-
-
SP
SP
-
Health Care Services
SP
SP
SP
SP
-
Home-Based Business
C
C
C
C
-
Movie Theatre
-
-
SP
-
-
PART 7: MIXED USE ZONES
Page 7-3
LAND USE BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
Uses
R2-T
R3
MC
VC
WCDD
Office & Professional Services
C
C
SP
SP
-
Personal Care Services
C
C
SP
SP
-
Recreation Facility, Indoor
C
C
SP
-
-
Repair & Maintenance
-
-
SP
-
-
Restaurant, Drive-Thru
-
-
DA
DA
-
Restaurant, Full & Limited Service
-
-
SP
SP
-
Restaurant, Take-Out
-
-
SP
SP
-
Retailers & Rental Services
-
C
SP
SP
-
Shopping Centre
-
-
SP
-
-
Social Enterprise
-
-
SP
SP
-
Special Care (Nursing Home)
SP
SP
SP
SP
-
Special Care (Residential Care Facility, Home for
Special Care or Group Home)
SP
SP
SP
SP
-
Tradesperson & Craftsperson Businesses &
Offices
-
-
SP
SP
-
Urban Cottage Developments
SP
C
C
-
-
Institutional (IU) Zone Uses
-
-
DA
SP
-
Public buildings and places of worship that do
not meet form-based zone requirements.
-
-
-
DA
-
Open Space (OS) Zone Uses subject to the
requirements of that zone.
P
P
P
SP
-
Conversion of existing buildings into multiple unit
residential buildings with 10 units or less.
-
-
-
SP
-
Multiplex with a minimum of 8 dwelling units to
a maximum of 12 dwelling units subject to the
Form-Based Zone Requirements for the Village
Core (VC) Zone.
-
-
-
SP
-
Automobile detailing as a secondary use to the
primary commercial or residential use of the
property.
-
-
-
SP
-
Mixed use buildings with commercial on the
ground floor and up to a maximum of 12 dwell
ing units above the commercial use.
-
-
-
SP
-
Conversion of a commercial building to a single
or two unit residential dwelling in a structure that
was originally constructed as a residential build
ing.
-
-
-
P
-
Lawfully Existing Uses
P
P
P
P
-
P - Permitted as-of-right through a development permit.
SP - Permitted by site plan approval.
DA - Permitted to apply to Council for a development agreement: note that other restrictions may apply.
C - Conditionally permitted: discretionary approval may apply, view zone requirements.
Page 7-4
PART 7 - MIXED USE ZONES
7.2. General Provisions for Mixed Use Zones (Excluding Village Cores)
7.2.1. Amenity Area Requirements
a) Amenity areas shall be provided for residential uses in accordance with the table below:
Minimum
Private Outdoor
Amenity Area
Requirements
Private
Outdoor
Amenity Area
Layout
Minimum Common
Amenity Area
Requirements
Common Outdoor
Outdoor
Amenity Area Layout
Townhouse
dwelling unit
(grade-level unit)
40 m2 per unit
-
Minimum
depth of
1.8 m
Developments with
8 units or more:
Greater of 100 m2 or
10 m2 per unit
Common outdoor
amenity area is not
required for on-
street townhouses.
Common outdoor
amenity areas shall not
be divided into more than
two pieces, and each area
shall have a minimum
width of 6 m.
Townhouse
dwelling unit
(above-grade unit)
40 m2 per unit
-
Minimum
depth of
1.8 m
Developments with
12 units or more: 10
m2 per unit
Common outdoor
amenity areas shall not
be divided into more than
two pieces, and each area
shall have a minimum
width of 6 m.
Multiplex dwelling
unit
Required only for
developments
above 16 units:
an average of
2 m2 per unit
which is not
required to be
evenly distributed
between units.
-
Minimum
depth of
1.8 m
Developments
between 3-8 units:
Greater of 50 m2 or
10 m2 per unit of
common outdoor
amenity area
Developments of 9
units or more: 10 m2
of common outdoor
amenity area per
unit,
Developments with
24 units or more:
50 m2 of common
indoor amenity area
is required.
Common outdoor
amenity areas shall not
be divided into more than
two pieces, and each area
shall have a minimum
width of 6 m.
Common outdoor
amenity areas shall not be
located in the front yard.
Cottage Housing
Development
dwelling unit
-
-
Greater of 150m2
total or 25m2 per unit
of common outdoor
amenity area.
Common outdoor
amenity areas shall not
be divided into more than
two pieces.
Each common outdoor
amenity area shall have
minimum size of 150 m2
Special Care
Home rooming
unit
-
-
Greater of 65 m2 or 8
m2 per rooming unit
Common outdoor
amenity areas shall not
be divided into more than
two pieces.
b) A Common outdoor amenity area shall conform with the following:
i)
Shall be available to all residents of the development, including being barrier free;
Page 7-5
LAND USE BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
ii)
Shall have no dimension less than 6.0 m and no slope greater than 5%;
iii)
Be designed and located so that the length does not exceed 4 times the width;
iv)
Shall have access to sunlight and shade;
v)
Seating shall be provided;
vi)
Walkways from the main entrance of the building(s) to the outdoor amenity space shall be provided;
vii) A landscape plan shall be prepared for approval by the Development Officer;
viii) Shall be located a minimum of 5 m from adjoining residential uses;
ix)
Outdoor common amenity space may be located on a rooftop terrace where the outside perimeter of
the terrace is located a minimum of 3 m from the edge of the building; and
x)
For larger developments consisting of multiple buildings, one central common outdoor amenity space
may be designed for the use of all residents.
7.2.2. Landscaping Requirements
All properties shall be landscaped according to the following requirements:
i)
The landscape requirements of the table below shall be met:
ii)
Parking lots shall be landscaped in accordance with the general requirements section of this Bylaw.
a) Required landscaping shall comply with the following perennial planting requirements
i)
Large (over 10 m) maturing deciduous trees minimum size shall be 50 mm caliper measured at 1.5 m
from ground level with a minimum 3.5 m height at time of planting.
ii)
Evergreen trees shall be a minimum of 1.5 m height measured from ground level at time of planting.
iii)
Twigged deciduous and evergreen shrubs and hedges shall be a minimum 11 L container with a height
of 0.6 m measured from ground level at time of planting.
7.2.3. General & Vegetated Buffer Requirements
a) Vegetated buffers shall comply with the following requirements:
i)
Shall be designed to provide a continuous screen within 3 years of its initial installation that is equally
effective during all seasons.
ii)
Shall be well maintained so that it provides adequate screening, and does not pose a threat to public
safety or become unsightly over time.
iii)
Shall consist of existing trees and vegetation, where possible.
iv)
May incorporate additional landscaping features and fencing, in addition to vegetation, where
necessary, to provide appropriate screening.
b) Where a property abuts a Residential Neighborhood Zone, Residential Neighborhood Zone use, institutional
use, or agricultural use, the requirements of one of the options of the table below shall be met for the
portion of the property which is being used for commercial or multiple unit residential purposes including
any structures, parking, display, loading docks, utility structures or storage areas:
Page 7-6
PART 7 - MIXED USE ZONES
Buffer Option
Option Requirements
Example Diagram
Option 1
A solid wall or opaque wooden fence no less
than 1.8 m in height; or with the finished side
of the fence facing the abutting property.
Fences longer than 8 m shall be landscaped
at the base with trees or shrubs planted in a
minimum 1.5 m wide planting area spaced
no further than 3 m apart with the planted
area facing the public right-of-way or
abutting properties.
Option 2
A continuous opaque hedge of evergreen
and/or densely twigged deciduous shrubs,
planted in a minimum 1.5 m wide strip
spaced a maximum of 1.5 m apart.
Option 3
A row of alternating evergreen trees
and evergreen and/or densely twigged
deciduous shrubs, planted no more than 3
m apart, or the retention of a well-vegetated
span of vegetation at least 6 m wide.
Option 4
Any combination of options 1, 2, or 3.
Option 5
A turfed berm of not less than 1 m in height
planted on the crest with a continuous
opaque hedge of evergreen and/or densely
twigged deciduous shrubs, planted in a
minimum 0.5 m wide strip.
The diagrams above are for illustrative purposes only.
7.2.4. Outdoor Lighting
Driveways, walkways, parking areas, circulation roads, and service areas shall be clearly delineated by lighting
fixtures that shall be installed so as to reflect light away from adjacent streets and residential areas.
7.2.5. Outdoor Storage & Display Buffer Requirements
a) Outdoor storage of goods and materials shall be subject to the following requirements:
i)
Open storage shall be permitted in the rear yard only.
ii)
Open storage that abuts a public right-of-way shall be buffered along the abutting property line
corresponding to the extent of the storage area with an opaque fence a minimum of 1.8 m in height or
a vegetated buffer sufficient to screen the storage area.
b) Outdoor display areas shall be permitted in a side yard or a yard abutting a right-of-way provided the
following requirements are met:
i)
Outdoor display areas shall be buffered from abutting yards.
ii)
Outdoor display areas shall be located on the same lot as the primary building.
iii)
Outdoor display areas shall not exceed 25% of the gross floor area of the primary building.
iv)
Outdoor display areas shall be landscaped and maintained in a neat, tidy manner including the
trimming and upkeep of landscaped areas and the removal of debris and unsightly objects.
7.2.6. Automobile Service Station, Automobile Vehicle Repair & Maintenance, and Car
Wash Requirements
Page 7-7
LAND USE BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
a) The following requirements shall apply to Automobile Service Station, Automobile Vehicle Repair &
Maintenance, and Car Wash:
i)
The minimum distance between ramps and driveways shall not be less than 9 m.
ii)
The minimum distance from a ramp or driveway to a street intersection shall not be less than 15 m.
iii)
The minimum angle of an intersection or a ramp to a street line shall be 45 degrees.
iv)
Generic terms which are applied as facial wall signs on buildings and indicate the services provided
are not included in the calculation of the number of signs per business premise. Without limiting the
generality of the foregoing, such terms may include gas, food, brakes, wheel alignment, mufflers and
car wash.
b) The following requirements shall apply to automobile service stations:
i)
No portion of any pump island shall be located closer than 6m from any street line, except an
overhead canopy.
c) The following requirements shall apply to Automobile Vehicle Repair & Maintenance:
i)
All Automobile Vehicle Repair & Maintenance uses must occur within a fully enclosed building.
d) The following requirements shall apply to car washes:
i)
The car wash shall be located in a partially enclosed, or fully enclosed permanent structure.
ii)
Dedicated bays, separate from service bays, shall be provided for any car wash facilities.
iii)
All car wash bays or automated car washes shall include an oil/water separator.
7.2.7. Site Plan Criteria
The Development Officer shall approve a site plan application where the following matters have been
addressed by the applicant:
a) The location of structures on the lot:
i)
All proposed and existing structures and areas for outdoor storage & display are identified on the site
plan.
b) The location of off-street loading and automotive parking facilities:
i)
All proposed and existing automotive parking is identified on the site plan; and
ii)
All proposed automotive parking is located in a manner which allows for the effective circulation of
vehicles within the site and for the safety of pedestrians within the parking area.
iii)
Requirements of the Land Use Bylaw dealing with off-street loading and parking facilities may be
varied by a site-plan approval.
c) The location of bicycle parking facilities:
i)
All proposed and existing bicycle parking is identified on the site plan; and
ii)
All proposed bicycle parking is located in a manner which allows for the effective circulation of
vehicles within the site and for the safety of pedestrians within the parking area.
iii)
Requirements of the Land Use Bylaw dealing with bicycle parking facilities may be varied by a site-plan
approval.
d) The location, number and width of driveway accesses to streets:
i)
All proposed and existing driveway accesses are identified on the site plan; and
ii)
All proposed driveway accesses are of a sufficient width to allow for the safe and efficient movement
of vehicles to and from the site.
e) The type, location, and height of walls, fences, hedges, trees, shrubs, ground cover, or other landscaping
necessary to protect and minimize the land use impact on adjoining lands:
i)
All requirements under the Land Use Bylaw for landscaping and hedges or fencing used for buffering
Page 7-8
PART 7 - MIXED USE ZONES
are identified on the site plan including proposed landscaping for yard setbacks, parking areas, and
property lines;
ii)
All open storage including refuse containers are buffered with an opaque fence or hedge sufficient to
screen the storage area from adjacent properties and the street; and
iii)
Sufficient landscaping including trees, shrubs, grass, and other ground cover shall be provided around
any structures on the site and any parking areas to minimize the visual and environmental impact of
the use on the surrounding area.
f) The retention of existing vegetation:
i)
All retained vegetation including trees, shrubs, and ground cover is identified on the site plan.
g) The location of walkways, the type of surfacing material, and all other means of pedestrian access:
i)
All proposed walkways are identified on the site plan and are located to provide safe and accessible
pedestrian access to the commercial entrance from the parking area and from the street; and
ii)
All walkways are surfaced with a paving material such as brick, cobblestone, concrete, or any other
suitable material to clearly delineate pedestrian walkways from vehicle circulation areas.
h) The type and location of outdoor lighting:
i)
Exterior lighting used to illuminate any area within the site is located in a manner which would not
reflect onto adjacent properties or the street; and
ii)
Lighting is sufficient to provide safety and convenience for both pedestrians and vehicles accessing all
public areas of the site.
i) The location of facilities for the storage of solid waste:
i)
All facilities for the storage of solid waste are identified on the site plan; and
ii)
All solid waste storage is located so that such waste is not openly visible from the immediate area
surrounding the commercial use, any surrounding properties, or the street.
iii)
All solid waste storage shall be located a minimum setback of 2 m from adjoining property lines of lots
containing residential uses.
j) The grading or alteration in elevation or contour of land and provision for the management of storm and
surface water:
i)
All development within the site is undertaken to not alter the elevation or contour of the land including
the excessive removal of topsoil beyond that required for basic lot grading necessary to locate any
structures, roads, parking, or driveways;
ii)
Any alteration of land including the removal of topsoil shall be undertaken in a manner which does not
impact negatively on the natural function of any watercourse abutting the property or located on the
property including runoff and erosion; and
iii)
A stormwater management plan shall be prepared in accordance with the Municipal standards.
k) All matters considered by site plan approval shall be adequately maintained.
7.2.8. Additional Evaluation Materials for Site Plan Approval Uses
Before a development permit is issued, the Development Officer shall be provided with the following
information when considering a site plan approval use:
a) Building elevations to scale showing the front, side and rear elevations of the proposed development
including all existing and proposed building elements.
b) A site plan meeting the requirements of this section.
c) A letter provided by the applicant indicating that the applicant and/or owner agrees to carry out the terms
of the site plan.
d) Any other information the Development Officer deems necessary to properly evaluate the proposal.
Page 7-9
LAND USE BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
7.2.9. Exemptions from Site Plan Approval
The following matters do not require site plan approval, however all other requirements of this Bylaw shall be
met before a development permit is issued:
a) Temporary Construction Uses
b) The addition of vegetation on the property.
c) Building repairs.
d) Signage on a property where no site plan approval is currently applicable, or where signage is not indicated
on an existing site plan.
e) Accessory structures on a property where no site plan approval is currently applicable.
f) Installation, replacement or repair of minor building features, including a change in size of windows and
doors that do not face streetlines.
g) Assuming adequate parking is provided according to the general provisions section:
i)
Change of use or tenancy.
ii)
Interior renovations.
iii)
Additions having a gross floor area of 75 m2 or less provided floor area maximums are met, and street-
facing facades are not changed.
7.2.10. Subdivision of R1 and R2 Uses in Mixed Use Zones
a) For an Established Residential Neighbourhood (R1) Zone use building or a Two Dwelling Unit Residential
(R2) Zone use building existing on the date of adoption of this bylaw, the property may be subdivided so
that each primary building is on it's own lot, provided that the minimum requirements of that zone are met.
7.2.11. Criteria for Home-Based Businesses
An accessory building, or a combination of an accessory building and a main building my be used for a home-
based business provided that:
a) The dwelling is occupied as a residence by the operator of the business;
b) Not more than 50% of the floor area of the dwelling, or a maximum of 60 m2 of commercial floor area,
whichever is less, is devoted to the business use;
c) A minimum of 1 off-street parking space is required in addition to that required for the dwelling. The
number of off-street parking spaces provided must be the greater of 1 space:
i)
For every 35 m2 of floor space occupied by the business;
ii)
For a related use to a personal or professional service home-based business use: every on-site client
that can be serviced simultaneously.
iii)
For every employee who are not residents in the dwelling.
d) No open storage or outdoor display associated with the business shall be permitted.
e) The external appearance of the dwelling is consistent with a residential use.
f) Signage advertising the business shall comply with the requirements set out in Part 4 of this Bylaw.
g) The business use may not employ employees who are not residents in the dwelling.
h) No home-based business may have mechanical or electrical equipment that creates external noise or
interferes with electronic equipment in adjacent dwellings.
i) A maximum of 3 client visits at a time is permitted for a personal or professional service home-based
business use.
j) Site plan approval shall only be required for home-based businesses where there is a change to the original
site plan or to the subject property.
Page 7-10
PART 7 - MIXED USE ZONES
7.2.12. Home-Based Business Uses Permitted in Mixed Use Zones
a) Office and Professional uses permitted as a home-based business shall include, but not be limited to:
i)
Professional office services, health care services, administrative and consulting services, administrative
offices for businesses conducted off-site, technology or arts professionals and insurance or property
appraisal practitioners.
ii)
Business representatives managing a direct sales organization for product distribution, but not regular
direct sales of product from residence.
b) Goods and Service uses permitted as a home-based business shall include, but not be limited to:
i)
Personal services, private instruction or tutoring in the arts, sciences or technologies, and the making
and selling of crafts.
c) Uses prohibited as a home-based business shall include, but not be limited to:
i)
Retail & Rental Services
ii)
Automobile Vehicle Repair & Maintenance, Automobile Dealers & Rentals, or welding shops;
iii)
Abattoirs, butchers, and the cutting & wrapping of meat;
iv)
Gun shops;
v)
Special Care Centres.
d) Where a business use is not listed above, and the business is similar in nature to an above use, the
permission of the use shall be at the discretion of the Development Officer, provided all other provisions of
this Bylaw are met.
Page 7-11
LAND USE BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
7.3. R2-T: Townhouse Zone
Attached buildings
Medium footprint
1½ - 2½ storeys
Buildings near the front lot line
Private amenity space for each unit
No side setback on interior units
To provide flexible zoning to allow for infill
development within urban growth areas without
adversely affecting existing neighborhoods.
This zone also provides a scale transition from Core
Village or Mixed Use Centre Zones to established
residential communities.
Intent
The diagram and photographs above are for illustrative purposes only.
B
A
Regulations on facing page.
Live/Work Townhouse
Cluster Townhouse
On-Street Townhouse
Stacked Townhouse
C
A
R2-T Zone: Conditional Uses by Development Agreement
-
Townhouse developments larger than zone limits.
-
Institutional (IU) Zone Uses that do not meet zone requirements.
Page 7-12
PART 7 - MIXED USE ZONES
R2-T Zone: Conditional Uses by Site Plan Approval
-
Multiplex, Small developments subject to the requirements of the R3 Zone limited to one building per
lot.
-
Cluster Townhouse
-
On-Street Townhouse
-
Stacked Townhouse
-
Urban Cottage Developments
7.3.1. General Zone Requirements
In the R2-T Zone, no development permits shall be issued except in conformity with the following
requirements:
7.3.2. Requirements for Townhouse Developments
A site plan approval application may be considered for the following uses listed on the table below, provided
the following requirements, and all other requirements of this Bylaw are met:
Cluster Townhouse
On-Street Townhouse
Stacked Townhouse
Minimum Lot Area
800 m2
800 m2
1,000 m2
Minimum Lot area per
dwelling unit
270 m2
150 m2
180 m2
Minimum Lot Frontage
Interior lot: 18 m
Interior lot: 6 m per unit
Interior lot: 9 m per
ground floor unit
Corner lot: 20 m
Corner lot: 9 m per unit
Corner lot: 11 m per unit
Minimum Front Yard
Provincial Street: 5 m
Provincial Street: 5 m
Provincial Street: 6 m
Municipal Street: 4.5 m
Municipal Street: 3.5 m
Municipal Street: 6 m
Minimum Flankage Yard
5 m
5 m
5 m
Minimum Side Yard
Common Wall: 0 m
Common Wall: 0 m
Common Wall: 0 m
Detached: 3 m
Detached: 3 m
Detached: 3 m
Minimum Rear Yard
6 m
6 m
6 m
Maximum Building Height
11 m
11 m
11 m
Minimum Street-Facing
Facade Transparency
Grade: 30%
Above Grade: 10%
Grade: 30%
Above Grade: 10%
Grade: 30%
Above Grade: 10%
Maximum Number of
Joined Dwelling Units
6
6
8
7.3.3. On-Street Live/Work Townhouse Requirements
On-street townhouse developments may be developed with additional commercial ground floor area beyond
that normally permitted for a home-based business.
a) The following requirements must be met:
i)
These provisions are only permitted for new construction.
ii)
The property's primary street-facing facade shall front on a collector road.
iii)
Each townhouse unit shall have a maximum commercial ground floor area of 120 m2.
b) There must still be a dwelling unit which is joined to the commercial use, and at least one person shall
reside in the dwelling unit joined to the space where the commercial use is carried out.
B
A
C
Page 7-13
LAND USE BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
c) No more than 3 people may be engaged in any of the following uses: General Retailers & Rental Services;
Office & Professional Services, Personal Care Services, the making, processing, and assembly of products
on a small scale.
d) The site shall have adequate parking subject to the requirements of the General Provisions to service both
the residential dwelling unit, and the commercial use.
7.3.4. Site Design Requirements
a) Townhouse units facing a street shall meet the following requirements:
i)
Each ground-level townhouse unit shall have a walkway directly connected to a sidewalk where
practical.
ii)
Driveways and front yards of abutting units shall be twinned in order to provide larger front yard areas
suitable for planting.
iii)
Attached garages shall be an integral part of the building. If provided, an attached garage must not
be wider than half of the townhouse unit's width and must not project more than 1 m in front of the
building face.
iv)
The front face of an attached garage shall integrate glass panels, smaller divisions and architectural
details to present an attractive public appearance.
b) Townhouse buildings must incorporate at
least one of the following on each of the front
elevations, and rear elevations which back onto the
Established Residential Neighbourhood (R1) Zone:
i)
A change in plane of at least 0.9 m projecting
or setback from the adjacent facade at least
3.5 m in width along the wall shall be placed at
a minimum of every two units on all walls. No
wall shall be without a change of plane.
ii
i
ii)
At least one architectural projection per unit that shall project at least 0.6 m from the wall plane, such
as covered porches, bay windows, and the like. Such projections should be significant architectural
features, spanning the full height of a one story building, and a minimum of one half of the height of a
two story or taller building.
7.3.5. Townhouse Subdivision Requirements
a) Townhouse units located on a lot serviced by municipal water and wastewater services may be subdivided
into individual lots provided:
i)
Each lot to be created contains no more than one dwelling unit;
ii)
Each dwelling unit has separate service connections;
iii)
All applicable provisions of the East Hants Municipal Subdivision Bylaw are satisfied.
b) Individual Townhouse units contained in the same structure shall maintain a front yard setback that is equal
to the front yard setback of the adjacent unit(s) or varies no more than 1 m from the front yard setback of
adjacent unit(s).
Page 7-14
PART 7 - MIXED USE ZONES
7.3.6. Requirements for Urban Cottage Developments
A site plan approval application may be considered for urban cottage developments provided the following
requirements, and all other requirements of this Bylaw are met:
Urban Cottage Development
(Sewer and Water or Sewer Only)
Minimum Lot Area
1,080 m2 per cluster, with a maximum of two clusters
per lot
Minimum Lot Frontage
Interior lot: 18 m
Corner lot: 20 m
Minimum Front Yard
5 m
Minimum Flankage Yard
5 m
Minimum Side Yard
3 m
Minimum Rear Yard
6 m
Maximum Building Height
8 m
Minimum Number of Dwelling Units
4
Maximum Number of Dwelling Units
1 unit per 270 m2 of lot area, to a maximum of 14
units per cluster, or 24 units per lot
a) Urban cottage developments are only permitted where a property has sidewalk access along the lot
frontage or on the opposite side of the street.
7.3.7. Urban Cottage Development Site Design Space Requirements
a) Each cluster of cottages shall have a contiguous common outdoor amenity space to provide a sense of
openness and community for residents.
b) At least two sides of the common outdoor amenity area shall have cottages fronting along its perimeter.
c) Each cottage unit shall be located within 10 m of a common amenity space.
d) A system of interior walkways shall connect each cottage to each other and to the parking area, to the
sidewalks abutting any public streets bordering the cottage housing development.
e) Each unit shall connect via continuous walkways with a minimum 1.2 m width to shared open space areas.
f) No part of any building in the development can be more than 45 m from fire department vehicle access, as
measured by a clear path along the ground.
g) All dwellings in the cottage housing development shall be at least 3 m apart.
7.3.8. Urban Cottage Development Architectural Requirements
a) Units will be designed to have a cottage-like appearance:
i)
Each urban cottage must have a different appearance than abutting units.
ii)
Urban cottage units must not exceed a 1:4 width to length ratio. Tall, skinny houses shall be avoided.
iii)
Urban cottage units shall have a maximum roof pitch between 8:12 to 16:12.
iv)
Urban cottage units shall have covered front porches at least 6 m2 in area oriented toward the
common open space. This required covered front porch does not contribute to the maximum ground
floor area of the unit.
b) Each dwelling unit shall be clustered around a common open space, with the building's primary entry and
covered porch oriented to the common open space.
Page 7-15
LAND USE BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
c) Each unit abutting a public street (not including alleys) shall have a facade, secondary entrance, porch, bay
window or other architectural enhancement oriented to the public street.
7.3.9. Existing Detached Single Unit Dwellings Permitted
a) An existing detached single unit dwelling that is incorporated into a cottage housing development as a
residence shall be permitted to remain on a site used for a cottage housing development. It shall count as
one cottage unit unless the existing dwelling exceeds a ground floor area of 120 m2 then it shall count as
two cottage units.
7.3.10. Garage & Parking Design Requirements
a) Attached garages are not permitted attached to an urban cottage.
b) Parking stalls should be clustered in parking lot(s) of no more than 5 contiguous stalls and hidden from
street facing facades.
c) If detached garages are provided they must have a design similar to or compatible with cottages.
7.3.11. Community Amenity Buildings Permitted
a) Community amenity buildings are permitted in cottage housing developments to serve the needs of
residents and their guests.
b) Community amenity buildings shall be clearly incidental in use and size to dwelling units.
c) Community amenity buildings shall be no more than 6 m in height.
7.3.12. No Subdivision within a Cluster Permitted
a) A cluster in a cottage housing development may not be subdivided.
Page 7-16
PART 7 - MIXED USE ZONES
7.4. R3: Multiple Unit Residential Zone
Attached buildings
Small to medium footprint
1 - 3 storeys
Buildings near the front lot line
Private amenity space for each unit
No side setback on interior units
Concealed or screened parking
No accessory dwellings
To provide for multiplexes, with some permitted
commercial uses.
Intent
The diagram and photographs above are for illustrative purposes only.
Large Multiplex
Small Multiplex
R3 Zone: Conditional Uses by Development Agreement
-
Developments having more than the maximum number of buildings permitted.
-
Large Multiplex Developments having more than the maximum number of dwelling units permitted up
to a maximum ratio of 24 dwelling units per 0.3 hectares.
A
Regulations on facing page.
A
C
B
Page 7-17
LAND USE BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
R3 Zone: Conditional Uses by Site Plan Approval
-
Small Multiplexes
-
Large Multiplexes
-
Accessory commercial uses to large multiplexes as described in 7.4.9
-
Accessory commercial uses to small multiplexes as described in 7.4.10
-
Townhouse (R2-T) Zone uses, subject to the zone requirements of the R2-T Zone.
7.4.1. General Zone Requirements
In the R3 Zone, no development permit shall be issued except in conformity with the following requirements:
7.4.2. Requirements for Multiplex Developments
In the R3 Zone, no development permit shall be issued except in conformity with the following requirements:
Small Multiplex
(Serviced by Sewer
Only)
Small Multiplex
(Serviced by Sewer
& Water)
Large Multiplex
(Serviced by Sewer
& Water)
Minimum Lot Area per
primary building
900 m2
750 m2
3,000 m2
Minimum Lot Frontage
30 m
22 m
30 m
Minimum Front Yard
7 m
5 m
7 m
Minimum Side Yard
4 m
One side: 4 m
One side: 7 m
Other sides: 4 m
Other sides: 7 m
Minimum Rear Yard
10 m
6 m
10m
Minimum Flankage Yard
6 m
5 m
6 m
Maximum Building Height
10 m
10 m
11 m
Maximum primary
building size
8 dwelling units and 375
m2 of ground area
8 dwelling units and 375
m2 of ground area
24 dwelling units and
1,250 m2 of ground area
Maximum number of
primary buildings
2
3
1
Maximum Lot Coverage
40%
40%
40%
Maximum Ground Floor
Finish Level
0.5 m
0.5 m
0.5 m
Maximum Street-Facing
Building Length
32 m
32 m
50 m
Minimum Street-Facing
Facade Transparency
At Grade: 30%
Above Grade: 10%
At Grade: 30%
Above Grade: 10%
At Grade: 30%
Above Grade: 10%
7.4.3. Angular Setback Planes
a) For buildings greater than 1 storey and 375 m2 in ground floor area, where a property abuts a Residential
Neigbourhood Zone, a 3 m stepback is required from the building's 3rd and higher storeys.
B
A
C
Page 7-18
PART 7 - MIXED USE ZONES
7.4.4. Design Requirements
7.4.5. Articulation Requirements
a) Where frontage permits, multi-family residential buildings should have their primary entryway and
orientation facing the street.
b) Long buildings over 16 m must be visually broken into smaller architectural parts using building modules,
changes in roof styles and changes in colour.
c) Mitigate the actual and perceived bulk of buildings over 16m by utilizing appropriate massing, including the
use of:
i)
Architectural elements such as balconies, bay windows, cantilevered floors, cupolas, and dormers.
ii)
Visually-interesting rooflines such as variations in cornice lines, roof slopes and the use of dormers.
iii)
Detailing that creates a rhythm and visual interest along the line of the building through the use of
varied architectural treatments.
iv)
Wall projections and indentations, windows and siding treatments as well as varied material textures
should be utilized to create visual interest and to articulate building facades;
d) Design buildings over 2½ storeys with an identifiable base, middle, and top through a change in setbacks,
projections, textures, materials, detailing, or other architectural features.
e) Incorporate distinctive massing articulation and architectural treatments for corner sites, highly visible
building sites, or buildings/portions of buildings that terminate important view corridors (i.e. varying building
heights, change facade planes, pedestrian spaces, large windows, awnings, canopies, or archways). A
consistent level of architectural detail should be incorporated into both street-facing facades.
f) All building elevations that face streets, mews, parks, public buildings, and open spaces shall appear and
function as front elevation/s, complete with porches/stoops, and front doors and windows to activate the
public realm.
g) The maximum ground floor finish level shall be 0.5 m above the established grade.
7.4.6. Screening Requirements
a) Utilities such as vents, mechanical rooms/equipment, and elevator penthouses should be integrated with
the architectural treatment of the roof, or be screened with materials and finishes compatible with the
building's design.
b) Piping/vents for functional services (i.e. plumbing and heating) should be located or screened from streets,
abutting properties zoned Open Space (OS) Zone or other public areas.
7.4.7. Access
a) The main front entrances should face the street or be clearly visible from the street and should be
emphasized by special architectural elements (e.g. porches).
7.4.8. Parking
a) Entryways to below-grade parking should be an integral and consistent part of the building mass. Integrate
the garage with the building by topping it with a habitable second storey, or recessing it into the structure.
b) On-site parking is permitted below grade, or to the rear or side of the primary building where at grade.
c) Loading docks, overhead doors, and other service entries shall be screened and shall not be located on
primary street facades.
7.4.9. Large Multiplex Limited Commercial Uses Permitted
a) Large Multiplex buildings are permitted to include one or more of the following commercial uses subject to
the requirements of this section:
Page 7-19
LAND USE BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
i)
Business Support Services & Printing
ii)
Daycares
iii)
Dog Grooming
iv)
Indoor Recreation Facilities
v)
Retailers & Rental Services (convenience stores)
vi)
Office & Professional Services
vii) Personal Care Services
b) Each Large Multiplex building is permitted to have either:
i)
A total commercial floor area in the primary building's ground or sub-ground floor that does not
exceed 1/3 of the gross floor area of the building; or
ii)
An accessory commercial building up to 75m2 in commercial ground floor area. The commercial
building shall have a similar and compatible architectural form to that of the primary building.
c) Parking shall be provided for both the residential and business uses in accordance with the general
requirements of this Bylaw.
7.4.10. Small Multiplex Limited Commercial Uses Permitted
a) Small Multiplex buildings may have incorporated in the structure on the ground or sub-ground floor, one or
more of the following commercial uses:
i)
Daycares
ii)
Retailers & Rental Services (convenience stores)
iii)
Office & Professional Services
iv)
Personal Care Services
b) Each Small Multiplex building is permitted to have a total commercial floor area in the primary building's
ground or sub-ground floor that does not exceed one-third of the gross floor area of the building.
c) Parking shall be provided for both the residential and business uses in accordance with the general
requirements of this Bylaw.
7.4.11. Multiple Buildings Per Lot
A development with multiple buildings per lot shall be designed in accordance with the following provisions:
d) One driveway access shall be shared between the buildings on a lot.
e) Buildings shall have a minimum 6 m separation between small multiplexes and accessory structures.
f) Buildings shall have a minimum of 10 m separation between each small multiplex.
g) Buildings shall be designed such that there is a sense of architectural unity or cohesiveness.
h) Any accessory structures shall have a compatible shape and exterior finish as the small-scale multiplexes.
Page 7-20
PART 7 - MIXED USE ZONES
7.5. MC: Mixed Use Centre
Attached buildings
Small to medium footprint
1½ - 2½ storeys
Buildings near the front lot line
Private amenity space for each unit
No side setback on interior units
Concealed or screened parking
No accessory dwellings
To provide flexible zoning to allow for infill
development within urban growth areas without
adversely affecting the existing neighbourhood.
While this zone is primarily for residential uses,
expanded home-based business uses are also
encouraged in this zone.
Intent
The diagram and photographs above are for illustrative purposes only.
Regulations on facing page.
B
Mixed Use Capable Building
Mixed Use Building
MC Zone: Conditional Uses by Development Agreement
-
Developments having more than the maximum number of primary buildings permitted.
-
Drinking Establishment, Major (Cabaret or Lounge)
-
Drive-Thru Restaurants
-
Institutional uses that do not meet the form-based zone requirements but will contribute to the
vitality and overall goal of (MC) Zone
-
Drinking Establishment open after 1 am
A
C
A
Page 7-21
LAND USE BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
MC Zone: Conditional Uses by Site Plan Approval
-
Commercial uses as described in table 7.1
-
Mixed use capable buildings
-
Townhouse (R2-T) Zone uses, subject to the zone requirements of the R2-T Zone.
7.5.1. General Zone Requirements
In the MC Zone, no development permit shall be issued except in conformity with the following requirements:
7.5.2. Zone Requirements
a) This Zone regulates development based on allowed building types. The names of the building types are not
intended to limit uses within a building type.
b) In the MC Zone, no development permit shall be issued except in conformity with the following
requirements:
Mixed Use Building
General Commercial
Minimum Lot Area
900 m2
500 m2
Minimum Lot Frontage
30 m
25 m
Build-to-Area
(Measured from the front lot line)
A minimum of 5 m, with a
maximum up to the distance
equal to the front yard setback of
a building on an abutting lot that
faces the same street
A minimum of 5 m, with a
maximum up to the distance
equal to the front yard setback of
a building on an abutting lot that
faces the same street
Required Stepback
Three storey buildings: 2 m street
wall stepback from the building's
second storey streetwall
Three storey buildings: 2 m street
wall stepback from the building's
second storey streetwall
Four storey buildings:
2 m streetwall stepback from the
building's second storey or third
storey streetwall
Minimum Side Yard
One side: 4 m
One side: 4 m
Other sides: 2 m
Other sides: 2 m
Minimum Rear Yard
6 m
6 m
Minimum Flankage Yard
5 m
5 m
Maximum number of
primary buildings
3
A
Page 7-22
PART 7 - MIXED USE ZONES
Maximum Building Height
Primary buildings:
-
Where the building abuts a
Residential Neigbourhood
Zone: 3 storeys or 12.2 m.
-
Where the building does
not abut a Residential
Neigbourhood Zone: Four
storeys or 15 m.
Primary buildings: 3 storeys or 12.2
m
Within the area shown in Appendix
F, the height of new buildings is
limited to 12.2 m and 3 storeys
Within the area shown in Appendix
F, the height of new buildings is
limited to 12.2 m and 3 storeys
Accessory buildings: lesser of 11 m
or equal to the height of the pri
mary building
Accessory buildings: lesser of 11 m
or equal to the height of the pri
mary building
Minimum Street-Facing Facade
Transparency
At grade: 30%
Above grade: 10%
At grade: 30%
Above grade: 10%
Maximum Number of Dwelling
Units per
Building i
42
24
Maximum Ground Floor Finish
Level
0.5 m
0.5 m
Maximum Street-Facing Building
Length
50 m
50 m
Maximum building size
1,250 m2 of ground area
1,250 m2 of ground area
Minimum commercial ground
floor area
50% of ground floor area
-
Maximum Lot Coverage
50%
50%
Conditions
i More than one primary building type is allowed on a lot if the submitted site plan application includes a
plan with potential lot lines that meet all the requirements of this Bylaw, excluding frontage requirements for
primary buildings located behind a street-facing building.
7.5.3. Design Requirements
a) The requirements of this subsection may be varied by site plan in order to meet challenging site conditions,
or achieve architectural excellence.
b) Building Form
i)
Buildings should feature a well-designed based, middle and top through architectural expression
including the use of setbacks, recesses, extrusions, textures, materials, or detailing.
ii)
Where neighbouring structures are two or more storeys in height, a new building shall continue
and reflect abutting building's established patterns relating to height, floor elevation, and window
placement.
iii)
Where a new building exceeds the height of abutting two storey structures, architectural details
shall be incorporated into the building's facade to reinforce abutting building heights. Architectural
elements may include setbacks, recesses, extrusions, textures, materials, or detailing such as a cornice.
c) Articulation Requirements for Long Buildings
i)
Buildings with continuous street-facing facades of 20m or greater in length shall be vertically
B
C
Page 7-23
LAND USE BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
articulated with projecting or recessed offsets not less than 1.25m deep, and at intervals of not greater
than 15m to break up the apparent mass of the building and to add visual interest.
ii)
Any buildings with continuous street-facing facades larger than 45m shall be designed to appear as
a series of two or more separate buildings through articulation and differences in cladding materials
and/or colour.
d) Roofs
i)
Three storey and lower buildings shall have pitched roof designs. Most of the traditional housing forms
in East Hants incorporate peaked roofs with a minimum 8:12 pitch.
ii)
Large buildings with a footprint greater than 370 m2 shall have flat roofs or variations in pitched roofs
to prevent uninterrupted, warehouse-like silhouettes. Required variations in the roof line may be
satisfied using gables, turrets, roof projections or similar architectural features.
e) Siding & Windows
i)
The following materials shall not be permitted on street-facing facades as siding: corrugated fiberglass
or plastic, asphalt shingles, plywood, unprotected wood, concrete block, metal siding utilizing exposed
fasteners, EIFS (exterior insulation and finish systems where stucco is applied to rigid insulation) and
concrete without decorative finishes.
ii)
Darkly tinted or mirrored glass shall not be permitted.
f) Pedestrian Comfort & Access
i)
Bicycle parking shall be provided in visible at-grade locations, and be weather-protected.
ii)
The main entrance(s) of ground floor units of any building located within 20 m of a street shall face
the front lot line. Main entrances may provide access to individual units, clusters of units, courtyard
dwellings, or common lobbies.
iii)
It is recommended that main building entrances are covered with a canopy, awning, recess or similar
device to provide pedestrian weather protection.
g) Screening Requirements
i)
Utilities such as vents, mechanical rooms/equipment, and elevator penthouses should be integrated
with the architectural treatment of the roof, or be screened with materials and finishes compatible
with the building's design.
ii)
Piping/vents for functional services (i.e. plumbing and heating) should be located or screened from
streets, abutting properties zoned Open Space (OS) Zone or other public areas.
h) Parking
i)
Entryways to below-grade parking should be an integral and consistent part of the building
mass. Garages should be Integrated within the building by topping it with a habitable second storey, or
recessing it into the structure.
7.5.4. Mixed Use Building Requirements
a) The ground floor of a mixed use building, excluding a parking garage, shall have a floor-to-floor height of
no less than 3.05 m.
b) Ground floor entryways must be designed to face a street-facing facade.
7.5.5. Multiple Buildings Per Lot Permitted
Multiple multiplex, mixed use capable, or commercial buildings on a lot are permitted in the Mixed Use Centre
(MC) Zone. Except for existing non-conforming uses, all buildings are considered "primary" uses.
a) One driveway access shall be shared between the buildings.
Page 7-24
PART 7 - MIXED USE ZONES
b) Buildings shall have:
i)
A minimum 11 m separation between the main wall (long side) of mixed-use capable buildings, general
commercial buildings, and large multiplex buildings and any other building on the lot.
ii)
A minimum 7.5 m separation between the auxiliary wall (short side) of mixed-use capable buildings,
general commercial buildings, and large multiplex buildings and any other building on the lot.
c) Developments with multiple buildings shall be constructed such that there is a sense of architectural unity
or cohesiveness. This shall be accomplished by ensuring that individual buildings are of similar finished floor
levels, height, masses, and exterior finishes.
7.5.6. Design Requirement Intent
The Municipal Development Officer may vary the requirements of Section 7.5.3 and Section 7.5.4 of the Land
Use Bylaw if the intent of the design requirement is being achieved in a matter that results in a better design of
the site and a better design of how the site works in regards to the surrounding community.
Page 7-25
LAND USE BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
7.6. Village Core (VC) Zone
Section 7.2 General Provisions for All Mixed Use Zones is not applicable to the Village Core (VC) Zone.
7.6.1. Zone Requirements
In a VC Zone, no development permit shall be issued except in conformity with the following requirements:
Sewer and Water or Sewer
Only
On Site i
Minimum Lot Area
700 m2
3,716 m2
Minimum Lot Frontage
15 m
30 m
Minimum Side Yard
-
2 m
Minimum Rear Yard
-
6 m
Minimum Flankage Yard
5 m
6 m
Maximum Building Height
2.5 stories (3 stories are permitted
if the third story is integrated into
the roof design)
2.5 stories (3 stories are permitted
if the third story is integrated into
the roof design)
Maximum Commercial Floor Area for
Single Use Commercial Building
400 m2
400 m2
Maximum Gross Floor Area
835 m2
835 m2
Bonus Zoning
Form-based Zone Requirements
-
Maximum Ground Floor Finish Level
0.3 m
0.3 m
Conditions
i Nova Scotia Environment approval for on-site sewage disposal system is required.
7.6.2. Flag Lots
New single unit dwellings or two unit dwellings are permitted to be constructed on a flag lot to the rear yard
of an existing structure facing the "main" street.
7.6.3. Historical Preservation Incentive
If the Heritage Coordinator determines that the existing building on the subject lands has historical
importance, the gross floor area of the building deemed to have historical importance shall not be counted
towards the total gross floor area or commercial floor area of the site.
7.6.4. Development Agreements
The following uses shall be considered by development agreement in a VC Zone:
a) VC uses beyond 400 m2 of commercial floor area for single use commercial buildings.
b) VC uses beyond 835 m2 gross floor area.
c) Multiplex uses beyond 12 dwelling units and up to a maximum of 20 dwelling units per 0.5 hectares.
d) Automobile service stations and drive-thru restaurants are required to conform with the Village Core
Design Requirements for automobile service stations and drive-thru resturant design.
e) Places of worship and public buildings that include, but are not limited to, hospitals, art galleries, libraries,
Page 7-26
PART 7 - MIXED USE ZONES
and government offices, which do not meet the form-based code requirements but will contribute to the
vitality and goal of VC Zone.
f) Drinking Establishment open after 1 am.
7.6.5. Form-based Zone Requirements for the Village Core (VC) Zone
No development permit shall be issued unless all applicable requirements under Form-based Zone
Requirements for the Village Core (VC) Zone of this Bylaw are met, or unless otherwise stated in the
Requirements.
7.6.6. Site Plans and Site Plan Approval
a) Site plans shall be required for all development in a VC Zone pursuant to site plan provisions under the
Municipal Government Act, with the exception of single or two unit dwellings.
b) No development permit shall be issued in a VC Zone unless a site plan has been approved, pursuant to the
Form-based Code Requirements for the Village Core (VC) Zone of this Bylaw, and provided the applicant
agrees in writing to carry out the terms of the site plan.
Page 7-27
LAND USE BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
7.7.1. Development only Permitted by Development Agreement
No development permit shall be issued in any (WCDD) Zone expect in accordance with a development
agreement approved pursuant to policies contained in the MPS.
7.7.
WCDD: Walkable Comprehensive Development District
District development
Innovative road layout techniques
Provisions for active transportation
To provide for planned communities which
incorporate a mix of residentially-compatible uses
in a walkable, compact form permitted through
a development agreement process. This zone is
established because Council deems that these goals
could not be adequately controlled through the
establishment of a conventional mixed use zone.
Intent
Regulation
Amendment Date
Description
7.2.11
Approved by Council March 27,
2024
Housekeeping Amendment
LAND USE BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
Page 8-1
PART 8
Separated Commercial Zones
PART 8 - SEPARATED COMMERCIAL ZONES
Page 8-2
8.1. Separated Commercial Zones Permitted Uses
The table below summarizes the uses permitted in all Separated Commercial Zones Development Areas. For
conditions associated with the uses, see the specific section referencing that zone.
-
GC - General Commercial
-
HC - Highway Commercial
-
RC - Regional Commercial
-
BP - Business Park
-
IC - Industrial Commercial
Use
GC
HC
RC
BP
IC
Accommodations, Bed & Breakfast
P
-
SP
-
-
Accommodations, Employee
P
P
SP
P
P
Accommodations, General
P
P
SP
-
-
Animal Hospitals & Veterinary Offices
P
P
SP
P
P
Asphalt, Aggregate & Concrete Plant
-
-
-
DA
DA
Automobile Dealer & Rentals
-
P
P
P
P
Automobile Service Station
-
P
SP
P
P
Automobile Vehicle Repair & Maintenance
SP
P
SP
P
P
Automobile Wholesalers/Automobile Auctions
-
-
-
P
P
Bank & Financial Institutions
P
P
SP
-
-
Brewery, Distillery & Wineries
SP
P
SP
P
P
Business Support Services & Printing
P
P
SP
P
P
Car Wash
DA
P
SP
P
-
Commercial Club
P
P
SP
-
-
Commercial Greenhouse
P
P
SP
P
P
Commercial Parking Lot
C
C
C
C
-
Couriers & Messengers
P
P
SP
P
P
Cremation (no assembly)
P
P
SP
P
-
Daycare, General
P
P
SP
P
P
Dog Daycare
-
P
SP
P
P
Dog Training Facility
P
P
SP
P
P
Drinking Establishment open after 1 am
DA
-
DA
-
-
Drinking Establishment open until 1 am
SP
-
SP
-
-
Educational Services
P
P
SP
P
P
Excavating and Construction Services
-
P
SP
P
P
Forestry Uses and Structures
P
P
SP
P
P
Funeral Services
P
P
SP
-
-
Gambling Industries
-
-
SP
-
-
Health Care Services
P
P
SP
P
P
Hospital
P
P
SP
P
P
Industrial Uses, General
-
-
-
P
P
Industrial Uses, Noxious
-
-
-
DA
DA
Mini-Home Dealer
-
P
-
P
P
PART 8: SEPARATED COMMERCIAL ZONES
LAND USE BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
Page 8-3
Use
GC
HC
RC
BP
IC
Movie Theatre
-
-
SP
-
-
Office & Professional Services
P
P
SP
P
P
Outdoor Market
P
P
SP
-
-
Personal Care Services
P
P
SP
P
P
Private Dog Park
P
P
SP
P
P
Recreation Facility, Indoor
P
P
SP
P
-
Recreational Vehicle Storage Facility
-
P
-
P
-
Repair & Maintenance
P
P
SP
P
P
Restaurant, Drive-Thru
-
P
SP
P
P
Restaurant, Full & Limited Service
P
P
SP
P
P
Restaurant, Take-Out
P
P
SP
P
P
Retailers & Rental Services
P
P
SP
P
P
Self-Storage Warehousing
-
DA
-
P
-
Shopping Centre
-
-
SP
-
-
Social Enterprise
P
P
P
P
-
Tradesperson & Craftsperson Businesses &
Offices
P
P
SP
P
P
Transportation & Warehousing
-
P
SP
P
P
Waste Management, Material Recovery Facility
-
-
-
P
P
Waste Management, Medical Waste Disposal
Services
-
-
-
-
DA
Waste Management, Recycling Depot
P
P
SP
P
P
Institutional Use (IU) Zone Uses
P
P
SP
P
P
Industrial Uses, Noxious & Environmentally
sensitive business uses
-
-
-
-
DA
Lawfully Existing Uses
P
P
P
P
P
Open Space (OS) Zone Uses
P
P
P
P
P
Two Dwelling Unit Residential (R2) Zone Uses
P
P
-
-
-
Uses greater than maximum commercial floor
area zone requirements.
C
C
C
-
DA
P - Permitted as-of-right through a development permit.
SP - Permitted by site plan approval.
DA - Permitted to apply to Council for a development agreement: note that other restrictions may apply.
C - Conditionally permitted: discretionary approval may apply, view zone requirements.
PART 8 - SEPARATED COMMERCIAL ZONES
Page 8-4
8.2. General Provisions for All Separated Commercial Zones
8.2.1. Mixed Uses in Separated Commercial Zones
The following requirements shall apply to mixed use residential and commercial uses:
a) The residential use shall have an external entrance separate from the commercial use;
b) 1 separately designated off-street parking space shall be provided for each dwelling unit;
c) All other applicable provisions under this Bylaw shall be met.
8.2.2. Landscaping Requirements
All properties shall be landscaped according to the following requirements:
i)
The landscape requirements of the table below shall be met:
Landscaping Requirements
Example Diagram
-
All disturbed areas of the site shall be landscaped with grass
or perennial ground cover.
-
All trees greater than 15 cm diameter (measured at 8 cm
from the base) should be preserved wherever possible.
-
Required landscaped areas shall be planted with a minimum
of one evergreen and/or densely twigged deciduous shrub
or tree planted with a maximum spacing of 3 m apart in
the area. If dense vegetation exists on the site, this may be
retained to meet this requirement.
-
Fences longer than 8 m shall be landscaped at the base with
trees or shrubs planted in a minimum 1.5 m wide planting
area spaced no further than 3 m apart with the planted area
facing the public right-of-way or abutting properties.
Street-Facing Facades & 100 Series Highways
-
A minimum 2 m wide yard landscaped area abutting street-
facing facades or 100 series highways, running the length
of and directly abutting the building, excluding driveway
accesses to garages and pedestrian accesses.
-
For any buildings set back 9 m or more from the front lot
line, one 50 mm caliper (minimum) sized tree is required to
be planted or retained between the building and the street or
100 series highway for every 9 m of building frontage.
Lot Periphery Excluding Street-Facing Facades
-
A minimum 1.5 m wide landscaped area along the side and
rear lot periphery for the disturbed area of the site.
-
Trees shall be planted or retained at a frequency of no less
than one 50 mm caliper (minimum) tree per lot. Sites having
a disturbed area larger than a 2000 m2 shall have a minimum
of one tree planted per 2000 m2 of disturbed area.
The diagrams above are for illustrative purposes only.
ii)
Parking lots shall be landscaped in accordance with the general requirements section of this Bylaw.
a) Required landscaping shall comply with the following perennial planting requirements:
i)
Large (over 10 m) maturing deciduous trees minimum size shall be 50 mm caliper measured at 1.5 m
LAND USE BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
Page 8-5
from ground level with a minimum 3.5 m height at time of planting.
ii)
Small (less than 10 m) maturing deciduous trees shall be one to 40 mm caliper measured at 1.5 m from
ground level with minimum 2.5 m height at time of planting.
iii)
Evergreen trees shall be a minimum of 1.5 m height measured from ground level at time of planting.
iv)
Twigged deciduous and evergreen shrubs and hedges shall be a minimum 15 L container with a height
of 0.6 m measured from ground level at time of planting.
8.2.3. General & Vegetated Buffer Requirements
a) Vegetated buffers shall comply with the following requirements:
i)
Shall be designed to provide a continuous screen within 3 years of its initial installation that is equally
effective during all seasons.
ii)
Shall be well maintained so that it provides adequate screening, and does not pose a threat to public
safety or become unsightly over time.
iii)
Shall consist of existing trees and vegetation, where possible.
iv)
May incorporate additional landscaping features and fencing, in addition to vegetation, where
necessary, to provide appropriate screening.
b) Where a property abuts a Residential Neighborhood Zone, Residential Neighborhood Zone use, institutional
use, or agricultural use, the requirements of one of the options of the table below shall be met for the
portion of the property which is being used for commercial or multiple unit residential purposes including
any structures, parking, display, loading docks, utility structures, or storage areas:
Buffer Option
Option Requirements
Example Diagram
Option 1
A solid wall or opaque wooden fence no less
than 1.8 m in height; or with the finished side
of the fence facing the abutting property.
Fences longer than 8 m shall be landscaped
at the base with trees or shrubs planted in a
minimum 1.5 m wide planting area spaced
no further than 3 m apart with the planted
area facing the public right-of-way or
abutting properties.
Option 2
A continuous opaque hedge of evergreen
and/or densely twigged deciduous shrubs,
planted in a minimum 1.5 m wide strip
spaced a maximum of 1.5 m apart.
Option 3
A row of alternating evergreen trees
and evergreen and/or densely twigged
deciduous shrubs, planted no more than 3
m apart, or the retention of a well-vegetated
span of vegetation at least 6 m wide.
Option 4
Any combination of options 1, 2, or 3.
Option 5
A turfed berm of not less than 1 m in height
planted on the crest with a continuous
opaque hedge of evergreen and/or densely
twigged deciduous shrubs, planted in a
minimum 0.5 m wide strip.
The diagrams above are for illustrative purposes only.
PART 8 - SEPARATED COMMERCIAL ZONES
Page 8-6
8.2.4. Outdoor Lighting
Accesses, parking areas, circulation roads, and service areas shall be clearly delineated by lighting fixtures that
shall be installed so as to reflect light away from adjacent streets and residential areas.
8.2.5. Outdoor Storage & Display Buffer Requirements
a) Outdoor storage of goods and materials shall be subject to the following requirements:
i)
Open storage shall be permitted in the rear yard only.
ii)
Open storage that abuts a public right-of-way shall be buffered along the abutting property line
corresponding to the extent of the storage area with an opaque fence a minimum of 1.8 m in height or
a vegetated buffer sufficient to screen the storage area.
iii)
For any lot in a Separated Commercial Zone abutting a Residential Neighbourhood Zone, any open
storage shall be wholly enclosed with an opaque fence a minimum of 1.8 m in height or a vegetated
buffer sufficient to screen the storage area.
iv)
Any refuse containers shall be screened by an opaque fence a minimum of 1.8 m in height.
b) Outdoor display areas shall be permitted in a side or a yard abutting a right-of-way provided the following
requirements are met:
i)
Outdoor display areas must be buffered from the abutting yard with a vegetated buffer.
ii)
Outdoor display areas must be located on the same lot as the main building.
iii)
Outdoor display areas must not exceed 25% of gross floor area of the main building.
iv)
Outdoor display areas must be landscaped and maintained in a neat, tidy manner including the
trimming and upkeep of landscaped areas and the removal of debris and unsightly objects.
c) Mini-home and manufactured home dealers shall be permitted to display their homes in the front yard and
are not required to buffer the display area.
d) Outdoor storage and display of Automobile Wholesalers/Automobile Auctions uses shall be screened using
a combination of both an opaque fence, a minimum of 1.8 in height, and vegetation.
8.2.6. Drive-Thru Design Requirements
When a drive-thru facility is permitted in a commercial zone through the site plan approval process, the
development proposal shall adhere to the following design requirements, in addition to all other requirements
of this Bylaw before a development permit is issued by the Development Officer:
a) Layout and Design
i)
Main structures associated with drive-thru facilities shall be located near, and have their primary
facades oriented towards a public street;
ii)
Stacking lanes shall be located in rear and side yards only;
iii)
Sufficient space shall be provided in stacking lanes to avoid spill over onto public streets. Restaurant
uses shall require a minimum of 5 spaces in a stacking lane, while all other uses require a minimum of
3 spaces in a stacking lane;
iv)
Each space within a stacking lane shall have a minimum dimension of 6.5 m in length and 3 m in
width. Widths shall increase where turns are present in a stacking lane;
v)
When a drive-thru facility abuts a residential zone, the intercom shall be located as far away as
practically possible from the abutting property line.
b) Circulation:
i)
Drive-thru stacking lanes, and all associated entrances and exits to said stacking lanes, shall be
separated from parking areas, points of access, and the street using landscaped strips and islands /
bump-outs, additional landscaping treatments, decorative pavement, and painted lines;
LAND USE BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
Page 8-7
ii)
There shall be a clear and distinct separation of vehicular and pedestrian traffic to minimize potential
conflicts. Pedestrian walkways shall be provided to allow safe access to the building entrance(s) from
both the parking lot and the street/sidewalk. Landscaping, paving patterns, raised walkways, and other
design treatments shall be used to differentiate pedestrian walkways to and from the building from
driving surfaces;
iii)
Visible directional signage shall be provided at entrances and exits to stacking lanes;
iv)
Signage shall not obstruct pedestrian routes.
c) Landscaping
i)
The developer shall maximize opportunities for on-site landscaping both along the perimeter of, and
within the site;
ii)
Permeable pavement and vegetation shall be used, where possible, to minimize surface runoff and the
heat island effect caused by paved areas;
iii)
The view of drive-thru lanes, menus, intercoms, and other associated infrastructure shall be minimized
from a public right-of-way and abutting properties by a vegetated buffer(s) that is a minimum of 1.5 m
wide.
iv)
Vegetated buffer(s) shall be established in the following possible locations, to the satisfaction of the
Development Officer: Along the edge of the abutting side and rear yards; along the edge of lease hold
boundary lines; along the perimeter of the drive-thru; and/or along the edge of a public right-of-way
when the drive-thru is viewable from a public street or sidewalk.
8.2.7. Automobile Service Station Requirements
The following requirements shall apply to automobile service stations:
a) No portion of any pump island shall be located closer than 6 m from any street line, except an overhead
canopy.
b) The minimum distance between ramps and driveways shall not be less than 9 m.
c) The minimum distance from a driveway to a street intersection shall not be less than 15 m.
d) The minimum angle of an intersection or a ramp to a street line shall be 45 degrees.
e) Dedicated bays, separate from service bays, must be provided for any car wash facilities.
f) Generic terms which are applied as facial wall signs on automobile services stations and indicate the
services provided are not included in the calculation of the number of signs per business premise. Without
limiting the generality of the foregoing, such terms may include gas, food, brakes, wheel alignment,
mufflers and car wash.
8.2.8. Car Wash Requirements
The following requirements shall apply to car washes:
a) In the General Commercial (GC) Zone, the car wash must be located in a partially enclosed, or fully
enclosed permanent structure.
b) All car wash bays or automated car washes must include an oil/water separator.
8.2.9. Yard Abutting Railways
Where a property in a commercial zone abuts a right-of-way for an existing railway line, setback requirements
are instead 3 m for any yard which directly abuts the railway right-of-way. For railway-related land uses, there
is no setback requirement.
8.2.10. Site Plan Criteria
The Development Officer shall approve a site plan application where the following matters have been
addressed by the applicant:
PART 8 - SEPARATED COMMERCIAL ZONES
Page 8-8
a) The location of structures on the lot:
i)
all proposed and existing structures are identified on the site plan.
b) The location of off-street loading and automotive parking facilities:
i)
all proposed and existing automotive parking is identified on the site plan;
ii)
all proposed automotive parking is located in a manner which allows for the effective circulation of
vehicles within the site and for the safety of pedestrians within the parking area;
iii)
requirements of the Land Use Bylaw dealing with off-street loading and parking facilities may be varied
by a site-plan approval.
c) The location of bicycle parking facilities:
i)
all proposed and existing bicycle parking is identified on the site plan;
ii)
all proposed bicycle parking is located in a manner which allows for the effective circulation of vehi
cles within the site and for the safety of pedestrians within the parking area;
iii)
requirements of the Land Use Bylaw dealing with bicycle parking facilities may be varied by a site-plan
approval.
d) The location, number and width of driveway accesses to streets:
i)
all proposed and existing driveway accesses are identified on the site plan;
ii)
all proposed driveway accesses are of a sufficient width to allow for the safe and efficient movement
of vehicles to and from the site.
e) The type, location, and height of walls, fences, hedges, trees, shrubs, ground cover, or other landscaping
necessary to protect and minimize the land use impact on adjoining lands:
i)
all requirements under the Land Use Bylaw for landscaping and hedges or fencing used for buffering
are identified on the site plan including proposed landscaping for yard setbacks, parking areas, and
property lines;
ii)
all open storage including refuse containers are buffered with an opaque fence or hedge sufficient to
screen the storage area from adjacent properties and the street;
iii)
sufficient landscaping including trees, shrubs, grass, and other ground cover shall be provided around
any structures on the site and any parking areas to minimize the visual and environmental impact of
the use on the surrounding area.
f) The retention of existing vegetation:
i)
All existing vegetation including trees, shrubs, and ground cover is identified on the site plan.
g) The location of walkways, the type of surfacing material, and all other means of pedestrian access:
i)
all proposed walkways are identified on the site plan and are located to provide safe and accessible
pedestrian access to the commercial entrance from the parking area and from the street;
ii)
all walkways are surfaced with a paving material such as brick, cobblestone, concrete, or any other
suitable material to clearly delineate pedestrian walkways from vehicle circulation areas.
h) The type and location of outdoor lighting:
i)
exterior lighting used to illuminate any area within the site is located in a manner which would not
reflect onto adjacent properties or the street;
ii)
lighting is sufficient to provide safety and convenience for both pedestrians and vehicles accessing all
public areas of the site.
i) The location of facilities for the storage of solid waste:
i)
all facilities for the storage of solid waste are identified on the site plan;
ii)
all solid waste storage including refuse are located so that such waste is not openly visible from the
immediate area surrounding the commercial use, any surrounding properties, or the street.
LAND USE BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
Page 8-9
j) The grading or alteration in elevation or contour of land and provision for the management of storm and
surface water:
i)
all development within the site is undertaken to not alter the elevation or contour of the land includ
ing the excessive removal of topsoil beyond that required for basic lot grading necessary to locate any
structures, roads, parking, or driveways;
ii)
any alteration of land including the removal of topsoil shall be undertaken in a manner which does not
impact negatively on the natural function of any watercourse abutting the property or located on the
property including runoff and erosion;
iii)
A stormwater management plan shall be prepared in accordance with the Municipal standards.
k) All matters considered by site plan approval shall be adequately maintained.
8.2.11. Additional Evaluation Materials for Site Plan Approval Uses
Before a development permit is issued, the Development Officer shall be provided with the following
information when considering a site plan approval use:
a) Building elevations to scale showing the front, side and rear elevations of the proposed development
including all existing and proposed building elements.
b) A site plan meeting the requirements of this section.
c) A letter provided by the applicant indicating that the applicant and/or owner agrees to carry out the terms
of the site plan.
d) Any other information the Development Officer deems necessary to properly evaluate the proposal.
8.2.12. Exemptions from Site Plan Approval
The following matters do not require site plan approval, however all other requirements of this Bylaw must be
met before a development permit is issued:
a) Temporary Construction Uses.
b) The addition of vegetation on the property.
c) Building repairs.
d) Signage on a property where no site plan approval is currently applicable.
e) Accessory structures on a property where no site plan approval is currently applicable.
f) Installation, replacement or repair of minor building features, including a change in size of windows and
doors that do not face streetlines.
g) Assuming adequate parking is provided according to the general provisions section:
i)
Change of use or tenancy.
ii)
Interior renovations.
iii)
Additions having a gross floor area of 75 m2 or less provided floor area maximums are met.
PART 8 - SEPARATED COMMERCIAL ZONES
Page 8-10
8.3. GC: General Commercial Zone
Uses primarily by development permit
Detached buildings
Small to medium footprint
1½ - 3 storeys
Dwellings above commercial
Design fitting with residential areas
Concealed or screened parking
Residential-compatible commercial
To provide areas within the community that are
primarily retail and service business in character
which fit in primarily residential areas.
Two Dwelling Unit Residential (R2) Zone Uses
are permitted, as are limited residential uses in
conjunction with commercial development.
Intent
GC Zone: Uses considered by Site Plan Approval
-
Automobile Vehicle Repair & Maintenance
-
Brewery, Distillery & Wineries
-
Commercial Parking Lots where the lot is an outdoor parking lot, and the commercial parking area is
equal to or less than 600 m2
-
Drinking Establishment Open Until 1 am
-
Permitted Uses up to 500 m2 in commercial floor area in excess of the applicable zone requirements.
8.3.1. Zone Requirements
In the GC Zone, no development permit shall be issued except in conformity with the following requirements:
General Zone Requirements
Type of Servicing
Sewer and Water
Sewer Only
On-Site i
Minimum Lot Area
700 m2
700 m2
3,720 m2
Minimum Lot Frontage
22 m
22 m
30 m
Minimum Front Yard ii
5 m
7.5 m
7.5 m
Minimum Rear Yard ii
6 m
6 m
6 m
Minimum Side Yard ii
1.8 m
One Side: 3 m
Other Sides: 1.8 m
One Side: 3 m
Other Sides: 1.8 m
Minimum Flankage Yard ii
5 m
6 m
6 m
Maximum Building Height
11 m
11 m
11 m
Maximum Impermeable Surface Area
75%
75%
75%
Maximum Commercial Floor Area
560 m2
560 m2
560 m2
Maximum Floor Area
2,750 m2
2,750 m2
2,750 m2
GC Zone: Uses considered by Development Agreement
-
Permitted Uses greater than 500 m2 in excess of the applicable zone requirements.
-
Car Washes
-
Commercial Parking Lots where the lot is an indoor parking lot, or the commercial parking area is
greater than 600 m2
-
Drinking Establishment Open After 1 am
LAND USE BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
Page 8-11
Conditions
i Approval from the Nova Scotia Department of the Environment is required for an on-site sewage disposal
system.
ii Where a property in a commercial zone abuts a residential, public use, environmental or institutional zone,
or a property occupied by a residential or community use, the minimum setback requirement for an abutting
yard shall be 6.0 m; and no open storage or outdoor display shall be permitted within a required yard.
8.3.2. Above Ground Residential Uses
Residential uses as a part of the same building with a ground floor commercial use are permitted provided the
combined floor area of residential uses does not exceed 50% of the total floor area of the building.
8.3.3. Design Requirements for Strip Malls
Strip malls must meet the following requirements:
a) Exterior entrances to commercial tenants should be connected by a pedestrian walkway of a minimum
width of 1.8 m, constructed of concrete. Pedestrian walkways shall be provided to allow safe access to the
building entrance(s) from both the parking lot and the street/sidewalk.
b) Design treatments such as a landscape strip (of a minimum width of 1 m), raised walkways, or other design
treatments to the satisfaction of the Development Officer shall be used to differentiate pedestrian walkways
to and from the building from driving surfaces.
8.3.4. Articulation Requirements for Long Buildings
i)
Buildings with continuous street-facing facades of 20 m or greater in length shall be vertically
articulated with projecting or recessed offsets not less than 1.25 m deep, and at intervals of not greater
than 15 m to break up the apparent mass of the building and to add visual interest.
ii)
Any buildings with continuous street-facing facades larger than 45 m shall be designed to appear as a
series of 2 or more separate buildings through articulation and differences in cladding materials and/or
colour.
8.3.5. Design Requirements for Corner Lots
The street-facing facade of a main building on a corner lot shall be comprised of at least 10% windows on the
flanking facade.
8.3.6. Road Access Requirements
No development permit shall be issued for a General Commercial (GC) Zone use unless it fronts upon a
provincial route or collector highway as designated in Appendix B of the Municipal Planning Strategy.
PART 8 - SEPARATED COMMERCIAL ZONES
Page 8-12
8.4. HC: Highway Commercial Zone
Uses primarily by development permit
Detached or joined buildings
Medium to large footprint
1 - 3 storeys
Buffering from sensitive uses
To provide for commercial uses which make
extensive use of land, especially automobile-related
uses that serve the travelling public.
Intent
HC Zone: Uses considered by Site Plan Approval
-
Commercial Parking Lots where the lot is an outdoor parking lot, and the commercial parking area is
equal to or less than 600 m2
8.4.1. Zone Requirements
In the HC Zone, no development permit shall be issued except in conformity with the following requirements:
Type of Servicing
Sewer and Water or Sewer Only
On-Site i
Minimum Lot Area
1,850 m2
3,720 m2
Minimum Lot Frontage
45 m
50 m
Minimum Front Yard
12 m
12 m
Minimum Rear Yard
12 m
12 m
Minimum Exterior Side Yard
6 m
6 m
Minimum Flankage Yard
6 m
6 m
Maximum Height
11 m
11 m
Maximum Commercial Floor Area
930 m2
930 m2
Conditions
i Approval from the Nova Scotia Department of the Environment is required for an on-site sewage disposal
system.
HC Zone: Uses considered by Development Agreement
-
Commercial Parking Lots where the lot is an indoor parking lot, or the commercial parking area is
greater than 600 m2
-
Self-Storage Warehousing
-
Dog Daycare uses where more than 10 dogs at once are kept
-
Kennels, Boarding
LAND USE BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
Page 8-13
8.5. RC: Regional Commercial Zone
Uses primarily by site plan approval
Detached or joined buildings
Medium to large footprint
1 - 4½ storeys
Potential for shopping centres
Special access allowances
Buffering from sensitive uses
Limited residential developments
To provide for commercial uses which are regional
in scale, such as shopping malls. The requirements
seek to encourage common access and parking, and
help preserve land for these uses.
Mixed-use development agreements are permitted
where properties front on the Nine Mile River.
Intent
RC Zone: Permitted Uses
-
Institutional Use (IU) Zone Uses
-
Lawfully Existing Uses
-
Open Space (OS) Zone Uses
8.5.1. Zone Requirements
In the RC Zone, no development permit shall be issued except in conformity with the following requirements:
General Zone Requirements
Type of Servicing
Sewer and Water
On-Site i
Minimum Lot Area
Non-Elmsdale: 920 m2
8,100 m2
Elmsdale: 1,860 m2
Minimum Lot Frontage
Non-Elmsdale: 18.5 m
60 m
Elmsdale: 30 m ii
Minimum Front Yard
4.5 m
20 m
Minimum Rear Yard
6 m
12 m
Minimum Exterior Side Yard
6 m
6 m
RC Zone: Uses considered by Development Agreement
-
Commercial Parking Lots where the lot is an indoor parking lot, or the commercial parking area is
greater than 600 m2
-
Mixed-Use Developments, subject to the provisions of this section and the requirements of the
Municipal Planning Strategy.
-
Dog Daycare uses where more than 10 dogs at once are kept
-
Kennels, Boarding
-
Drinking Establishments Open After 1 am
RC Zone: Uses considered by Site Plan Approval
-
All applicable Zone uses shown in Table 8.1, except where otherwise noted.
-
Commercial Parking Lots where the lot is an outdoor parking lot, and the commercial parking area is
equal to or less than 600 m2
PART 8 - SEPARATED COMMERCIAL ZONES
Page 8-14
Minimum Flankage Yard
6 m
6 m
Maximum Building Height
16 m
16 m
Maximum Commercial Floor Area
n/a
4,650 m2
Conditions
i Approval from the Nova Scotia Department of the Environment is required for an on-site sewage disposal
system.
ii At the Development Officer's discretion, this requirement may be waived if the lot is accessible by a min
imum two-lane right-of-way easement constructed to Municipal Standards for public roads.
ii Where a property in a commercial zone abuts a residential, public use, environmental or institutional zone,
or a property occupied by a residential or community use, the minimum setback requirement for an abutting
yard shall be 6.0 m; and no open storage or outdoor display shall be permitted within a required yard.
8.5.2. Special Signage Allowances
The following provisions apply for Regional Commercial (RC) zoned properties in Elmsdale:
a) Pylon signs shall have a maximum height of 20 m from the grade level to the highest part of the sign for
properties which abut Highway 101 & 102;
b) Off-site pylon signs shall be permitted provided they advertise businesses within a distinct commercial
project, the sign is located within the boundaries of the project, the sign shall count as 1 of the 3 permitted
per premise and only 1 pylon sign is permitted per project;
c) For the purposes of this part, "Commercial Project" shall be defined in the same as a "Shopping Centre" with
the exception that it may ultimately be contained on more than one property, provided that said properties
are within the limits of an existing area of land in existence as of January 22, 2002;
8.5.3. Access
Unless otherwise permitted by this Part, no development permit shall be issued for a Regional Commercial
(RC) use, unless it fronts upon an arterial or collector street as designated in Appendix B of the Municipal
Planning Strategy, or an approved private road pursuant to the Subdivision Bylaw.
8.5.4. Mixed Use Development Agreement Requirements
a) To qualify to be able to consider a mixed use development agreement in the Regional Commercial (RC)
Zone, the following location criteria must be met:
i)
The property shall be serviced by wastewater and water services.
ii)
The property shall connect to an existing sidewalk or trail network, if such a network is accessible.
iii)
Proposed residential uses should have frontage on the Nine Mile River.
b) A mixed use development agreement proposal in the Regional Commercial (RC) Zone, the following criteria
must be met:
i)
Mixed use areas shall not be serviced by a right-of-way easement. All lots shall have public road
frontage.
ii)
The proposed commercial ground floor must equal or surpass the residential ground floor area.
iii)
Proposed residential uses should be in the rear yard, or above commercial uses.
LAND USE BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
Page 8-15
8.6. BP: Business Park Zone
Uses primarily by development permit
Detached or attached buildings
Small to medium footprint
No maximum building height
Broad commercial use allowances
Concealed or screened parking
Large buffer requirements
To allow for a wide range of office, retail, and light
industrial uses within a pre-designated areas, thus
encouraging a concentrated commercial growth
pattern and alleviating land use incompatibility.
Intent
BP Zone: Uses considered by Development Agreement
-
Asphalt, Aggregate & Concrete Plants
-
Commercial Parking Lots where the lot is an indoor parking lot, or the commercial parking area is
greater than 600 m2
-
Industrial Uses, Noxious
-
Dog Daycare uses where more than 10 dogs at once are kept
-
Kennels, Boarding
8.6.1. General Zone Requirements
In the BP Zone, no development permit shall be issued except in conformity with the following requirements:
Type of Servicing
Sewer and Water
On-Site i
(Milford)
On-Site i
(Mount Uniacke)
Minimum Lot Area
1858 m2
4,000 m2
4,000 m2
Minimum Lot Frontage
30 m
52 m
52 m
Minimum Front Yard
7.5 m
9 m
9 m
Minimum Rear Yard
9 m
12 m
12 m
Minimum Exterior Side Yard
4.5 m
6 m
6 m
Minimum Flankage Yard
6 m
6 m
6 m
Maximum Building Height
n/a
n/a
n/a
Conditions
i Approval from the Nova Scotia Department of the Environment is required for an on-site sewage disposal
system.
BP Zone: Uses Considered by Site Plan Approval
-
Commercial Parking Lots where the lot is an outdoor parking lot, and the commercial parking area is
equal to or less than 600 m2
PART 8 - SEPARATED COMMERCIAL ZONES
Page 8-16
8.7. IC: Industrial Commercial Zone
Uses primarily by development permit
Detached or attached buildings
Small to large footprint
No maximum building height
Broad commercial use allowances
Concealed or screened parking
Large buffer requirements
Noxious uses by development agreement
This zone allows for a wide range of industrial uses,
which by their nature, may generate noise, fumes,
odours and that may be noxious or hazardous.
Large-scale or complementary commercial and
service oriented uses are also permitted.
Intent
IC Zone: Uses Considered by Development Agreement
-
Asphalt, Aggregate & Concrete Plants
-
Industrial Uses, Noxious & Environmentally sensitive business uses
-
Salvage Yards
-
Scrap Yards
-
Waste Management, Medical Waste Disposal Services
-
Uses greater than maximum commercial floor area zone requirements.
-
Dog Daycare uses where more than 10 dogs at once are kept
-
Kennels, Boarding
8.7.1. General Zone Requirements
In the IC Zone, no development permit shall be issued except in conformity with the following requirements:
General Zone Requirements
Any Site Servicing i
Minimum Lot Area
4,000 m2
Minimum Lot Frontage
53 m
Minimum Front Yard
12 m
Minimum Rear Yard
10 m
Minimum Exterior Side Yard
Abutting a Separated Commercial Zone: 6 m
Abutting any other Zone: 10 m
Minimum Flankage Yard
6 m
Maximum Building Height
11 m
Maximum Commercial Floor Area
930 m2
Conditions
i Approval from the Nova Scotia Department of the Environment is required for an on-site sewage disposal
system.
8.7.2 Rail Related Uses
Within the Industrial Commercial (IC) zoned portion of PID 45093226 a development permit shall only be
issued for those uses listed in Section 8.1 of this bylaw if they require and utilize railway access at this site.
LAND USE BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
Page 8-17
Regulation
Amendment Date
Description
Page 9-1
LAND USE BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
PART 9
Community Use Zones
Page 9-2
PART 9 - COMMUNITY USE ZONES
9.1. Community Use Zones Permitted Uses
The table below summarizes the uses permitted in all Community Use Zones. For conditions associated with
the uses, see the specific section referencing that zone.
-
IU - Institutional Use Zone
-
OS - Open Space Zone
Community Use Zones
IU
OS
Cemetery
P
P
Commercial Club
P
-
Community Centre
P
-
Cultural Facilities
P
-
Daycare, General
P
-
Educational Services
P
-
Emergency Services
P
-
Funeral Services
P
-
Government Offices & Facilities
P
-
Hospitals
P
-
Utilities and Municipal Infrastructure
P
P
Health Care Services
P
-
Marine Related Uses
P
-
Memorials
P
P
Park, Private
SP
P
Park, Public
P
P
Place of Worship (including Clergy House)
P
-
Recreation Facility, Indoors
P
-
Recreation Facility, Outdoors
P
P
Restaurant, Full & Limited Service (Accessory Use Only)
P
-
Special Care (Nursing Home)
P
-
Special Care (Residential Care Facility, Home for Special Care or Group Home)
SP
-
Lawfully Existing Uses
P
-
P - Permitted as-of-right through a development permit.
SP - Permitted by site plan approval.
DA - Permitted to apply to Council for a development agreement: note that other restrictions may apply.
C - Conditionally permitted: discretionary approval may apply, view zone requirements.
PART 9: COMMUNITY USE ZONES
Page 9-3
LAND USE BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
9.2. Institutional Use (IU) Zone
To accommodate general civic and institutional
uses such as parks, child care centres, government
offices, and schools.
Intent
The diagram and photographs above are for illustrative purposes only.
Special Care
Government Offices
IU Conditional Uses by Site Plan Approval
-
Private Park
-
Special Care (Residential Care Facility, Home for Special Care or Group Home)
9.2.1. Permitted Uses
Table 9.1 lists uses that are permitted in the Institutional (IU) Zone subject to all applicable requirements of this
Bylaw.
Page 9-4
PART 9 - COMMUNITY USE ZONES
9.2.2. Zone Requirements
No development permit shall be issued for the IU Zone except in conformity with the following requirements:
a) Where an Institutional Use abuts a Residential Zone there shall be no parking, structures, or outdoor storage
within any yard abutting a Residential Zone for a distance of 6 m from the abutting property line.
b) The requirements below are satisfied:
Type of Servicing
Sewer and Water
Sewer Only
On-Site i
Minimum Lot Area
1,800 m2
920 m2
3,720 m2
Minimum Lot Frontage
22 m
22 m
30 m
Minimum Front Yard
3 m
7.5 m
7.5 m
Minimum Rear Yard
6 m
6 m
10 m
Minimum Side Yard
3 m
3 m
3 m
Minimum Flankage Yard
6 m
6 m
6 m
Maximum Building Height
21 m
21 m
21 m
Maximum Lot Coverage
50%
50%
50%
Conditions
i Approval from the Nova Scotia Department of the Environment is required for an on-site sewage disposal
system.
9.2.3. Clergy House Requirements
A clergy house may be constructed upon the same lot as a place of worship, in conformity with the following
requirements:
Type of Servicing
Sewer and Water
Sewer Only
On-Site i
Minimum Lot Area
500 m2
920 m2
3,720 m2
Minimum Lot Frontage
30 m
50 m
90 m
Minimum Front Yard
4.5 m
7.5 m
7.5 m
Minimum Rear Yard
6 m
7 m
10 m
Minimum Side Yard
3 m
3 m
3 m
Minimum Flankage Yard
6 m
6 m
6 m
Maximum Building Height
11 m
11 m
11 m
Conditions
i Approval from the Nova Scotia Department of the Environment is required for an on-site sewage disposal
system.
9.2.4. Site Plan Criteria
The Development Officer shall approve a site plan application where the following matters have been
addressed by the applicant:
a) The location of structures on the lot:
i)
All proposed and existing structures are identified on the site plan.
b) The location of off-street loading and automotive parking facilities:
i)
All proposed and existing automotive parking is identified on the site plan;
Page 9-5
LAND USE BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
ii)
All proposed automotive parking is located in a manner which allows for the effective circulation of
vehicles within the site and for the safety of pedestrians within the parking area.
iii)
Requirements of the Land Use Bylaw dealing with off-street loading and parking facilities may be
varied by a site-plan approval.
c) The location of bicycle parking facilities:
i)
All proposed and existing bicycle parking is identified on the site plan;
ii)
All proposed bicycle parking is located in a manner which allows for the effective circulation of
vehicles within the site and for the safety of pedestrians within the parking area.
iii)
Requirements of the Land Use Bylaw dealing with bicycle parking facilities may be varied by a site-plan
approval.
d) The location, number and width of driveway accesses to streets
i)
All proposed and existing driveway accesses are identified on the site plan;
ii)
All proposed driveway accesses are of a sufficient width to allow for the safe and efficient movement
of vehicles to and from the site.
e) The type, location, and height of walls, fences, hedges, trees, shrubs, ground cover, or other landscaping
necessary to protect and minimize the land use impact on adjoining lands:
i)
All requirements under the Land Use Bylaw for landscaping and hedges or fencing used for buffering
are identified on the site plan including proposed landscaping for yard setbacks, parking areas, and
property lines;
ii)
All open storage including refuse containers are buffered with an opaque fence or hedge sufficient to
screen the storage area from adjacent properties and the street;
ii)
Sufficient landscaping including trees, shrubs, grass, and other ground cover shall be provided around
any structures on the site and any parking areas to minimize the visual and environmental impact of
the use on the surrounding area.
f) The retention of existing vegetation:
i)
All existing vegetation including trees, shrubs, and ground cover is identified on the site plan.
g) The location of walkways, the type of surfacing material, and all other means of pedestrian access:
i)
All proposed walkways are identified on the site plan and are located to provide safe and accessible
pedestrian access to the entrance from the parking area and from the street;
ii)
All walkways are surfaced with a paving material such as brick, cobblestone, concrete, or any other
suitable material to clearly delineate pedestrian walkways from vehicle circulation areas.
h) The type and location of outdoor lighting:
i)
Exterior lighting used to illuminate any area within the site is located in a manner which would not
reflect onto adjacent properties or the street;
ii)
Lighting is sufficient to provide safety and convenience for both pedestrians and vehicles accessing all
public areas of the site.
i) The location of facilities for the storage of solid waste:
i)
All facilities for the storage of solid waste are identified on the site plan;
ii)
All solid waste storage including refuse are located so that such waste is not openly visible from the
immediate area surrounding the commercial use, any surrounding properties, or the street.
j) The grading or alteration in elevation or contour of land and provision for the management of storm and
surface water:
i)
All development within the site is undertaken to not alter the elevation or contour of the land including
the excessive removal of topsoil beyond that required for basic lot grading necessary to locate any
structures, roads, parking, or driveways;
Page 9-6
PART 9 - COMMUNITY USE ZONES
ii)
Any alteration of land including the removal of topsoil shall be undertaken in a manner which does not
impact negatively on the natural function of any watercourse abutting the property or located on the
property including runoff and erosion;
iii)
The site plan identifies measures for the effective drainage of stormwater within the site as well as any
downstream or upstream areas which may be affected by the development.
k) All matters considered by site plan approval shall be adequately maintained.
Page 9-7
LAND USE BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
9.3. Open Space (OS) Zone
9.3.1. Zone Requirements
No development permit shall be issued in an Open Space (OS) Zone except in conformity with the following
requirements:
Minimum Lot Area i
475 m2
Minimum Lot Frontage
15 m
Minimum Front Yard
7 m
Minimum Rear Yard
10 m
Minimum Side Yard
5 m
Minimum Flankage Yard
6 m
Maximum Height
10 m
Conditions
i Subject to approval by the Department of the Environment for on-site sewage disposal system, if required.
9.3.2. Playgrounds and Neighbourhood Parks
Development permits for neighbourhood parks, playgrounds, and trails and walkways may be issued where
the lot does not have the required minimum lot area and/or minimum lot frontage.
Regulation
Amendment Date
Description
Page 10-1
LAND USE BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
PART 10
Environmental Zones
Page 10-2
PART 10 - ENVIRONMENTAL ZONES
10.1. Environmental Zones Permitted Uses
The table below summarizes the uses permitted in all Environmental Zones. For conditions associated with the
uses, see the specific section referencing that zone.
-
HF - High Risk Floodplain Zone
-
MF - Moderate Risk Floodplain Overlay Zone
-
WG - Water Course Greenbelt Zone
-
WI - Water Intake Overlay Zone
-
WP - Watershed Protection Overlay Zone
-
SAP - Shubenacadie Aquifer Protection Overlay Zone
-
WS - Water Supply Zone
-
MGW - Milford Groundwater Overlay Zone
Environmental Zone Uses
HF
MF
WG
WI
WP
SAP
WS
MGW
Conservation Related Uses
P
-
SP
-
-
-
-
-
Passive and Seasonal Recreation Uses
P
-
SP
-
-
-
-
-
Public or Private Parks
P
-
-
-
-
-
-
-
Agriculture Grazing and
Pasturage
P
-
-
-
-
-
-
-
Public Work Structures for
provision of Piped Services
P
-
-
-
-
-
-
-
Municipal Supply and Drainage
Facilities
P
-
SP
-
-
-
-
-
Underlying zone uses subject to MF
restrictions
-
P
-
-
-
-
-
-
Underlying zone uses subject to WI
restrictions
-
-
-
P
-
-
-
-
Underlying zone uses subject to WP
restrictions
-
-
-
-
P
-
-
-
Underlying zone uses subject to SAP
restrictions
-
-
-
-
-
P
-
-
Underlying zone uses subject to MGW
restrictions
-
-
-
-
-
-
-
C
Underlying Zone uses subject to FF
restrictions
-
-
-
-
-
-
-
-
Underlying zone uses subject to FE
restrictions
-
-
-
-
-
-
-
-
P - Permitted as-of-right through a development permit.
SP - Permitted by site plan approval.
DA - Permitted to apply to Council for a development agreement: note that other restrictions may apply.
C - Conditionally permitted: discretionary approval may apply, view zone requirements.
PART 10: ENVIRONMENTAL ZONES
Page 10-3
LAND USE BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
10.2. High Risk Floodplain (HF) Zone
10.2.1. Permanent Structures
No permanent structures shall be permitted in a High Risk Floodplain (HF) Zone except for Public Works
structures associated with the provision of piped services or unless the structure is accessory to the lawfully
existing main use of the property. Accessory structures shall comply with the setback from watercourses
provisions of this Bylaw.
10.2.2. Altering Land Levels
Significant alteration of topography means cutting or filling of more than 10% of the lot area zoned HF or
in excess of 93 m2 of HF zoned land, whichever is more stringent. Placing fill or significant alteration of
topography shall not be permitted in the HF Zone unless:
a) An environmental study conforming to the format in Appendix D has been conducted and clearly shows
that there will be no increase in flood elevation affecting other lands or areas, and no impairment of
flood flows, flood water storage or ice passage and no constriction likely to cause ice jamming that will
deleteriously affect development on adjacent properties.
b) Non-structural agriculture or gardening, non-structural recreation uses, road and utility construction and
impoundments for fire fighting purposes are not subject to this requirement.
c) The alteration is associated with a current or expanded resource extraction operation including but not
limited to clay, sand, gravel and peat which is not subject to this requirement.
10.2.3. No Development Permit
No development permit is required in an (HF) Zone for one or more of the following:
a) Structures incidental to proper road or utility construction.
10.2.4. No Disturbance to Normal High Water Mark
Notwithstanding any part of this section, no alteration of land levels (filling-in nor excavation) shall occur
within 30 m of the normal high water mark of a watercourse.
10.2.5. Public Works Structures
Public works structures shall be permitted within the 30 m setback from the normal high water mark of a
watercourse, subject to completing an environmental study conforming to Appendix D.
10.2.6. Non-Conforming Uses
Where there is a non-conforming use in a structure in the HF Zone, the non-conforming use may change to
a single unit residential use. The existing non-conforming use may not change to the single unit residential
use if the original non-conforming use had discontinued for a continuous period of 2 years. Any existing
basements shall not form part of the habitable space.
Page 10-4
PART 10 - ENVIRONMENTAL ZONES
10.3. Moderate Risk Floodplain (MF) Overlay Zone
10.3.1. Restrictions on Permitted Uses
In the Moderate Risk Floodplain (MF) Overlay Zone, permitted uses shall include all uses permitted in the
underlying zones with the following exceptions:
a) Residential institutions such as hospitals, senior citizen homes, homes for special care and similar facilities
where flooding could pose a significant threat to the safety of residents if evacuation became necessary;
and
b) Any use associated with the warehousing or the production of hazardous materials.
10.3.2. Floodproofing
All buildings in the MF Overlay Zone, except for public works structures, must be flood proofed in accordance
with the following requirements: No development permit shall be issued, with the exception of Public Works
structures, for reconstruction or additions to existing main buildings or construction of permitted main
buildings unless the following requirements are met:
a) Environmental Study has been completed by a qualified Nova Scotia engineer in conformance with the
format outlined in Appendix D and clearly shows that there will be no increase in flood elevation affecting
other lands or areas;
b) Minimum height of the new building slab shall be equal to 0.1 m above the established 1:100 year flood
elevation indicated on mapping prepared by CBCL in 2013. The flood elevation shall be established by using
the nearest floodplain point identified on the future conditions floodplain mapping;
c) Minimum setback for a permanent structure and the nearest normal high water mark of a watercourse shall
be 30 m;
d) Fill material used shall not consist of waste products or refuse, such as auto bodies, garbage, or wood fibre
waste;
e) Basements shall not be permitted and any proposed buildings shall be built with a slab at grade; and
f) After the footing stage of construction, the property owner shall provide the Development Officer with
a location certificate prepared by a Professional Surveyor indicating, in addition to the location of the
buildings or structures on the lot, the minimum slab level.
10.3.3. Altering Land Levels
Significant alteration of topography means cutting or filling of more than 10% of the lot area zoned MF or in
excess of 93 m2 of MF zoned land area, whichever is more stringent. Placing of fill or significant alteration of
topography shall not be permitted in the MF Zone unless:
a) An environmental study in conformance with the format in Appendix D has been conducted and clearly
shows that there will be no increase in flood elevation affecting other lands or areas, and no impairment
of flood flows, flood water storage or ice passage, and no constriction likely to cause ice jamming that will
deleteriously affect development on adjacent properties.
b) Non-structural agriculture and gardening, and accessory recreation uses, road and utility construction and
impoundments for fire fighting purposes are not subject to this requirement.
c) The alteration is associated with a current or expanded resource extraction operation including but not
limited to clay, sand, gravel and peat which is not subject to this requirement.
10.3.4. Setbacks
No development permit shall be issued for a permanent building within 30 m of the normal high water mark of
a watercourse with the exception of Public Works structures subject to completion of an environmental study
conforming to Appendix D.
Page 10-5
LAND USE BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
10.3.5. No Development Permit
No development permit is required in an MF Overlay Zone for one or more of the following:
a) Structures incidental to proper road or utility construction.
PUBLIC INFORMATION: Please acknowledge that minimum floodproofing does not guarantee prevention of
damage or loss in the event of a major flood.
Page 10-6
PART 10 - ENVIRONMENTAL ZONES
10.4. Watercourse Greenbelt (WG) Zone
10.4.1. Permanent Structures
No permanent structures shall be permitted in a WG Zone unless the structure is accessory to the lawfully
existing main use of the property. Accessory structures shall comply with the setback from watercourses
provisions of this Bylaw.
10.4.2. Vegetation Retention
To permit the control and management of subsurface and surface runoff, sedimentation and erosion lands
within the WG Zone shall be maintained with existing vegetation. Where it is not practicable to maintain
existing vegetation, a landscaped buffer shall be substituted. An environmental study completed by a qualified
professional must demonstrate the ability of the buffer to provide for sedimentation and erosion control and
management of subsurface and surface runoff.
10.4.3. Site Plan Approval
All permitted uses are subject to the approval of a site plan. The Development Officer shall approve a site plan
where the following matters have been addressed:
a) Site design and layout shall take into consideration the soil conditions and shall minimize the amount of
clearing and grubbing on steep slopes or erosive soils.
b) A minimum of 60% of the vegetation shall be retained.
c) Measures including lot grading shall be required to adequately dispose of storm and surface water from the
site. This may also include measures to direct overland flows away from downslope development areas.
d) All items required by this policy shall be adequately maintained in a manner which will not have adverse
impacts on the adjacent aquatic environment.
Application for site plan approval shall be in the form specified in Appendix C and shall be accompanied by a
sketch in sufficient detail to address all of the matters identified above. The refusal or approval of a site plan is
appealable to Council in the same manner as an appeal for a variance.
10.4.4. Altering Land Levels
Other than for the permitted uses in this section, placing of fill or significant alteration of topography shall not
be permitted in the (WG) Zone unless:
a) An environmental study in conformance with the format in Appendix D has been conducted and clearly
shows that there will be no increase in flood elevation affecting other lands or areas, and no impairment
of flood flows, flood water storage or ice passage, and no constriction likely to cause ice jamming that will
deleteriously affect development on adjacent properties.
b) Significant alteration of topography means cutting or filling of more than 10% of the lot area zoned WG
or in excess of 93 m2 of WG zoned land area, whichever is more stringent. Non-structural agriculture and
gardening, and accessory recreation uses, road and utility construction and impoundment for fire fighting
purposes are not subject to this requirement.
Page 10-7
LAND USE BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
10.5. Water Intake (WI) Overlay Zone
10.5.1. Permitted Uses
No development permit shall be issued in a WI Overlay Zone except for the following:
a) Underlying zone uses subject to the WI Overlay Zone restrictions.
10.5.2. Restrictions on Permitted Uses
All permitted uses are subject to the following restrictions:
a) No use of land is permitted which results in the escape or disposal of a waste product which would
constitute a toxic substance harmful to the sustained purity and flow of water in the Water Intake (WI)
Overlay Zone.
b) No use of land is permitted which results in the storage of materials which produces a leachate which
would constitute a toxic substance harmful to the sustained purity and flow of water in the Water Intake
(WI) Overlay Zone.
c) The following underlying zone uses shall be prohibited in the Water Intake (WI) Overlay Zone:
i)
HC and IC uses.
ii)
Any industrial development engaged in the production, wholesale storage, or distribution of dangerous
goods.
iii)
Any business development or storage facility intended to hold liquid or gaseous substances such as
hydrocarbons, or chemicals; except facilities intended to hold water or food.
iv)
Intensive livestock operations.
d) Private sewage treatment facilities shall be permitted in the Water Intake (WI) Overlay Zone, in accordance
with approval from Nova Scotia Environment.
Page 10-8
PART 10 - ENVIRONMENTAL ZONES
10.6. Watershed Protection (WP) Overlay Zone
10.6.1. Permitted Uses
No development permit shall be issued in a WP Overlay Zone except for the following:
a) Underlying zone uses subject to the WP Overlay Zone restrictions.
10.6.2. Restrictions on Permitted Uses
All permitted uses are subject to the following restrictions:
a) No use of land is permitted which results in the escape or disposal of a waste product which would
constitute a toxic substance harmful to the sustained purity and flow of water in the Water Protection (WP)
Overlay Zone.
b) No use of land is permitted which results in the storage of materials which produces a leachate which
would constitute a toxic substance harmful to the sustained purity and flow of water in the Water
Protection (WP) Overlay Zone.
c) The following underlaying zone uses shall be prohibited in the Water Protection (WP) Overlay Zone:
i)
Any industrial development engaged in the production, wholesale storage, or distribution of dangerous
goods.
ii)
Any business developments for the chemical treatment of timber resources.
iii)
Licensed scrap or salvage yard business developments.
iv)
Dry cleaning and laundry services.
v)
Any business development or storage facility intended to hold liquid or gaseous hydrocarbons; except
heating fuel used to heat any buildings on the site.
vi)
Automobile service station.
vii) Truck and vehicle service stations.
viii) Automobile Vehicle Repair & Maintenance.
ix)
Recycling facilities.
x)
Intensive livestock operations.
d) Private sewage treatment facilities shall be permitted in the Water Protection (WP) Overlay Zone, in
accordance with approval from Nova Scotia Environment.
e) Lawfully existing uses per the assessment records as of January 25th, 2012, are permitted uses subject to the
underlying zone.
Page 10-9
LAND USE BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
10.7. Shubenacadie Aquifer Protection (SAP) Overlay Zones 1, 2, &3
10.7.1. Permitted Uses
No development permit shall be issued in a (SAP-1, SAP-2 or SAP-3) Overlay Zones except for the following:
a) Underlying zone uses subject to the (SAP-1, SAP-2 or SAP-3) Overlay Zones restrictions.
10.7.2. Restrictions on Permitted Uses
All permitted uses are subject to the following restrictions:
a) No use of land is permitted which results in the escape or disposal of a waste product which would
constitute a toxic substance harmful to the sustained purity and flow of water in the Shubenacadie Aquifer
(SAP-1, SAP-2, & SAP-3) Overlay Zones.
b) No use of land is permitted which results in the storage of materials which produces a leachate which
would constitute a toxic substance harmful to the sustained purity and flow of water in the Water
Protection (WP) Overlay Zones.
c) Nothing in this Bylaw shall prevent non-intensive farm uses, including the use of the lands for the grazing of
animals and the growing of crops in the Shubenacadie Aquifer (SAP-1, SAP-2, & SAP-3) Overlay Zones.
d) The following underlying zone uses shall be prohibited in all the Shubenacadie Aquifer (SAP-1, SAP-2, &
SAP-3) Overlay Zones:
i)
Any industrial development engaged in the production, wholesale storage, or distribution of dangerous
goods.
ii)
Any business developments for the chemical treatment of timber resources.
iii)
Licensed scrap or salvage yard business developments.
iv)
Dry cleaning and laundry services.
v)
Any business development or storage facility intended to hold liquid or gaseous hydrocarbons; except
heating fuel used to heat any buildings on the site.
vi)
Automobile service station.
vii) Truck and vehicle service stations.
viii) Automobile Vehicle Repair & Maintenance.
ix)
Recycling facilities.
e) Intensive agricultural uses and buildings shall not be permitted in the Shubenacadie Aquifer (SAP-1) Overlay
Zone.
f) Intensive agricultural uses and buildings shall be permitted in the Shubenacadie Aquifer (SAP-2 & SAP-3)
Overlay Zones if the agricultural operation has an Environmental Farm Plan for their farming operation. A
copy of the Environmental Farm Plan has to be provided to the Development Officer at time of application
for Development Permit.
g) Private sewage treatment facilities shall be permitted in the Shubenacadie Aquifer (SAP-1, SAP-2, & SAP-3)
Overlay Zones, in accordance with approval from Nova Scotia Environment.
h) Lawfully existing uses per the assessment records as of June 30th, 2016, are permitted uses subject to the
underlying zone.
Page 10-10
PART 10 - ENVIRONMENTAL ZONES
10.8. Water Supply (WS) Zone
10.8.1. Permitted Uses
No development permit shall be issued in a WS Zone expect for one or more of the following:
a) Public works associated with flood control and water supply.
b) Existing agricultural uses.
10.8.2. Environmental Impact Study
Any change of use or the expansion of existing agricultural operations may be considered pending the findings
of a study prepared by a qualified professional on behalf of the applicant which demonstrates that there will be
no substantial negative impacts on water quality.
Page 10-11
LAND USE BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
10.9. Milford Groundwater (MGW) Overlay Zone
10.9.1. Subdivision in Milford Groundwater (MGW) Overlay Zone
In the Milford Groundwater (MGW) Overlay Zone, the subdivision of an area of land shall be limited to the
creation of four lots, unless approval has been given through a development agreement.
10.9.2. Multiple Dwelling Units
In the Milford Groundwater (MGW) Overlay Zone, the maximum number of dwelling units permitted in a
multiple unit building and townhouse building shall be four units.
10.9.3. Development Agreements
The following use shall be considered only by development agreement in the MGW Zone.
a) The subdivision of an area of land of more than four lots where the underlying zone permits the subdivision
of land.
b) developments having more than four units, where the underlying zone permits the development of lands
having more than four units.
c) water intensive commercial uses.
Regulation
Amendment Date
Description
Part 10
Approved by Counicl March 27,
2024
Housekeeping Amendment
Appendix
Amendment Date & Description
Map 1
South Corridor & Commercial Growth Management Area
Map 2
Milford Growth Management Area
Map 3
Shubenacadie Growth Management Area
Map 4
Mount Uniacke Growth Management Area
Map 5
Grand Lake /
Horne Settlement Growth Reserve Area
Map 6
Belnan Growth Reserve Area
Map 7
Lantz Growth Reserve Area
Map 8
Official Community Plan Area
Land Use Bylaw Maps
Land Use Bylaw Maps
Appendix A
Form-Based Zone Requirements for the
Village Core (VC) Zone
Appendix B
Application
Form-Based Zone Requirements shall apply to:
a. All properties within the Village Core (VC) Zones, except for:
i.
where one commercial use is replaced with another
commercial use of the same type occupancy, unless that
commercial use has not occupied the commercial space for
longer than two years;
ii. where renovations are occurring for an existing single unit or
two unit dwelling;
iii. where the use is a single unit or two-unit residential dwelling;
and
iv. renovations to buildings and properties of historical
importance, as determined by the Heritage Coordinator, where
the goal of the renovation is to restore the building or site to
its original design.
v. conversion of commercial building to single or two unit
residential dwelling in a structure that was originally
constructed as a residential building.
b. All new buildings, and alterations to existing buildings, greater than
100 m2.
c. The front of a building and to those sides of a building, which are
visible from the "Main" Street.
d. Any site changes within these zones including parking lot
expansion, new driveways or roads.
Information Required
Before a development permit is issued, the Development Officer shall
be provided with the following information where applicable:
a. Photographs showing all sides of an existing building.
b. Building elevations to scale showing the front, side and rear
elevations of the proposed development including all existing and
proposed building elements.
c. A site plan, to scale, showing all existing and proposed buildings,
all yard setbacks, location and design of parking, driveways and
vehicle circulation areas, pedestrian walkways and existing and
proposed landscaping and plantings.
d. A letter provided by the applicant indicating that the applicant and/
or owner agrees to carry out the terms of the site plan.
e. Any other information the Development Officer deems necessary
to properly evaluate the proposal.
Architectural Design Standards
The following requirements shall apply to the development of a
new main building or an addition exceeding 100 m2. In the case of
an addition, the design guidelines only apply to the addition, not the
existing building.
Building Scale and Mass
a. New buildings shall be constructed with a maximum height of
2.5 stories. Three stories will be permitted if the third story is
integrated into the roof design.
b. For single use commercial buildings, the maximum commercial
Turret
Gable
Window
Examples of buildings exteriors facing the "main
street".
floor area shall be 400 m2.
c. Buildings with more than 80% commercial ground-floor area can
exceed the existing 2.5 stories guidelines up to 4 stories, so long as
the 'sectional' roof area at the height of 11 m is less than 15% of the
building footprint.
d. The maximum gross floor area shall be 835 m2.
e. Large monolithic and monotonous buildings must be broken
down into a collection of architectural parts.
f.
Any horizontal building dimension that exceeds 15 m must be
broken into distinguishable 'architectural parts' using extending
faces, changes in roof styles, changes in colour, and/or articulation
in 'bays' to create an assemblage of architectural forms.
g. Single level buildings with a footprint greater than 370 m2 must
incorporate a roof which gives the appearance of a second story
using gabled windows, turrets or roof projections. The intent is to
reduce 'pancake' or strip mall proportions.
h. All sides of a building facing a street shall be designed as a street
facing facade.
i.
As-of-right residential development on the ground floor shall
be designed to allow for easy conversion to commercial use by
including the following design elements:
i.
at grade entrances facing the street;
ii.
ceilings minimum height of 3.05 m (10 ft);
iii. windows should maintain their historical proportions. In new
buildings 50% or more of the building frontage shall be glass
(no tinted, textured, reflective, or dark glass shall be permitted)
unless, the historic nature of the building requires other
treatments.
Style
The architectural styles in East Hants are varied and traditional.
The intent of the Style guidelines is to ensure that the style of new
development is consistent with the vernacular of each village core and
not with a placeless "corporate identity".
a. Developers must select and adhere to an architectural style already
found in the Village Core or neighbouring East Hants Village Core.
The developer should identify the style, and demonstrate how all
the building components reinforce the style (roof, siding, mass,
doors, windows, columns, etc.). The building must be recognizable
and identifiable. Bungalow style is not permitted.
b. Standard 'corporate box designs' are not permitted in the village
cores. Corporate chain outlets must be designed to fit the
architectural context of each village core.
c. For renovations, the style of the addition must either reinforce the
existing style or be one of the styles already found in the Village
Core.
d. Building components not visible from the 'main street' (e.g. the
back), can be built to a less stringent standard and do not require a
discernible style so long as the style is coordinated with the front.
e. The proposed signage must be shown on all elevation plans as
part of the approval process.
Roofs
Most of the traditional housing forms in East Hants incorporate peaked
roofs with a minimum 8:12 pitch. Many of these have gable ends
that face the street and eave overhangs. Gable and shed dormers are
prevalent.
a. Unless flat, roof pitches below 8:12 are permitted for no more
Architectural Bays are defined as the space
between architectural elements, or a recess or
compartment.
Dormer is a projecting structure built out from a
sloping roof, usually housing a vertical window or
ventilating louver (A Visual Dictionary of Architec
ture).
Gabled Dormer
Shed Dormer
Hipped Dormer
Segmental
Dormer
Eyebrow Dormers
Dormer Styles
than 25% of the roof area. The roof design should reinforce the
architectural style of the building. Variations in roof lines should be
used to add interest to, and reduce the scale of large buildings.
b. Cross gables, gable dormers and shed dormers are encouraged
wherever possible on roofs.
c. False roofs placed on facades to change the apparent proportions
of the building, shall look like 'real' roofs when viewed from any
angle on the 'main' street.
d. Eave and roof overhangs are encouraged particularly where they
provide shelter over main entries.
Materials
a. No structures shall be wrapped completely in vinyl siding.
Windows, Doors, and Ceiling Height
a. The main entry of the building must front on the 'main' street'.
If the building has multiple commercial units at least one
commercial unit has to front on the 'main street' with the main
entry of the unit facing the 'main street'. Buildings which front two
or more streets shall be designed to appear that the building fronts
on all streets.
b. Windows should maintain their historical proportions,
c. In new buildings 50% or more of the building frontage shall
be glass (no tinted, textured, reflective, or dark glass shall be
permitted) unless, the historic nature of the building requires other
treatments.
d. The minimum ground floor commercial ceiling height shall be
3.05 m (10 ft).
Site Design
a. No parking shall be permitted between the main Village Core
street and the building front. Locate parking to the side and/or rear
of the building. Entry driveways should not be placed within the
buildings frontage if at all possible. Loading doors shall not front
on the main street.
b. Buildings shall be located close to the main street so that they are
accessible and visible to pedestrians. At least 60% of the building's
frontage shall be within 12 m of the main street (front property
line). Any additional buildings on the lot are exempt, so long as the
additional building footprint does not exceed the building closest
to the main street. Buildings located on flag lots are exempt from
this requirement.
c. Main entrances for buildings shall front onto the main street and
be connected to the highway via a minimum 1.8 m wide walkway.
The walkway is to be constructed of concrete, natural stone or
pavers.
Landscape Guidelines
a. All trees greater than 15 cm diameter (measured at 8 cm from the
base) should be preserved wherever possible.
b. For any buildings set back 9 m or more from the front lot line,
one 60 mm Caliper (minimum) sized tree is required to be planted
between the building and the street for every 9 m of building
frontage. Notwithstanding the above, a tree is not required
when the portion of the street, on which the building fronts, has
Municipally owned street trees located on the same side of the
street as the building.
c. Trees shall be planted at a frequency of no less than one 60 mm
Caliper (minimum) tree per 2,000 m2 of disturbed site.
Gabled
Roof Styles
Hip
Gambrel
Mansard
Flat (with parapet)
Cross Gable
d. All disturbed areas of the site shall be landscaped.
e. A bike rack should be provided for all commercial developments
with 1 bike space per every 185 m2 of commercial floor space.
f.
An opaque buffer shall be placed along property where the
adjacent land use is residential. The buffer shall be a minimum
height of 1.5 m. Buffers are not permitted along property lines
adjoining streets.
g. Fences shall complement the style of the main building and
shall be one of the following types: wooden picket, metal picket,
baluster fence or common privacy fences such as treillage, or dog
eared. The following fences shall not be permitted: chain link,
stockade, split rail, basket weave or board-on-board batten.
h. The finished side of the fence shall face the public right-of-way or
the neighbouring property.
Outdoor Storage and Display
a. Commercial displays shall be limited to the display of retail
merchandise.
b. Displays shall be permitted only during the open hours of the
associated use.
c. Outdoor trash receptacles are to be located in the rear or side yard
and are to be screened from neighbouring buildings.
Drive-Thru Restaurant and Automobile Service Station Design
Requirements
The purpose of having design requirements for drive-thru restaurants
and automobile service stations in the Village Cores is to ensure the
character and quality of these businesses enhance the Village Cores.
Design requirements other than the ones listed below may be required
as part of the development agreement process to ensure these more
suburban uses do not detract from the compactness of the Village
Cores.
a. Buildings shall be located close to the street.
b. Ample landscaping shall be used in combination with the building
to enhance the streetscape and to help define the street edge.
c. A minimum of 50% of the pedestrian level street facing facade
shall be transparent.
d. The architectural detail and character of the building and gas
station canopy shall match surrounding property uses.
e. Design all sides of buildings and pump islands with a consistent
Village Core Parking Lot Configurations
Street
Unacceptable
Acceptable
Acceptable
Acceptable
Acceptable
Street
Street
Street
Street
Street
X
Sidewalk
Stacking car
Car wash opening
Escape lane
Start point of the
stacking lane
Continued sidewalk
at curb cut
1.5m-wide
pedestrian walkway
Loading area
Main entrance
Transparent window
Bike racks near the
main entrance
2m-wide pedestrian
walkway
Car wash opening
Vacuum station
Noise attenuation
Outdoor garbage storage
Underground tank
2 - 3m wide walkway
front of convenience store
Overhead canopy
Solid fencing as required
Transparent window
Truck route
Pump island
COMMERCIAL
Flush contrasting paving
Continued sidewalk at
curb cut
Public S treet
Public S treet
CO MMER CIAL
Car Wash
300 Sq. m.
Convenience
Store
Drive-thru Restaurant Design Example
Automobile Service Station Design Example
Reference: Urban Design Guidelines for Drive-Through Facilities, City of
Ottawa Planning and Growth Management Department.
Reference: Urban Design Guidelines for Gas Stations, City of Ottawa
Planning and Growth Management Department.
Regulation
Amendment Date
Description
architectural style to enhance streetscape.
f.
One set of customer entrance doors must open up to the "main
street" and shall provide access to the public sidewalk.
g. Parking areas and stacking lanes shall be located in the side or rear
yards, away from adjacent sensitive uses, such as residential and
outdoor amenity areas.
h. On-site circulation shall be designed to minimize conflicts
between pedestrians and vehicles. Pedestrian walkways shall be
provided where appropriate.
i.
Landscaping shall be used to help buffer the potential impacts of
the drive-thru or automobile service station.
Automobile Detailing
a. Shall be the secondary use of an existing residential or commercial
use.
b. Shall be located in the rear or side yard.
c. Space shall be limited to a maximum of 2 vehicles. A maximum of
a two bay garage or other related structure shall be permitted.
d. Waste water must be disposed of in accordance in all required
regulations and shall not be permitted to run off of the subject
property.
Shubenacadie Village Core (VC) Zone: Parking
a. For properties located within 400 metres of PID 45330214 and
where parking requirements cannot be met on-site, parking
requirements can be reduced as follows:
i.
The required commercial parking, for properties with existing
main buildings which will be retained, can be reduced by up to
100%.
ii.
The required commercial parking, for existing undersized lots
where any existing main buildings are not being retained, can
be reduced by a maximum of 50%.
b. In the Shubenacadie Village Core (VC) Zone, where there are site
constraints that don't enable the required parking to be provided
to the side or rear of a building, parking may be provided in the
front yard of a property. The Development Officer may consider
on street parking if it can be demonstrated that this is available
to the front of the property. All other requirements of the Form
Based Zone Requirements shall apply.
Appendix
A site plan must accompany this application which
adequately shows the following information:
C1
Application for Site Plan Approval
Rural Use (RU) Zone
a. all existing and proposed structures.
b. the location of all watercourses.
c. the location of all intensive livestock operations on
the subject property and neighbouring properties.
d. the distance between the proposed dwelling and
the intensive livestock operation.
e. location, extent and type of vegetation or other
fencing separating the proposed dwelling and the
intensive livestock operation.
C2
Application for Site Plan Approval
Agricultural Reserve (AR) Zone
a. all existing and proposed structures.
b. the location of all watercourses and wells.
c. the proposed location of all intensive livestock
operations on the subject property and
neighbouring properties.
d. the distance between the proposed intensive
livestock operation and the watercourse or well.
e. location, extent and type of vegetation or other
buffer separating the proposed intensive livestock
operation and the watercourse or well.
C3
Application for Site Plan Approval
Large Scale Wind Energy Developments
Information required by Appendix D.
Site Plan Approval Forms
Site Plan Approval Forms
Appendix C
C4
Application for Site Plan Approval
Residential Neighbourhood (LR, CR, R1, R2) Zones
a. all proposed and existing structures and areas for
outdoor storage & display are identified on the site
plan.
b. all proposed and existing automotive parking.
c. all proposed and existing bicycle parking.
d. all proposed and existing driveway accesses.
e. the type, location, and height of walls, fences,
hedges, trees, shrubs, ground cover, or other
landscaping necessary to protect and minimize the
land use impact on adjoining lands.
f.
all requirements under the Land Use Bylaw for
landscaping and hedges or fencing used for
buffering including proposed landscaping for yard
setbacks, parking areas, and property lines.
g. all retained vegetation including trees, shrubs, and
ground cover.
h. all proposed walkways are identified on the site
plan and are located to provide safe and accessible
pedestrian access to the commercial entrance from
the parking area and from the street.
i.
the type and location of outdoor lighting.
j.
All facilities for the storage of solid waste.
Building elevations to scale showing the front, side
and rear elevations of the proposed development must
also be submitted.
C5
Application for Site Plan Approval
Mixed Use (R2-T, R3, MC) Zones
a. all proposed and existing structures and areas for
outdoor storage & display are identified on the site
plan.
b. all proposed and existing automotive parking.
c. all proposed and existing bicycle parking.
d. all proposed and existing driveway accesses.
e. the type, location, and height of walls, fences,
hedges, trees, shrubs, ground cover, or other
landscaping necessary to protect and minimize the
land use impact on adjoining lands.
f.
all requirements under the Land Use Bylaw for
landscaping and hedges or fencing used for
buffering including proposed landscaping for yard
setbacks, parking areas, and property lines.
g. all retained vegetation including trees, shrubs, and
ground cover.
h. all proposed walkways are identified on the site
plan and are located to provide safe and accessible
pedestrian access to the commercial entrance from
the parking area and from the street.
i.
the type and location of outdoor lighting.
j.
all facilities for the storage of solid waste.
Building elevations to scale showing the front, side
and rear elevations of the proposed development must
also be submitted.
C6
Application for Site Plan Approval
Village Core (VC) Zone
a. all information identified as being required as part of
the Form Based Zone Requirements for the Village
Core (VC) Zone.
C7
Application for Site Plan Approval
Separated Commercial (GC, HC, RC, BP) Zones
a. all proposed and existing structures and areas for
outdoor storage & display are identified on the site
plan.
b. all proposed and existing automotive parking.
c. all proposed and existing bicycle parking.
d. all proposed and existing driveway accesses.
e. the type, location, and height of walls, fences,
hedges, trees, shrubs, ground cover, or other
landscaping necessary to protect and minimize the
land use impact on adjoining lands.
f.
all requirements under the Land Use Bylaw for
landscaping and hedges or fencing used for
buffering including proposed landscaping for yard
setbacks, parking areas, and property lines.
g. all retained vegetation including trees, shrubs, and
ground cover.
h. all proposed walkways are identified on the site
plan and are located to provide safe and accessible
pedestrian access to the commercial entrance from
the parking area and from the street.
i.
the type and location of outdoor lighting.
j.
all facilities for the storage of solid waste.
Building elevations to scale showing the front, side
and rear elevations of the proposed development must
also be submitted.
C8
Application for Site Plan Approval
Non-conforming Uses and/or Structures
a. all existing structures and/or existing partial
structures.
b. the proposed structure to be repaired, and the
portion of structure to be removed.
c. setbacks from all property lines.
d. footprint of original structure compared to footprint
of proposed repair to structure.
C9
Application for Site Plan Approval
Watercourse Greenbelt (WG)
a. all existing and proposed structures.
b. the location of all watercourses.
c. the location of all slopes exceeding 15% grade.
d. soil conditions.
e. location, extent and type of existing vegetation and
proposed vegetation to be removed.
C10
Application for Site Plan Approval
Campground Development
a. the dimensions and area of the lot.
b. all existing and proposed structures.
c. the location of all watercourses.
d. location, extent and type of existing vegetation and
proposed vegetation to be removed.
e. adjacent uses.
f.
buffering if required.
g. All elements, including parking, camp sites, public
gathering areas, loading areas, refuse, and outdoor
storage.
h. traffic circulation and pedestrian circulation.
i.
areas to be left undisturbed.
C11
Application for Site Plan Approval
Agrivoltaics
a. the proposed location and area of agrivolaics on the
lot.
b. the dimensions and area of the lot.
c. the location of all watercourses.
d. all existing and proposed structures on the lot.
e. setbacks from adjoining property lines and existing
or proposed structures.
f.
type and area of agricultural lands to be farmed.
g. any other information the Development Officer
deems necessary to properly evaluate the proposal.
Application for Site Plan Approval
Application for Site Plan Approval
Property Owners Name:
Appendix C:
Agent (if acting on behalf of owner):
Contact Person:
Mailing Address:
Email:
Description of Proposed Development:
Applicant's Signature
Date Application Received:
Site Plan:
Approved
Refused
Date Application Completed:
Initial:
Initial:
Development Officer's Signature
Date
Date
Environmental Study
Environmental Study
Appendix D
3 copies of the Environmental study must be submitted to the Development Officer of the Municipality of East
Hants. The study must contain the following information and conform to the following study format.
STUDY FORMAT
1.1. Introduction
1.1.1. Identification:
-
Property owner and abutting owners.
-
Zoning.
-
Site plan.
-
Subdivision plan if available.
-
Location of project site on plan.
1.1.2. Project description
-
Site plan to scale.
-
Distances of project to watercourses, ponds, and
drainage channel(s).
-
Total land area of project.
-
Cubic estimate and types of materials to be added or
taken from project site.
-
Existing and proposed slope of lands.
-
Nearest distance of the project to potable water
supplies.
1.2. Impact Description
Potential project affects upon:
-
Stormwater drainage and storage features on property and abutting properties.
-
Floodwater flows, increase in flooding, ice passage from flooding.
-
Unstable slopes.
-
Other development constraints.
1.3. Measures to Mitigate Negative Impacts
-
A description of mitigation measures and a draft implementation schedule timeline.
1.4. Conclusion
Will there be negative development impacts from the project.
1.5. Declaration
-
When study was conducted.
-
Signature of property owner(s).
-
Signature and qualifications of study author(s).
-
Date study submitted.
-
Contact address and phone numbers to be reached
for the study author and property owner)s).
1.6. Attached Supporting Information
Any additional descriptions of project, its impacts, and control measures.
Regulation
Amendment Date
Description
Requirements and Application for Large Scale Wind Developments
Appendix E
Requirements for Large Scale Wind Turbines and/or Wind Farms
Item Guide
Description
Site Plan
Provide an accurate and to scale site plan addressing the following:
a. proposed location of wind turbine(s) and related structure(s), as well as
existing structures;
b. proposed wind test tower sites;
c. proposed and existing roads;
d. adjoining property lines;
e. utility lines;
f.
topography and contours;
g. proposed landscaping;
h. environmentally sensitive lands, and watercourses
i.
direction of prevailing winds;
j.
noise levels at adjoining property lines;
k. type, size and location of any proposed security fencing;
l.
location of any proposed public safety signage; and
m. possible future site expansion.
Impact Study
Provide an impact study examining how the proposed wind turbine or
wind farm will affect neighbouring properties and community, including an
assessment on:
a. visual impact, including:
ii. how the turbine modifies the landscape, e.g. shadow flicker, wind
patterns, lighting, ice throws;
iii. visual perspective of the local community;
iv. visibility of the development from public viewpoints; and
v. proximity to conservation areas, as well as, provincial and municipal
parks.
b. noise impact including:
iii. existing background noise levels;
iv. expected noise levels associated with construction and operation of
the wind development;
v. if any, the effects increased noise levels will have on residents and
wildlife near the wind development; and
vi. decibel ratings for all equipment required in the wind development.
Visual Representation
Provide a visual representation including scale elevations, colour and
proportion of wind turbine(s), photographs and/or digital representations
showing placement and landscaping.
Manufacturer's Details
a. the turbine rated output in Kilowatts;
b. sound characteristics;
c. type of material used in tower, blade, and/or rotor construction;
d. suggested footing construction (engineered plans); and
e. safety features.
Decommissioning/Reclamation
Provide a plan for decommissioning and reclamation of the land.
Application
Complete the application for site plan approval in Appendix B.
Regulation
Amendment Date
Description
Map of Special MC Zone Area
Appendix F
Regulation
Amendment Date
Description