This is the exact embedded text of the captured official document.
Snapshot 8d17d29ad693 · verified 2026-10-18 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
LAND USE BY-LAW
BEAVER BANK,
HAMMONDS PLAINS AND
UPPER SACKVILLE
THIS COPY IS A
REPRINT OF THE BEAVER BANK,
HAMMONDS PLAINS AND UPPER SACKVILLE
LAND USE BY-LAW
WITH AMENDMENTS TO
FEBRUARY 2, 2026
LAND USE BY-LAW
FOR
BEAVER BANK, HAMMONDS PLAINS AND UPPER SACKVILLE
THIS IS TO CERTIFY that this is a true copy of the
Land Use By-law for Beaver Bank, Hammonds Plains and Upper
Sackville which was passed by a majority vote of the Regional
Council at a duly called meeting held on the 9th day of November,
1999, and approved by the Minister of Municipal Affairs on the 4th
day of May, 2000, which includes all amendments thereto which
have been adopted by the Halifax Regional Municipality and are in
effect as of the 2nd day of February, 2026.
GIVEN UNDER THE HAND of the Municipal Clerk
and under the seal of Halifax Regional Municipality this day of
___________________________20___, A.D.
_________________________
Municipal Clerk
LAND USE BY-LAW
FOR
BEAVER BANK, HAMMONDS PLAINS AND UPPER SACKVILLE
Please note that HRM Council at its meeting on May 9, 2000, approved a motion to insert the
following notation in the Land Use By-law as follows:
The provisions of the zones described in this bylaw do not apply to property owned or occupied
by Her Majesty the Queen in right of the Province of Nova Scotia or Canada in respect of a use of
the property made by the Crown. Where a privately owned or occupied property is to be used for
a federally regulated activity, the federal jurisdiction may, depending on the particular
circumstances, override the requirements of this bylaw.
Table of Contents
PART 1:
TITLE ................................................................................................................. 1
PART 2:
DEFINITIONS ................................................................................................... 1
PART 3:
ZONES AND ZONING MAPS ....................................................................... 14
PART 4:
GENERAL PROVISIONS FOR ALL ZONES ............................................... 19
4.1 DEVELOPMENT PERMITS .................................................................. 19
4.2 LICENCES, PERMITS AND COMPLIANCE WITH OTHER
BY-LAWS ........................................................................................................ 19
4.3 SEWAGE DISPOSAL AND WATER SYSTEMS ................................ 20
4.4 ONE DWELLING ON A LOT ............................................................... 20
4.5 EXISTING UNDERSIZED LOTS .......................................................... 20
4.6 REDUCED FRONTAGE OR AREA ..................................................... 20
4.7 ROAD ENTRANCE RESERVES .......................................................... 21
4.8 EXISTING BUILDINGS ........................................................................ 21
4.9 EXISTING USES .................................................................................... 21
4.9A EXISTING NON-RESIDENTIAL USES (RC-Apr29/25;E-
May26/25) ....................................................................................................... 21
4.10 NON-CONFORMING USES ............................................................... 22
4.11 ACCESSORY USES AND BUILDINGS ............................................. 22
4.11A ACCESSORY HEN USE (RC- Oct 05/21; E-Jan 08/22) .............. 22
4.12 ACCESSORY BUILDINGS ................................................................ 23
4.12A SECONDARY SUITES AND BACKYARD SUITES (RC-Sep
1/20;E-Nov 7/20) ............................................................................................. 23
4.12AA SHIPPING CONTAINERS (RC-Dec 11/25;E-Feb 2/26) ............. 24
4.13 TEMPORARY CONSTRUCTION USES PERMITTED (RC-Jan
20/09;E-Feb 7/09) ............................................................................................ 24
4.14 VEHICLE BODIES ............................................................................... 25
4.15 RESTORATION TO A SAFE CONDITION ....................................... 26
4.16 BUILDING TO BE MOVED ................................................................ 26
4.17 HEIGHT REGULATIONS ................................................................... 26
4.18 WATERCOURSE SETBACKS AND BUFFERS (RC-Jun 25/14;E-
Oct 18/14) ........................................................................................................ 26
4.19 REDUCED FRONTAGE ON A CURVE ............................................. 27
4.20 DAYLIGHTING TRIANGLE .............................................................. 27
4.21 PERMITTED ENCROACHMENTS .................................................... 27
4.22 YARD EXCEPTION ............................................................................. 28
4.23 ILLUMINATION .................................................................................. 28
4.24 SEPARATION BETWEEN MAIN BUILDINGS ................................ 28
4.25 USES PERMITTED ON PRIVATE ROADS AND SCHEDULE "A"
ROADS ............................................................................................................. 28
4.26 PARKING REQUIREMENTS ............................................................. 28
4.27 STANDARDS FOR PARKING LOTS ................................................. 30
4.28 LOADING SPACE REQUIREMENTS ................................................ 31
4.29 COMPOSTING OPERATIONS ........................................................... 31
4.30 SCHEDULE F - AREAS OF ELEVATED ARCHAEOLOGICAL
POTENTIAL (RC-Jun 25/14;E-Oct 18/14) .................................................. 32
4.31 SCHEDULE G - WETLANDS (RC-Jun 25/14;E-Oct 18/14) ......... 32
4.32 WIND ENERGY FACILITIES (RC-Jun 25/14;E-Oct 18/14) ......... 32
4.33 PUBLIC TRANSIT FACILITIES (RC-Jun 25/14;E-Oct 18/14) .... 36
4.34 CANNABIS-RELATED USES (RC-Sep 18/18;E-Nov 3/18) ........... 37
4.35 SHORT-TERM RENTALS (RC-Feb 21/23;E-Sep 1/23) ................. 37
4.36 Modified Floodproofing Area Special Requirements (RC-
Apr29/25;E-May26/25) ................................................................................... 37
4.37 DEVELOPMENT AGREEMENTS FOR ADAPTIVE REUSES IN
RURAL HRM (RC-Dec 11/25;E-Feb 2/26) .................................................. 38
PART 5:
SIGNS ............................................................................................................... 39
PART 6:
R-1 (SINGLE UNIT DWELLING) ZONE ...................................................... 43
PART 7:
R-1A (AUXILIARY DWELLING UNIT) ZONE ........................................... 46
PART 7A:
R-1B (AUXILIARY DWELLING WITH HOME BUSINESS) ZONE (RC-Sep
13/11;E-Oct 29/11) ........................................................................................... 48
PART 7B: R-1C (SMALL LOT SINGLE UNIT DWELLING) ZONE ...................................... 50
PART 8:
R-2 (TWO UNIT DWELLING) ZONE ........................................................... 52
PART 9:
R-3 (MOBILE DWELLING) ZONE ............................................................... 54
PART 10:
R-3A (MOBILE HOME PARK) ZONE .......................................................... 55
PART 11:
R-6 (RURAL RESIDENTIAL) ZONE ............................................................ 56
PART 12:
R-8 (SPECIAL AREA) ZONE ......................................................................... 59
PART 13:
MU-1 (MIXED USE) 1 ZONE ........................................................................ 61
PART 14:
MU-2 (MIXED USE TWO) ZONE ................................................................. 65
PART 15:
GU-1 (GENERAL USE) ZONE (RC-Jan 10/23;E-Feb 3/23) .......................... 69
PART 16:
C-2 (GENERAL BUSINESS) ZONE .............................................................. 74
PART 17:
C-4 (HIGHWAY COMMERCIAL) ZONE ..................................................... 76
PART 17A:
C-5 (HAMMONDS PLAINS COMMERCIAL) ZONE (RC-Feb 9/10;E-Apr
3/10) .................................................................................................................. 78
PART 18:
C-6 (COMMERCIAL ENTERTAINMENT) ZONE ....................................... 86
PART 19:
I-1 (MIXED INDUSTRIAL) ZONE ................................................................ 87
PART 20:
I-4 (FORMER SANITARY LANDFILL SITE) ZONE .................................. 90
PART 21:
MR-1 (MIXED RESOURCE) ZONE .............................................................. 91
PART 22:
P-2 (COMMUNITY FACILITY) ZONE ......................................................... 94
PART 23:
RPK (REGIONAL PARK) ZONE (RC-Jun 25/14;E-Oct 18/14) .................... 96
PART 24:
PWS (PROTECTED WATER SUPPLY) ZONE (RC-Jun 25/14;E-Oct 18/14)
.......................................................................................................................... 97
PART 25:
(RC-Apr29/25;E-May26/25) 1987 FP (FLOODPLAIN) ZONE ..................... 98
PART 25A 2024 FWO (FLOODWAY OVERLAY) ZONE (RC-Apr29/25;E-May26/25) .... 100
PART 25B 2024 FFO (FLOOD FRINDGE OVERLAY) ZONE (RC-Apr29/25;E-May26/25)
........................................................................................................................ 104
PART 26:
COMPREHENSIVE DEVELOPMENT DISTRICT (CDD) ZONE ............. 106
PART 26A:
CD-1 (C&D MATERIALS TRANSFER STATIONS) ZONE ...................... 107
PART 26B:
CD-2 (C&D MATERIALS PROCESSING FACILITIES) ZONE ................ 110
PART 26C:
CD-3 (C&D MATERIALS DISPOSAL SITES) ZONE ................................ 112
PART 26D:
ICH (INFRASTRUCTURE CHARGE HOLDING) ZONE .......................... 114
PART 26E:
BEDFORD WEST COMPREHENSIVE DEVELOPMENT DISTRICT
(BWCDD) ZONE ........................................................................................... 115
PART 26F:
US (URBAN SETTLEMENT) ZONE (RC-Jun 25/14;E-Oct 18/14) ............ 116
PART 26G:
TR (TRANSPORTATION RESERVE) ZONE (RC-Jun 25/14;E-Oct 18/14)
........................................................................................................................ 117
PART 27:
ADMINISTRATION ..................................................................................... 118
APPENDIX A: EXISTING BUSINESS USES ....................................................................... 119
APPENDIX A-1: EXISTING SENIOR CITIZENS HOUSING USES (RC-Sep 12/23;E-Oct
10/23) .............................................................................................................. 121
APPENDIX C: BEAVER BANK - DESCRIPTION .............................................................. 123
APPENDIX D: C-5 ZONE SITE PLAN APPROVAL SUBMISSION REQUIREMENTS (RC-
Feb 9/10;E-Apr 3/10) ..................................................................................... 125
APPENDIX E: INTERIM BONUS ZONING REQUIREMENTS FOR APPLICABLE PLAN
AMENDMENT APPLICATIONS (RC-Mar 21/23;E-Apr 19/23) ................ 126
SCHEDULE F: AREAS OF ELEVATED ARCHAEOLOGICAL POTENTIAL (RC-Jun
25/14;E-Oct 18/14) ......................................................................................... 134
SCHEDULE G: WETLANDS (RC-Jun 25/14;E-Oct 18/14) ................................................... 135
SCHEDULE H: WIND ENERGY ZONING (RC-Jun 25/14;E-Oct 18/14) ............................. 136
SCHEDULE I: INDIGO SHORES SPECIAL PLANNING AREA (Special Area Task Force-
Apr 21/22;E-May 20/22) ................................................................................ 137
SCHEDULE J: LANDS SUBJECT TO INTERIM BONUS ZONING REQUIREMENTS (RC-
Mar 21/23;E-Apr 19/23) ................................................................................. 138
SCHEDULE K - 1-IN-100-YEAR FLOOD ELEVATION MARKERS (RC-Apr29/25;E-
May26/25) ...................................................................................................... 140
SCHEDULE L: LANDS SUBJECT TO PROVISION 7B.3 (PID 00468694) (RC-Dec 11/25;E-
Feb 2/26) ......................................................................................................... 141
SCHEDULE:
1-A, 1-B, 1-C, 1-D AND 1-E Zoning Maps
Separate
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 1
PART 1:
TITLE
This By-law shall be cited as the "Land Use By-law for Beaver Bank, Hammonds Plains and Upper
Sackville within Halifax Regional Municipality.
PART 2:
DEFINITIONS
In this By-law the word "shall" is mandatory and not permissive. Words used in the present tense
shall include the future; words used in the singular number shall include the plural and words used
in the plural number shall include the singular. The word "used" shall include "intended to be
used", "arranged" and "designed". All other words shall carry their customary meaning except for
those defined hereinafter:
2.1
ACCESSORY BUILDING OR STRUCTURE means a building or structure which is used
exclusively for an accessory use and which is not attached in any way to the main building
and which conforms with all applicable requirements of this by-law.
2.2
ACCESSORY USE means a use which is subordinate, normally incidental, and
exclusively devoted to a main use or building permitted under the provisions of this
by-law and, where residential uses are permitted by this by-law, shall include home
occupations related to the domestic arts of cooking, sewing, tutoring or repairing
household articles, or related to traditional crafts carried on within a dwelling
without alteration to the dwelling and without devoting any space within the dwelling
exclusively to such occupations (RC- Oct 05/21; E-Jan 08/22.
2.3
AGRICULTURAL USE means the use of land and buildings for the production of food,
fibre or flora or the breeding and handling of animals and includes retail or market outlets
for the sale of perishable agricultural goods or for the handling of animals, but shall not
include intensive agriculture uses.
2.4
AGRICULTURAL USE - INTENSIVE means the use of land and buildings in which the
predominant use is for the commercial raising of poultry, turkeys, or other fowl, fur
bearing animals, swine, the commercial growing of mushrooms, a slaughterhouse, a
broiler plant, or land used as an animal feed lot, managed to maximum production and
output in a confined area.
2.5
ALTERATION means any change in the structural component or any increase in the
volume of a building or structure.
2.6
ATTACHED BUILDING means a building otherwise complete in itself, which depends
for structural support, or complete enclosure upon a division wall or walls shared in
common with an adjacent building or buildings.
2.7
BED AND BREAKFAST (Deleted: RC-Feb 21/23;E-Sep 1/23)
2.8
BOARDING OR ROOMING HOUSE (Deleted: RC-Aug 9/22;E-Sep 15/22)
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 2
2.9
BUILDING means any structure whether temporary or permanent, used or built for the
shelter, accommodation or enclosure of persons, animals, materials or equipment and
includes any vessel or shipping (RC-Dec 11/25;E-Feb 2/26) container used for any of
the foregoing purposes.
2.9A
CANADIAN GEODETIC VERTICAL DATUM (CGVD28) - means the vertical
datum for Canada officially adopted by an Order in Council in 1935. CGVD28 is a
tidal datum defined by the mean water level at five tide gauges: Yarmouth and
Halifax on the Atlantic Ocean, Pointe-au-Père on the St-Lawrence River, and
Vancouver and Prince-Rupert on the Pacific Ocean. In addition, the definition
includes an elevation at a benchmark in Rouses Point, NY (next to Lake Champlain)
accepted as fixed by the US and Canada in 1925. The datum is propagated in land
using geodetic levelling measurements. The vertical datum is accessible through
benchmarks anchored to the ground and stable structures. The heights in terms of
CGVD28 are in normal-orthometric system. (RC-Jun 25/14;E-Oct 18/14)
2.9B CANNABIS LOUNGE means premises where the primary purpose of the facility is
the consumption of cannabis, cannabis products or any of its derivatives such as oils
or edible products. A cannabis lounge may or may not include cannabis retail sales.
(RC-Sep 18/18;E-Nov 3/18)
2.9C CANNABIS PRODUCTION FACILITY means premises used or occupied by a
person or organization licensed by the Government of Canada for the production of
cannabis or cannabis products,
(a)
including
(i)
where cannabis or any of its derivatives, such as resin or oils, is grown,
cultivated, harvested, manufactured, processed, packaged, or labelled,
and
(ii)
associated activities permitted by the federal license, such as research
and development, storage, and destruction, and
(b)
excluding
(i)
industrial hemp, and
(ii)
premises used for personal production permitted by federal legislation.
(RC-Sep 18/18;E-Nov 3/18)
2.9D CANNABIS RETAIL SALES means premises used for the retail sale of cannabis,
cannabis products or any of its derivatives, such as oils or edible products, to the
general public. (RC-Sep 18/18;E-Nov 3/18)
2.10
COMMERCIAL ENTERTAINMENT USE means any building or part of a building
which is used for commercial entertainment, amusement or relaxation and, without
limiting the generality of the foregoing may include a tavern, nightclub or other beverage
room, an arcade, bingo hall, dance hall, a pool or billiard hall, or bowling alley, but shall
not include theatres or cinemas.
2.11
COMMERCIAL RECREATION USE means a building or lot or part of a building or lot
used solely for commercial recreation or sport purposes and without limiting the generality
of the foregoing, may include animal or vehicle racing tracks, rifle ranges, marinas, golf
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 3
courses, amusement parks and centres, and commercial camping grounds, and may
include a dwelling unit or dwelling units for maintenance or security personnel.
2.12
COMMERCIAL VEHICLE means any vehicle which is licensed as a commercial carrier
as determined by the Registrar of Motor Vehicles and with a registered vehicle weight of
over three (3) ton (3.1 tonnes).
2.12A CEMETERY means the use of land or structures for the interment of human
remains but shall not include the use of structures for crematoriums. (NWCC-Dec
18/03;E-Jan 11/04)
2.13
COMMUNITY CENTRE means any tract of land or building or any part of a building
used for community activities whether used for commercial purposes or not, the control
of which is vested in the Municipality, a local board or agent thereof, but shall not include
fraternal centre.
2.14
COMPOSTING OPERATION means a public or private solid waste management facility
where the waste is processed using composting technology which may include physical
turning, windrowing, in-vessel, static pile aeration or other mechanical handling of organic
matter and where the annual production of compost material exceeds 60 cubic metres.
2.14A CONSERVATION USE means any activity carried out for the purpose of conserving
soils, water, vegetation, fish, shellfish, including wildlife sanctuaries and similar uses
to the foregoing. (RC-Jun 25/14;E-Oct 18/14)
2.14B CONSTRUCTION AND DEMOLITION MATERIALS, hereinafter referred to as
C&D Materials, means materials which are normally used in the construction of
buildings, structures, roadways, walls and landscaping features, and includes, but is
not limited to, soil, asphalt, brick, concrete, ceramics, porcelain, window glass,
mortar, drywall, plaster, cellulose, fiberglass fibres, lumber, wood, asphalt shingles
and metals. (RC-Jun 25/14;E-Oct 18/14)
2.14C CONSTRUCTION AND DEMOLITION MATERIALS DISPOSAL SITE,
hereinafter referred to as a C&D Disposal Site, means land and /or buildings or part
of a building where C&D Materials, or Residue remaining from C&D Processing
Facilities, are disposed of by land application or burying, and shall not include the
use of inert C&D materials, approved by Provincial Department of the Environment
and Labour, for site rehabilitation within gravel pits and quarry operations licensed
by the Province of Nova Scotia. (RC-Jun 25/14;E-Oct 18/14)
2.14D CONSTRUCTION AND DEMOLITION MATERIALS PROCESSING FACILITY,
hereinafter referred to as a C&D Processing Facility, means lands and/or buildings
or part of a building used to sort, alter, grind, or otherwise process, C&D Materials
for reuse or recycling into new products, and shall not include a Used Building
Material Retail Outlet, an operation that processes inert C&D Materials on the site
of generation and the material processed does not leave the site except for inert C&D
Materials described in Sub-Section 9(3) of HRM C&D License By-law (L-200 and L-
201), de-construction of a building on site, a municipal processing facility for used
asphalt and concrete, or facilities associated with reclamation of a gravel pit or
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 4
quarry operations licensed by the Province of Nova Scotia or forestry manufacturing
processes. (RC-Jun 25/14;E-Oct 18/14)
2.14E CONSTRUCTION AND DEMOLITION MATERIALS TRANSFER STATION,
hereinafter referred to as a Transfer Station, means land and/or buildings or part of
a building at which C&D Materials are received and sorted for subsequent transport
to a C&D Disposal Site or a C&D Processing Facility. (RC-Jun 25/14;E-Oct 18/14)
2.15
COUNCIL means the Council or Community Council of Halifax Regional Municipality.
2.16
DAYLIGHTING TRIANGLE means the triangular shaped land which is that part of and
within a corner lot, adjacent to the intersection of the front lot line and the flankage lot
line, and which is measured, from such intersection and along each street line the distance
required by this By-law and, along a straight line joining the points of the required distance
along each street line. In the case of a through lot, a daylighting triangle shall also be
adjacent to the intersection of the rear lot line and the flankage lot line and shall be
measured from such intersection the distance required by this By-law and along a straight
line joining the points of such distance.
2.17
DAY CARE FACILITY means a building, part of a building or other place, whether
known as a day nursery, nursery school, kindergarten, play school or by any other
name, with or without stated educational purpose, the operator of which for
compensation or otherwise, receives for temporary care or custody, on a daily or
hourly basis, during all or part of the day, apart from parents, more than three (3)
children not of common parentage and up to and including twelve (12) years of age;
but does not include a nursery school or kindergarten conducted as part of a school,
college, academy or other educational institution where instruction is given in
Grades Primary to VII. (RC-Mar 3/09;E-Mar 21/09)
2.18
DEVELOPMENT OFFICER means the officer of Halifax Regional Municipality, from
time to time charged by the Municipality with the duty of administering the provisions of
this By-law.
2.19
DISPLAY COURT means an area of land where goods are displayed which are, or which
are similar to other goods which are, available for sale to the general public from a retail
outlet located on the same lot or on another lot. Without limiting the generality of the
foregoing, outdoor display includes the display of cars, trucks, vans, motor homes, trailers,
boats, snowmobiles, motorcycles, swimming pools, decorative fountains and
prefabricated cottages and homes.
2.20
DWELLING
(a)
Dwelling means a building or part of a building, occupied or capable of being
occupied as a home or residence by one or more persons, and containing one or
more dwelling units but shall not include a hotel, a motel, apartment hotel or hostel.
(b)
Dwelling, Auxiliary means a self-contained dwelling unit within a single unit
dwelling which is secondary to the main residential use of the property and does
not exceed forty (40) percent of the gross floor area of the main structure.
(c)
Dwelling Unit means one or more habitable rooms designed, occupied or intended
for use by one or more persons as an independent and separate housekeeping
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 5
establishment in which a kitchen, sleeping and sanitary facilities are provided for
the exclusive use of such persons.
(d)
Dwelling, Single Unit means a building which is a completely detached dwelling
unit, and includes a mobile dwelling. (RC-Oct 11/22;E-Nov 16/22)
(e)
Dwelling, Mobile means a detached 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 twenty (20) feet (6.1 m).
(f)
Dwelling, Two Unit means a building containing two (2) dwelling units.
(g)
Dwelling, Multiple Unit means a building containing three (3) or more dwelling
units.
2.21
ERECT means to build, construct, reconstruct, alter or relocate, and without limiting the
generality of the foregoing, shall be taken to include any preliminary physical operation
such as excavating, grading, piling, cribbing, filling or draining and structurally altering
any existing building or structure by an addition, deletion, enlargement or extension.
2.22
ESTABLISHED GRADE means with reference to a building, the average elevation of the
finished surface of the ground where it meets the exterior of such building, and when used
with reference to a structure, shall mean the average elevation of the finished grade of the
ground immediately surrounding such structures, exclusive in both cases of any artificial
embankment or entrenchment and when used with reference to a street, road or highway
means the elevation of the street, road or highway established by the Municipality or other
designated authority.
2.23
EXCAVATING SERVICES means operations which involve buildings used for the
storage of machinery related to excavating services and/or the storage of aggregate
materials, extraction on site, and the processing of top soil, but does not include operations
which involve crushing, blasting, or screening.
2.24
EXTRACTIVE FACILITIES means all buildings, aggregate plants, material storage areas
and weigh scales associated with extractive uses which involve screening, blasting or
crushing but does not include structures or storage areas which are fundamental to the
activities of mining or extraction.
2.25
EXISTING means in existence on the effective date of this By-law.
2.25A EXISTING SENIORS CITIZENS HOUSING means housing designed for
occupation by senior citizens, located on those properties listed in Appendix A-1.
(RC-Sep 12/23;E-Oct 10/23)
2.26
FISHING USE means any use associated with fishing, including boat and equipment
storage and maintenance buildings and yards and retail and wholesale outlets for fish and
fish products, a smokehouse, and/or an operation where a fisherman himself or his crew
processes his own catch but does not include a fish processing plant.
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 6
2.26A FLOODWAY means the inner portion of the floodplain having a 5% chance of
flood occurring in any given year (the 1-in-20-year flood elevation). Under this by-
law, the Floodway flood elevation is derived from the model that accounts for
Climate change conditions for the Western University IDF-CC Tool upper bound
result for the 2070 - 2099 period under the Sackville Rivers Floodplain Study
Phase II produced by CBCL in 2017. (RC-Apr29/25;E-May26/25)
2.26B FLOOD FRINGE means the outer portion of the floodplain, between the 1-in-20-
year floodway and the outer boundary of the floodplain, having a 1% chance of
flood occurring in any given year (the 1-in-100-year flood elevation). Under this by-
law, the Flood Fringe flood elevation is derived from the model that accounts for
Climate change conditions for the Western University IDF-CC Tool upper bound
result for the 2070 - 2099 period under the Sackville Rivers Floodplain Study
Phase II produced by CBCL in 2017. (RC-Apr29/25;E-May26/25)
2.27
FORESTRY USE means commercial silviculture and the production of timber or pulp and
any uses associated with a forestry use, including sawmills, shingle mills, vehicle and
equipment storage and maintenance buildings and yards and retail and wholesale outlets
for wood and wood products.
2.28
FRATERNAL CENTRES means any lot or building operated by members of a fraternal
organization and, without limiting the generality of the foregoing, may include such
establishments as a Legion, Lion's Club, Knights of Columbus or Kiwanis.
2.29
GOLF COURSE means a public or private area operated for the purpose of playing golf
and related activities including a club house, and administration buildings. The foregoing
is specifically limited by excluding permanent residential accommodation of any type
except a dwelling unit or dwelling units provided for maintenance or security personnel.
2.30
GROSS FLOOR AREA means the aggregate of the floor areas of a building above and
below grade, measured between the exterior faces of the exterior walls of the building at
each floor level but excluding car parking areas within the building; and for the purpose
of this clause, the walls of an inner court shall be deemed to be exterior walls.
2.31
HEIGHT means the vertical distance of a building between the established grade and
highest point of the roof surface for flat, hip, or gable roofs, and to the deckline for
mansard and gambrel roofs. In the case of multi-unit dwellings, height shall mean the
vertical distance of a building between the established grade and the highest point of the
roof surface for flat roofs, and to one- quarter the height between the finished ceiling of
the uppermost floor and the highest point of any other roof type, and provided that no roof
space be used for human habitation.
2.31A HEN means adult female chicken. For the purposes of this by-law hens associated
with an accessory hen use are not livestock (RC- Oct 05/21; E-Jan 08/22).
2.32
HOME BUSINESS USES means the accessory use of a dwelling for gainful employment
involving the provision or sale of goods and/or services and without limiting the generality
of the foregoing does not include restaurants, take-outs, convenience stores, the boarding
of animals, taxi stands or any use deemed to be obnoxious.
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 7
2.33
INSTITUTIONAL USE means any educational or denominational use, day care facility,
shared housing with special care (RC-Aug 9/22;E-Sep 15/22), fire and police station,
public works, hospital and medical clinic, public library, museum and gallery, community
centre and hall, government office, recreational use or open space use.
2.34
KENNEL means a building or structure used for the enclosure of more than two dogs
which are kept for the purposes of commercial breeding or showing or for commercial
boarding with or without veterinary care.
2.35
LIVESTOCK means horses, cows, pigs, sheep, goats and fowl, whether or not they are
kept for commercial purposes.
2.36
LOADING SPACE means an area of land provided and maintained upon the same lot or
lots upon which the main use is located and which has adequate access to permit ingress
and egress by means of driveways, aisles or manoeuvring areas and which is used for the
temporary parking of a commercial motor vehicle while merchandise or materials are
being loaded or unloaded from the vehicles.
2.37
LOCAL COMMERCIAL USE means a building which is used for the sale of goods and
services required by households on a daily basis and may include a convenience store,
video store and/or personal service shop.
2.38
LOT means any area of land or parcel described in a deed filed in the Office of the
Registrar of Deeds for Halifax County on or before the effective date of this By-law, or is
described in a plan and deed pursuant to the Land Titles Clarification Act or is approved
on a plan of subdivision endorsed and filed in the Office of the Registrar of Deeds for
Halifax.
(a)
Corner Lot means a lot situated at the intersection of, and abutting on, two or more
streets.
(b)
Through Lot means a lot bounded on two opposite sides by streets or highways
provided, however, that if any lot qualifies as being both a corner lot and a through
lot as herein before defined, such lot shall be deemed to be a corner lot for the
purpose of this By-law.
2.39
LOT AREA means the total horizontal area within the lot lines of a lot.
2.40
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
mid-points of the front and rear lot lines.
2.41
LOT FRONTAGE means the horizontal distance between the side lot lines as measured
along the front lot line. In the case of a corner lot with a daylighting triangle the front and
flankage lot lines shall be deemed to extend to their hypothetical point of intersection for
the purpose of calculating the frontage.
2.42
LOT LINE
(a)
Lot Line means a boundary or exterior line of a lot.
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 8
(b)
Front Lot Line means the line dividing the lot from the street or from the private
road; and
(i)
in the case of a corner lot - the shorter boundary line abutting the street shall
be deemed to be the front lot line and the longer boundary line abutting the
street shall be deemed to be the flankage lot line; and where such lot lines
are of equal length, the front lot line shall be either of the lot lines and the
other lot line shall be the flankage lot line; boundaries dividing the lot from
a street shall be deemed to be the front lot line; or
(ii) in the case of a lot which has as one of its boundaries the shore line of a lake
or the bank of a river, the lot line facing the access road shall be deemed to
be the front lot line.
(c)
Rear Lot Line means the lot line farthest from or opposite to the front lot line.
(d)
Side Lot Line means a lot line other than a front or rear lot line.
(e)
Flankage Lot Line means a side lot line which abuts the street on a corner lot.
2.43
LIC means the Land Information Centre whose property identification numbering system
is used in this By-law to identify particular land parcels. The LIC is an agency of the
Council of Maritime Premiers established on the authority of Order in Council of the
Provinces of Nova Scotia, New Brunswick and Prince Edward Island under the Council
of Maritime Premiers Act in order to produce comprehensive property and ownership
mapping for the Provinces.
2.44
MAIN BUILDING means the building in which is carried on the principal purpose or
purposes for which the building lot is used.
2.45
MAIN WALL means the exterior front, side or rear wall of a building and all structural
members essential to the support of a full or partially enclosed space or roof.
2.46
MAXIMUM LOT COVERAGE means that percentage of the lot area covered by all
buildings above ground level, and shall not include that portion of such lot area which is
occupied by a building or portion thereof which is completely below ground level, and for
the purpose of this definition the maximum lot coverage in each zone shall be deemed to
apply only to that portion of such lot which is located within said zone.
2.47
MINIMUM WIDTH means the minimum width or length required by this By-law of any
main wall.
2.48
MUNICIPALITY means Halifax Regional Municipality.
2.49
OBNOXIOUS USE means a use which, from its nature or operation creates a nuisance or
is offensive by the creation of noise or vibration, or by reason of the emission of gas,
fumes, dust, oil or objectionable odour, or by reason of the unsightly storage of goods,
wares, merchandise, salvage, refuse matter, waste or other materials and shall include, in
unserviced areas, operations which produce wastes which cannot be treated by an on-site
sewage disposal system approved pursuant to the Regulations Respecting On-Site Sewage
Disposal Systems, or which involve, as the primary function, the processing, production,
or warehousing of dangerous goods or hazardous wastes.
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 9
2.50
OFFICE means a room or rooms where business may be transacted, a service performed
or consultation given but shall not include the manufacturing of any product or the retail
selling of goods.
2.50A Off-site Fill means fill imported from outside the floodplain or fill transported from
the Flood Fringe to the Floodway. (RC-Apr29/25;E-May26/25)
2.51
OPEN SPACE USE means the use of land for public and private parks and playgrounds,
athletic fields, tennis courts, lawn bowling greens, outdoor skating rinks, picnic areas,
cemeteries, day camps, historic sites or monuments, and similar uses to the foregoing,
together with the necessary accessory buildings and structures, but does not include
commercial camping grounds, golf courses nor a track for the racing of animals or
motorized vehicles.
2.52
OUTDOOR STORAGE means the storage of merchandise, goods, inventory, materials or
equipment or other items which are not intended for immediate sale, by locating them on
a lot exterior to a building.
2.53
PARKING LOT means a building or structure or part of a building or structure or an open
area containing parking spaces, other than a street, for two or more motor vehicles,
available for public use or as an accommodation for clients, customers or residents and
which has adjacent access to permit ingress or egress of motor vehicles to a street or
highway by means of driveways, aisles or manoeuvring areas where no parking or storage
of motor vehicles is permitted.
2.54
PARKING SPACE means an area of not less than one hundred sixty (160) square feet (15
m2), measuring eight (8) feet (2.4 m) by twenty (20) feet (6.1 m), for the temporary parking
or storage of motor vehicles, and which has adequate access to permit ingress and egress
of a motor vehicle to and from a street or highway by means of driveways, aisles or
manoeuvring areas.
2.55
PERSON includes an individual, association, firm, partnership, corporation, trust,
incorporated company, organization, trustee or agent, and the heirs, executors or other
legal representatives of a person to whom the context can apply according to law.
2.56
PERSONAL SERVICE SHOP means a building or part of a building in which persons
are employed in furnishing direct services and otherwise directly administering to the
individual and personal needs of persons, and without limiting the generality of the
foregoing, may include such establishments as barber shops, beauty parlours, automatic
laundry shops, hairdressing shops, shoe repair and shoe shining, and tailoring, laundry and
dry cleaning collection depots and shops, but excludes the manufacturing or fabrication of
goods for retail or wholesale distribution.
2.57
PRIVATE CLUB means a building used as a meeting place for members of an
organization and may include a lodge, fraternity or sorority house and a labour union hall.
2.58
PRIVATE ROAD means any street or road which is not public where:
(a)
the right-of-way, alignment, and gradient of the road are approved by the
Department of Transportation pursuant to the Municipal Government Act; and
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 10
(b)
the road extends to and has access to a public street or highway and where not totally
located within the area of land proposed to be subdivided it shall be an easement
for access which has been clearly granted to the subdivider by deed, registered in
the office of the Registrar of Deeds for the County of Halifax.
2.59
PUBLIC PARK 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.
2.60
RECREATION USE means the use of land, buildings or structures for active or
passive recreational purposes and may include indoor recreation facilities, sports
fields, sports courts, playgrounds, multi-use trails, picnic areas, scenic view points
and similar uses to the foregoing, together with the necessary accessory buildings
and structures, but does not include commercial recreation uses. (RC-Jun 25/14;E-
Oct 18/14)
2.61
RECYCLING DEPOT means a building which is used for the deposit, collection and
handling of waste paper, rags, tires, bottles or other materials (excluding
construction and demolition materials or hazardous materials) which are to be
delivered wholesale to other operations for reclamation, processing or salvage, but
shall not include any such salvage or processing on the same lot or within any
building used as a re-cycling depot. (RC-Sept 10/02; E-Nov 9/02)
2.62
RESIDENTIAL CARE FACILITY (Deleted: RC-Aug 9/22;E-Sep 15/22)
2.63
RESTAURANT - FULL SERVICE means 8 building or part of a building wherein food
is prepared and offered for sale to the public primarily for consumption within the building
and y include a take-out area which does not exceed 10% of the gross floor area of the full
service restaurant. A full service restaurant is characterized by the provision of table
service, including buffet service and may also be licensed to serve alcoholic beverages.
2.64
RESTAURANT - DRIVE-IN means a building or part of a building wherein food is
prepared and offered for sale to the public for consumption within or outside the building.
A drive-in restaurant is characterized by the provision of take-out services at a counter or
from a drive through car pick up window. It does not provide the service of delivering to
or waiting on tables nor is it licensed to sell alcoholic beverages.
2.65
RESTAURANT - TAKE-OUT means a building or part of a building wherein food is
prepared and offered for sale to the public primarily for off-premises consumption and
any include a seating area which does not exceed 25% of the gross floor area of the
take-out restaurant. A take-out restaurant does not provide the service of delivery to or
waiting on tables nor is it licensed to sell alcoholic beverages. Take-out restaurants,
however, may provide a home delivery service.
2.66
RETAIL STORE means a building or part of a building in which goods, wares,
merchandise, substances, articles or things are offered for sale directly to the public at
retail value.
2.67
ROAD ENTRANCE RESERVE means the frontage which provides access to a public
street or highway or private road from an area of land consisting of a minimum of five
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 11
acres, and which entrance has been approved by the Department of Transportation for the
purposes of a public or private road entrance reserve.
2.68
SALVAGE YARD means a lot or premises for the storage, handling or processing of
and sale of scrap material, and without limiting the generality of the foregoing, shall
include waste paper, rags, bones, used bicycles, vehicles, tires, metal or other scrap
material or salvage but excluding Construction and Demolition Materials and
hazardous waste material storage or disposal sites. (RC-Sep 10/02; E-Nov 9/02)
2.68A SCHOOL BUS YARD means a parking area that is used exclusively for the storage
of school busses intended to transport students. (NWCC-Jun 14/21; E-Jul 3/21)
2.69
SENIOR CITIZENS HOUSING (Deleted: RC-Aug 22/23;E-Sep 28/23)
2.70
SERVICE INDUSTRY means a building or part of a building in which the primary
function is to provide services such as maintenance or limited processing, and which may
include, as a minor or accessory function, the provision of supplies, merchandise or wares
directly related to the services provided, and without limiting the generality of the
foregoing, may include a public garage including an engine and body repair shop, a
printing establishment, a laundry or cleaning establishment, a wholesale bakery, a paint
shop, plumbing shop, sheet metal shop, a truck depot and similar uses.
2.71
SERVICE SHOP means a building or part of a building used for the sale and repair of
household articles and shall include radio, television and appliance repair shops but shall
not include industrial or manufacturing or motor vehicle repair shops.
2.72
SERVICE STATION means a building or part of a building or a clearly defined
space on a lot used for the retail sale of lubricating oils and gasolines; and (or) the
servicing and general repairing of motorized vehicles and may include the sale of
automobile accessories and washing establishments. Furthermore the general repair
of motorized vehicles shall not include an auto body shop. (NW/WR/MDVCCC-Oct
26/06;E-Nov 18/06)
2.72A SHARED HOUSING USE means a use that contains 4 or more bedrooms, that meets
one or more of the following:
(i)
that are rented for remuneration as separate rooms for residential
accommodation; or
(ii)
that are operated by a non-profit organization or a registered Canadian
charitable organization that provides support services to the occupants of the
shared housing use,
and includes Shared Housing with Special Care but does not include short-term
rental, hotel, motel, or tourist accommodation as defined in the Tourist
Accommodation Regulation Act.
(RC-Aug 9/22;E-Sep 15/22)
2.72B SHARED HOUSING WITH SPECIAL CARE means a type of Shared Housing Use
that is designed to provide a level of care to residents with cognitive, physical or
behavioural limitations, and for greater certainty, shared housing with special care
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 12
may include individual dwelling units for occupants, and must meet the definition of
Shared Housing Use. (RC- Aug 9/22;E-Sep 15/22)
2.72B(a) SHIPPING CONTAINER means a container originally designed for use as a
means of storing and transporting cargo via ship, rail, air or truck. (RC-Dec
11/25;E-Feb 2/26)
2.72C Short-term Bedroom Rental means a short-term rental where individual bedrooms
within a dwelling unit are rented to separate parties or groups with or without meals.
(RC-Feb 21/23;E-Sep 1/23)
2.72D Short-term Rental means a dwelling unit, or part thereof, that is used mainly for the
reception of the traveling or vacationing public and is provided as temporary
accommodation for compensation for a period of 28 days or less. (RC-Feb 21/23;E-
Sep 1/23)
2.73
SIGN means any structure, device, light, painting or other representation or natural
object which is 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 display or include any letter, work, model,
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, except any "sign" regulated under HRM By-law S-800 and signs which
are affixed to the inside of a window or glass door.
(a)
Ground Sign means a sign supported by one or more uprights, poles or braces,
placed in or upon the ground.
(b)
Projecting Sign means a sign which projects from and is supported by or which
extends beyond a wall or the roof of a building. (RC-Sep 26/06;E-Nov 18/06)
2.74
STREET OR ROAD means the whole and entire right-of-way of every highway, road, or
road allowance vested in the Province of Nova Scotia or Halifax Regional Municipality.
2.75
STREET LINE means the boundary line of a street or private road.
2.76
STRUCTURE means anything that is erected, built or constructed of parts joined together
or any such erection fixed to or supported by the soil or by any other structure, and includes
buildings, walls signs, and fences exceeding six (6) feet (1.8 m) in height.
2.76.5 SUITE
(a)
Backyard Suite means a self-contained subordinate dwelling unit that is located
within an accessory building or structure.
(b)
Secondary Suite means a self-contained subordinate dwelling unit that is
located within a residential main building.
(RC-Sep 1/20;E-Nov 7/20)
2.76.7 URBAN SERVICE AREA means the Urban Service Area under Schedule B of the
Regional Subdivision By-law. (RC-May 23/24;E-June 13/24)
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 13
2.76A USED BUILDING MATERIAL RETAIL OUTLET means land and/or buildings or
part of a building where C&D Materials are sorted and available for resale with
incidental and minimal alteration of the materials and where activity primarily
occurs inside a building. (RC-Sep 10/02; E-Nov 9/02)
2.76B WATER CONTROL STRUCTURE - means any device or infrastructure designed
by a qualified professional to control or manage the flow, volume, direction, or
quality of stormwater to mitigate downstream impacts. It may include, and is not
limited to, stormwater ponds, rain gardens, engineered wetlands, quality control
devices, flow splitters, dispersion beds, energy dissipation, baffles, pipes, inlet/outlet
structures, weirs and/or check dams. (RC-Jun 25/14;E-Oct 18/14)
2.77
WATERCOURSE means a lake, river, stream, ocean or other natural body of water.
(RC-Jun 25/14;E-Oct 18/14)
2.78
YARD means an open, uncovered space on a lot appurtenant to a building, except a court
bounded on two or more sides by buildings. In determining yard measurements, the
minimum horizontal distance from the respective lot lines shall be used.
(a)
Front Yard means a yard extending across the full width of a lot and between the
front lot line and the nearest wall of any main building or structure on the lot; and
"required front yard" or "minimum front yard" means the minimum depth required
by this By-law of a front yard on a lot between the front lot line and the nearest
main wall of any building or structure on the lot.
(b)
Rear Yard means a yard extending across the full width of a lot and between the
rear lot line and the nearest wall of any main building or structure on the lot; and
"required rear yard" or "minimum rear yard" means the minimum depth required
by this By-law of a rear yard on a lot between a rear lot line and the nearest main
wall of any building or structure on the lot.
(c)
Side Yard 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 building on the lot; and
"required sideyard" or "minimum side yard" means the minimum breadth required
by this By-law of a side yard on a lot between a side yard line and the nearest main
wall of any building or structure on the lot.
(d)
Flankage Yard means the side yard of a corner lot, which side yard abuts a street,
and "required flankage yard" or "minimum flankage yard" means the minimum side
yard required by this By-law where such yard abuts a street or private road.
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 14
PART 3:
ZONES AND ZONING MAPS
3.1
ZONES
For the purpose of this By-law, the Beaver Bank, Hammonds Plains and Upper Sackville
Plan Area is divided into the following zones by the zoning maps, the boundaries of which
are shown on the attached zoning schedules. Such zones may be referred to by the
appropriate symbols:
Symbol
Zone
Residential Zones
R-1
Single Unit Dwelling Zone
R-2
Two Unit Dwelling Zone
R-1A
Auxiliary Dwelling Unit Zone
R-3
Mobile Dwelling Zone
R-3A
Mobile Home Park Zone
CDD
Comprehensive Development
District Zone
Mixed Use Zones
R-6
Rural Residential Zone
R-8
Special Area Zone
MU-1
Mixed Use 1 Zone
MU-2
Mixed Use 2 Zone
GU-1
General Use Zone
Resource Zones
MR-1
Mixed Resource Zone
Commercial Zones
C-2
General Business Zone
C-4
Highway Commercial Zone
C-5
Hammonds Plains
Commercial Zone (RC-Feb
9/10;E-Apr 3/10)
C-6
Commercial Entertainment Zone
Industrial Zones
I-1
Mixed Industrial Zone
I-4
Former Sanitary Landfill Site
Zone
Construction & Demolition Zones
CD-1
(C&D Materials Transfer
Stations) Zone
(RC-Sep 10/02; E-Nov 9/02)
CD-2
(C&D Materials Processing
Facilities) Zone
CD-3
(C&D Materials Disposal
Sites) Zone
Infrastructure Charge Zone
ICH
Infrastructure Charge
Holding Zone (RC-Jul 2/02, E-
Aug 17/02)
Community Uses Zones
P-2
Community Facility Zone
RPK
Regional Park Zone (RC-Jun
25/14;E-Oct 18/14)
PWS
Protected Water Supply Zone
(RC-Jun 25/14;E-Oct 18/14)
1987 FP
Floodplain Zone
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 15
2024 FWO
Floodway Overlay
(RC-Apr29/25;E-May26/25)
2024 FFO
Flood Fridge Overlay
(RC-Apr29/25;E-May26/25)
US
Urban Settlement Zone (RC-
Jun 25/14;E-Oct 18/14)
TR
Transportation Reserve Zone
(RC-Jun 25/14;E-Oct 18/14)
3.2
ZONING MAPS
(a)
Maps 1A, 1B, 1C, 1D and 1E, attached hereto, may be cited as the Beaver Bank,
Hammonds Plains and Upper Sackville Zoning Maps and are hereby declared to
form part of this By-law.
(b)
The extent and boundaries of all zones are shown on Maps 1A, 1B, 1C, 1D and 1E,
and for all such zones the provisions of this By-law shall respectively apply.
(c)
The symbols used on Maps 1A, 1B, 1C, 1D and 1E, refer to the appropriate zones
established by Section 3.1 above.
3.3
INTERPRETATION OF ZONING BOUNDARIES
Boundaries between zones shall be determined as follows:
(a)
where a zone boundary is indicated as following a street or highway, the boundary
shall be the centre line of such street or highway;
(b)
where a zone boundary is indicated as approximately following lot lines, the
boundary shall follow such lot lines;
(c)
where a street, highway, railroad or railway right-of-way, electrical transmission
line right-of-way or watercourse is included on the zoning maps, it shall, unless
otherwise indicated, be included in the zone of the adjoining property on either side
thereof; and
(d)
where a railroad or railway right-of-way, electrical transmission line right-of-way
or watercourse is included on the zoning maps and serves as a boundary between
two or more different zones, a line midway on such right-of-way or watercourse
and extending in the general direction of the long division thereof shall be
considered the boundary between zones unless specifically indicated otherwise; or
(e)
where none of the above provisions apply, and where appropriate, the zone
boundary shall be scaled from the attached Schedules.
3.4
ZONES NOT ON MAPS
The zoning maps of this By-law may be amended to utilize any zone in this By-law,
regardless of whether or not such zone has previously appeared on any zoning map. Such
amendments must be carried out in accordance with the Municipal Government Act and
must be in conformity with the policies of the Municipal Planning Strategy for Beaver
Bank, Hammonds Plains and Upper Sackville.
3.5
USES PERMITTED
Uses permitted within any zone shall be determined as follows:
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 16
(a)
If a use is not listed as a use permitted within any zone, it shall be deemed to be
prohibited in that zone.
(b)
Notwithstanding 3.5 (a), above, unless a use is specifically prohibited within the
General Use Zone, it shall be deemed to be a permitted use 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 Section 2, the uses permitted
within that zone shall be deemed to include any similar use which satisfies such
definition except where any definition is specifically limited to exclude any use.
(e)
Except where limited by Section 4.1, or specifically prohibited elsewhere in this
By-law, any use permitted within any zone may be located in conjunction with,
whether contained within the same building or located on the same lot as, any other
use permitted within that zone.
3.6
OTHER USES CONSIDERED BY DEVELOPMENT AGREEMENT
(a)
Notwithstanding Section 3.5 above, certain uses which may not be uses permitted
in any zone may be considered in accordance with the Municipal Government Act.
As provided for by Policies P-18, P-19, P-22A (RC-Mar 5/13;E-Apr 20/13), P-
26A (RC-Sep 16/08;E-Oct 4/08), P-27, P-30, P-31, P-32b (RC-Jul 8/03;E-Aug
16/03), P-39A, P-39B (RC-Aug 9/22;E-Sep 15/22), P-41, P-44, P-50, P-56, P-77,
and P-131 of the Municipal Planning Strategy for Beaver Bank, Hammonds Plains
and Upper Sackville, such uses are as follows:
Shared Housing with Special Care Use with greater than ten (10) bedrooms in
the Residential and Upper Hammonds Plains Community Designation (RC-
Jan 10/23;E-Feb 3/23)
Model homes and associated office uses in the Residential Designation
Mobile home parks and expansion of existing mobile home parks in the Mixed Use
A, B and C Designations and the Upper Hammonds Plains Community Designation
Commercial recreation uses and expansion of existing commercial recreation uses
in the Mixed Use A, B and C Designations and the Rural Resource Designation
Salvage Yards in the Mixed Use C Designation
Extractive facilities in the Mixed Use A, B and C Designations and the Rural
Resource Designation
Buildings specified in the Floodplain Designation
Uses permitted by the zone on the abutting property within the abutting designation
Two Unit, Townhouse and Multiple Dwelling Uses within the Residential, Mixed
Use B and Residential Resource Designations on the lands known as Blocks A
through D of the Glen Arbour Integrated Golf Course and Residential
Community
Expansion of the mobile home park or permit innovative forms of housing or
design (for the former housing site or future expansion) which is not permitted
in accordance with the Mobile Home Park Bylaw for the former housing
site of the Beaver Bank Villa within the Mixed Use A Designation. (RC-
Jul 8/03;E-Aug 16/03)
Kennels and expansions to existing kennels. (RC-Sep 16/08;E-Oct 4/08)
(b)
Deleted (RC-Jun 27/06;E-Aug 26/06)
(c)
Deleted (RC-Mar 26/02;E-Apr 25/02)
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 17
(d)
A Fraternal Centre at 40 Sandy Lake Road, Beaver Bank (RC-Mar 5/13;E-
Apr 20/13)
(e)
Pursuant to Policy P-152, where there is enabling policy to consider the
development, by development agreement, of multiple unit dwellings or the
expansion of existing multiple unit dwellings, such policy may be used to
consider the development of shared housing uses at a larger scale than what is
permitted by the Land Use By-law. (RC- Aug 9/22;E-Sep 15/22)
(f)
industrial uses in excess of 5000 square feet (464.5 m2) in the Upper
Hammonds Plains Community Designation.
(g)
commercial uses in excess of 2000 square feet (185.8 m2) around the
intersection of Old Annapolis Road and Pockwock Road; Anderson Road and
Pockwock Road; and Kemptown Road junction in the Upper Hammonds
Plains Community Designation.
(h)
forestry uses in excess of 5000 square feet (464.5 m2) in the Upper Hammonds
Plains Community Designation.
(i)
multiple unit dwellings, including townhouses in the Upper Hammonds Plains
Community Designation. (RC-Jan 10/23;E-Feb 3/23)
(j)
In accordance with Policy P-36A, a Commercial Office Building shall be
permitted at 1274 Hammonds Plains Road (PID 00422279). (RC-Mar 25/25;E-
Apr 29/25)
(k)
Subject to Policy P-78I, a development agreement may be considered to permit
additional development within the Floodplain Designation. (RC-Apr29/25;E-
May26/25)
As provided for in the Regional Municipal Planning Strategy for Halifax Regional
Municipality, the following uses may be considered by development agreement on
lands designated Rural Commuter, except in the Beaver Bank/Hammonds Plains
Growth Control Areas: (RC-Jun 25/14;E-Oct 18/14)
(i)
Conservation Design Developments in accordance with policies S-14A, S-14B,
S-15A, S15B, S-16A, S-17A, S-17B, and S-17C (RC-Dec 11/25;E-Feb 2/26) of
the Regional Municipal Planning Strategy, as applicable. (RC-Jun 25/14;E-
Oct 18/14)
As provided for in the Regional Municipal Planning Strategy for Halifax Regional
Municipality, the area identified as the Indigo Shores Special Planning Area in
accordance with the Housing in the Halifax Regional Municipality Act and as shown
in Schedule I of the Land Use By-law shall be permitted to develop more than 25 lots
per year by development agreement. (Special Area Task Force-May 11/22;E-May
20/22)
3.7
LARGER
CANNABIS
PRODUCTION
FACILITY
BY
DEVELOPMENT
AGREEMENT (RC-Sep 18/18;E-Nov 3/18)
Cannabis production facilities that are permitted in a zone that exceed the maximum
gross floor area requirements of the zone may be permitted by development
agreement in accordance with Policy EC-22 of the Regional Municipal Planning
Strategy.
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 18
3.8
DEVELOPMENT
AGREEMENTS
FOR
REGISTERED
HERITAGE
PROPERTIES (RC-Oct 11/22;E-Nov 16/22)
Development that is not otherwise permitted in this By-law may be permitted by
development agreement on a registered heritage property, in accordance with Policy
CH-7A of the Halifax Regional Municipal Planning Strategy.
3.9
INTERPRETATION OF 1-in-100-YEAR FLOOD ELEVATION (RC-Apr29/25;E-
May26/25)
Reference point elevations for the 1-in-100-year flood elevation are outlined in
Schedule K of this By-law for the administration of requirements of PART 25A -
2024 FWO (Floodway Overlay Zone) and PART 25B - 2024 FFO (Flood Fringe
Overlay) Zone. Site-specific elevations may be determined by a qualified
professional engineer or Licensed Nova Scotia Land Surveyor and used for
administering these sections of the by-law when greater precision is required.
3.10
HYDROTECHNICAL STUDIES (RC-Apr29/25;E-May26/25)
Hydrotechnical studies submitted to fulfill the requirements for developments as
outlined in PART 25A - 2024 FWO (Floodway Overlay) Zone and PART 25B -
2024 FFO (Flood Fringe Overlay) Zone must be developed following the
methodology outlined in the Nova Scotia Municipal Flood Line Mapping Document.
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 19
PART 4:
GENERAL PROVISIONS FOR ALL ZONES
4.1
DEVELOPMENT PERMITS
(a)
No development shall be permitted unless a development permit has been issued
and no development permit shall be issued unless the provisions of this By-law are
satisfied.
(b)
Any development permit shall be in force for a period of one (1) year from the date
of issue and any permit may be re-issued upon request and subject to review by the
Development Officer.
(c)
Where any development permit is issued, such permit may include permission of
any single development, or of more than one development, or of any or all elements
related to any development, including signs permitted according to Section 5
provided that such are specified by the permit and provided also that no
development permit shall pertain to more than one (1) lot.
4.1A No more than one development permit may be issued per year for a residential use
on a lot not serviced by sanitary sewerage or water distribution systems for any area
of land subdivided pursuant to a completed tentative subdivision application, not
pursuant to a completed concept plan application received between January 22, 2004,
and the effective date of this section. (RC-Apr 13/04;E-Apr 22/04)
4.1B
Where a property is subject to a rezoning approved between December 1, 2005 and
April 29, 2006, the Development Officer may reduce the requirements adopted to
implement the Regional Municipal Planning Strategy, to the greatest extent possible
to allow the proposed development that was the subject of the rezoning.
(RC-Jun 25/14;E-Oct 18/14)
4.1C An accessory hen use is exempt from the requirement to obtain a development permit
(RC- Oct 05/21; E-Jan 08/22).
4.1D A short-term rental of an entire dwelling unit in an operator's primary residence is
exempt from the requirement to obtain a development permit. (RC-Feb 21/23;E-Sep
1/23)
4.1E
Provided the rental is not a short-term bedroom rental, a rental of 3 or fewer
bedrooms in a dwelling unit shall not require a development permit. (RC-Feb
21/23;E-Sep 1/23)
4.2
LICENCES, PERMITS AND COMPLIANCE WITH OTHER BY-LAWS
(a)
Nothing in this By-law shall exempt any person from complying with the
requirements of the Building By-law or any other by-law in force within the
Municipality, or to obtain any licence, permission, permit, authority or approval
required by any other by-law of the Municipality or statute and regulation of the
Province of Nova Scotia.
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 20
(b)
Where the provisions in this By-law conflict with those of any other municipal or
provincial regulations, by-laws or codes, the higher or more stringent requirements
shall prevail.
4.3
SEWAGE DISPOSAL AND WATER SYSTEMS
Where any lot is developed with a septic tank and disposal field, the minimum on-site
requirements of this By-law shall apply for the purpose of obtaining a development permit.
For the purpose of obtaining a permit for the installation of a septic tank, the regulations of
the Department of Environment shall prevail.
4.4
ONE DWELLING ON A LOT
No person shall erect more than one (1) dwelling on a lot except where backyard suites
are permitted (RC-Sep 1/20;E-Nov 7/20). Notwithstanding, in any C-5 (Hammonds
Plains Commercial) Zone, a lot may contain more than one (1) dwelling. (RC-Feb
9/10;E-Apr 3/10)
4.5
EXISTING UNDERSIZED LOTS
(a)
Notwithstanding anything else in this By-law, a vacant lot held in separate
ownership from adjoining parcels on the effective date of this By-law, having less
than the minimum frontage, depth or area required by this By-law, may be used for
any purpose permitted in the zone in which the lot is located and a building may be
erected on the lot, provided that all other applicable provisions in this By-law are
satisfied.
(b)
Further to Subsection 4.5(a) above, the Development Officer may issue a
development permit for a lot approved pursuant to PART 14 of the Subdivision
By-law where an undersized lot has had its boundaries altered.
4.6
REDUCED FRONTAGE OR AREA
(a)
Any lot created pursuant to the reduced frontage or area requirements of the
Subdivision By-law may be used for any purpose permitted in the zone in which
the lot is located and a development permit may be issued and a building may be
erected on the lot, provided that all other applicable provisions of this By-law are
satisfied.
(b)
With the exception of the R-1, P-2, and any commercial or industrial zones, or lots
serviced by central sewer and/or water services, the Development Officer may issue
a development permit for a lot approved pursuant to Part 14 of the Subdivision
By-law, provided that all other applicable provisions of this By-law are satisfied.
(c)
Notwithstanding the Lot Frontage and Lot Area requirements of any zone, a
lot containing a cemetery in existence on the effective date of this amendment
may be subdivided and a development permit issued provided that:
(i)
the cemetery lot does not contain a dwelling and/or buildings other than
accessory buildings or structures;
(ii)
where a cemetery lot does not abut a public street or highway or private
road, a right-of-way or easement of access of a minimum width of
twenty (20) feet, extending from the cemetery lot to its point of
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 21
intersection with the public street or highway or private road shall be
shown on the plan of subdivision;
(iii)
the easement or right of way appurtenant to the cemetery lot, shall be
provided by the subdivider concurrently with the conveyance of the
cemetery lot;
(iv)
notwithstanding the requirements of any zone, accessory buildings and
structures permitted in conjunction with cemetery lots shall be subject
to the provisions of Section 4.11 of the this By-law;
(v)
the remaining lands meet the requirements of the applicable zone.
(NWCC-Dec 18/03;E-Jan 11/04)
(d)
Notwithstanding the lot frontage requirements found elsewhere in this By-law,
residential uses that are located on lots that do not meet lot frontage
requirements and received development permits on or before April 1, 2016 are
permitted provided all other applicable provisions of this By-law are satisfied.
(RC-Jan 10/17;E-Feb 25/17)
4.7
ROAD ENTRANCE RESERVES
Notwithstanding the lot frontage provisions contained in this by-law, a portion of a lot
identified as a road entrance reserve shall meet the requirements of the provincial
Department of Transportation and Halifax Regional Municipality.
4.8
EXISTING BUILDINGS
Where a building has been erected on or before the effective date of this By-law, on a lot
having less than the minimum frontage, area, or depth, or having less than the minimum
setback or side yard or rear yard required by this By-law, the building may be enlarged,
reconstructed, repaired or renovated provided that:
(a)
the enlargement, reconstruction, repair or renovation does not further reduce the
front yard or side yard that does not conform to this By-law; and
(b)
all other applicable provisions of this By-law are satisfied.
4.9
EXISTING USES
Unless otherwise identified in Appendix "A" or "A-1" (RC-Sep 12/23;E-Oct 10/23),
where uses are permitted as existing uses within a zone, they shall be considered as fully
conforming uses and as such are permitted to expand, resume operation if discontinued, or
be replaced, or rebuilt if destroyed, on the lot which they occupied on the effective date of
this By-law.
4.9A
EXISTING NON-RESIDENTIAL USES (RC-Apr29/25;E-May26/25)
Notwithstanding Section 4.9, where uses are permitted as existing non-residential
uses within PART 25 - 1987 FP (Floodplain) Zone and PART 25A - 2024 FWO
(Floodway Overlay) Zone, they shall be considered as fully conforming uses and as
such are permitted to change in use to a use permitted in the zone, resume
operation if discontinued, or be replaced, or rebuilt if destroyed, on the lot which
they occupied on [coming in force date of this section] subject to the requirements
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 22
of the zone. An existing non-residential use includes a non-residential use that
existed on or before [coming in force date of this section].
4.10 NON-CONFORMING USES
Non-conforming uses shall be subject to the Municipal Government Act of Nova Scotia.
Additions or structural alterations to non-conforming uses shall be permitted if they do not
result in any increase in the volume of space devoted to the non-conforming use itself.
4.11 ACCESSORY USES AND BUILDINGS
Provisions made under this by-law to permit uses, buildings, and structures shall, unless
otherwise stated by this by-law, also be deemed to include any accessory uses buildings or
structures provided that:
(a)
the accessory use, building, or structure is located within the same zone as the
principal building or use it is intended to serve or is located within an abutting zone
in which the principal use or building is permitted;
(b)
the accessory use building or structure is located on a lot which directly abuts or is
directly across a public street or highway, private road or private right-of-way from
the lot containing the principal building or use it is intended to serve; and
(c)
all other applicable conditions and requirements of this by-law are satisfied.
4.11A
ACCESSORY HEN USE (RC- Oct 05/21; E-Jan 08/22)
An accessory hen use is permitted in conjunction with a residential use in all zones
subject to the following provisions:
(a)
The maximum number of hens permitted on a lot shall be:
i.
a maximum of 10 hens on lots less than 4,000 square metres in size;
ii.
a maximum of 15 hens on lots 4,000 square metres and over but less
than 6,000 square metres in size;
iii.
a maximum of 20 hens on lots 6,000 square metres and over but less
than 10,000 square metres in size;
iv.
a maximum of 25 hens on lots 10,000 square metres or greater in
size;
(b)
Hens shall be contained within an accessory building or a fenced area that:
i.
is located in a rear yard;
ii.
is setback the minimum distance that is required for a main building,
on the subject lot, from a wetland or watercourse;
iii.
subject to 4.11A(b)(iv), meets the requirements for accessory
buildings under this by-law; and
iv.
is setback a minimum of 1 metre from any side or rear lot line.
(c)
The following are not permitted:
i.
On-site slaughtering or euthanizing of hens; and
ii.
The sale of eggs, meat or hens
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 23
4.12 ACCESSORY BUILDINGS
(a)
Accessory uses, buildings and structures shall be permitted in any zone but shall
not:
(i)
be used for human habitation except where a dwelling is a permitted
accessory use;
(ii)
be used for the keeping of livestock except where agriculture is a permitted
use;
(iii)
be built closer to the front lot line than the minimum distance required for
the main building, or be built closer than eight (8) feet (2.4 m) to any other
lot line except that:
1.
common semi-detached garages may be centred on the mutual side
lot line; and
2.
boat houses and boat docks may be built to the lot line when the line
corresponds to the high water mark; and
3.
accessory uses or buildings in any C-5 (Hammonds Plains
Commercial) Zone shall not be located in the front yard or
flankage yard. (RC-Feb 9/10;E-Apr 3/10)
(iv)
exceed fifteen (15) feet (4.6 m) in height in any C-5 (Hammonds Plains
Commercial) Zone; (RC-May 23/24;E-June 13/24)
(v)
exceed a footprint of one thousand (1000) square feet (93 square metres)
or 25 feet (7.7 metres) in height in any R-l (Single Unit Dwelling) Zone or
R-2 (Two Unit Dwelling) Zone; (RC-Dec 11/25;E-Feb 2/26)
(vi)
be built within eight (8) feet (2.4 m) of a dwelling unit or twelve (12) feet
(3.7 m) of any other main building.
(b)
Notwithstanding anything else in this By-law, drop awnings, clothes poles, flag
poles, garden trellises, fences and retaining walls shall be exempted from the
requirements of Subsection (a).
(c)
Repealed (RC-May 23/24;E-June 13/24)
(d)
Notwithstanding anything else in this by-law, an enclosed or internal staircase or
elevator leading to a dwelling unit within an accessory structure is exempted from
the maximum gross floor area requirements for backyard suites. (RC-Dec
11/25;E-Feb 2/26) (RC-May 23/24;E-June 13/24)
4.12A SECONDARY SUITES AND BACKYARD SUITES (RC-Sep 1/20;E-Nov 7/20)
(a)
SECONDARY SUITES
Secondary suites shall be permitted accessory to a single unit dwelling, a mobile
dwelling, a two unit dwelling, or a townhouse dwelling subject to the following
provisions: (RC-Dec 11/25;E-Feb 2/26)
(i)
No more than one total auxiliary dwelling unit, or (RC-May 23/24;E-June
13/24) secondary suite shall be permitted on a lot;
(ii)
The floor area of a secondary suite shall not exceed 80.0 square metres;
(iii)
A two unit dwelling that contains a secondary suite shall not be considered
a multiple unit dwelling;
(iv)
Notwithstanding the parking requirements of Section 4.26, additional off-
street parking shall not be required; and
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 24
(v)
A secondary suite shall be permitted accessory to a non-conforming
structure for residential use, except where no residential uses are permitted
in the zone. (RC-May 23/24;E-June 13/24)
(b)
BACKYARD SUITES
Backyard suites shall be permitted accessory to a single unit dwelling, a mobile
dwelling, a two unit dwelling, or a multiple unit dwelling containing three (3) units
subject to the following provisions:
(i)
No more than one backyard suite shall be permitted on a lot; (RC-Dec
11/25;E-Feb 2/26)
(ii)
A backyard suite is not considered a separate main building or main
dwelling;
(iii)
The backyard suite shall meet the accessory buildings requirements as set
out in Sections 4.11 and 4.12;
(iv)
The gross floor area of a backyard suite shall not exceed 1000 square feet
(93 square metres); (RC-May 23/24;E-June 13/24)
(v)
Notwithstanding the parking requirements of Section 4.26, additional off-
street parking shall not be required;
(vi)
A backyard suite shall be permitted accessory to a non-conforming structure
for residential use, except where no residential uses are permitted in the
zone. (RC-May 23/24;E-June 13/24)
(vii)
A backyard suite must be located on the same lot as the main dwelling unit;
and
(viii) A backyard suite shall have unobstructed access that
(A) connects the backyard suite to a street or private road,
(B) is located on the same lot on which the backyard suite is located, and
(C) has a minimum width of 1.1 metres.
(RC-May 23/24;E-June 13/24)
(ix)
Notwithstanding Subsection (iii), a non-conforming accessory building
may be converted to a backyard suite if the gross floor area of the backyard
suite does not exceed 1000 square feet (93 square metres).
(RC-May 23/24;E-June 13/24)
4.12AA SHIPPING CONTAINERS (RC-Dec 11/25;E-Feb 2/26)
(a)
Shipping containers shall be prohibited.
(b)
Notwithstanding subsection (a), non-residential temporary
construction shipping containers are permitted subject to Section
4.13.
(c)
Notwithstanding subsection (a), temporary residential shipping
containers are permitted subject to Section 4.13.
(d)
Notwithstanding subsection (a), shipping containers are permitted as
a dwelling subject to the applicable zone standards for dwellings.
(e)
Notwithstanding subsection (a), shipping containers are permitted as
a backyard suite subject to the applicable requirements for backyard
suites.
4.13 TEMPORARY CONSTRUCTION USES PERMITTED (RC-Jan 20/09;E-Feb 7/09)
(a)
Nothing in this By-law shall prevent the use of land or the use or erection of a
temporary building or structure which is necessary and accessory to
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 25
construction in progress, such as a work camp or construction camp, mobile
home, sales or rental office, tool or maintenance shed or scaffold, including a
shipping container which serves as one of the foregoing, except as a mobile
home, sales or rental offices, provided that a development permit has been
issued.
(ab)
Temporary buildings or structures for a work camp or construction camp are
permitted on the worksite or on a lot which directly abuts or is directly across
a public street or highway, private road or private right-of-way from the
worksite. Any other temporary construction uses must be located on the
worksite. (RC-Dec 11/25;E-Feb 2/26)
(b)
A rock crusher may be used at the site of a demolition of a structure or
building, the site of construction of primary or secondary services pursuant to
the Regional Subdivision By-law, or at the site of development permitted
pursuant to this By-law, provided a development permit has been issued for
such use.
(c)
A development permit may only be issued for the temporary use of a rock
crusher.
(d)
A development permit issued for the use of a temporary rock crusher
accessory to demolition of a structure or building pursuant to this By-law or a
development pursuant to this By-law shall be valid for any period specified not
exceeding sixty (60) days. A development permit issued under this clause may
be renewed for a period not to exceed thirty (30) days at a time, if a
development officer determines that an extension of the period is necessary.
No rock crusher shall be located or used within three (3) metres of any
property boundary.
(e)
A development permit issued for the use of a temporary rock crusher
accessory to the construction of primary or secondary services pursuant to the
Regional Subdivision By-law shall be valid for any period which does not
exceed the construction time schedule specified in the subdivision agreement.
No rock crusher for which a permit has been issued under this clause shall be
located or used within sixty (60) metres of any building used for residential or
institutional purposes; with the exception of fire stations, police stations,
public works facilities, cemeteries, historic sites and monuments, and
recreational trails where no rock crusher shall be located or used within three
(3) metres of any property boundary.
(f)
Notwithstanding any other provision of this By-law, a temporary rock crusher
accessory to construction in progress shall not be used to process material for
export to another site nor to process material imported to the site.
(g)
A temporary rock crusher may be used as an accessory to demolition in
progress to process demolished material for export to another site subject to
disposal in accordance with the requirements of this By-law and the C&D
Materials Recycling and Disposal License By-law.
4.14 VEHICLE BODIES
No truck, bus, coach, motor home, camper trailer or streetcar body, nor a structure of
any kind, other than a dwelling unit erected and used in accordance with this and all other
By-laws of the Municipality, shall be used for human habitation, and no vehicle body shall
be used as a commercial building. For clarity, a shipping container is not considered a
vehicle body. (RC-Dec 11/25;E-Feb 2/26)
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 26
4.15 RESTORATION TO A SAFE CONDITION
Nothing in this By-law shall prevent the strengthening or restoring to a safe condition of
any building or structure, provided that in the case of a non-conforming use, the provisions
of the Municipal Government Act shall prevail.
4.16 BUILDING TO BE MOVED
No building, residential or otherwise, shall be moved within or into the area covered by
this By-law without obtaining a development permit from the Development Officer.
4.17 HEIGHT REGULATIONS
The height regulations of this By-law shall not apply to church spires, water tanks, elevator
enclosures, silos, flagpoles, television or radio antennae, ventilators, skylights, barns,
chimneys, clock towers, windmills (RC-Aug 16/11;E-Oct 29/11), solar collectors or
home satellite dishes.
4.18 WATERCOURSE SETBACKS AND BUFFERS (RC-Jun 25/14;E-Oct 18/14)
(1)
(a)
No development permit shall be issued for any development within 20m
of the ordinary highwater mark of any watercourse.
(b)
Where the average positive slopes within the 20m buffer are greater
than 20%, the buffer shall be increased by 1 metre for each additional
2% of slope, to a maximum of 60m.
(c)
Within the required buffer pursuant to clauses (a) and (b), no
excavation, infilling, tree, stump and other vegetation removal or any
alteration of any kind shall be permitted in relation to a development.
(d)
Within the required buffer pursuant to clauses (a) and (b), activity shall
be limited to the placement of one accessory structure or one attached
deck not exceeding a footprint of 20 m2 or a combination of an
accessory structure and attached deck not exceeding 20 m2 , fences,
boardwalks, walkways and trails not exceeding 3 metres in width,
wharfs, boat ramps, marine dependent uses, fisheries uses,
conservation uses, parks on public lands, historic sites and monuments,
and public road crossings, driveway crossings and wastewater, storm
and water infrastructure, and water control structures.
(e)
Notwithstanding clause (a), the required buffer for construction and
demolition operations shall be as specified under the applicable CD
Zone.
(f)
Within the buffer required pursuant to clause (f), no excavation,
infilling, tree, stump and other vegetation removal or any alteration of
any kind shall be permitted in relation to a development.
(2)
Notwithstanding subsection (1), where an existing residential main building is
located within the required buffer, accessory structures, subject to meeting
other requirements of this by-law, shall be permitted provided they are located
no closer to the watercourse than the existing main building.
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 27
(3)
Where the configuration of any existing lot, including lots approved as a result
of completed tentative and final subdivisions applications on file prior to
August 26, 2006, is such that no main building could be located on the lot, the
buffer distance shall be reduced in a manner which would provide the greatest
possible separation from a watercourse having regard to other yard
requirements.
(4)
Notwithstanding subsection (1), nothing in this by-law shall prohibit the
removal of windblown, diseased or dead trees, deemed to be hazardous or
unsafe.
(5)
Notwithstanding subsection (1), the selective removal of vegetation to maintain
the overall health of the buffer may be authorized by the Development Officer
where a management plan is submitted by a qualified arborist, landscape
architect, forester or forestry technician.
(6)
Every application for a development permit for a building or structure to be
erected pursuant to this section, shall be accompanied by plans drawn to an
appropriate scale showing the required buffers, existing vegetation limits and
contours and other information including professional opinions, as the
Development Officer may require, to determine that the proposed building or
structure will meet the requirements of this section.
4.19 REDUCED FRONTAGE ON A CURVE
Where the front lot line of any lot is a curved line, a minimum lot width which is equal to
the minimum lot frontage required by this By-law shall be required in lieu of such
minimum lot frontage. For the purpose of this Section, such minimum lot width shall be
measured along a horizontal line between the side lot lines, twenty (20) feet from the front
lot line.
4.20 DAYLIGHTING TRIANGLE
On a corner lot, a fence, sign, hedge, shrub, bush or tree or any other structure or vegetation
shall not be erected or permitted to grow to a height more than two (2) feet (.6 m) above
grade of the streets that abut the lot within the triangular area included within the street
lines for a distance of twenty (20) feet (6.1 m) from their point of intersection.
4.21 PERMITTED ENCROACHMENTS
Every part of any yard required by this By-law shall be open and unobstructed by any
structure except to permit uses or encroachments subject to the following provisions:
(a)
In-ground uncovered patios, walkways or steps may be located in any yard.
(b)
There may be erected or maintained in any yard, the usual projections of sill,
cornices, eaves, gutters, chimneys, pilasters, canopies or other architectural features,
provided that no such structure or feature shall project more than two (2) feet (.6 m)
into any required yard.
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 28
(c)
Window bays and solar collectors may be permitted to project not more than three
(3) feet (.9 m) from the main wall into a required front, rear or flankage yard.
(d)
Exterior staircases, balconies, porches, verandas and sundecks shall not be permitted
to project into any required yard.
(e)
Ornamental planting and landscaping may be located in any yard unless otherwise
indicated in this By-law.
(f)
Access ramps for the mobility disabled may be located in any yard.
4.22 YARD EXCEPTION
(a)
Where, in this By-law a front, side or rear yard is required, and part of the area of
the lot is usually covered by water or marsh or is beyond the rim of a river bank or
watercourse, 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 the said area covered by water
or marsh, if such area is closer than the lot lines.
(b)
In any zone where two unit dwellings are permitted, the minimum yard from the side
being common with another dwelling unit shall be 0.0 feet (0.0 m).
4.23 ILLUMINATION
No person shall erect any illuminated sign or illuminate an area outside any building unless
such illumination is directed away from adjoining properties and any adjacent streets.
4.24 SEPARATION BETWEEN MAIN BUILDINGS
The minimum separation distance between main buildings located on the same lot shall be
sixteen (16) feet (4.8 m).
4.25 USES PERMITTED ON PRIVATE ROADS AND SCHEDULE "A" ROADS
Notwithstanding anything else in this By-law, development on private roads and Schedule
"A" roads shall be restricted to residential, recreational and resource uses.
4.26 PARKING REQUIREMENTS
(a)
For every building or structure to be erected or enlarged, off-street parking located
within the same zone as the use and having unobstructed access to a public street
shall be provided and maintained in conformity with the following schedule, except
where any parking requirement is specifically included elsewhere in this By-law.
Where the total required spaces for any use is not a whole number, the total spaces
required by this Section or by other specific sections shall be the next largest whole
number.
USE
PARKING REQUIREMENT
Any dwelling except as specified below
0 spaces per dwelling unit
(RC-May 23/24;E-June 13/24)
Multiple unit dwellings
0.33 spaces per dwelling unit
(RC-May 23/24;E-June 13/24)
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 29
Shared Housing Use (RC-Aug 9/22;E-Sep 15/22)
0 spaces
Retail stores, service and personal
service shops:
(a)
exceeding 5,000 square feet
5.5 spaces per 1,000 square feet
(464.5 m2) of gross floor area
(92.9 m2) of gross floor area
(b)
not exceeding 5,000 square feet
3.3 spaces per 1,000 square feet
(464.5 m2) of gross floor area
(92.9 m2) of gross floor area
Banks, financial institutions and
3.3 spaces per 1,000 square feet
general offices
(92.9 m2) of gross floor area
Motels, hotels and short-term bedroom rentals
1 space per sleeping unit plus
(RC-Feb 21/23;E-Sep 1/23)
requirements for restaurants or
other facilities contained therein
Restaurants - Drive-In
27 spaces per 1000 square feet
(92.9 m2) of gross floor area
Restaurants - Full Service
20 spaces per 1000 square feet
(92.9 m2) of gross floor area
Restaurants - Take-Out:
(a)
exceeding 300 square
16 spaces per 1000 square feet
feet (28 m2) of gross
(92.9 m2) of gross floor area
floor area
(b)
not exceeding 300 square
5 spaces
feet (28 m2) of gross floor
area
Lounges, taverns and beverage
the greater of 1 space per 3 seats
or 1 space per100 square feet
(9.3 m2) of gross floor area
Theatres
1 space per 5 seats
Institutional uses except as
where there are fixed seats,
otherwise specified
the greater of 1 space per 4 seats
and 1 space per 100 square feet
(9.3 m2) of gross floor area
where there are no fixed seats,
the greater of 1 space per 100
square feet (9.3 m2) of gross
floor area or 1 space per 4
persons
which
can
be
accommodated at any one time
Government offices
4.5 spaces per 1,000 square feet
(92.9 m2) of gross floor area
Schools
3 spaces per classroom plus 1
space per 20 high school
students
Hospitals
2 spaces per bed
Day care facilities
1.5 spaces per 400 square feet
(37.2 m2) of gross floor area
Medical clinics and offices of any
2 spaces per consulting room
health practitioner
(RC-Aug 5/08;E-Aug 23/08)
Funeral homes
15 spaces
Warehouses, transport terminals and
the greater of 2 spaces per
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 30
general industrial uses
1,000 square feet (92.9 m2) of
gross floor area or 1 space per 4
employees
Any use not specified above
3.3 spaces per 1,000 square feet
(92.9 m2) of gross floor area
(b)
Reserved Spaces for the Mobility Disabled
Notwithstanding Section 4.26(a) above, reserved parking spaces for the mobility
disabled shall be provided as an addition to the required spaces in conformity with
the following schedule:
USE
PARKING REQUIREMENT
Medical Clinics and offices of any
1 reserved parking space for the
health practitioner
mobility disabled per 5-15 parking spaces
required;
1 additional space for each additional 15
required spaces or part thereof to a maximum
of 10
Multiple Dwellings
1 reserved parking space per 30 units to a
maximum of 10
Restaurants and Theatres
1 reserved parking space per 50 seats to a
maximum of 10
All other uses excluding fire
1 reserved parking space for the
stations and any industrial use
mobility disabled per 15-100 parking
which does not have a retail
spaces required;
function
1 additional space for each additional 100
required spaces or part thereof, to a maximum
of 10
(c) Notwithstanding subsections (a) and (b), there shall be no required parking
for residential uses within the Urban Service Area. (RC-Dec 11/25;E-Feb
2/26)
4.27 STANDARDS FOR PARKING LOTS
Where a parking lot for more than four (4) vehicles is required or permitted:
(a)
the lot shall be maintained with a stable surface that is treated to prevent the raising
of dust or loose particles;
(b)
the lights used for illumination of the lot shall be so arranged as to divert the light
away from streets, adjacent lots and buildings;
(c)
a structure, not more than fifteen (15) feet (4.6 m) in height and not more than fifty
(50) square feet (5 m2) in area may be erected in the lot for the use of attendants;
(d)
the lot shall be within three hundred (300) feet (91.4 m) of the location which it is
intended to serve and shall be situated in the same zone;
(e)
no gasoline pumps or other service station equipment shall be located or maintained
on the lot;
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 31
(f)
approaches or driveways to the lot shall be defined by a curb or concrete or rolled
asphalt and the limits of the lot shall be defined by a fence, curb or other suitable
obstruction designed to provide a neat appearance; in addition, the location of
approaches or driveways shall be not closer than fifty (50) feet (15.2 m) from the
limits of the right-of-way at a street intersection;
(g)
entrance and exit ramps to the lot shall not exceed two (2) in number and each such
ramp shall be a width of twenty-five (25) feet (7.6 m) at the street line and edge of
pavement; and
(h)
the width of a driveway leading to a parking lot or loading space, or of a driveway
or aisle in a parking lot, shall be a minimum width of ten (10) feet (3 m) if for
one-way traffic and a minimum width of twenty (20) feet (6.1 m) if for two-way
traffic, and the maximum width of a driveway shall be twenty-five (25) feet (7.6
m).
4.28 LOADING SPACE REQUIREMENTS
(a)
In any zone, no person shall erect or use any building or structure for
manufacturing, storage or warehousing, or as a retail or wholesale store, or as a
freight or passenger terminal, or for any other use involving the frequent shipping,
loading or unloading of persons, animals or goods, unless there is maintained on
the same premises with every such use, one off-street space for standing, loading
and unloading for every twenty thousand (20,000) square feet (1858 m2) or fraction
thereof of gross floor area used for such purposes to a maximum of six (6) loading
spaces.
(b)
The provisions of a loading space for any building with less than fifteen hundred
(1,500) square feet (140 m2) shall be optional.
(c)
Each loading space shall be at least twelve (12) feet (3.7 m) by twenty-five (25)
feet (7.6 m) with a minimum of fourteen (14) feet (4.3 m) height clearance.
(d)
Loading space areas, including driveways leading thereunto, shall be constructed
of and maintained with a stable surface which is treated so as to prevent the raising
of dust or loose particles.
4.29 COMPOSTING OPERATIONS
No development permit shall be issued for a composting operation except in compliance
with the following provisions:
(a)
the use shall not be obnoxious or create a nuisance;
(b)
a composting operation shall meet the following separation distances:
(i)
from any property line
328 feet (100 m)
(ii)
from the nearest:
1.
residential dwelling
1,640 feet (500 m)
2.
community facility use
1,640 feet (500 m)
3.
commercial or industrial building
984 feet (300 m)
(iii)
from a watercourse
328 feet (100 m)
(c)
notwithstanding any other provisions of this by-law, composting operations may
occur either inside or outside of a building; and
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 32
(d)
a composting operation shall not have direct access to either a local or subdivision
road, as determined by the Municipality's Engineering and Works Department and
any access road for such operations shall not occur through lands zoned for
residential use.
4.30 SCHEDULE F - AREAS OF ELEVATED ARCHAEOLOGICAL POTENTIAL (RC-
Jun 25/14;E-Oct 18/14)
Where excavation is required for a development on any area identified on Schedule
F attached to this by-law, a development permit may be issued and the application
may be referred to the Nova Scotia Department of Communities, Culture and
Housing, Heritage Division for any action it deems necessary with respect to the
preservation of archaeological resources in accordance with provincial requirements.
4.31 SCHEDULE G - WETLANDS (RC-Jun 25/14;E-Oct 18/14)
Every application for a development permit shall be accompanied by plans, drawn to
an appropriate scale, showing the location of all wetlands identified on Schedule G
attached to this by-law, within and adjacent to the lot. Notwithstanding any other
provision of this by-law, no development of any kind shall be permitted within any
such wetland.
4.32 WIND ENERGY FACILITIES (RC-Jun 25/14;E-Oct 18/14)
The use of windmills or wind turbines to produce electricity or for any other purpose
shall be regulated in accordance with the provisions of this Section.
I
DEFINITIONS
For the purposes of this Section, certain terms are defined as follows:
a)
"Habitable Building" means a dwelling unit, hospital, hotel, motel, shared
housing use (RC-Aug 9/22;E-Sep 15/22) or other building where a person lives
or which contains overnight accommodations.
b)
"Nacelle" means the frame and housing at the top of the tower that encloses
the gearbox and generator.
c)
"Nameplate Capacity" means the manufacturer's maximum rated output of
the electrical generator found in the nacelle of the wind turbine;
d)
"Total Rated Capacity" means the maximum rated output of all the electrical
generators found in the nacelles of the wind turbines used to form a wind
energy facility;
e)
"Tower Height" means the distance measured from grade at the established
grade of the tower to the highest point of the turbine rotor or tip of the turbine
blade when it reaches its highest elevation, or in the case of a roof mounted
wind turbine the distance measured from the lowest point of established grade
at the building's foundation to the highest point of the turbine rotor or tip of
the turbine blade when it reaches its highest elevation;
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 33
f)
"Turbine" means a wind energy conversion system, the purpose of which is to
produce electricity, consisting of rotor blades, associated control or conversion
electronics, and other accessory structures.
g)
"Wind Energy Facility" means a wind energy conversion system, the purpose
of which is to produce electricity, consisting of one or more roof mounted
turbines or turbine towers, with rotor blades, associated control or conversion
electronics,
and
other
accessory
structures
including
substations,
meteorological towers, electrical infrastructure and transmission lines;
i)
"Micro Facility" means a wind energy facility consisting of a single
turbine designed to supplement other electricity sources as an
accessory use to existing buildings or facilities and has a total rated
capacity of 10 kW or less, and is not more than 23 metres (75 feet) in
height.
ii)
"Small Facility" means a wind energy facility which has a total rated
capacity of more than 10 kW but not greater than 30 kW. A Small
Facility has a stand alone design, on its own foundation, or may be
supported by guy wires, is not roof mounted, and the tower of which is
not more than 35 metres (115 feet) in height.
iii)
"Medium Facility" means a wind energy facility which has a total rated
capacity of more than 30 kW but not greater than 300 kW. A Medium
Facility has a stand alone design, on its own foundation, or may be
supported by guy wires, is not roof mounted, and the towers of which
are not more than 60 metres (197 feet) in height.
iv)
"Large Facility" means a wind energy facility which has a total rated
capacity of more than 300 kW. A Large Facility has a stand alone
design, on its own foundation, or may be supported by guy wires, is not
roof mounted, and the towers of which are greater than 60 metres (197
feet) in height.
II
ZONES
For the purpose of this section the following zones apply as shown on the attached
Schedule H - Wind Energy Zoning. Such zones are:
(UW-1) Urban Wind Zone
(RW-2) Rural Wind Zone
(R) Restricted Zone
a)
URBAN WIND ZONE (UW-1)
i)
All Wind Energy Facilities, except Large Facilities, are permitted in the
Urban Wind Zone (UW-1).
ii)
All turbine towers in the UW-1 Zone shall have a minimum distance
between turbines equal to the height of the tallest tower.
iii)
All turbine towers in the UW-1 Zone shall be set back a minimum
distance of 1.0 times the tower height from any adjacent property
boundary,
iv)
Turbine towers of Micro Facilities in the UW-1 Zone shall be set back
a minimum distance of 3.0 times the tower height from any habitable
building on an adjacent property.
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 34
v)
Turbine towers of Small Facilities in the UW-1 Zone shall be set back
a minimum distance of 180 metres (590 feet) from any habitable
building on an adjacent property.
vi)
Turbine towers of Medium Facilities in the UW-1 Zone shall be set back
a minimum distance of 250 metres (820 feet) from any habitable
building on an adjacent property.
b)
RURAL WIND ZONE (RW-2)
i)
All Wind Energy Facilities are permitted in the Rural Wind Zone (RW-
2).
ii)
All turbine towers shall have a minimum distance between turbines
equal to the height of the tallest tower.
iii)
Turbines towers of Micro Facilities in the RW-2 Zone shall have the
following set back requirements:
1)
A minimum distance of 3.0 times the tower height from any habitable building
on an adjacent property;
2)
A minimum distance of 1.0 times the tower height from any adjacent property
boundary.
iv)
Turbines towers of Small Facilities in the RW-2 Zone shall have the
following set back requirements:
1)
A minimum distance of 180 metres (590 feet) from any habitable
building on an adjacent property;
2)
A minimum distance of 1.0 times the tower height from any
adjacent property boundary.
v)
Turbines towers of Medium Facilities in the RW-2 Zone shall have the
following set back requirements:
1)
A minimum distance of 250 metres (820 feet) from any habitable
building on an adjacent property;
2)
A minimum distance of 1.0 times the tower height from any
adjacent property boundary.
vi)
Turbines towers of Large Facilities in the RW-2 zone shall have the
following set back requirements:
1)
A minimum distance of the greater of the following from any
habitable building on an adjacent property;
(a)
4 times the wind turbine height; or
(b) the distance required to ensure that
(i) sound levels from the wind turbine do not exceed 40
dBA at the exterior of a residential dwelling; and
(ii) a residential dwelling receives less than 30 minutes
per day or 30 hours per year of shadow flicker.
(RC-Dec 11/25;E-Feb 2/26)
2)
A minimum distance of 1.0 times the tower height from any adjacent
property boundary.
c)
RESTRICTED ZONE (R)
i)
Wind Energy Facilities shall not be permitted in the Restricted Zone.
III
PERMIT APPLICATION REQUIREMENTS
All Wind Energy Facilities require a development permit. The permit application
shall contain the following:
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 35
a)
a description of the proposed Wind Energy Facility, including an overview of
the project, the proposed total rated capacity of the Wind Energy Facility;
b)
the proposed number, representative types, and height or range of heights of
wind turbines towers to be constructed, including their generating capacity,
dimensions, respective manufacturers, and a description of accessory
facilities;
c)
identification and location of the properties on which the proposed Wind
Energy Facility will be located;
d)
at the discretion of the Development Officer, a survey prepared by a Nova
Scotia Land Surveyor, a surveyor's certificate, or a site plan showing the
planned location of all wind turbines towers, property lines, setback lines,
access roads, turnout locations, substation(s), electrical cabling from the Wind
Energy Facility to the substation(s), ancillary equipment, building(s),
transmission and distribution lines. The site plan must also include the location
of all structures and land parcels, demonstrating compliance with the setbacks
and separation distance where applicable;
e)
at the discretion of the Development Officer, proof of notification to the
Department of National Defense, NAV Canada, Natural Resources Canada
and other applicable agencies regarding potential radio, telecommunications,
radar and seismoacoustic interference, if applicable, to Transport Canada and
the Aviation Act; and,
f)
any other relevant information as may be requested by the Halifax Regional
Municipality to ensure compliance with the requirements of this By-law.
IV
ADDITIONAL PERMIT REQUIREMENTS
a)
The Development Permit application shall be reviewed by a Municipal
Building Official to determine if design submissions are required from a
Professional Engineer to ensure that the wind turbine base, foundation, or guy
wired anchors required to maintain the structural stability of the wind turbine
tower(s) are sufficient where a wind turbine is:
i)
not attached to a building and is not connected to the power grid;
ii)
attached to an accessory building in excess of 215 square feet and is not
connected to the power grid.
b)
A minimum of 60 days before the date a development permit application is
submitted, an applicant shall send a notice to all assessed property owners of
property that is within the following distances from the boundary of the
property upon which any Micro, Small, Medium and Large wind energy
facility is proposed:
i)
Micro
140 metres (460 ft)
ii)
Small
360 metres (1180 ft)
iii)
Medium
500 metres (1640 ft)
iv)
Large
2000 metres (6560 ft)
c)
The notice pursuant to section b) shall include the following information:
i)
a site plan that includes property boundaries and the location of the
proposed wind energy facility;
ii)
a description of the type of wind energy facility; and
iii)
the applicant's contact information which shall include a mailing
address.
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 36
V
EXCEPTIONS
Notwithstanding Section II a) and II b) the setback requirements from any Wind
Energy Facility to a property boundary may be waived where the adjoining property
is part of and forms the same Wind Energy Facility. All other setback provisions shall
apply.
a)
Wind Energy Facilities shall not be permitted in the following zones of the
Beaver Bank, Hammond Plains and Upper Sackville Land Use By-law:
i)
RPK (Regional Park) Zone.
VII
INSTALLATION AND DESIGN
a)
The installation and design of a Wind Energy Facility shall conform to
applicable industry standards.
b)
All structural, electrical and mechanical components of the Wind Energy
Facility shall conform to relevant and applicable local, provincial and national
codes.
c)
All electrical wires shall, to the maximum extent possible, be placed
underground.
d)
The visual appearance of the Wind Energy Facility shall at a minimum:
i)
be a non-obtrusive colour such as white, off-white or gray;
ii)
not be artificially lit, except to the extent required by the Federal
Aviation Act or other applicable authority that regulates air safety;
and,
iii)
not display advertising (including flags, streamers or decorative items),
except for identification of the turbine manufacturer, facility owner
and operator.
VIII MISCELLANEOUS
a)
Micro Wind Facilities shall be permitted on buildings subject the
requirements in Section II a) Urban Wind Requirements and Section II b)
Rural Wind Requirements.
b)
The siting of Wind Energy Facilities is subject to the requirements for
Watercourse Setbacks and Buffers as set out in the Land Use By-law.
c)
The siting of all accessory buildings are subject to the general set back
provisions for buildings under this By-law
IX
SCHEDULES
a)
Schedule H - Wind Energy Zoning
4.33 PUBLIC TRANSIT FACILITIES (RC-Jun 25/14;E-Oct 18/14)
Public transit facilities shall be permitted in all zones and shall not be required to
conform to any zone requirements.
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 37
4.34 CANNABIS-RELATED USES (RC-Sep 18/18;E-Nov 3/18)
Notwithstanding any other provisions of this By-law, cannabis retail sales and
cannabis lounges are only permitted if such facilities are operated by the Nova Scotia
Liquor Corporation (NSLC).
4.35 SHORT-TERM RENTALS (RC-Feb 21/23;E-Sep 1/23)
a)
Short-term Rentals accessory to a residential use shall be permitted in all zones
provided that the dwelling unit is the primary residence of the short-term
rental operator.
b)
Short-term Bedroom Rentals accessory to a residential use shall be permitted
in all zones, subject to the following additional provisions:
i)
The short-term bedroom rental shall be wholly contained within the
dwelling unit which is the primary residence of the operator of the
rental;
ii)
Not more than three (3) bedrooms, or the maximum number of
bedrooms specified in the zone, may be rented as a short-term bedroom
rental at the same time;
iii)
The operator of the short-term bedroom rental resides on site while any
bedrooms are rented;
iv)
No window display and not more than one (1) business sign shall be
permitted and no such sign shall exceed four (4) square feet (0.4 m2) in
area; and
v)
One off-street parking space in addition to that required for the
dwelling unit shall be provided for each bedroom to be rented.
4.36 Modified Floodproofing Area Special Requirements (RC-Apr29/25;E-
May26/25)
No building, structure, or use shall be permitted within the area identified on the
Zoning Map as areas requiring modified floodproofing unless the following special
requirements are met:
a) All habitable floorspace shall be constructed above the nearest upstream 1-in-
100-year flood elevations outlined on Schedule K or the site-specific 1-in-100-
year flood elevation as determined by a professional engineer or licensed Nova
Scotia Land Surveyor;
b) All electrical and mechanical equipment within a building must be located
above the 1-in-100 flood elevation unless designed by a professional engineer
to withstand a flood; and
c) All structures that extend below the 1-in-100-year flood elevation must be
designed and certified by a professional engineer to withstand a flood.
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 38
4.37 DEVELOPMENT AGREEMENTS FOR ADAPTIVE REUSES IN RURAL HRM
(RC-Dec 11/25;E-Feb 2/26)
Pursuant to Policy G-15B of the Halifax Regional Municipal Planning Strategy,
internal conversions of residential buildings, institutional buildings, utility buildings,
or commercial buildings for the purpose of creating residential dwelling units that
are not otherwise permitted in the Land Use By-law, may be considered by
development agreement.
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 39
PART 5:
SIGNS
5.1
GENERAL
(a)
Where this part is inconsistent with the regulations respecting advertising signs on
or near public highways, made or administered by the Department of
Transportation, the more restrictive regulations shall apply.
(b)
No person shall erect a sign according to the provisions of Section 5.3 except where
a development permit has been issued, and no permit to erect a sign shall be issued
unless all the sign provisions of this By-law are satisfied.
5.1A TEMPORARY SIGNAGE
(a)
This By-law shall not apply to any sign regulated under HRM By-law S-800
(A By-law Respecting Requirements for the Licensing of Temporary Signs);
and
(b)
Any sign provision within this By-law referring to temporary signage, as
regulated under HRM By-law S-800, is superceded. (RC-Sep 26/06;E-Nov
18/06)
5.2
SAFETY
Every sign and all parts thereof, including framework, supports, background, anchors and
wiring systems shall be constructed in compliance with the Building By-law and any fire
prevention and electrical codes.
5.3
NUMBER OF SIGNS
(a)
For the purposes of this Section, where a multiple tenancy building is occupied by
more than one business, each business shall be considered to be a separate premises.
(b)
For the purposes of determining the number of signs permitted by this Section, a
sign shall be considered to be a single display surface or display device containing
elements organized, related and composed to form a unit. Double-faced and
three-faced signs shall be counted as single signs. Where matter is displayed in a
random manner, without organized relationships or elements, or where there is
reasonable doubt about the relationships of any elements, each element shall be
considered to be a single sign.
(c)
No more than three (3) signs shall be erected on any premises at any one time,
except on a corner lot where one (1) additional sign may be erected. For this
purposes of this Section, signs enumerated in Section 5.5 shall not be counted.
5.4
SIGN AREA
The total area permitted of any sign shall be considered to be the area of the smallest
rectangle, triangle or circle which can totally circumscribe the sign face or surface of any
single, double or three-faced sign in the plane of its largest dimension. Each visible face
of a multi-faced sign shall be calculated separately and then totalled in determining the sign
area permitted.
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 40
5.5
SIGNS PERMITTED IN ALL ZONES
The following signs shall be permitted in all zones and in addition to any signs permitted
according to Section 5.3:
(a)
Any sign which has an area of no more than two (2) square feet (.2 m2) and which
identifies the name and address of a resident.
(b)
Any sign which has an area of no more than two (2) square feet (.2 m2) and which
regulates the use of property, as do "no trespassing" signs.
(c)
Any real estate sign which has an area of no more than eight (8) square feet (.7 m2)
in any Residential (R-1) Zone or thirty-two (32) square feet (2.2 m2) in any other
zone.
(d)
Any sign which has an area of no more than five (5) square feet (.5 m2) and which
regulates or denotes the direction or function of various parts of a building or
premises, including parking and traffic areas.
(e)
Any sign which has an area of no more than fifty (50) square feet (4.6 m2) and
which is incidental to construction.
(f)
Any sign erected by, or under the direction of, a government body as are signs
identifying public buildings, giving public information or regulating traffic or
safety.
(g)
Any flag, insignia, notice or advertising of any charitable, religious or fraternal
organization.
(h)
Any memorial sign, plaque or tablet.
5.6
SIGNS PROHIBITED IN ALL ZONES
The following signs shall not be permitted in any zone:
(a)
Any sign or sign structure which constitutes a hazard to public safety.
(b)
Any sign which, for any reason, obstructs the vision of drivers leaving a roadway
or driveway, or detracts from the visibility or effectiveness of any traffic sign or
control device on public streets.
(c)
Any sign which obstructs free ingress to or egress from a fire escape door, window
or other required exit.
(d)
Any sign located at or near a sharp road curve or below the crest of a hill, except a
sign erected by a government body.
(e)
Any sign which is not erected by, or under the direction of, a government body and
which makes use of words such as "STOP", "LOOK", "DANGER", "ONE WAY"
or "YIELD" or any similar words, phrases, symbols, lights or characters used in a
manner which may mislead, confuse or otherwise interfere with traffic along a
public road.
(f)
Any sign which incorporates any flashing or moving illumination and any sign
which has any visible moving part or mechanical movement whether achieved by
natural or artificial means.
(g)
Any searchlight, stringlight, spinner or streamer except for occasions such as grand
openings, county fairs and public festivals, or used as temporary holiday
decorations.
(h)
Any sign painted on a tree, stone, cliff or other natural object.
(i)
Any sign which is not related to any business or use located on the lot or premises,
and any sign which no longer advertises a bona fide business conducted or a product
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 41
sold. Such signs are deemed to be obsolete signs and shall be removed by the owner
or occupant of the property upon which they are erected, within sixty (60) days of
the date of discontinuance of the business or product.
5.7
PROJECTING SIGNS
No projecting sign shall:
(a)
exceed twenty (20) square feet (2 m2) in area for that portion of the sign which
projects beyond any wall or roof;
(b)
project horizontally more than six (6) feet (1.8 m) from any wall to which it is
attached;
(c)
project over a public right-of-way or daylighting triangle;
(d)
be erected below a height of ten (10) feet (3 m) or exceed a height of thirty-five
(35) feet (10.7 m); or
(e)
be permitted to swing freely on its supports.
5.8
GROUND SIGNS
No ground sign shall:
(a)
exceed a height of twenty-five (25) feet (7.6 m) except in a C-4 (Highway
Commercial) Zone;
(b)
extend beyond a property line or project over a public right-of-way, daylighting
triangle, driveway or parking space;
(c)
be less than ten (10) feet (3 m) from any street or abutting lot in any C-2(General
Business), C-4(Highway Commercial), C-6(Commercial Entertainment) Zone.
5.9
ADDITIONAL SIGN CONTROL - BEAVER BANK
In the area defined in Appendix "C" of the Land Use By-Law, no commercial or industrial
sign shall:
(a)
exceed thirty-two (32) square feet of sign area on a single face or sixty-four (64)
square feet of sign area for both faces combined;
(b)
be lighted unless it is attached to the building or permanent foundation.
5.10
ADDITIONAL SIGN CONTROL - C-5 (Hammonds Plains Commercial) Zone: (RC-
Feb 9/10;E-Apr 3/10)
In any C-5 (Hammonds Plains Commercial) Zone, the following sign requirements
shall apply. Where the following requirements conflict with Part 5, the more
stringent shall apply:
Ground Signs
(a)
no more than one ground sign shall be permitted on a lot;
(b)
ground signs shall not exceed 4.6 m (15 ft) above established grade in vertical
height and 4.6 m (15 ft) in width;
(c)
ground signs shall be permitted within the required landscape strip, provided
other land use by-law requirements are satisfied;
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 42
(d)
ground signs located outside the required landscape strip shall be sited in a
landscaped area a minimum of 27.9 m2 (300 ft2) in size;
(e)
ground signs shall have a maximum of two (2) faces, which shall be affixed
back to back, not exceeding 20.9 m2 (225 ft2) per sign face;
Wall Mounted Signs
(f)
wall mounted (fascia) signs shall not exceed one (1) ft2 of surface area for each
lineal foot of building facade facing a public street, however, no fascia sign
shall exceed 9.3 m2 (100 ft2) in area;
Wall Mounted Signs - Multiple Commercial Occupancy Building
(g)
businesses located in multiple commercial occupancy building may be
permitted a maximum of two (2) wall mounted (fascia) signs, the total of which
shall not exceed an area equal to ten (10) percent of the business facade upon
which it is located, however, no business fascia sign shall exceed 5.6 m2 (60 ft2)
in area; and
All Signs
(h)
No signs shall be located on the roof of any building.
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 43
PART 6:
R-1 (SINGLE UNIT DWELLING) ZONE
6.1
R-1 USES PERMITTED
No development permit shall be issued in any R-1 (Single Unit Dwelling) Zone except for
the following:
Single unit dwellings
Existing two unit dwellings
New two unit dwellings within the Urban Service Area
Multiple unit dwellings containing 3 or 4 dwelling units within the Urban Service
Area (RC-May 23/24;E-June 13/24)
Shared housing use with 10 or fewer bedrooms in conjunction with a permitted
dwelling unit (RC-Aug 9/22;E-Sep 15/22)
Day care facilities for not more than seven (7) children and in conjunction with
permitted dwellings
Offices in conjunction with permitted dwellings
Open space uses
6.2
R-1 ZONE REQUIREMENTS
In any R-1 Zone, no development permit shall be issued except in conformity with the
following:
Minimum Lot Area:
on-site services
29, 064 square feet (2700 m2)
central water
12,000 square feet (1118 m2)
central sewer
10,000 square feet (929 m2)
Sewer and water
6,000 square feet
services
Minimum Frontage:
on-site services
100 feet (30.5 m)
central sewer
75 feet (23 m)
Sewer and water
60 feet
services
Minimum Front or Flankage Yard
20 feet (6.1 m)
Minimum Side or Rear Yard
8 feet (2.4 m)
Maximum Lot Coverage
35 per cent
Maximum Height of Main Building
35 feet (10.7 m)
6.3
R-1 ZONE REQUIREMENTS: OPEN SPACE USES
In any R-1 Zone, where open space uses are permitted, no development permit shall be
issued except in conformity with the provisions of Part 22.
6.4
OTHER REQUIREMENTS: OFFICE USES
Where offices are permitted in any R-1 Zone, the following shall apply:
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 44
(a)
Any office shall be wholly contained within the dwelling which is the principle
residence of the operator of the office.
(b)
No individuals who are not residents in the dwelling shall be employed in the office.
(c)
No more than twenty-five (25) per cent of the gross floor area shall be devoted to
any office, and in no case shall any office occupy more than three hundred (300)
square feet (28 m).
(d)
No open storage or outdoor display shall be permitted.
(e)
Not more than one (1) business sign shall be permitted and no such sign shall
exceed two (2) square feet (0.2 m2) in area. The height of the sign shall be
restricted to eight (8) feet or less and not be attached to a dwelling. (RC-Jun
30/09;E-Sep 5/09)
(f)
One off-street parking space, other than that required for the dwelling, shall be
provided for every one hundred and fifty (150) square feet (14 m2) of floor area
devoted to any office.
6.5
OTHER REQUIREMENTS: DAY CARE FACILITIES
Where day care facilities are permitted in any R-1 Zone, the following shall apply:
(a)
With the exception of outdoor play space, any day care facility shall be wholly
contained within the dwelling, which is the principle residence of the operator of
the facility.
(b)
No open storage or outdoor display shall be permitted.
(c)
Not more than one (1) business sign shall be permitted and no such sign shall
exceed two (2) square feet (0.2 m2) in area. The height of the sign shall be
restricted to eight (8) feet or less and not be attached to a dwelling. (RC-Jun
30/09;E-Sep 5/09)
(d)
One off-street parking space, other than that required for the dwelling, shall be
provided.
6.6
OTHER REQUIREMENTS: BED AND BREAKFASTS (Deleted: RC-Feb 21/23;E-
Sep 1/23)
6.7
OTHER REQUIREMENTS: COMMERCIAL MOTOR VEHICLES
In any R-1 Zone, not more than one commercial vehicle shall be kept on any lot and no
such commercial motor vehicle shall exceed a registered vehicle weight of five (5) tons nor
be kept less than ten (10) feet from any front lot line.
6.8
EXISTING HOME BUSINESS USES
Notwithstanding Section 4.9 and 6.1, the existing home businesses identified in Appendix
B shall be permitted to the extent they are in existence at the time the land use by-law is
adopted.
6.9
EXISTING TWO UNIT DWELLINGS
Notwithstanding Section 4.9, any existing two unit dwellings shall not be permitted to
convert into a multi-unit dwelling.
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 45
6.10
SHARED HOUSING ON PID 00420927 (RC-Aug 9/22;E-Sep 15/22)
Notwithstanding Section 6.1, a shared housing with special care with greater than 10
bedrooms (RC-Aug 9/22;E-Sep 15/22) shall be permitted within the R-1 zone on the
property in Uplands Park identified as PID 00420927 (RC-Aug 9/22;E-Sep 15/22).
6.11
FRONTAGE ON A STREET
No development permit shall be issued in an R-1 Zone unless the lot or parcel intended to
be used or upon which the building or structure is to be erected abuts and fronts upon a
public street or highway.
6.12
SUBDIVISION OF EXISTING TWO UNIT DWELLINGS - UPLANDS PARK
Notwithstanding Section 6.2, the minimum lot area per dwelling unit for existing two unit
dwellings on the following properties shall be 3,000 square feet and the minimum lot
frontage shall be 30 feet: Patricia Foran, LIC Number 420265; Lawrence Leslie, LIC
Number 420224; Sarah Martin, LIC Number 420398.
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 46
PART 7:
R-1A (AUXILIARY DWELLING UNIT) ZONE
7.1
R-1A USES PERMITTED
No development permit shall be issued in any R-1A (Auxiliary Dwelling Unit) Zone except
for the following:
Residential Uses
Single unit dwellings;
Two unit dwellings within the Urban Service Area
Multiple unit dwellings containing 3 or 4 dwelling units within the Urban Service
Area (RC-May 23/24;E-June 13/24)
Auxiliary dwelling units;
Shared housing use with 10 or fewer bedrooms in conjunction with a permitted
dwelling unit (RC-Aug 9/22;E-Sep 15/22)
Day care facilities for not more than seven (7) children in conjunction with permitted
dwellings;
Offices in conjunction with permitted dwellings;
Open space uses
7.2
R-1A ZONE REQUIREMENTS: RESIDENTIAL USES
In any R-1A Zone where uses are permitted as Residential Uses, no development permit
shall be issued except in conformity with the following:
Minimum Lot Area:
on-site services
29,064 square feet (2700 m2)
central water
12,000 square feet (1118 m2)
central sewer
10,000 square feet (929 m2)
Minimum Frontage:
on-site services
100 feet (30.5 m)
central sewer
75 feet (23 m)
Minimum Front or Flankage Yard
20 feet (6.1 m)
Minimum Rear or Side Yard
8 feet (2.4 m)
Maximum Lot Coverage
35 per cent
Maximum Height of Main Building
35 feet (10.7 m)
7.3
OTHER REQUIREMENTS: AUXILIARY DWELLING UNITS
Where auxiliary dwelling units are permitted in any R-1A Zone, the following shall apply:
(a)
the maximum gross floor area of any auxiliary dwelling unit shall not exceed (40)
per cent of the gross floor area of the dwelling.
(b)
there shall be no more than one (1) entrance along the front wall of the dwelling;
(c)
the power meter for the auxiliary dwelling unit shall not be located on the front
facade of the dwelling; and
(d)
one (1) off-street parking space shall be provided for any auxiliary dwelling unit.
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 47
7.4
OTHER REQUIREMENTS: BED AND BREAKFASTS (Deleted: RC-Feb 21/23;E-
Sep 1/23)
7.5
OTHER REQUIREMENTS: OPEN SPACE USES
In any R-1A Zone, where open space uses are permitted, no development permit shall be
issued except in conformity with the provisions of Part 22.
7.6
OTHER REQUIREMENTS: OFFICE USES
Where offices are permitted in any R-1A Zone, the following shall apply:
(a)
Any office shall be wholly contained within the dwelling which is the principle
residence of the operator of the office.
(b)
No individuals who are not residents in the dwelling shall be employed in the office.
(c)
No more than twenty-five (25) per cent of the gross floor area shall be devoted to
any office, and in no case shall any office occupy more than three hundred (300)
square feet (28 m2).
(d)
No open storage or outdoor display shall be permitted.
(e)
Not more than one (1) business sign shall be permitted and no such sign shall
exceed two (2) square feet (0.2 m2) in area. The height of the sign shall be
restricted to eight (8) feet or less and not be attached to a dwelling. (RC-Jun
30/09;E-Sep 5/09)
(f)
One off-street parking space, other than that required for the dwelling, shall be
provided for every one hundred and fifty (150) square feet (14 m2) of floor area
devoted to any office.
7.7
OTHER REQUIREMENTS: DAY CARE FACILITIES
Where day care facilities are permitted in any R-1A Zone, the following shall apply:
(a)
With the exception of outdoor play space, any day care facility shall be wholly
contained within the dwelling, which is the principle residence of the operator of
the facility.
(b)
No open storage or outdoor display shall be permitted.
(c)
Not more than one (1) business sign shall be permitted and no such sign shall
exceed two (2) square feet (0.2 m2) in area. The height of the sign shall be
restricted to eight (8) feet or less and not be attached to a dwelling. (RC-Jun
30/09;E-Sep 5/09)
(d)
One off-street parking space, other than that required for the dwelling, shall be
provided.
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 48
PART 7A: R-1B (AUXILIARY DWELLING WITH HOME BUSINESS) ZONE
(RC-Sep 13/11;E-Oct 29/11)
7A.1 R-1B USES PERMITTED
No development permit shall be issued in any R-1B (Auxiliary Dwelling With Home
Business) Zone except for the following:
Single unit dwellings
Two unit dwellings within the Urban Service Area
Multiple unit dwellings containing 3 or 4 dwelling units within the Urban Service
Area (RC-May 23/24;E-June 13/24)
Auxiliary dwellings
Shared housing use with 10 or fewer bedrooms in conjunction with a permitted
dwelling unit (RC-Aug 9/22;E-Sep 15/22)
Day care facilities for not more than fourteen (14) children and in conjunction with
permitted dwellings
Business uses in conjunction with permitted dwellings
Open space uses
7A.2 R-1B ZONE REQUIREMENTS
In any R-1B Zone, no development permit shall be issued except in conformity with
the following:
Minimum Lot Area
29,064 square feet (2700 m2)
Minimum Frontage
100 feet (30.5 m)
Minimum Front or Flankage Yard
20 feet (6.1 m)
Minimum Rear or Side Yard
8 feet (2.4 m)
Maximum Lot Coverage
35 percent
Maximum Height of Main Building
35 feet (10.7 m)
7A.3 EXEMPTION: EXISTING LOTS WITH REDUCED FRONTAGE
Notwithstanding the lot frontage requirements of Section 7A.2, existing lots with
reduced frontage as of September 13, 2011 will be permitted with a lot frontage of 20
feet (6.1 m).
7A.4 R-1B ZONE REQUIREMENTS: OPEN SPACE USES
In any R-1B Zone, where open space uses are permitted, no development permit shall
be issued except in conformity with the provisions of Part 22.
7A.4 OTHER REQUIREMENTS: AUXILIARY DWELLING UNITS
Where auxiliary dwelling units are permitted in any R-1A Zone, the following shall
apply:
(a)
the maximum gross floor area of any auxiliary dwelling unit shall not exceed
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 49
(40) per cent of the gross floor area of the dwelling.
(b)
there shall be no more than one (1) entrance along the front wall of the
dwelling;
(c)
the power meter for the auxiliary dwelling unit shall not be located on the front
facade of the dwelling; and
(d)
one (1) off-street parking space shall be provided for any auxiliary dwelling
unit.
7A.5 OTHER REQUIREMENTS: BUSINESS USES
Where any business is permitted in any R-1B Zone, the following shall apply:
(a)
No individuals who are not residents in the dwelling shall be employed in the
business.
(b)
No more than fifty (50) percent of the gross floor area shall be devoted to any
business, and in no case shall any business occupy more than one thousand
(1000) square feet (92.9 m2).
(c)
No outdoor storage or outdoor display shall be permitted.
(d)
Not more than one (1) business sign shall be permitted and no such sign shall
exceed two (2) square feet (0.2 m2) in area. The height of the sign shall be
restricted to eight (8) feet or less and not be attached to a dwelling.
(e)
One off-street parking space, other than that required for the dwelling, shall
be provided for every one hundred and fifty (150) square feet (14 m2) of floor
area devoted to any business.
7A.6 OTHER REQUIREMENTS: DAY CARE FACILITIES
Where day care facilities are permitted in any R-1B Zone, the following shall apply:
(a)
With the exception of outdoor play space, any day care facility shall be wholly
contained within the dwelling which is the principle residence of the operator
of the facility.
(b)
No outdoor storage or outdoor display shall be permitted.
(c)
Not more than one (1) business sign shall be permitted and no such sign shall
exceed two (2) square feet (0.2 m2) in area. The height of the sign shall be
restricted to eight (8) feet or less and not be attached to a dwelling.
(d)
One off-street parking space, other than that required for the dwelling shall
be provided.
7A.7 OTHER REQUIREMENTS: BED AND BREAKFASTS (Deleted: RC-Feb 21/23;E-
Sep 1/23)
7A.8 OTHER REQUIREMENTS: COMMERCIAL MOTOR VEHICLES
In any R-1B Zone, not more than one commercial vehicle shall be kept on any lot and
no such commercial motor vehicle shall exceed a registered vehicle weight of five (5)
tons nor be kept less than ten (10) feet from any front lot line.
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 50
PART 7B: R-1C (SMALL LOT SINGLE UNIT DWELLING) ZONE
(RC-Jan 24/23;E-Feb 22/23)
7B.1
R-1C USES PERMITTED
No development permit shall be issued in any R-1C (Small Lot Single Unit Dwelling)
Zone except for the following:
Single unit dwellings
Shared housing use with 10 or fewer bedrooms in conjunction with a permitted
dwelling unit (RC-Aug 22/23;E-Sep 28/23)
Day care facilities for not more than seven (7) children and in conjunction with
permitted dwellings
Offices in conjunction with permitted dwellings
Bed & Breakfasts
Short-term Rentals
Open space uses
7B.2
R-1C ZONE REQUIREMENTS
In any R-1C Zone, no development permit shall be issued except in conformity
with the following:
Minimum Lot Area:
4,000 square feet (371.6 square metres)
Minimum Frontage:
40 feet (12.2 meters)
Minimum Front or Flankage Yard:
20 feet (6.1 metres)
Minimum Side or Rear Yard:
8 feet (2.4 metres)
Minimum Lot Coverage:
35 percent
Maximum Height of Main Building:
35 feet (10.7 metres)
7B.3
MAXIMUM NUMBER OF SINGLE UNIT DWELLINGS ON THE AREA
IDENTIFIED ON SCHEDULE L
A maximum of 228 single unit dwellings shall be permitted on the area identified on
Schedule L. (RC-Dec 11/25;E-Feb 2/26)
7B.3
R-1C ZONE REQUIREMENTS: OPEN SPACE USES
In any R-1C Zone, where open space uses are permitted, no development permit shall
be issued except in conformity with the provisions of Part 22.
7B.4
OTHER REQUIREMENTS: OFFICE USES
Where offices are permitted in any R-1C Zone, the following shall apply:
(a)
Any office shall be wholly contained within the dwelling which is the principal
residence of the operator of the office.
(b) No individuals who are not residents in the dwelling shall be employed in the
office.
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 51
(c)
No more than twenty-five (25) per cent of the gross floor area shall be devoted
to any office, and in no case shall any office occupy more than three hundred
(300) square feet (28 m).
(d) No open storage or outdoor display shall be permitted.
(e)
Not more than one (1) business sign shall be permitted, and no such sign shall
exceed two (2) square feet (0.2 m2) in area. The height of the sign shall be
restricted to eight (8) feet or less and not be attached to a dwelling.
(f)
One off-street parking space, other than that required for the dwelling, shall be
provided for every one hundred and fifty (150) square feet (14 m2) of floor area
devoted to any office.
7B.5
OTHER REQUIREMENTS: DAY CARE FACILITIES
Where day care facilities are permitted in any R-1C Zone, the following shall apply:
(a)
With the exception of outdoor play space, any day care facility shall be wholly
contained within the dwelling, which is the principal residence of the operator
of the facility.
(b) No open storage or outdoor display shall be permitted.
(c)
Not more than one (1) business sign shall be permitted, and no such sign shall
exceed two (2) square feet (0.2 m2) in area. The height of the sign shall be
restricted to eight (8) feet or less and not be attached to a dwelling.
(d) One off-street parking space, other than that required for the dwelling, shall be
provided.
7B.6
OTHER REQUIREMENTS: BED AND BREAKFASTS
Where a bed & breakfast is permitted in any R-1C Zone, the following shall apply:
(a)
The bed & breakfast shall be wholly contained within the dwelling which is the
principal residence of the operator of the establishment;
(b) Not more than three (3) rooms may be let;
(c)
No window display and not more than one (1) business sign shall be permitted,
and no such sign shall exceed two (2) square feet (0.2 m2) in area; and
(d) One off-street parking space in addition to that required for the dwelling shall
be provided for each room to be let.
7B.7
OTHER REQUIREMENTS: COMMERCIAL MOTOR VEHICLES
In any R-1C Zone, not more than one commercial vehicle shall be kept on any lot and
no such commercial motor vehicle shall exceed a registered vehicle weight of five (5)
tons nor be kept less than ten (10) feet from any front lot line.
7B.8
FRONTAGE ON A STREET
No development permit shall be issued in an R-1C Zone unless the lot or parcel
intended to be used or upon which the building or structure is to be erected abuts and
fronts upon a public street or highway.
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 52
PART 8:
R-2 (TWO UNIT DWELLING) ZONE
8.1
R-2 USES PERMITTED
No development permit shall be issued in any R-2 (Two Unit Dwelling) Zone except for
the following:
Single unit dwellings
Two unit dwellings
Multiple unit dwellings containing 3 or 4 dwelling units within the Urban Service
Area (RC-May 23/24;E-June 13/24)
Shared housing use with 10 or fewer bedrooms in conjunction with a permitted
dwelling unit (RC-Aug 9/22;E-Sep 15/22)
Day care facilities for not more than seven (7) children and in conjunction with
permitted dwellings
Offices in conjunction with permitted dwellings
Open space uses
Existing Home Businesses
8.2
R-2 ZONE REQUIREMENTS
In any R-2 Zone, no development permit shall be issued except in conformity with the
following:
Minimum Lot Area: on-site services
29,064 square feet (2700m2)
Minimum Frontage
100 feet (30.5 m)
Minimum Front or Flankage Yard
20 feet (6.1 m)
Minimum Side or Rear Yard
8 feet (2.4 m)
Maximum Lot Coverage
35 per cent
Maximum Height of Main Building
35 feet (10.7 m)
8.3
R-2 ZONE REQUIREMENTS: OPEN SPACE USES
In any R-2 Zone, where open space uses are permitted, no development permit shall be
issued except in conformity with the provisions of Part 22.
8.4
OTHER REQUIREMENTS: OFFICE USES AND DAY CARE FACILITIES
Where offices are permitted in any R-2 Zone, the following shall apply:
(a)
Any office shall be wholly contained within the dwelling which is the principle
residence of the operator of the office.
(b)
No individuals who are not residents in the dwelling shall be employed in the office.
(c)
No more than twenty-five (25) per cent of the gross floor area shall be devoted to
any office, and in no case shall any office occupy more than three hundred (300)
square feet (28 m2).
(d)
No open storage or outdoor display shall be permitted.
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 53
(e)
Not more than one (1) business sign shall be permitted and no such sign shall
exceed two (2) square feet (0.2 m2) in area. The height of the sign shall be
restricted to eight (8) feet or less and not be attached to a dwelling. (RC-Jun
30/09;E-Sep 5/09)
(f)
One off-street parking space, other than that required for the dwelling, shall be
provided for every one hundred and fifty (150) square feet (14 m2) of floor area
devoted to any office.
8.5
OTHER REQUIREMENTS: DAY CARE FACILITIES
Where day care facilities are permitted in any R-2 Zone, the following shall apply:
(a)
With the exception of outdoor play space, any day care facility shall be wholly
contained within the dwelling which is the principle residence of the operator of the
facility.
(b)
No open storage or outdoor display shall be permitted.
(c)
Not more than one (1) business sign shall be permitted and no such sign shall
exceed two (2) square feet (0.2 m2) in area. The height of the sign shall be
restricted to eight (8) feet or less and not be attached to a dwelling. (RC-Jun
30/09;E-Sep 5/09)
(d)
One off-street parking space, other than that required for the dwelling shall be
provided.
8.6
OTHER REQUIREMENTS: BED AND BREAKFASTS (RC-Feb 21/23;E-Sep 1/23)
8.7
OTHER REQUIREMENTS: COMMERCIAL MOTOR VEHICLES
In any R-2 Zone, not more than one commercial vehicle shall be kept on any lot and no
such commercial motor vehicle shall exceed a registered vehicle weight of five (5) tons nor
be kept less than ten (10) feet from any front lot line.
8.8
EXISTING HOME BUSINESS USES
Notwithstanding Section 4.9 and 7.1, the existing home businesses identified in Appendix
"A", shall be permitted to the extent they are in existence at the time the land use by-law is
adopted.
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 54
PART 9:
R-3 (MOBILE DWELLING) ZONE
9.1
R-3 USES PERMITTED
No development permit shall be issued in any R-3 (Mobile Dwelling Subdivision) Zone
except for the following:
Single unit dwellings
Two unit dwellings
Multiple unit dwellings containing 3 or 4 dwelling units within the Urban Service
Area (RC-May 23/24;E-June 13/24)
Shared housing use with 10 or fewer bedrooms in conjunction with a permitted
dwelling unit (RC-Aug 9/22;E-Sep 15/22)
Day care facilities for not more than fourteen (14) children and in conjunction with
permitted dwellings
Business uses in conjunction with permitted dwellings
Open space uses
9.2
R-3 ZONE REQUIREMENTS
In any R-3 Zone, no development permit shall be issued except in conformity with the
following:
Minimum Lot Area
29,064 square feet (2700 m2)
Minimum Frontage
100 feet (30.5 m)
Minimum Front or Flankage Yard
20 feet (6.1 m)
Minimum Rear or Side Yard
8 feet (2.4 m)
Maximum Lot Coverage
35 per cent
Maximum Height of Main Building
35 feet (10.7 m)
9.3
OTHER REQUIREMENTS: BUSINESS AND DAY CARE USES
Where business uses and day care facilities are permitted in any R-3 Zone, the provisions
of Parts 11.3 and 11.4 shall apply.
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 55
PART 10:
R-3A (MOBILE HOME PARK) ZONE
10.1
R-3A USES PERMITTED
No development permit shall be issued in any R-3A (Mobile Home Park) Zone except for
the following:
Existing mobile home park
10.2
R-3A ZONE REQUIREMENTS
Minimum Front or Flankage Yard
20 feet (6.1 m)
Minimum Rear or Side Yard
8 feet (2.4 m)
Maximum Height of Main Building
35 feet (10.7 m)
10.3
Notwithstanding Section 4.9, the existing mobile home park shall be permitted to the
extent it is in existence at the time the land use by-law is adopted. Any expansion shall
be subject to Section 3.6 of this By-law (Uses Considered by Development Agreement).
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 56
PART 11:
R-6 (RURAL RESIDENTIAL) ZONE
11.1
R-6 USES PERMITTED
No development permit shall be issued in any R-6 (Rural Residential) Zone except for the
following:
Single unit dwellings
Two unit dwellings
Multiple unit dwellings containing 3 or 4 dwelling units within the Urban Service
Area (RC-May 23/24;E-June 13/24)
Shared housing use with 10 or fewer bedrooms in conjunction with a permitted
dwelling unit (RC-Aug 9/22;E-Sep 15/22)
Day care facilities for not more than fourteen (14) children and in conjunction with
permitted dwellings
Business uses in conjunction with permitted dwellings
Open space uses
Agriculture uses
Forestry uses
11.2
R-6 ZONE REQUIREMENTS
In any R-6 Zone, no development permit shall be issued except in conformity with the
following:
Minimum Lot Area:
on-site services
29,064 sq. ft. (2700 m2)
central sewer
10,000 sq. ft. (929 m2)
Minimum Frontage:
on-site services
100 ft. (30.5 m)
central sewer
75 ft. (23 m)
Minimum Front or Flankage Yard
20 feet (6.1 m)
Minimum Rear or Side Yard
8 feet (2.4 m)
Maximum Lot Coverage
35 per cent
Maximum Height of Main Building
35 feet (10.7 m)
11.3
OTHER REQUIREMENTS: BUSINESS USES
Where business uses are permitted in any R-6 Zone the following shall apply:
(a)
Any business shall be wholly contained within the dwelling or accessory building.
The dwelling shall be the principle residence of the operator of the business.
(b)
No more than fifty per cent of the gross floor area of any dwelling shall be devoted
to any business use and in no case shall the gross floor area of all buildings on any
lot devoted to a business use exceed one thousand (1,000) square feet.
(c)
No materials or equipment which is obnoxious or creates a nuisance by virtue of
noise, vibration, smell or glare shall be used on the lot.
(d)
No open storage or outdoor display shall be permitted.
(e)
No more than one sign shall be permitted for any business and no such sign shall
exceed two (2) square feet.
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 57
(f)
One (1) off-street parking space, other than that required for the dwelling, shall be
provided for every one hundred and fifty (150) square feet (14 m) of floor area
devoted to any business. No portion of any parking space shall be located within
any required side yard.
11.4
OTHER REQUIREMENTS: DAY CARE FACILITIES
Where day care facilities are permitted in any R-6 Zone, the following shall apply:
(a)
With the exception of outdoor play space, any facility shall be wholly contained
within the dwelling or accessory building.
(b)
No open storage or outdoor display shall be permitted.
(c)
No more than one sign shall be permitted for any facility and no such sign shall
exceed two (2) square feet.
11.5
OTHER REQUIREMENTS: AGRICULTURE USES
(a)
No more than fifty (50) domestic fowl or ten (10) of any other animals confined to
a barn, stable, or other structure shall be permitted.
(b)
No more than one thousand (1000) square feet of floor area of any structure shall
be used for retail use accessory to agriculture uses.
11.6
OTHER REQUIREMENTS: FORESTRY USES
(a)
No more than one thousand (1000) square feet of floor area of any structure shall
be used for a sawmill, other industrial mill related to forestry, or retail use accessory
to forestry uses.
(b)
Any area devoted to open storage shall not be permitted within any required yard
and shall not exceed twenty-five (25) per cent of the lot area.
(c)
No sawmills or other industrial mill related to forestry shall be located less than
fifty (50) feet from any lot line nor less than three hundred (300) feet from any
dwelling except a dwelling located on the same lot directly related to the above use.
11.7
EXISTING BUSINESS USES
Notwithstanding Section 4.9 and 11.1, existing business uses identified in Appendix "A"
shall be permitted to the extent they are in existence at the time the land use by-law is
adopted.
11.8
EXEMPTION: EXISTING SEMI-DETACHED DWELLINGS
(a)
Notwithstanding Section 11.2, where a semi-detached dwelling was in
existence prior to January 1, 2013, (NWCC-Jan 9/17;E-Jan 28/17) and capable
of being serviced with central services, no development permit shall be issued
except in conformity with the following:
Minimum Lot Area:
5 000 square feet (464.5 square metres)
Minimum Lot Frontage:
35 feet (10.6 metres)
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 58
Minimum Rear or Side Yard:
10 feet (3 m) or 0.0 feet (0.0 m) from the
side being common with another dwelling
unit
(b)
Notwithstanding Section 11.8(a), all other provisions of this by-law shall be
applicable. (RC-Sept 30/04;E-Oct 2/04)
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 59
PART 12:
R-8 (SPECIAL AREA) ZONE
12.1
R-8 USES PERMITTED
No development permit shall be issued in any R-8 (Special Area) Zone except for the
following:
Existing commercial uses
Existing institutional uses
Existing residential uses
Shared housing use with 10 or fewer bedrooms in conjunction with a permitted
dwelling unit (RC-Aug 9/22;E-Sep 15/22)
Mobile Home Parks (RC-Jul 8/03;E-Aug 16/03)
Open space uses
All uses permitted in the MU-1 (Mixed Use 1) Zone
12.2
R-8 ZONE REQUIREMENTS: EXISTING USES
In any R-8 Zone, no development permit shall be issued except in conformity with the
following:
Minimum Front or Flankage Yard
30 feet (9.1 m)
Minimum Rear or Side Yard
30 feet (9.1 m)
Minimum Separation Distance
Between Main Buildings
16 feet (4.8 m)
12.3
R-8 ZONE REQUIREMENTS: MU-1 ZONE USES
In any R-8 Zone, where new MU-1 Zone uses are permitted, no development permit shall
be issued except in conformity with the provisions of Part 13.
12.4
OTHER REQUIREMENTS: CONVERSION AND EXPANSION OF EXISTING
COMMERCIAL AND INSTITUTIONAL USES
In any R-8 Zone, existing commercial and institutional uses shall be permitted to expand
or be converted to any use permitted in the C-2 (General Business) Zone or C-4 (Highway
Commercial) Zone, or any institutional use.
12.5
OTHER REQUIREMENTS: OPEN STORAGE OR OUTDOOR DISPLAY
In any R-8 Zone, no open storage or outdoor display shall be permitted within thirty (30)
feet of a residential or institutional use except where a visual or physical barrier is
provided, in which case there shall be no open storage or outdoor display within ten (10)
feet of a residential or institutional use.
12.6
EXISTING RESIDENTIAL USES
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 60
Notwithstanding Section 4.9 and 12.1, existing residential uses shall be permitted to the
extent they are in existence on the effective date of this By-law.
12.7
MOBILE HOME PARK
In any R-8 Zone, where a mobile home park is permitted, no development permit
shall be issued except in conformity with the provisions of Mobile Home Park Bylaw,
as amended from time to time. (RC-Jul 8/03;E-Aug 16/03)
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 61
PART 13:
MU-1 (MIXED USE) 1 ZONE
13.1
MU-1 USES PERMITTED
No development permit shall be issued in any MU-1 (Mixed Use) Zone except for the
following:
Residential Uses
Single unit dwellings
Two unit dwellings
Shared housing use (RC-Aug 9/22;E-Sep 15/22)
Existing Senior Citizens housing on properties listed in Appendix A-1 (RC-Sep
12/23;E-Oct 10/23)
Existing multiple unit dwellings
New multiple unit dwellings containing 3 or 4 dwelling units within the Urban
Service Area (RC-May 23/24;E-June 13/24)
Day care facilities for not more than fourteen (14) children and in conjunction with
permitted dwellings
Business uses in conjunction with permitted dwellings
Short-term Bedroom Rentals accessory to a residential use with up to 6 bedrooms
(RC-Feb 21/23;E-Sep 1/23)
Other Uses
Institutional uses, except fire and police stations
Open space uses
Commercial uses permitted in the C-2 (General Business) Zone
Trucking, landscaping, excavating and paving services
Agriculture uses
Forestry uses and wooden furniture manufacturing
Composting operations (see section 4.29)
School Bus Yard (NWCC-Jun 14/21;E-July 3/21)
13.2
MU-1 ZONE REQUIREMENTS: RESIDENTIAL USES
In any MU-1 Zone, no development permit shall be issued for residential uses except in
conformity with the provisions of Section 11.2.
13.3
MU-1 ZONE REQUIREMENTS: OTHER USES
In any MU-1 Zone, no development permit shall be issued except in conformity with the
following:
Minimum Lot Area
29,064 square feet (2700 m2)
Minimum Frontage
100 feet (30.5 m)
Minimum Front or Flankage Yard
30 feet (9.1 m)
Minimum Rear or Side Yard
15 feet (4.6 m)
Maximum Lot Coverage for Structures
and Storage
50 per cent
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 62
Maximum Height of Main Building
35 feet (10.7 m)
13.4
OTHER REQUIREMENTS: BUSINESS AND DAY CARE USES
(a)
With the exception of outdoor display provisions, where business uses and day care
facilities in conjunction with a dwelling are permitted in any MU-1 Zone, the
provisions of Section 11.3 and Section 11.4 shall apply.
(b)
Outdoor display shall not be permitted:
(i)
within 10 feet of the front lot line or within the required side yard;
(ii)
within any yard which abuts an adjacent residential use, except where a visual
barrier is provided;
(iii) shall not exceed 200 square feet.
13.5
OTHER REQUIREMENTS: COMMERCIAL USES
Where commercial uses are permitted in any MU-1 Zone, the following shall apply:
(a)
The gross floor area devoted to all commercial uses on any lot shall not exceed two
thousand (2,000) square feet.
(b)
No open storage or outdoor display shall be permitted.
(c)
The parking lot shall be demarcated and paved or otherwise maintained with a stable
surface which is treated in a manner to prevent the raising of dust and loose particles.
(d)
Except where any commercial use abuts another commercial use in an MU-1 Zone,
no portion of any parking space shall be located within any required side yard.
(e)
Where any commercial use abuts another commercial use in the MU-1 Zone, the
abutting side yard requirement shall be eight (8) feet.
13.6
OTHER REQUIREMENTS: AGRICULTURE USES
(a)
Notwithstanding the provisions of Section 13.3, where any barn, stable or other
building intended for the keeping of more than fifty (50) domestic fowl or ten (10)
other animals is erected in any MU-1 Zone, no structure shall:
(i)
be less than fifty (50) feet from any side lot line;
(ii)
be less than one hundred (100) feet from any dwelling or potable water supply
except a dwelling or supply on the same lot or directly related to the
agricultural use;
(iii) be less than three hundred (300) feet from any watercourse or water body;
(iv) be less than five hundred (500) feet from any residential (R-1, RR-1) zone.
(b)
No more than two thousand (2,000) square feet of floor area of all structures on any
lot shall be used for a retail use accessory to agriculture uses.
13.7
OTHER
REQUIREMENTS:
FORESTRY
AND
WOODEN
FURNITURE
MANUFACTURING
Where forestry uses and wooden furniture manufacturing are permitted in any MU-1
Zone, the following shall apply:
(a)
No more than two thousand (2,000) square feet of gross floor area of all structures
on any lot shall be used for a sawmill, other industrial mill related to forestry,
wooden furniture manufacturing, or retail use accessory to the above uses;
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 63
(b)
No sawmill or other industrial mill related to forestry shall be located less than fifty
(50) feet from any lot line nor less than three hundred (300) feet from any dwelling
except a dwelling located on the same lot or directly related to the above use;
(c)
Any area devoted to open storage shall not be permitted within any required front or
side yard and shall not exceed twenty-five (25) per cent of the lot area.
13.8
OTHER REQUIREMENTS: INSTITUTIONAL USES
Where institutional uses are permitted in any MU-1 Zone, the provisions of Part 22 shall
apply.
13.9
OTHER REQUIREMENTS: TRUCKING, LANDSCAPING, EXCAVATING AND
PAVING SERVICES
Where trucking, landscaping, excavating and paving services are permitted in a MU-1
Zone, the following shall apply:
(a)
No development permit shall be issued for any use unless a dwelling is located on
the lot.
(b)
The total gross floor area of all structures on any lot devoted to the above uses shall
not exceed two thousand (2000) square feet.
(c)
No materials or mechanical equipment which is obnoxious or which creates a
nuisance by virtue of noise, vibration, smell or glare shall be used on the lot.
(d)
With the exception of aggregate resources, any materials associated with the above
uses shall be contained within a building or otherwise enclosed by a fence,
vegetation, or other means which provide a visual and physical barrier.
(e)
Any area devoted to open storage shall not be permitted within any required front or
side yard line and shall not exceed twenty-five (25) per cent of the lot area.
(f)
One off street parking space, other than that required for the dwelling shall be
provided for every three hundred (300) square feet of floor area used by the above
use.
(g)
No product stockpile or processing activity associated with the above uses shall be
located within one hundred (100) feet of a watercourse.
13.9.1 OTHER REQUIREMENTS: SCHOOL BUS YARD
Where School Bus Yards are permitted in a MU-1 Zone, the following shall apply:
(a)
Any area devoted to the parking and use of school busses shall not be
permitted within 60 metres (200 feet) of a residential use except where a
residential use is located on the same lot, exclusive of employee parking.
(b)
Not more than 25% of a lot may be used for a school bus yard use, exclusive
of employee parking.
(c)
Maintenance and fuelling of school busses shall not be permitted on any lot
that contains a School Bus Yard. (d) Derelict school busses shall not be
permitted on any lot that contains a School Bus Yard.
(NWCC - Jun 14/21; E - Jul 3/21)
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 64
13.10 EXEMPTION: EXISTING MOBILE HOME PARKS
Notwithstanding Section 13.1, Timber Trails Mobile Home Park, LIC Number 40203622,
shall be a permitted use to the extent to which it is in existence on the effective date of this
by-law.
13.11 EXEMPTION: EXISTING COMMERCIAL RECREATION USES
Notwithstanding Section 13.1, Woodhaven Campground, LIC Number 425389, and
Pin-Hi Golf Course, LIC Number 425512, and Atlantic Playland, LIC Number 40203648
and 40203630, shall be permitted uses to the extent to which they are in existence on the
effective date of this By-law.
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 65
PART 14:
MU-2 (MIXED USE TWO) ZONE
14.1
MU-2 USES PERMITTED
No development permit shall be issued in any MU-2 (Mixed Use Two) Zone except
for the following:
All uses permitted in the MU-1 Zone
Existing Senior Citizens Housing on properties listed in Appendix A-1 (RC-Sep
12/23;E-Oct 10/23)
All uses permitted in the C-4 Zone
All uses permitted in the I-1 (Mixed Industrial) Zone
Composting operations (see section 4.29)
Cannabis production facilities (RC-Sep 18/18;E-Nov 3/18)
14.2
MU-2 ZONE REQUIREMENTS: RESIDENTIAL USES
In any MU-2 Zone, no development permit shall be issued except in conformity with
the following:
Minimum Lot Area
29,064 square feet (2700 m2)
Minimum Frontage
100 feet (30.5 m)
Minimum Front or Flankage Yard
20 feet (6.1 m)
Minimum Rear or Side Yard
8 feet (2.4 m)
Maximum Lot Coverage
35 per cent
Maximum Height of Main Building
35 feet (10.7 m)
14.3
MU-2 ZONE REQUIREMENTS: INDUSTRIAL USES OVER 2000 SQUARE
FEET
In any MU-2 Zone, no development permit shall be issued except in conformity with
the following:
Minimum Lot Area
40,000 square feet (3716.1 m2)
Minimum Frontage
150 feet (30.5 m)
Minimum Front or Flankage Yard
50 feet (15.2 m)
Minimum Rear or Side Yard
50 feet (15.2 m)
Maximum Lot Coverage for Structures
50 per cent
Maximum Lot Coverage for Structures
and Outdoor Storage
75 per cent
Maximum Height of Main Building
35 feet (10.7 m)
Minimum Separation Distances Between
Accessory Buildings
15 feet (4.6 m)
14.4
MU-2 ZONE REQUIREMENTS: OTHER USES
In any MU-2 Zone, no development permit shall be issued except in conformity with
the following:
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 66
Minimum Lot Area
20,000 square feet (1858 m2)
Minimum Frontage
100 feet (30.5 m)
Minimum Front or Flankage Yard
30 feet (9.1 m)
Minimum Rear or Side Yard
15 feet (4.6 m)
Maximum Lot Coverage
50 per cent
Maximum Height of Main Building
35 feet (10.7 m)
14.5
OTHER REQUIREMENTS: BUSINESS AND DAY CARE USES
Where business uses and day care facilities in conjunction with a dwelling are
permitted in any MU-2 Zone the provisions of Section 13.4 shall apply.
14.6
OTHER REQUIREMENTS: COMMERCIAL USES
Where commercial uses are permitted in an MU-2 Zone, the following shall apply:
(a)
The gross floor area devoted to all commercial uses shall not exceed two
thousand (2,000) square feet unless there is direct access to Highway No. 1, a
minimum lot area of 30,000 square feet and a minimum frontage of 150 feet,
and in no case shall it exceed 10,000 square feet.
(b)
The parking lot shall be demarcated and paved or otherwise maintained with
a stable surface which is treated in a manner to prevent the raising of dust and
loose particles.
(c)
Where any commercial use abuts another commercial or an industrial use, the
abutting side yard requirement shall be eight (8) feet.
(d)
Except where a commercial use abuts another commercial use, no portion of
any parking space shall be located within any required side yard.
(e)
No open storage shall be permitted within the front yard.
(f)
No open storage shall be permitted within any side or rear yard which abuts a
residential or community use, except where a fence or other visual and physical
barrier is provided within the abutting yard and in no case shall open storage
be located within the required side or rear yard.
(g)
No outdoor display shall be located within ten (10) feet of any front lot line or
within any required side or rear yard. Where the yard abuts a residential or
community use, a visual barrier shall be provided.
14.7
OTHER REQUIREMENTS: SERVICE STATIONS
Where service stations are permitted in the MU-2 Zone, the following shall apply:
(a)
Minimum lot area
30,000 square feet (2787 m2)
(b)
Minimum Frontage
150 feet (45.7 m)
(c)
No portion of any pump island shall be located closer than twenty (20) feet (6.1
m) from any street line.
(d)
The minimum distance between ramps or driveways shall not be less than
thirty (30) feet (9.1 m).
(e)
The minimum distance from a ramp or driveway to a road intersection shall be
fifty (50) feet (15 m).
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 67
(f)
The minimum angle of intersection of a ramp to a road line shall be forty-five
(45) degrees.
(g)
The width of a ramp shall be a minimum of twenty (20) feet (6.1 m) and a
maximum of twenty six (26) feet (7.9 m).
14.8
OTHER REQUIREMENTS: AGRICULTURE
(a)
Notwithstanding the provisions of Section 14.2, where any barn, stable or other
building intended for the keeping of more than fifty (50) domestic fowl or ten
(10) other animals is erected in any MU-2 Zone, no structure shall:
(i)
be less than fifty (50) feet from any side lot line;
(ii)
be less than one hundred (100) feet from any dwelling or potable water
supply except a dwelling or supply on the same lot or directly related to
the agricultural use;
(iii) be less than three hundred (300) feet from any watercourse or water
body; and
(iv) be less than five hundred (500) feet from any residential (R-1, RR-1) zone.
(b)
Unless there is direct access to Highway No. 1, no more than two thousand
(2,000) square feet of floor area of any structure shall be used for a retail use
accessory to agriculture uses, and in no case shall it exceed 10,000 square feet.
14.9
OTHER REQUIREMENTS: FORESTRY
Where forestry uses are permitted in any MU-2 Zone, the following shall apply:
(a)
Unless there is direct access to Highway No. 1, no more than two thousand
(2,000) square feet of floor area of all structures on a lot shall be used for a
sawmill, other industrial mill related to forestry, or retail use accessory to the
forestry uses, and in no case shall it exceed 10,000 square feet.
(b)
No sawmill or other industrial mill related to forestry shall be located less than
fifty (50) feet from any lot line nor less than three hundred (300) feet from any
dwelling except a dwelling located on the same lot or directly related to the
forestry use.
(c)
Any area devoted to open storage shall not be permitted within any required
front or side yard and shall not exceed twenty-five (25) percent of the lot area.
14.10 OTHER REQUIREMENTS: INDUSTRIAL USES
(a)
Unless there is direct access to Highway No. 1, no more than two thousand
(2,000) square feet of floor area of any structure shall be used for an industrial
use, and in no case shall it exceed 10,000 square feet.
(b)
Where any industrial use abuts another industrial or a commercial use, the
abutting side yard requirement shall be fifteen (15) feet.
(c)
No open storage shall be permitted in the front yard or within any required
side or rear yard.
(d)
With the exception of aggregate resources, any materials associated with the
industrial use shall be contained within a building or otherwise enclosed by a
fence, vegetation, or other means which provide a visual and physical barrier.
(e)
No outdoor display shall be located within ten (10) feet of any front lot line or
within any required side or rear yard.
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 68
(f)
No outdoor display shall be permitted in any yard where the yard abuts any
residential or community use, except where a visual barrier is provided.
(g)
No parking or loading area shall be permitted in any required side or rear yard
where the required yard abuts any residential or community use.
14.11 OTHER REQUIREMENTS: INSTITUTIONAL USES
Where institutional uses are permitted in any MU-2 Zone, the provisions of Part 22
shall apply.
14.12 OTHER REQUIREMENTS: SEPARATION
Notwithstanding the provisions of Section 14.3 and 14.4, where the gross floor area
of all industrial or commercial uses on a lot exceeds 2,000 square feet, no industrial
or commercial building or associated storage area shall be less than one hundred
(100) feet from any residential (R-1, RR-1) zone, or watercourse and in no case shall
an associated storage area be less than one hundred (100) feet from a watercourse.
14.13 EXEMPTION: EXISTING COMMERCIAL RECREATION USES
Notwithstanding the provisions of Section 14.1, Colonial Camp Ground, LIC
Number 40139594, shall be a permitted use to the extent to which it is in existence on
the effective date of this By-law.
14.14 EXEMPTION: EXISTING SALVAGE OPERATION
Notwithstanding the provisions of Section 14.1, and subject to the provisions of
Sections 14.4 and 14.10, the following properties may be used for the purposes of a
salvage operation: Lands of Howard Barkhouse, Highway No. 1, LIC NUMBER
40139651; Lands of Mobile Valve Repairs Ltd., Highway No. 1, LIC NUMBERS
40163222 and 40163219.
14.15 EXEMPTION: EXISTING MOBILE HOME PARK
Notwithstanding Section 14.1, Springfield Estates Mobile Home Park, LIC Number
40152803 shall be a permitted use to the extent to which it is existence on the effective
date of this by-law. Any expansion shall be subject to Section 3.6 of this By-law (Uses
Considered by Development Agreement).
14.16
OTHER REQUIREMENTS: CANNABIS PRODUCTION FACILITIES (RC-Sep
18/18;E-Nov 3/18)
(a)
A cannabis production facility shall comply with the requirements of Section
14.3 and Section 14.10.
(b)
Where a lot containing a cannabis production facility abuts a lot
(i)
zoned or used for residential purposes, or
(ii)
that is used for a daycare, community centre, school, religious
institution, public park or playground, such facility, including any
building or outdoor area used as a cannabis production facility, shall
be set back a minimum 230 feet (70 metres) from the abutting lot line.
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 69
PART 15:
GU-1 (GENERAL USE) ZONE (RC-Jan 10/23;E-Feb 3/23)
15.1
GU-1 USES PERMITTED
No development permit shall be issued in any GU-1 (General Use) Zone except for
the following:
RESIDENTIAL USES
Single unit dwellings;
Two-unit dwellings;
Shared Housing use with 10 or fewer bedrooms in conjunction with a permitted
dwelling unit;
Home Business Uses; and
Uses accessory to the foregoing.
COMMERCIAL USES
Any commercial use not exceeding 2,000 square feet of gross floor area except:
- Commercial entertainment uses
- Outdoor display courts
- Service stations
INDUSTRIAL USES
Any industrial use not exceeding 5,000 square feet of gross floor area except:
- Sanitary Landfill Sites and Dumps
- Hazardous Waste Disposal Sites
- C&D Materials Transfer Stations
- C&D Materials Processing Facilities
- C&D Materials Disposal Sites
- Salvage Yards (except existing salvage yards)
- Composting Operations
RESOURCE USES
Any resource use except:
- Forestry uses exceeding 5000 square feet
- Intensive Agricultural Uses
15.2
GU-1 ZONE REQUIREMENTS: RESIDENTIAL USES
In any GU-1 Zone, where uses are permitted as Residential uses, no development
permit shall be issued except in conformity with the following:
Minimum Lot Area
29,064 square feet (2700 m2)
Minimum Frontage
100 feet (30.5 m)
Minimum Front or Flankage Yard
20 feet (6.1 m)
Minimum Rear or Side Yard
½ the height of the main building, but
in no case shall it be less than 8 feet
(2.4 m)
Maximum Lot Coverage
35 per cent
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 70
Maximum Height of Main Building
35 feet (10.7 m)
15.3
GU-1 ZONE REQUIREMENTS: EXISTING SALVAGE YARDS
In any GU-1 Zone, where existing salvage yards are permitted no development
permit shall be issued except in conformity with the following:
Minimum Lot Area
80,000 square feet (7432 m2)
Minimum Frontage
100 feet (30.5 m)
Minimum Front or Flankage Yard
50 feet (15.2 m)
Minimum Rear or Side Yard
50 feet (15.2 m)
Maximum Lot Coverage for Structures
and Storage
75 per cent
(a)
Any materials associated with the existing salvage yard operation shall be
contained within a building or otherwise enclosed by a fence, vegetation, or
other means which provide a visual and physical barrier.
(b) No outdoor storage shall be located within any required yard.
(c) No salvage yard operation shall be located within five hundred (500) feet of a
community facility use or a residential zone.
(d) No outdoor storage shall be located within three hundred (300) feet of a
watercourse.
15.4
GU-1 ZONE REQUIREMENTS: HOME BUSINESS USES
Where home business uses are permitted in any GU-1 Zone, the following shall
apply:
(a) Any home business shall be wholly contained within either the dwelling or an
accessory building on the property which comprises the principal residence of
the operator of the home business.
(b) No more than one thousand (1,000) square feet (92.9 m2) of the combined gross
floor area of any structure shall be devoted to a home business use.
(c) No materials or mechanical equipment shall be used which is obnoxious or
creates a nuisance by virtue of noise, vibration, glare, odour or dust.
(d) Any structure used for the repair or work on vehicles or mechanical
equipment shall be located a minimum of 50 feet away from a dwelling on the
property or on an abutting lot.
(e) All outdoor storage of materials, goods, supplies, or equipment related to the
operation of the business shall not exceed 300 square feet (91.4 m), cannot be
located in any required front or side yard and must be effectively screened by
a fence.
(f) Outdoor display shall not exceed 200 square feet (18.5 m2).
(g) No more than one (1) sign shall be permitted for any home business and no
such sign shall exceed three (2) square feet (0.3 m2) in area.
(h) Two (2) off-street parking spaces other than that required for the dwelling
shall be provided.
15.5
GU-1 ZONE REQUIREMENTS: COMMERCIAL USES
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 71
In any GU-1 Zone, where commercial uses are permitted, no permit shall be issued
except in conformity with the following:
(a)
a maximum of 500 square feet (46.4 m2) of open storage shall be permitted if it
is screened by an opaque fence.
(b) a maximum of 200 square feet (18.5 m2) of outdoor display shall be permitted.
(c)
Except where any commercial use abuts another commercial use, no portion of
any parking space shall be located within any required side yard.
(d) Landscaping shall be provided along the front and side of the property to a
minimum depth of 10 feet (3.0 m).
15.6
GU-1 ZONE REQUIREMENTS: INDUSTRIAL USES
In the GU-1 Zone, where industrial uses are permitted, no permit shall be issued
except in conformity with the following:
(a) Any building or structure shall conform to the following requirements:
Minimum Lot Area
80,000 square feet (7432 m2)
Minimum Frontage
100 feet (30.5 m)
Minimum Front or Flankage Yard 30 feet (9.1 m)
Minimum Rear or Side Yard
25 feet (7.6 m)
Maximum Height of Main Building
35 feet (10.7 m)
(b) No outdoor storage of materials shall be located within the minimum yard
requirements specified under clause (a) and any outdoor storage of materials
shall be enclosed within a fence or otherwise screened so as to provide a visual
and physical barrier.
(c) No building or outdoor storage area shall be located within 100 hundred feet
(30.5 m) of any dwelling on an abutting lot.
(d) No building or outdoor storage area shall be located within 300 hundred feet
(91 m) of a watercourse.
(e) The combined area of all buildings and outdoor storage areas shall not exceed
seventy-five (75) per cent of the lot area.
(f) No outdoor display shall be located within 10 feet (1.5 m) of any front lot line
and where a residential or community use is established on the abutting lot, no
outdoor display shall be located within 25 feet (7.6 m) of the common lot line
unless a visual barrier is provided, in which case the required setback from the
lot line may be reduced to 5 feet (1.5 m).
(g) Where a residential or community use is established on the abutting lot, no
parking or loading area shall be located within 25 feet (7.6 m) of the common
lot line unless a visual barrier is provided, in which case the required setback
from the lot line may be reduced to 5 feet (1.5 m).
(h) Landscaping shall be provided along the front and sides of the property to a
minimum depth of 10 feet (3.0 m).
(i) Where an industrial use abuts a residential or community use, a visual and
physical barrier in the form of an opaque fence or landscaping shall be
provided.
15.7
GU-1 ZONE REQUIREMENTS: OTHER USES
In any GU-1 Zone, no development permit shall be issued for uses other than
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 72
residential uses, salvage yard uses, industrial uses and forestry uses except in
conformity with the following:
Minimum Lot Area
29,064 square feet (2700 m2)
Minimum Frontage
100 feet (30.5 m)
Minimum Front or Flankage Yard
30 feet (9.1 m)
Minimum Rear or Side Yard
15 feet (4.6 m)
Maximum Lot Coverage
50 per cent
Maximum Height of Main Building
35 feet (10.7 m)
15.8
OTHER REQUIREMENTS: AGRICULTURE USES
(a)
No more than fifty (50) domestic fowl or ten (10) of any other animals confined
to a barn, stable, or other structure shall be permitted.
(b)
No more than one thousand (1000) square feet (92.9 m2) of floor area of any
structure shall be used for retail use accessory to agriculture uses.
15.9
OTHER REQUIREMENTS: CANNABIS PRODUCTION FACILITIES
(a)
A cannabis production facility shall comply with the provisions of Section
19.2 and 19.3.
(b)
Where a lot containing a cannabis production facility abuts a lot
(i)
zoned or used for residential purposes, or
(ii)
that is used for a daycare, community centre, school, religious
institution, public park or playground,
such facility, including any building or outdoor area used as a cannabis
production facility, shall be set back a minimum 230 feet (70 metres) from
the abutting lot line.
15.10 GU-1 ZONE REQUIREMENTS: FORESTRY USES
In the GU-1 Zone, where forestry uses are permitted, no permit shall be issued except
in conformity with the following:
(a) Any building or structure shall conform to the following requirements:
Minimum Lot Area
80,000 square feet (7432 m2)
Minimum Frontage
200 feet (60 m)
Minimum Front or Flankage Yard
30 feet (9.1 m)
Minimum Rear or Side Yard 15 feet
(4.6 m) or 25 feet (7.6 m) if abutting a
residential use
Maximum Height of Main Building
35 feet (10.7 m)
(b)
Open storage shall not be permitted in a required side or front yard.
(c)
No sawmill or other industrial mill related to forestry shall be located less than
fifty (50) feet from any lot line nor less than 300 hundred feet (30.5 m) from any
dwelling on an abutting lot.
(d) No sawmill or other industrial mill related to forestry shall be located within
300 hundred feet (91.4 m) of a residential or rural residential zone.
(e)
Where any sawmill or other industrial mill related to forestry abuts a
residential or community use, a visual and physical barrier in the form of an
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 73
opaque fence or landscaping shall be provided.
15.11 GU-1 ZONE REQUIREMENTS
In any GU-1 Zone, where a combination of uses is permitted in the GU-1 Zone, the
combined gross floor area of all structures devoted to a non-residential use shall not
exceed 5000 square feet (464 m2) and in no case can the gross floor area of any of the
non-residential use exceed the maximum gross floor area permitted for each non-
residential use as specified under these Sections.
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 74
PART 16: C-2 (GENERAL BUSINESS) ZONE
16.1
C-2 USES PERMITTED
No development permit shall be issued in any C-2 (General Business) Zone except for the
following:
Retail stores
Food stores
Service and personal service shops
Offices
Commercial schools
Banks and financial institutions
Full Service and Take-out Restaurant
Funeral establishments
Theatres and cinemas, except drive-in theatres
Parking lots
Welding, plumbing and heating, electrical and other special trade contracting services
and shops
Bakeries
Single and two unit dwellings
Institutional Uses
Shared housing use with 10 or fewer bedrooms (RC-Aug 9/22;E-Sep 15/22)
Commercial Entertainment Uses in conjunction with Full Service Restaurants, not
exceeding 139 square metres (1,500 square feet) devoted to public use, and only on
the sites identified in this Part. (RC-Apr 26/16;E-Jun 25/16)
16.2
C-2 ZONE REQUIREMENTS
No development permit shall be issued except in conformity with the following:
Minimum Lot Area
29,064 square feet (2700 m2)
Minimum Frontage
100 feet (30.5 m)
Minimum Front or Flankage Yard
30 feet (9.1 m)
Minimum Rear or Side Yard
15 feet (4.6 m)
Maximum Height of Main Building
35 feet (10.7 m)
16.3
OTHER REQUIREMENTS: PARKING AND OUTDOOR DISPLAY
In any C-2 Zone, the following shall apply:
(a)
No open storage or outdoor display shall be permitted.
(b)
No parking shall be permitted within any required side or rear yard where the
required yard abuts any residential or community use, except where a visual barrier
is erected, in which case there will be no parking within (five) 5 feet of the side or
rear lot line.
(c)
The parking lot shall be demarcated and paved or otherwise maintained with a stable
surface which is treated in a manner to prevent the raising of dust and loose particles.
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 75
16.4
OTHER REQUIREMENTS: ABUTTING USES
Notwithstanding the provisions of Section 16.2, where any commercial use abuts another
commercial or an industrial use, the abutting side or rear yard requirement may be reduced
to eight (8) feet.
16.5
OTHER REQUIREMENTS: COMMERCIAL FLOOR AREA
The gross floor area of all commercial buildings on a lot in any C-2 Zone shall not exceed
five thousand (5000) square feet of gross floor area, including any floor area devoted to
permitted dwelling units.
16.6
OTHER REQUIREMENTS: INSTITUTIONAL USES
Where institutional uses are permitted ln any C-2 Zone, the provisions of Part 22 shall
apply.
16.7 OTHER REQUIREMENTS: COMMERCIAL ENTERTAINMENT USES IN
CONJUNCTION WITH FULL SERVICE RESTAURANTS
(RC-Apr 26/16;E-Jun 25/16)
Commercial Entertainment Uses in conjunction with Full Service Restaurants, not
exceeding 139 square metres (1,500 square feet) devoted to public use, shall only be
permitted in the following locations.
-
1345 Hammonds Plains Road (PID 00421131)
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 76
PART 17:
C-4 (HIGHWAY COMMERCIAL) ZONE
17.1
C-4 USES PERMITTED
No development permit shall be issued in any C-4 (Highway Commercial) Zone except
for the following:
All uses permitted in the C-2 zone
Display courts
Motels
Service stations
Taxi and bus depots
Greenhouses and nurseries
Veterinary clinics and indoor kennels
Recycling Depots
Building supply outlets
Drive in and take out restaurants
Fraternal centres and private clubs
Short-term Rentals (RC-Feb 21/23;E-Sep 1/23)
Short-term Bedroom Rentals (RC-Feb 21/23;E-Sep 1/23)
17.2
C-4 ZONE REQUIREMENTS
In any C-4 Zone, no development permit shall be issued except in conformity with the
following:
Minimum Lot Area
30,000 square feet (2787 m2)
Minimum Frontage
100 feet (30.5 m)
Minimum Front or Flankage Yard
30 feet (9.1 m)
Minimum Rear or Side Yard
15 feet (4.6 m)
Maximum Height of Main Building
35 feet (10.7 m)
Maximum Lot Coverage for
Structures and Outdoor Storage
75 per cent
17.3
OTHER REQUIREMENTS: COMMERCIAL FLOOR AREA
The gross floor area of all commercial buildings on a lot in any C-4 Zone shall not exceed
ten thousand (10,000) square feet of gross floor area, including any floor area devoted to
permitted dwelling units.
17.4
OTHER REQUIREMENTS: OPEN STORAGE AND DISPLAY
Where any portion of any lot in any C-4 Zone is to be used for open storage or outdoor
display, the following shall apply:
(a)
Any area devoted to open storage may not exceed fifty (50) per cent of the lot area.
(b)
No open storage shall be permitted within any front yard.
(c)
No outdoor display shall be located within ten (10) feet of any front lot line.
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 77
(d)
No open storage or outdoor display shall be permitted in any required yard within
any C-4 Zone where the required yard abuts any residential or community facility
use except where a visual and physical barrier is provided, in which case there will
be no open storage or outdoor display within five feet of the abutting side or rear lot
line.
17.5
OTHER REQUIREMENTS: PARKING AND LOADING AREAS
No parking or loading area shall be permitted in any required side or rear yard where the
yard abuts any residential or community facility use, except where a visual barrier is
provided in which case there will be no parking or loading within five (5) feet of the
abutting side or rear lot line.
17.6
OTHER REQUIREMENTS: SERVICE STATIONS
Where service stations are permitted in the C-4 Zone, the following shall apply:
(a)
Minimum lot area 30,000 square feet (2787 m2)
(b)
Minimum Frontage 150 feet (45.7 m)
(c)
No portion of any pump island shall be located closer than twenty (20) feet (6.1 m)
from any street line.
(d)
The minimum distance between ramps or driveways shall not be less than thirty (30)
feet (9.1 m).
(e)
The minimum distance from a ramp or driveway to a road intersection shall be fifty
(50) feet (15 m).
(f)
The minimum angle of intersection of a ramp to a road line shall be forty-five (45)
degrees.
(g)
The width of a ramp shall be a minimum of twenty (20) feet (6.1 m) and a maximum
of twenty six (26) feet (7.9 m)
17.7
OTHER REQUIREMENTS: ABUTTING USES
Notwithstanding the provisions of Section 17.2, within a C-4 Zone, where any commercial
use abuts another commercial or an industrial use, the abutting side or rear yard
requirement may be reduced to eight (8) feet.
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 78
PART 17A: C-5 (HAMMONDS PLAINS COMMERCIAL) ZONE (RC-Feb 9/10;E-Apr
3/10)
17A.1 C-5 USES PERMITTED
No development permit shall be issued in any C-5 (Hammonds Plains Commercial)
Zone except for the following, pursuant to the Site Plan Approval process:
Commercial Uses
Food Stores
Service and Personal Service Shops
Full Service Restaurants
Take-Out Restaurants
Retail Stores
Banks and Financial Institutions
Offices
Bakeries
Veterinary Clinics and the associated boarding of animals
Greenhouses and Nurseries
Service Stations, including an accessory drive-up window on PID 41185133, and
associated vehicles washing facilities
Theatres and Cinemas, except drive in theatres
Commercial Schools
Private Clubs not exceeding 418.1 m2 (4,500 ft2) of gross floor area
Commercial Entertainment Uses in conjunction with Full Service Restaurants, not
exceeding 232.3 m2 (2,500 ft2) devoted to public use
Other Uses
Institutional Uses, excluding cemeteries
A maximum of four (4) dwelling units within a commercial use building
Public Utilities/Works Uses
Public Transit Terminals
Uses Accessory to Permitted Uses
17A.2 Site Plan Approval shall not be required for a change in use or occupancy within a
building, internal renovations with no external renovation or modifications to a
building, accessory buildings (not including vehicle washing facilities), or any signage.
17A.3 C-5 ZONE REQUIREMENTS
In any C-5 (Hammonds Plains Commercial) Zone no development permit shall be
issued except in conformity with the following requirements:
Minimum Lot Area
2,787 m2 (30,000 ft2)
Minimum Lot Frontage on Hammonds Plains Road
61.0 m (200 ft)
Minimum Lot Frontage
30.5 m (100 ft)
Minimum Front/Flankage Yard Setback
9.1 m (30 ft)
Minimum Rear and Side Yard Setback
4.6 m (15 ft)
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 79
Minimum Setback from an abutting residential zone or use
9.1 m (30 ft)
Maximum Height of Building
10.7 m (35 ft)
Maximum Height of Institutional Building
15.2 m (50 ft)
Maximum Lot Coverage
50 %
Maximum Impervious Surface Coverage
75%
Minimum Landscaped Area
25%
17A.4 OTHER REQUIREMENTS: FLOOR AREA
(a)
The gross floor area of all buildings (including accessory buildings) on a lot in
any C-5 (Hammonds Plains Commercial) Zone, including indoor parking at
or above established grade, shall not exceed 2,787 m2 (30,000 ft2). In addition,
no building footprint shall exceed 1,393.5 m2 (15,000 ft2).
(b)
Notwithstanding Section 17A.4 (a), where institutional uses are permitted in
any C-5 (Hammonds Plains Commercial) Zone, the maximum footprint of an
institutional building shall not exceed 1,858 m2 (20,000 ft2).
17A.5 OTHER REQUIREMENTS: PUBLIC UTILITIES/WORKS USES AND PUBLIC
TRANSIT TERMINALS
Where public utility/works uses and public transit terminals are permitted in any C-
5 (Hammonds Plains Commercial) Zone, the following shall apply:
(a)
No development permit shall be issued for a public utility/works use or a public
transit terminal except in conformity with the provisions of Part 22; and
(b)
Notwithstanding Section 17A.5(a), a public utility/works use or public transit
terminal shall also conform, where applicable, with the Site Plan Approval
provisions of the C-5 Zone, as required by Section 17A.14.
17A.6 OTHER REQUIREMENTS: SERVICE STATIONS
Where service stations are permitted in any C-5 (Hammonds Plains Commercial)
Zone, the following shall apply:
(a)
The lot shall have a minimum area of 3,716 m2 (40,000 ft2);
(b)
The lot shall have a minimum of 60 m (200 ft) of contiguous frontage on
Hammonds Plains Road;
(c)
No building associated with a service station shall exceed 185.8 m2 (2,000 ft2)
of gross floor area;
(d)
No portion of pump island canopy shall be illuminated. Notwithstanding, a
pump island canopy may be used as an anchor to direct light immediately
beneath the canopy;
(e)
A pump island canopy associated with a service station may include one (1)
sign, provided the sign is no larger than thirty (30) square feet and not backlit;
(f)
A pump island canopy associated with a service station shall include no less
than two of the following architectural elements:
(i)
recesses/projections;
(ii)
cornices and parapets;
(iii)
peaked roof forms;
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 80
(iv)
architectural details such as tile or stone work, and decorative
mouldings; and
(v)
or any other similar architectural treatment deemed to be an
acceptable equivalent;
(g)
No portion of any pump island, including a pump island canopy, shall be
located closer than 6.1 m (20 ft) from any street line;
(h)
No more than four (4) fuel pumps shall be permitted on a lot;
(i)
No servicing or general repair of motorized vehicles shall be permitted;
(j)
Vehicle washing facilities (car wash) must be accessory to a service station and
shall not exceed 185.8 m2 (2,000 ft2) of gross floor area;
(k)
All architectural requirements applicable to the C-5 (Hammonds Plains
Commercial) Zone shall apply to vehicle washing facilities;
(l)
No more than one (1) accessory drive-up window shall be permitted on a lot;
(m)
The accessory drive-up window shall be subordinate, normally incidental, and
exclusively devoted to the service station;
(n)
The accessory drive-up window shall not be located on any facade facing a
public street; and
(o)
No residential uses shall be permitted on the same lot.
17A.7 OTHER REQUIREMENTS: DWELLING UNIT USES
Where dwelling units are permitted in any C-5 (Hammonds Plains Commercial)
Zone, the following shall apply:
(a)
Where a commercial use building contains residential units, the dwelling units
shall not exceed 50 percent of the gross floor area of the commercial use
building, nor be located at or below the ground floor;
(b)
No more than four (4) dwelling units shall be permitted within a commercial
use building, and no more than eight (8) dwelling units shall be permitted on
a lot; and
(c)
Amenity space shall be set aside for recreational purposes such as, but not
limited to, common recreational areas, play areas, recreational rooms, roof
decks, balconies, swimming pools, courtyards, gardens, patios and tennis
courts and clearly identified on plans submitted for a Development Permit.
The minimum amenity space shall be provided based on the type of residential
unit as follows:
(i)
One Bedroom/Bachelor:
18.6. m2 (200 ft2)
(ii)
Two Bedroom:
32.5 m2 (350 ft2)
(iii)
Three Bedroom:
46.5 m2 (500 ft2)
(iv)
Four or more Bedroom:
55.7 m2 (600 ft2)
For the purposes of determining amenity space requirements, one bedroom plus
den/office units shall be considered to be a two-bedroom unit, two bedroom plus
den/office units shall be considered to be a three-bedroom unit and so on.
17A.8 OTHER REQUIREMENTS: ARCHITECTURAL DETAIL
In any C-5 (Hammonds Plains Commercial) Zone, the following architectural
requirements shall apply:
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 81
(a)
A combination of arcades, display windows, entry areas, permanent awnings
or other such features shall be incorporated into all building facades along not
less than 60 percent of their horizontal length facing a public street;
(b)
The predominant roof slope shall be pitched with a minimum slope of ten (10)
degrees. The upper floor of any structure shall be articulated with a roof
design that incorporates features such as dormers, parapets, peak roof forms,
or other architectural treatment considered to be acceptable;
(c)
With the exception of corner lots, building lines shall be generally parallel or
perpendicular to the public street;
(d)
No uninterrupted length of any facade facing a public street shall exceed 15.2
horizontal metres (50 feet). Wall plane projections or recesses shall be
incorporated into all facades greater than 15.2 horizontal metres (50 feet) in
length, measured horizontally, having a depth of at least three (3) percent of
the length of the facade and extending at least 20 percent of the length of the
facade;
(e)
Building materials shall not include vinyl siding;
(f)
A minimum of one clearly defined, visible entrance way shall be provided on
each facade oriented to the public street. All entrance ways required to be
clearly defined shall include no less than three of the following elements:
(i)
canopies or porticos;
(ii)
overhangs;
(iii)
recesses/projections;
(iv)
arcades;
(v)
raised corniced parapets over the door;
(vi)
peaked roof forms;
(vii)
display windows;
(viii) architectural details such as tile or stone work, and decorative
mouldings which are integrated into the building;
(ix)
integral planters or wing walls that incorporate landscaped areas and
sitting places; and
(x)
or any other similar architectural treatment considered to be an
acceptable equivalent;
(g)
The total window area per building facade shall not exceed 50 percent.
Windows shall be accentuated by design details (i.e. arches, hoods, mouldings,
decorative lintels, pediments, sills);
(h)
Rooftop equipment, including, but not limited to, satellite and other
telecommunication equipment, air handling units, elevator equipment, cooling
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 82
towers and exhaust fans shall be screened (visually) from the public street and
adjacent properties. The screening shall include but not limited to parapets
and enclosures. Building screens shall be part of the architectural design with
similar detailing and materials and not appear as add-ons.
17A.9 OTHER REQUIREMENTS: LANDSCAPING
(a)
A 4.6 m (15 ft) wide landscape strip shall be provided along all street property
lines, exclusive of driveways and walkways. The required landscape strip shall
incorporate a minimum of one (1) tree (minimum of 60 mm caliber) and three
(3) shrubs per 7.6 m (25 feet) of street frontage. The incorporation of trees
and shrubs into the required landscape strip may be provided in the form of
groupings, provided a minimum ratio of one (1) tree and three (3) shrubs are
provided per 7.6 m (25 feet) of street frontage;
(b)
Notwithstanding Section 17A.9(a), existing trees may be substituted where
trees and shrubs are required; and
(c)
All other landscaped areas shall be grassed, or alternatively, natural ground
covers such as water features, stone (washed or flat), mulch, perennials, and
annuals may be utilized.
17A.10 OTHER REQUIREMENTS: DRIVEWAY ACCESS
(a)
No lot with less than 200 feet of contiguous frontage on Hammonds Plains
Road shall be permitted driveway access onto Hammonds Plains Road;
(b)
Where a lot has a minimum of 200 feet of contiguous frontage on Hammonds
Plains Road, a maximum of one (1) driveway access onto Hammonds Plains
Road shall be permitted; and
(c)
A lot with more than 300 feet of contiguous frontage on Hammonds Plains
Road may be permitted a maximum of two (2) driveway accesses onto
Hammonds Plains Road.
17A.11 OTHER REQUIREMENTS: PARKING
(a)
Minimum parking requirements established in Section 4.26(a) shall be
reduced by 20 percent in the C-5 (Hammonds Plains Commercial) Zone; and
(b)
All lots with more than twenty (20) required parking spaces shall have ten
(10) percent of their parking area landscaped with vegetation such that the
parking lots do not have groups of parking stalls greater than twenty (20) in
an uninterrupted area. Landscape areas designed to separate a bank of
parking stalls shall be a minimum of six (6) feet in width and may be
calculated as pervious surface where applicable. Required landscaped areas
associated with required parking shall have a minimum of one (1) tree
(minimum of 60 mm caliber) and three (3) three shrubs.
17A.12 OTHER REQUIREMENTS: BICYCLE PARKING
(a)
Bicycle parking which permits the locking of a bicycle by the frame and the
front wheel and support the bicycle in a stable position with two points of
contact (bicycle racks - including wall mounted varieties) shall be provided
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 83
at a rate of one (1) per 250 m2 (2,691 ft2) of gross floor area, excluding
residential units; and
(b)
Bicycle parking that secures an entire bicycle and protects it from inclement
weather, which includes any key secured areas such as lockers, bicycle rooms,
and bicycle cages shall be provided at a rate of one (1) per dwelling unit.
17.A.13 OTHER REQUIREMENTS: OUTDOOR STORAGE AND DISPLAY
(a)
No outdoor storage is permitted in the C-5 (Hammonds Plains Commercial)
Zone;
(b)
Outdoor display of goods and wares shall be permitted, provided the outdoor
display is associated with a retail use, food store, bakery, greenhouse and
nursery use, or institutional use; and
(c)
No outdoor display shall be permitted in any required parking area, required
landscaped area, or any area required for pedestrian and vehicular
movement.
17A.14 OTHER REQUIREMENTS: SITE PLAN APPROVAL
(a)
No development permit shall be issued for any use permitted in the C-5
(Hammonds Plains Commercial) Zone, prior to the Development Officer
granting Site Plan Approval. Applications for Site Plan Approval shall be in
the form specified in Appendix D. All applications for Site Plan Approval
shall be accompanied by a site plan properly drawn to scale and of sufficient
detail to address all of matters identified in this Section.
(b)
Notwithstanding the Site Plan Approval notification distance required by the
Halifax Regional Municipality Charter, the Development Officer shall give
notice in writing of an approved site plan, or the appealed refusal of a site
plan, to every assessed owner whose property is within the greater of 200 m
(656.2 ft) of the applicant=s property.
(c)
Where Site Plan Approval provisions conflict with Part 4 and Part 5, the Site
Plan Approval provisions shall prevail.
(d)
The Development Officer shall approve a Site Plan where the following
matters have been addressed:
(i)
landscaping required by the C-5 Zone includes the retention of
existing natural vegetation, where feasible;
(ii)
designated walkways, sidewalks, and other pedestrian connections
incorporate a change in colour, texture, or material;
(iii)
sidewalks are incorporated along the entire front facade of a
commercial use building which contains three or more commercial
occupancy spaces;
(iv)
landscape elements such as but not limited to small shrubs, trees,
benches, lighting, and planters are provided along the entire front
facade of a commercial use building which contains three or more
commercial occupancy spaces;
(v)
designated walkways extend from building entrances to a public street
and to any public park or trail system abutting the property, and
unless otherwise not possible, do not cross any driveways or parking
areas;
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 84
(vi)
a storm water management plan is prepared by a Professional
Engineer, which includes consideration of both upstream and
downstream properties;
(vii)
driveway access is located and designed to minimize impacts on
adjacent properties;
(viii) required non-residential bicycle storage facilities are provided near
the main entrances to buildings;
(ix)
within any required side or rear yard, existing vegetation be retained
unless it does not provide for adequate screening from abutting
properties or where the existing vegetation conflicts with required
parking and loading areas;
(x)
where parking areas are located within any required side or rear yard
abutting a residentially used or zoned property, screening is provided;
(xi)
loading facilities are only located at the rear or side of the building and
screened from any abutting residentially used or zoned property;
(xii)
all refuse is screened from abutting properties and public streets;
(xiii) the Site Plan includes a lighting plan prepared by a lighting specialist,
which identifies measures to ensure outdoor lighting is positioned and
directed away from adjacent properties;
(xiv) a qualified professional has identified how all applicable landscaping
requirements will be satisfied;
(xv)
an active transportation corridor connecting the Uplands Park
subdivision and Kingswood Drive that is designed to a standard
acceptable by the Municipality, including a travel surface within the
corridor that is clearly marked with a paved treatment such as
concrete, asphalt, or interlocking brick. The corridor only applies to
PID 41185539, but may be incorporated into PID 00422493, and may
require the use of fencing or vegetation to clearly identify the corridor
and assist in directing movement. Where the corridor is required, a
public access easement in favour of the Municipality shall be
established. The minimum width of the public access easement shall
be six (6) m (19.7 ft). In the event the corridor is unable to connect to
Municipal land, or to a public access easement in favour of the
Municipality, development on PID 41185539 shall be designed to
facilitate a potential corridor from PID 41185539, across the northern
portion of PID 00420927 to Municipal land;
(xvi) Residential units are connected, where applicable, to commercial
buildings on the same lot, public parkland and open space, pedestrian
trails and walkways, parking lots, the public right of way, and the
intersection
of
Hammonds
Plains
Road
and
Gatehouse
Run/Kingswood Drive. Pedestrian connections may be a combination
of on-site crosswalks, walkways and sidewalks, or other forms
acceptable by the Municipality;
(xvii) queuing areas for accessory drive-up windows are not located between
a building and the public street, and where visible from the public
street, screening is provided. Queuing areas are clearly delineated and
well integrated into the site, while all features associated with the
drive-up window, including exit areas from the queue and the call-
box, are located and designed to minimize impacts with driveway
accesses; and
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 85
(xviii) all matters required by site plan approval shall be maintained.
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 86
PART 18:
C-6 (COMMERCIAL ENTERTAINMENT) ZONE
18.1
C-6 USES PERMITTED
No development permit shall be issued in any C-6 (Commercial Entertainment) Zone
except for the following:
Taverns and beverage rooms
Nightclubs and lounges
Billiard and pool halls
Private clubs
Bingo and dance halls
18.2
C-6 ZONE REQUIREMENTS
In any C-6 Zone, no development permit shall be issued except in conformity with the
following:
Minimum Lot Area
40,000 square feet (3716.1 m2)
Minimum Frontage
200 feet (30.5 m)
Minimum Front or Flankage Yard
50 feet (15.2 m)
Minimum Rear or Side Yard
25 feet (7.6 m)
Maximum Lot Coverage
25 per cent
Maximum Height of Main Building
35 feet (10.7 m)
18.3
OTHER REQUIREMENTS: PARKING AND OUTDOOR DISPLAY
In any C-6 Zone, the following shall apply:
(a) No open storage or outdoor display shall be permitted.
(b) Except where any commercial use abuts another commercial use, no parking shall
be permitted within any required side or rear yard, except where a fence or other
visual and physical barrier is erected in which case there will be no parking within
5 feet of the side or rear lot line.
(c) The parking lot shall be demarcated and paved or otherwise maintained with a stable
surface which is treated in a manner to prevent the raising of dust and loose particles.
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 87
PART 19:
I-1 (MIXED INDUSTRIAL) ZONE
19.1
I-1 USES PERMITTED
No development permit shall be issued in any I-1 (Mixed Industrial) Zone except for the
following:
Industrial Uses
Any manufacturing, processing, assembly or warehousing operation which is not
obnoxious and which is conducted and wholly contained within a building
Service industries
General contracting storage yards and services
Transport facilities and maintenance yards
Heavy machinery sales and service
Building materials outlets
Greenhouses
Existing asphalt plants
Trucking, landscaping, excavating and paving services
Communication transmission stations
Commercial and office uses accessory to permitted industrial uses
Cannabis production facilities (RC-Sep 18/18;E-Nov 3/18)
Resource Uses
Agriculture uses
Forestry uses
Composting operations (see section 4.29) (MC-Feb 26/96;M-Mar 28/96)
General Commercial Uses
Any commercial use permitted under Section 16.1
Residential Uses
Single unit dwellings, shared housing use (RC-Aug 9/22;E-Sep 15/22) and mobile
dwellings in association with permitted industrial and resource uses
19.2
LOT SIZE REQUIREMENTS: ALL USES
Minimum Lot Area
29,064 square feet (2700 m2)
Minimum Frontage
100 feet (30.5 m)
19.3
REQUIREMENTS: INDUSTRIAL USES
(a)
any building or structure shall conform to the following requirements:
Minimum Front Yard
30 feet (9.1 m)
Minimum Rear or Side Yard
25 feet (7.6 m)
Maximum Lot Coverage
50 per cent
Minimum Separation Distance
Between Accessory Buildings
15 feet (4.6 m)
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 88
(b)
Notwithstanding clause (a), where an I-1 zoned lot abuts a lot containing an
industrial or commercial use, the abutting side or rear yard requirement may be
reduced to fifteen (15) feet along the common lot line.
(c)
Notwithstanding clause (a), where an I-1 zoned lot abuts a railway line right-of-
way, the side or rear yard requirement shall be waived along the common lot line.
(d)
No outdoor storage of materials shall be located within the minimum yard
requirements specified under clause (a) and any outdoor storage of materials shall
be enclosed within a fence or otherwise screened so as to provide a visual and
physical barrier.
(e)
No building or outdoor storage area shall be located within one hundred (100) feet
of any watercourse or any residential zone (R-1, R-2).
(f)
The combined area of all buildings and outdoor storage areas shall not exceed
seventy-five (75) per cent of the lot area.
(g)
No outdoor display shall be located within ten (10) feet of any front lot line and
where a residential or community use is established on the abutting lot, no outdoor
display shall within twenty-five (25) feet of the common lot line unless a visual
barrier is provided, in which the required setback from the lot line may be reduced
to five (5) feet.
(h)
Where a residential or community use is established on the abutting lot, no parking
or loading area shall be located within twenty-five (25) feet of the common lot line
unless a visual barrier is provided, in which the required setback from the lot line
may be reduced to five (5) feet.
19.4
REQUIREMENTS: RESOURCE USES
(a)
agricultural uses shall conform to the requirements of Sections 21.2 and 21.3,
except that the minimum lot area and frontage requirements of Section 21.2 shall
not apply; and
(b)
forestry uses shall conform to the requirements of Sections 21.2 and 21.4, except
that the minimum lot area and frontage requirements of Section 21.2 shall not
apply.
19.5
REQUIREMENTS: GENERAL COMMERCIAL USES
(a)
the gross floor area of all buildings or portions of any building dedicated to
permitted commercial uses shall not exceed two thousand (2,000) square feet; and
(b)
commercial uses shall conform to the requirements of Sections 16.2, 16.3 and 16.4.
19.6
REQUIREMENTS: RESIDENTIAL USES
Any residential building shall conform to the following requirements:
Minimum Front Yard
30 feet (9.1 m)
Minimum Rear or Side Yard
8 feet (2.4 m)
Maximum Height
35 feet (10.7 m)
Minimum Separation from
Adjacent Main Buildings
8 feet (2.4 m)
19.7
OTHER REQUIREMENTS: CANNABIS PRODUCTION FACILITIES (RC-Sep
18/18;E-Nov 3/18)
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 89
(a)
A cannabis production facility shall comply with the requirements of Section
19.2 and 19.3.
(b)
Where a lot containing a cannabis production facility abuts a lot
(i)
zoned or used for residential purposes, or
(ii)
that is used for a daycare, community centre, school, religious
institution, public park or playground, such facility, including any
building or outdoor area used as a cannabis production facility, shall
be set back a minimum 230 feet (70 metres) from the abutting lot line.
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 90
PART 20:
I-4 (FORMER SANITARY LANDFILL SITE) ZONE
20.1
I-4 USES PERMITTED
No development permit shall be issued in any I-4 (Sanitary Landfill) Zone except for the
following:
Former Sanitary Landfill Site Operation
Recreation uses including golf courses
20.2
I-4 ZONE REQUIREMENTS
In any I-4 Zone, no development permit shall be issued except in conformity with the
following:
Minimum Front or Flankage Yard
30 feet (9.1 m)
Minimum Rear or Side Yard
30 feet (9.1 m)
Maximum Lot Coverage
50 per cent
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 91
PART 21:
MR-1 (MIXED RESOURCE) ZONE
21.1
MR-1 USES PERMITTED
No development permit shall be issued in any MR-1 (Mixed Resource) Zone except for
the following:
Agriculture uses
Intensive agriculture uses
Kennels
Forestry uses
Fishing uses
Communications transmission stations
Single unit dwellings
Shared housing use with 10 or fewer bedrooms in conjunction with a permitted
dwelling unit (RC-Aug 9/22;E-Sep 15/22)
Business uses in conjunction with permitted dwellings
Open space uses
Hunting and fishing lodges
Recreation uses
Composting operations (see section 4.29)
Cannabis production facilities (RC-Sep 18/18;E-Nov 3/18)
21.2
MR-1 ZONE REQUIREMENTS
In any MR-1 Zone, no development permit shall be issued except in conformity with the
following:
Minimum Lot Area
80,000 square feet (7432 m2)
Minimum Frontage
200 feet (61 m)
Minimum Front or Flankage Yard
30 feet (9.1 m)
Minimum Rear or Side Yard
25 feet (7.6 m)
Maximum Height of Main Building
35 feet (10.7 m)
21.3
OTHER REQUIREMENTS: AGRICULTURAL AND INTENSIVE
AGRICULTURAL USES
Where agricultural and intensive agricultural uses are permitted in any MR-1 Zone, the
following shall apply:
(a)
No barn, stable, or other building intended for the keeping of more than fifty (50)
domestic fowl or ten (10) other animals shall be located:
(i)
less than fifty (50) feet from any side lot line;
(ii)
less than one hundred (100) feet from any dwelling or potable water supply
except a dwelling or supply on the same lot or directly related to the
agricultural use;
(iii) less than three hundred (300) feet from any watercourse.
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 92
(b)
No intensive agricultural use shall be less than five hundred (500) feet from any
residential (R-1) zone nor shall have access through a residential (R-1) Zone,
except where no other access can be granted by the Department of Transportation.
21.4
OTHER REQUIREMENTS: FORESTRY
Where forestry uses are permitted in any MR-1 Zone, the following shall apply:
(a)
No sawmill or other industrial mill related to forestry shall be located less than
fifty (50) feet from any lot line nor less than one hundred (100) feet from any
dwelling except a dwelling located on the same lot or directly related to the forestry
use.
(b)
No sawmill or other industrial mill related to forestry with more than 2,000 sq. ft.
of gross floor area shall be located within three hundred (300) feet of a residential
or rural residential zone.
(c)
No sawmill or other industrial mill related to forestry with more than 2,000 sq. ft.,
of gross floor area shall have access through a residential (R-1), zone except where
no other access can be granted by the Department of Transportation.
(d)
Where any sawmill or other industrial mill related to forestry abuts a residential or
rural residential zone, a visual and physical barrier shall be provided.
21.5
OTHER REQUIREMENTS: BUSINESS USES
Where business uses in conjunction with a dwelling are permitted in any MR-1 Zone,
the following shall apply:
(a)
Any residential lot used for businesses purposes shall contain the principle
residence of the operator of the business.
(b)
No more than fifty per cent of the gross floor area of any dwelling shall be devoted
to any business use and in no case shall the gross floor area of all buildings devoted
to a business use exceed one thousand (1000) square feet.
21.6
EXEMPTION: EXISTING GOLF COURSE
Notwithstanding Section 21.1, Halifax Golf and Country Club (Ashburn), LIC Number
526863, shall be a permitted use to the extent to which it is in existence on the effective
date of the By-law. Any expansion shall be subject to Section 3.6 of this By-law (Uses
Considered by Development Agreement).
21.7
OTHER REQUIREMENTS: CANNABIS PRODUCTION FACILITIES (RC-Sep
18/18;E-Nov 3/18)
(a)
A cannabis production facility shall not exceed 5,000 square feet (464.5
square metres) in gross floor area.
(b)
Where a lot containing a cannabis production facility abuts a lot
(i)
zoned or used for residential purposes, or
(ii)
that is used for a daycare, community centre, school, religious
institution, public park or playground,
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 93
such facility, including any building or outdoor area used as a cannabis
production facility, shall be set back a minimum 230 feet (70 metres) from the
abutting lot line.
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 94
PART 22:
P-2 (COMMUNITY FACILITY) ZONE
22.1
P-2 USES PERMITTED
No development permit shall be issued in any P-2 (Community Facility) Zone except for
the following uses:
Schools
Denominational institutions and uses
Day care facilities
A single dwelling unit in conjunction with a day care facility
Fire and police stations
Government offices and public works
Hospitals and medical clinics
Public libraries, museums and galleries
Community centres and halls
Shared housing with 10 or fewer bedrooms (RC-Aug 9/22;E-Sep 15/22)
Shared housing with special care (RC-Aug 9/22;E-Sep 15/22)
Open space uses
Recreation uses
22.2
P-2 ZONE REQUIREMENTS
In any P-2 Zone, no development permit shall be issued except in conformity with the
following:
Minimum Lot Area
30,000 square feet (2787 m2)
Minimum Frontage
100 feet (30.5 m)
Minimum Front or Flankage Yard
30 feet (9.1 m)
Minimum Rear or Side Yard
building
½ the height of the main
Maximum Lot Coverage
50 per cent
22.3
P-2 ZONE REQUIREMENTS: OPEN SPACE USES
Notwithstanding Section 22.2, in any P-2 Zone, no development permit shall be issued
for open space uses except in conformity with the following:
Minimum Front or Flankage Yard
30 feet (9.1 m)
Minimum Rear or Side Yard
30 feet (9.1 m)
22.4
P-2 ZONE REQUIREMENTS: SHARED HOUSING WITH SPECIAL CARE (RC-
Aug 9/22;E-Sep 15/22)
Notwithstanding Section 22.2, in any P-2 Zone, no development permit shall be issued
for shared housing with special care (RC-Aug 9/22;E-Sep 15/22) except in conformity
with the following:
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 95
Minimum Lot Area
20,000 square feet (1858 m2)
Minimum Frontage
100 feet (30.5 m)
Minimum Front or Flankage Yard
20 feet (6.1 m)
Minimum Rear or Side Yard
8 feet (2.4 m)
Maximum Lot Coverage
35 per cent
22.5
OTHER REQUIREMENTS: LANDSCAPING
The following landscaping provisions shall be required of all uses, except for shared
housing (RC-Aug 9/22;E-Sep 15/22) and fire and police stations, as conditions of any
development permit issued in a P-2 Zone:
(a)
A landscaped area of twenty (20) feet in width shall be provided along any property
line which abuts a local street.
(b)
A landscaped area of eight (8) feet in width shall be provided along any side or
rear property line which abuts an R-1 (Single Unit Dwelling) Zone or RR-1
(Restricted Residential) Zone.
(c)
The minimum landscaping requirement for landscaped areas shall be sodding or
seeding.
22.6
OTHER REQUIREMENTS: PARKING AREAS
(a)
No parking areas shall be permitted within any required side or rear yard.
(b)
All parking areas shall be demarcated and paved or otherwise treated with a stable
surface which is treated in a manner to prevent the raising of dust and loose
particles.
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 96
PART 23: RPK (REGIONAL PARK) ZONE (RC-Jun 25/14;E-Oct 18/14)
23.1
RPK USES PERMITTED
No development permit shall be issued in any RPK (Regional Park) Zone except for
the following:
Park Uses
Recreation uses
Conservation uses
Uses accessory to the foregoing
23.2
RPK ZONE REQUIREMENTS
In any RPK Zone, no development permit shall be issued except in conformity with
the following:
Minimum Front or Flankage Yard:
9.14m
Minimum Side or Rear Yard:
6.1m
Maximum Lot Coverage:
35%
Maximum Height of Main Building:
10.7 m
Maximum Building Size:
305m2
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 97
PART 24: PWS (PROTECTED WATER SUPPLY) ZONE (RC-Jun 25/14;E-Oct
18/14)
24.1
PWS USES PERMITTED
No development permit shall be issued in any PWS (Protected Water Supply) Zone
except for the following:
Municipal water distribution or purification facilities
Conservation uses
Public Parks
Agriculture and forestry uses involving no buildings
Single Unit Dwellings
Uses accessory to the foregoing uses
24.2
PWS ZONE REQUIREMENTS: SINGLE UNIT DWELLINGS
In any PWS Zone, where single unit (RC-Oct 11/22;E-Nov 16/22) dwellings are
permitted, no development permit shall be issued except in conformity with the
following:
Minimum Lot Area:
7432 m²
Minimum Frontage:
61m
Minimum Front or Flankage Yard:
6.1m
Minimum Side Yard:
4.6m
Minimum Rear Yard:
7.6m
Maximum Height of Main Building:
10.7m
24.3
PWS ZONE REQUIREMENTS: OTHER USES
In any PWS Zone, no development permit shall be issued except in conformity with
the following:
Minimum Lot Area:
1858m²
Minimum Front or Flankage Yard:
7.61m
Minimum Side Yard:
4.6m
Minimum Rear Yard:
7.6m
24.4
OTHER REQUIREMENTS: SETBACKS FROM WATERCOURSES
(a)
Notwithstanding the provisions of Sections 24.2 and 24.3, no development
permit shall be issued for any dwelling or accessory structure within 30.5
metres of any watercourse or 76.2 metres of the rim of Pockwock, Beaver, or
Tomahawk Lake.
(b)
Notwithstanding Section 4.18, water distribution uses may be built to the lot
line where the line corresponds to the shore line.
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 98
PART 25:
(RC-Apr29/25;E-May26/25) 1987 FP (FLOODPLAIN) ZONE
25.1
FP USES PERMITTED
No development permit shall be issued in any FP (Floodplain) Zone except for the
following:
Existing Uses
Non-residential uses that existed on or before [coming in force date of this
amendment].
(RC-Apr29/25;E-May26/25)
Resource Uses
Agricultural uses
Forestry uses
Fishing and fishing related uses
Water control structures (RC-Jun 25/14;E-Oct 18/14)
Wastewater, stormwater and water infrastructure (RC-Jun 25/14;E-Oct 18/14)
Open Space Uses
Public and private parks and playgrounds
Recreation uses
Boat house accessory to an existing residential use (RC-Apr29/25;E-May26/25)
Conservation related uses
roads and public utilities (RC-Apr29/25;E-May26/25)
25.2
FP ZONE REQUIREMENTS: RESOURCE USES
In any FP Zone, where uses are permitted as Resource Uses, no development permit shall
be issued except in conformity with the following:
Minimum Lot Area
29,064 square feet (2700 m2)
Minimum Frontage
100 feet (30.5 m)
Minimum Front or Flankage Yard
20 feet (6.1 m)
Minimum Rear or Side Yard
8 feet (2.4 m)
Maximum Lot Coverage
35 per cent
25.3
FP ZONE REQUIREMENTS: OPEN SPACE USES
In any FP Zone, where uses are permitted as Open Space Uses, no development permit
shall be issued except in conformity with the provisions of Part 22.
25.4
Repealed (RC-Apr29/25;E-May26/25)
25.5
OTHER REQUIREMENTS: PROHIBITED USES AND STRUCTURES
Notwithstanding the provisions of Section 25.1, no structure shall be used or constructed
to be used for human habitation, whether permanent or temporary, in any FP Zone.
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 99
25.6
Repealed (RC-Apr29/25;E-May26/25)
25.7
RESTRICTION: PLACEMENT OF OFF-SITE FILL
The placement of off-site fill or alteration of grades is prohibited within the 1987
FP (Floodplain) Zone, except for road construction and public utilities. The
placement of off-site fill or alteration of grades will only be permitted for road
construction or public utilities where a professional engineer undertakes a
hydrotechnical study to certify that the fill will not contribute to upstream or
downstream flooding, increase flood elevations, or alter river flows. (RC-
Apr29/25;E-May26/25)
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 100
PART 25A 2024 FWO (FLOODWAY OVERLAY) ZONE (RC-Apr29/25;E-
May26/25)
25A.1
FWO USES PERMITTED
No development permit shall be issued in any FWO (Floodway Overlay) Zone
except for the following:
Existing Uses
Non-residential uses that existed on or before [coming in force date of this
section]
Resource Uses
Agricultural uses, except buildings and structures related to agricultural uses
Forestry uses
Fishing and fishing-related uses
Open Space Uses
Public and private parks and playgrounds
Recreation uses
Boathouse accessory to an existing residential use
Conservation related uses
Other Uses
Public utilities, trails, and roadways
Parking areas
Change in use permitted uses
Subject to section 25A.9, an existing non-residential use may change in use to a
use permitted in the underlying zone except for any of the following:
Automotive Repair
Heavy equipment services
Gas Stations
Dry cleaners
Industrial uses
Construction & Demolition uses
Any use for the storage, distribution, or manufacturing of hazardous materials
Medical Facilities and hospitals
Daycares
Shared Housing
Hotels and motels
25A.2
FWO ZONE REQUIREMENTS: RESOURCE USES
In any FWO Zone, where uses are permitted as Resource Uses, no development
permit shall be issued except in conformity with the following:
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 101
Minimum Lot Area
29,064 square feet (2700 m2)
Minimum Frontage
100 feet (30.5 m)
Minimum Front or Flankage Yard
20 feet (6.1 m)
Minimum Rear or Side Yard
8 feet (2.4 m)
Maximum Lot Coverage
35 percent
25A.3
FWO ZONE REQUIREMENTS: OPEN SPACE USES
In any FWO Zone, where uses are permitted as Open Space Uses, no
development permit shall be issued except in conformity with the provisions of
Sections 25A.4, 25A.5, 25A.6 of Part 25 and Sections 22.3 and 22.5 of Part 22.
25A.4
OTHER REQUIREMENTS: PROHIBITED USES AND STRUCTURES
Notwithstanding the provisions of Section 25A.1:
a) no structure shall be used or constructed to be used for human habitation,
whether permanent or temporary, in any FWO Zone;
b) no structure shall be used for the storage, distribution, or manufacturing of
hazardous materials; and
c) any structure must be designed by a professional engineer to withstand a
flood and allow flow through.
25A.5
RESTRICTION: PLACEMENT OF OFF-SITE FILL
The placement of off-site fill or alteration of grades is prohibited within the FWO
Zone, except for road construction and public utilities. The placement of off-site
fill or alteration of grades will only be permitted for road construction or public
utilities where a professional engineer undertakes a hydrotechnical study to
certify that the fill will not contribute to flooding on adjacent properties,
increased upstream or downstream flooding, increased flood elevations, or result
in a change to flood water flow patterns.
25A.6
OTHER REQUIREMENTS: GRADE ALTERATION FOR FLOODPROOFING
Notwithstanding Section 25A.5, alteration of grades is permitted for
floodproofing required under Sections 25A.7 and 25A.8 subject to the following:
a) grade alteration is limited to the existing building footprint with associated
slope stabilization to floodproof a building or structure.
b) a grading plan has been prepared and certified by a professional engineer or
licensed Nova Scotia Land Surveyor showing the final grade is above the
nearest upstream 1-in-100-year flood elevation shown on Schedule K or at a
site-specific elevation above the 1-in-100-year elevation as determined by a
professional engineer or Nova Scotia Land Surveyor;
c)
a professional engineer, through a hydrotechnical study, certifies that the
grading will not contribute to flooding on adjacent properties, increased
upstream or downstream flooding, increased flood elevations, or result in a
change to flood water flow patterns; and
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 102
d) all other grading legislation is met.
25A.7
OTHER REQUIREMENTS: EXISTING USES EXPANSION
Notwithstanding Sections 4.9 and 25A.1, where a hydrotechnical study
undertaken by a professional engineer certifies that an expansion to an existing
use will not contribute to flooding on adjacent properties, increased upstream or
downstream flooding, increased flood elevations, result in a change to flood water
flow patterns, existing uses permitted under Section 25A.1 are permitted to
expand provided the expansion is for:
a) alterations and expansions to entranceways needed for accessibility
purposes; or
b) alterations and expansions to loading areas.
25A.8
OTHER REQUIREMENTS: EXISTING USE RECONSTRUCTION AND
FLOODPROOFING
Existing uses permitted under Section 25A.1, are permitted to be reconstructed
provided the structure is constructed in the same location and to the same extent
as the existing building, there is no increase in the building footprint, and a
hydrotechnical study, carried out by a qualified person, shows that the proposed
development will not contribute to increased flooding on adjacent properties,
increased upstream or downstream flooding, increased flood elevations, or result
in a change to floodwater flow patterns. Where an existing use is permitted to be
reconstructed the following floodproofing conditions must be met:
a) all floors must be constructed above the nearest upstream 1-in-100-year flood
elevation outlined on Schedule K or above the site-specific 1-in-100-year
elevation as determined by a professional engineer or Nova Scotia land
surveyor.
b) all electrical and mechanical equipment within a building must be located
above the 1-in-100-year elevation unless designed by a qualified professional
engineer to withstand a flood; and
c)
any structure constructed below the 1-in-100-year flood elevation must be
designed by a professional engineer to withstand a flood and allow for flow
through.
25A.9
OTHER REQUIREMENTS: EXISTING NON-RESIDENTIAL USES CHANGE
IN USE
An existing non-residential use may change to another non-residential use
permitted in the underlying zone subject to the following requirements:
a) there is no expansion of the structure(s);
b) the change in use is not for any residential institutions such as hospitals,
shared accommodations, or daycares as outlined in Section 25A.1; and
c)
the use change is not for commercial or industrial uses involving the use or
storage of hazardous materials.
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 103
25A.10
PARKING
The minimum parking requirements, as set out in Section 4.26, shall not apply to
any use permitted in the Floodway Overlay Zone.
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 104
PART 25B 2024 FFO (FLOOD FRINDGE OVERLAY) ZONE (RC-
Apr29/25;E-May26/25)
In addition to the regulations of the underlying zone, development in the 2024 FFO (Flood
Fringe Overlay) Zone shall be subject to the following requirements:
25B.1
PROHIBITED USES
Notwithstanding the uses permitted in the underlying zone, the following uses are
prohibited:
Automotive Repair
Heavy equipment services
Gas Stations
Dry cleaners
Industrial uses
Construction & Demolition uses
Any use for the storage, distribution, or manufacturing of hazardous materials
Medical Facilities and hospitals
Daycares
Shared Housing
Hotels and motels
25B.2
FLOODPROOFING BUILDING REQUIREMENTS
All new or expanded structures are permitted subject to the following
floodproofing requirements:
a) all floors must be constructed above the nearest upstream 1-in-100-year flood
elevation outlined on Schedule K or above the site-specific 1-in-100-year
elevation as determined by a professional engineer or Nova Scotia land
surveyor, except for a parking area that may be constructed below the 1-in-
100-year elevation if designed by a professional engineer to allow flow-
through of floodwaters and to withstand a flood;
b) all electrical and mechanical equipment within a building must be located
above the 1-in-100-year elevation unless designed by a professional engineer
to withstand a flood; and
c)
all below-grade parking or other structures below the 1-in-100-year elevation
must be designed by a professional engineer to withstand a flood and to allow
flow through.
25B.3
RESTRICTION: OFF-SITE FILL FOR FLOODPROOFING
The placement of off-site fill shall not be permitted unless it is required for
floodproofing subject to the following:
a) the placement of off-site fill is limited to the building footprint and associated
slope stabilization to place the building above the nearest upstream 1-in-100-
year elevation outlined in Schedule K or the site-specific 1-in-100-year
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 105
elevation as determined by a professional engineer or Nova Scotia Land
Surveyor;
b) a grading plan has been prepared by a professional engineer or Licensed
Nova Scotia Land Surveyor that clearly shows the final grade is above the
nearest upstream 1-in-100-year flood elevation shown on Schedule K or at an
elevation certified by a professional engineer or Licensed Nova Scotia Land
Surveyor to be above the 1-in-100-year elevation at the site;
c)
a professional engineer certifies, through a hydrotechnical study, that the
infill and grading will not contribute to flooding on adjacent properties,
increased upstream or downstream flooding, increased flood elevations, or
result in a change to flood water flow patterns; and
d) all other grading legislation is met.
25B.4
RESTRICTION: GRADE ALTERATION
Alterations of topography shall be permitted to allow for necessary grading for
permitted uses, provided the following conditions can be met:
a) a grading plan has been prepared by a professional engineer or Licensed
Nova Scotia Land Surveyor that clearly shows the final grade is above the
nearest upstream 1-in-100-year flood elevation shown on Schedule K or at an
elevation certified by a professional engineer or Licensed Nova Scotia Land
Surveyor to be above the 1-in-100-year elevation at this site.
b) a professional engineer certifies and confirms, through a hydrotechnical
study, that the grading will not contribute to flooding on adjacent properties,
increased upstream or downstream flooding, increased flood elevations, or
result in a change to flood water flow patterns.
c) all other grading legislation is met.
25B.5
SECONDARY SUITES AND BACKYARD SUITES
Where a residential use is located within the 2024 FFO (Flood Fringe Overlay)
Zone, the following conditions shall be applied to Secondary Suites and Backyard
Suites in addition to the requirements set out in Section 4.12A:
a) the habitable floorspace of a secondary suite shall not be permitted unless it
is above the nearest upstream 1-in-100-year flood elevation outlined on
Schedule K or above a site-specific 1-in-100-year flood elevation as
determined by a professional engineer or Licensed Nova Scotia Land
Surveyor after April 8, 2025; and
b) a new backyard suite constructed after April 8, 2025, shall be floodproofed as
per the floodproofing requirements of 25B.2 of the 2024 FFO (Flood Fringe
Overlay) Zone.
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 106
PART 26:
COMPREHENSIVE DEVELOPMENT DISTRICT (CDD) ZONE
26.1
CDD USES PERMITTED
No development permit shall be issued in any CDD (Comprehensive Development
District) Zone except for the following:
Single unit dwellings
Two unit dwellings
Shared housing use with 10 or fewer bedrooms in conjunction with a permitted
dwelling unit (RC-Aug 9/22;E-Sep 15/22)
Local commercial uses not exceeding two thousand (2000) square feet
Day care facilities for not more than seven (7) children and in conjunction with permitted
dwellings
Home Business
Institutional Uses
26.2
CDD REQUIREMENTS
In any CDD (Comprehensive Development District) Zone no development permit shall
be issued except in conformity with the development agreement provisions of the
Municipal Government Act.
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 107
PART 26A: CD-1 (C&D MATERIALS TRANSFER STATIONS) ZONE
26A.1 CD -1 USES PERMITTED
No development permit shall be issued in any CD-1 (Transfer Stations) Zone except
for the following, pursuant to the Site Plan Approval process:
Construction and Demolition Materials Transfer Stations
Uses accessory to permitted use
26A.2 CD-1 ZONE REQUIREMENTS
In any CD-1 Zone, no development permit shall be issued except in conformity with
the following:
Minimum Lot Area
3,716 square metres (40,000 square feet) - central
services
11,148 square metres (120,000 square feet) - on-site
services
Minimum Frontage
15 metres (49.2 feet) - central services
30 metres (98.4 feet) - on-site services
Minimum Front Yard
25 metres (82.0 feet)
Minimum Side Yard
30 metres (98.4 feet)
Minimum Rear Yard
30 metres (98.4 feet)
Maximum Lot Coverage
50 %
Maximum Height
11 metres (36.0 feet)
26A.3 OTHER REQUIREMENTS: C&D Materials Transfer Stations
No development permit shall be issued for a C&D Materials Transfer Station except
in compliance with the following provisions:
(a)
any building or structure shall meet the following separation distances:
(i)
from any property line
30 metres (98.4 feet)
(ii)
from the nearest residential
dwelling or institutional use
60 metres (196.9 feet)
(iii)
from a watercourse
30 metres (98.4 feet)
(b)
notwithstanding Section 26A.3(a), where a building or structure is not to be
located within 250 metres of a residential or institutional use or building, the
building setback from any property line may be reduced to 10 metres (32.8
feet).
(c)
notwithstanding Section 26A.3(a), any C&D Materials Transfer Station which
is to be totally enclosed within a building (no outdoor storage of material,
product, or equipment) setback from any property line may be reduced to 10
metres (32.8 feet).
26A.4 General Requirements: C&D Materials Operations
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 108
No development permit shall be issued for a C&D Materials Operation except in
compliance with the following provisions:
(a)
no operation shall be permitted, result in, causes or produces any of the
following effects discernible outside any building or structure or affecting any
adjacent property:
noise or sound which is obnoxious because of its volume, duration, intermittent
beat, frequency, or shrillness;
dissemination of smoke, fumes, gas, dust, odour, or any atmospheric pollutant;
or
discharge of any waste material whatsoever into a watercourse or water
resource except in accordance with the applicable government requirements.
(b)
notwithstanding any other provisions of this by-law, C&D Materials
Operation may occur either inside or outside of a building;
(c)
there shall be a landscaped area of at least 4.5 metres (14.8 feet) in depth that
runs the length of and directly abuts the front lot line, excluding driveway
openings, and such land within this required landscaped area shall be grassed
(or other appropriate vegetation ground cover) and trees and shrubs shall be
planted (trees shall be a minimum of 1.8 metres (6 feet) in height) or existing
trees and shrubs shall be maintained at a minimum rate of one (1) plant per
each 2 metres (6.6 feet) of frontage;
(d)
notwithstanding Section 26A.4(c), if the front yard area is treed, the
landscaped area is not required but all vegetation within 10 metres of the front
lot line shall be retained and maintained;
(e)
no portion of the operation shall be located within any side, rear, or front yard
setback;
(f)
no operation shall have direct access to either a local or subdivision road, as
determined by the Municipality's Traffic and Transportation Services
Division and any access road for such operations shall not occur through lands
zoned for residential (R-1, R-1A, R-2, R-3, and R-6) or community use (P-2, P-
3, P-4, and FP); and
(g)
no portion of the operation shall be located within a Flood Fridge Overlay (RC-
Apr29/25;E-May26/25).
26A.5 General Requirements: Site Plan Approval
All C&D operations are subject to approval of a site plan. The Development Officer
shall approve a site plan where the following matters have been addressed:
h)
driveway access to the site shall be located in such a manner to minimize land
use impacts on adjacent land uses;
i)
separation distances shall be provided from any structure on the site and
abutting residential or community facility properties to ensure the
development does not negatively impact upon surrounding properties;
j)
all off-street loading and unloading areas, stockpiles, processing areas, and
adjacent uses or streets and screening can be in the form of fencing, berms,
vegetation, or a combination of elements;
k)
a landscaping plan shall be prepared that protects and minimize land use
impacts on adjoining lands and the plan shall indicate the type, size, and
location of all landscaping elements including the landscaping along the front
of the property, to achieve the objective of the plan;
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 109
l)
within any designated side and rear yards, existing vegetation shall be retained
unless it does not provide for adequate screening measures;
m)
all outdoor lighting shall be oriented such that it is directed away from
adjacent properties;
n)
all solid waste storage containers shall be screened from adjacent properties
and streets;
o)
impact of the location, number and size of signs;
p)
measures, including but not limited to lot grading, berms, shall be required to
adequately address the management of stormwater and surface water; and
q)
provisions are established to ensure the operation and any required site
improvements are maintained to a high standard.
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 110
PART 26B: CD-2 (C&D MATERIALS PROCESSING FACILITIES) ZONE
26B.1 CD-2 USES PERMITTED
No development permit shall be issued in any CD-2 (C&D Recycling) Zone except for
the following, pursuant to the Site Plan Approval process:
Construction and Demolition Materials Processing Facilities
All CD-1 Zone uses
Uses Accessory to permitted uses, excluding construction and demolition disposal
Accessory dwelling unit which are provided for the purposes of safety, security, or
maintenance
26B.2 CD-2 ZONE REQUIREMENTS
In any CD-2 Zone, no development permit shall be issued except in conformity with
the following:
Minimum Lot Area
3,716 square metres (40,000 square feet) central services
11,148 square metres (120,000 square feet) on-site
services
Minimum Frontage
15 metres (49.2 feet) central services
30 metres (98.4 feet) on-site services
Minimum Front Yard
30 metres (98.4 feet)
Minimum Side Yard
30 metres (98.4 feet)
Minimum Rear Yard
30 metres (98.4 feet)
Maximum Lot Coverage
50 %
Maximum Height
11 metres (36.0 feet)
26B.3 OTHER REQUIREMENTS: C&D Materials Transfer Stations
In any CD-2 Zone, no development permit shall be issued for any C&D Materials
Transfer Stations except in conformity with the provision for such a use as contained
within the CD-1 Zone.
26B.4 OTHER REQUIREMENTS: C&D Materials Processing Facilities
No development permit shall be issued for C&D materials processing facility except
in compliance with the following provisions:
(a)
any building, structure or area used for processing shall meet the following
separation distances:
(i)
from any property line
60 metres (196.8 feet)
(ii)
from the nearest residential
dwelling or institutional use
90 metres (295.3 feet)
(iii)
from a watercourse
60 metres (196.8 feet)
(b)
notwithstanding Section 26B.4(a), where a building or structure is not to be
located within 250 metres of a residential or institutional use or building, the
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 111
building setback from any property line may be reduced to 10 metres (32.8
feet).
(a)
notwithstanding Section 26B.4(a), any C&D Materials Processing Facility
which is to be totally enclosed within a building (no outdoor storage of
material, product, processing area, or equipment) setback from any property
line may be reduced to 10 metres (32.8 feet).
26B.5 GENERAL REQUIREMENTS: C&D MATERIALS OPERATIONS
No development permit shall be issued for a C&D Materials Operation except in
compliance with the following provisions:
(a)
the operation complies with the general zone requirements as outlined in
Section 26A.4.
(b)
notwithstanding Sections 26B.2 to 26B.4, inclusive, more than one C&D
Materials operation is permitted on a site and each use shall be subject to the
applicable standards unless the uses are not clearly differentiated than the
more stringent requirements shall apply to the permitted uses.
26B.6 GENERAL REQUIREMENTS: SITE PLAN APPROVAL
C&D Materials Operations are subject to approval of a site plan. The Development
Officer shall approve a site plan for each use which deals with those matters outlined
in Section 26A.5.
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 112
PART 26C: CD-3 (C&D MATERIALS DISPOSAL SITES) ZONE
26C.1 CD-3 USES PERMITTED
No development permit shall be issued in any CD-3 (C&D Disposal) Zone except for
the following, pursuant to the Site Plan Approval process:
Construction and Demolition Materials Disposal Sites
All CD-2 zone uses
Uses Accessory to permitted uses
Accessory dwelling unit which are provided for the purposes of safety, security, or
maintenance.
26C.2 CD-3 ZONE REQUIREMENTS
In any CD-3 Zone, no development permit shall be issued except in conformity with
the following:
Minimum Lot Area
11,148 square metres (120,000 square feet)
Minimum Frontage
15 metres (49.2 feet) central services
30 metres (98.4 feet) on-site services
Minimum Front Yard
50 metres (164 feet)
Minimum Side Yard
50 metres (164 feet)
Minimum Rear Yard
50 metres (164 feet)
Maximum Lot Coverage
50 %
Maximum Height
11 metres (36.1 feet)
26C.3 OTHER REQUIREMENTS: CD-1 and CD-2 Zone Uses
In any CD-3 Zone, no development permit will be issued for any:
(a)
C&D Materials Processing Facility except in conformity with the provision for
such a use as contained within the CD-2 Zone; and
(b)
C&D Materials Transfer Station except in conformity with the provision for
such a use as contained within the CD-1 Zone.
26C.4 OTHER REQUIREMENTS: C&D Materials Disposal Sites
No development permit shall be issued for C&D disposal site except in compliance
with the following provisions:
(a)
no portion of the operation shall be located within 60 metres (196.8 feet) of any
side or rear property line abutting a residential or community facility use;
(b)
any building or structure used in conjunction with a disposal operation shall
meet the following separation distances:
(i)
from any property line
50 metres (164 feet)
(ii)
from the nearest residential
dwelling or institutional use
90 metres (295.3 feet)
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 113
(iii)
from a watercourse
60 metres (196.8 feet)
26C.5 GENERAL REQUIREMENTS: C&D Materials Operations
No development permit shall be issued for a C&D Materials Operation except in
compliance with the following provisions:
(a)
the operation complies with the general zone requirements as outlined in
Section 26A.4.
(b)
Notwithstanding Sections 26C.2 to 26C.4, inclusive, more than one C&D
Materials operation is permitted on a site and each use shall be subject to the
applicable standards unless the uses are integrated than the more stringent
requirements shall apply to the permitted uses.
26C.6 GENERAL REQUIREMENTS: Site Plan Approval
C&D Material Operations are subject to approval of a site plan. The Development Officer
shall approve a site plan for each use which deals with those matters as outlined in Section
26A.5.
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 114
PART 26D: ICH (INFRASTRUCTURE CHARGE HOLDING) ZONE
26D.1 ICH USES PERMITTED
No development permit shall be issued in any ICH Zone except on lots in existence on
the date of adoption (July 2, 2002) of this zone for the following:
Single Unit Dwellings
Shared housing use with 10 or fewer bedrooms in conjunction with a permitted
dwelling unit (RC-Aug 9/22;E-Sep 15/22)
Open Space Uses
26D.2 ICH ZONE REQUIREMENTS
In any ICH Zone, no development permit shall be issued except in conformity with
the requirements of the R-1 Zone. (RC-Jul 2/02, E-Aug 17/02)
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 115
PART 26E: BEDFORD WEST COMPREHENSIVE DEVELOPMENT DISTRICT
(BWCDD) ZONE
1)
No development permit shall be issued for a development with a Bedford West
Comprehensive Development District (BWCDD) Zone except in accordance with a
development agreement approved pursuant to policies contained in the Bedford West
Secondary Planning Strategy. (RC-Jun 20/06;E-Jul 29/06)
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 116
PART 26F: US (URBAN SETTLEMENT) ZONE (RC-Jun 25/14;E-Oct 18/14)
26F.1 US USES PERMITTED
No development permit shall be issued in any US (Urban Settlement) Zone except for
the following:
Single unit dwellings on existing lots
Shared housing use with 10 or fewer bedrooms in conjunction with a permitted
dwelling unit (RC-Aug 9/22;E-Sep 15/22)
Public parks and playgrounds
Uses accessory to the foregoing uses
26F.2 US ZONE REQUIREMENTS
In any US Zone, no development permit shall be issued except in conformity with the
following:
Minimum Frontage:
110m
Minimum Lot Area:
2ha
Minimum Front or Flankage Yard:
9.1m
Minimum Side Yard:
2.5m
Minimum Rear Yard:
2.5m
Maximum Lot Coverage:
35%
Maximum Height of Main Building:
11m
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 117
PART 26G: TR (TRANSPORTATION RESERVE) ZONE (RC-Jun 25/14;E-Oct 18/14)
26G.1 TR USES PERMITTED
No development permit shall be issued in any TR (Transportation Reserve) Zone
except for the following:
None
26G.2 OTHER REQUIREMENTS
No development permit shall be issued for any development abutting any TR
(Transportation Reserve) Zone except where the yard separating the development
from the zone boundary is equal to the minimum yard separating a development
from a street line, as required by this by-law.
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 118
PART 27:
ADMINISTRATION
27.1
ENFORCEMENT
This By-law shall be administered by the Development Officer.
27.2
SCOPE OF APPLICATION
(a)
Every application for a development permit shall be accompanied by plans, in
duplicate, drawn to an appropriate scale and showing:
(i)
the true shape and dimensions of the lot to be used, and upon which it is
proposed to erect any building or structure;
(ii)
the proposed location, height and dimensions of the building, structure, or
work in respect of which the application is being made;
(iii) the location of every building or structure already erected on or partly on the
lot, and the location of every building upon contiguous lots;
(vi) the proposed location and dimensions of parking spaces, loading spaces,
driveways, and landscaping areas; and
(v)
other such information as may be necessary to determine whether or not every
such building, or development, conforms with the requirements of this
By-law.
(b)
Where the Development Officer is unable to determine whether the proposed
development conforms to this By-law and other by-laws and regulations in force
which affect the proposed development, he may require that the plans submitted
under this section be based upon an actual survey by a Nova Scotia Land Surveyor.
27.3
SIGNATURE FOR APPLICATION
The application shall be signed by the registered owner of the lot or by the owner's agent,
duly authorized in writing and shall set forth in detail the current and proposed use of the
lot and each building or structure, or part of each building or structure, together with all
information necessary to determine whether or not every such proposed use of land,
building or structure conforms with the requirements of this By-law.
27.4
PENALTY
Any person who violates a provision of this By-law shall be subject to prosecution as
provided for under the Municipal Government Act.
27.5
DATE OF BY-LAW
This By-law shall take effect May 20, 2000
27.6
PUBLIC HEARING NOTIFICATION (Repealed: RC-Jun 20/23;E-Oct 13/23)
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 119
APPENDIX A:
EXISTING BUSINESS USES
Single Unit Dwelling (R-1) Zone
USE
LOCATION
LIC INDEX
NUMBER
Dominion Siding & Carpentry
Caribou Road
479477
Sportrait Studio
Reindeer Avenue
479642
L & J Plumbing
Caribou Road
479527
Walt's Electrical
Hammonds Plains Road
426668
Laurie Brewster Well Drilling
Fenerty Road
40167546
R.K. Whitman Foundation Forms
Stillwater Lake
426627
Sager's Patio Block and Foundation Form Rental
Operation
Stillwater Lake
426477
E. Eisenhauers' Used Cars
Springfield Lake Road
40380032
Two Unit Dwelling (R-2) Zone
USE
LOCATION
LIC INDEX
NUMBER
Charles Phillips
Patton Road
477208
James Fifield Cabinet and Woodworking
Operation
Patton Road
40166985
Rural Residential (R-6) Zone
USE
LOCATION
LIC
Rover Enterprises Auto Body Shop and
Warehouse
Kinsac Road
489336
A.G. Hall Builders and Acadia Masonry
Beaver Bank Road
468579
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 120
Hammonds Plains Commercial (C-5) Zone (RC-Feb 9/10;E-Apr 3/10)
USE
LOCATION
LIC
Tim Hortons Drive-In Restaurant
Hammonds Plains Road
421768
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 121
APPENDIX A-1: EXISTING SENIOR CITIZENS HOUSING USES (RC-Sep
12/23;E-Oct 10/23)
An Existing Senior Citizen Housing Use that was issued a development permit for Senior
Citizens Housing prior to First Reading of this Appendix may only be re-issued for that use
until May 23, 2026, and shall only be a permitted use for those properties listed below.
Any expansion or alteration of an Existing Senior Citizen Housing use may only be
considered if the number of dwelling units does not exceed the Total Number of Dwelling
Units listed for the property below.
USE
PID
Total Number of
Dwelling Units
Senior Citizens Housing
40531329
74
Senior Citizens Housing
41535998
(NWCC-Sep 08/25;E-
Sep 23/25)
266 (NWCC-Sep
08/25;E-Sep 23/25)
Senior Citizens Housing
41515677
74
Senior Citizens Housing
41517525
133 (NWCC-Sep
08/25;E-Sep 23/25)
Senior Citizens Housing
00346874
64 (NWCC-Dec
09/24;E-Dec 25/24)
Senior Citizens Housing
00423343
296
Senior Citizens Housing
00468447
424
Senior Citizens Housing
40118648
98
Senior Citizens Housing
40123614
92
Senior Citizens Housing
40161713
76
Senior Citizens Housing
41464512
64
Senior Citizens Housing
41521618
47
Senior Citizens Housing
41521626
46
Senior Citizens Housing
41521634
46
Senior Citizens Housing
41521642
34
Senior Citizens Housing
41521659
46
Senior Citizens Housing
41521667
46
Senior Citizens Housing
41522574
36
Senior Citizens Housing
41522590
8
Senior Citizens Housing
00423103
7
Senior Citizens Housing
00461137
8
Senior Citizens Housing
41233677
71
Senior Citizens Housing
41486309
4
Senior Citizens Housing
41100603
105
Senior Citizens Housing
41522566
98
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 122
APPENDIX B:
NON-CONFORMING USES
BEAVER BANK, HAMMONDS PLAINS AND UPPER SACKVILLE
Notwithstanding anything else in this By-law, the following use shall be considered to be a non-
conforming use to the extent that it shall not be permitted to recommence operations if
discontinued for a period of twelve (12) months:
USE
LOCATION
LIC
Woodlands Press
Mayflower Avenue
501965
Woodlands Press shall be permitted to expand to a maximum of 2,000 square feet in the existing
dwelling and/or a single accessory building provided that the minimum front yard for the accessory
building is fifty (50) feet, and provided that off-street parking is provided according to the
requirements of part 4.26.
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 123
APPENDIX C:
BEAVER BANK - DESCRIPTION
BEGINNING at a point on the Boundary line between Hants County and Halifax County said
point being at the intersection of the aforementioned boundary line and the eastern boundary line
of William Fultz et al Grant;
THENCE in a southerly direction along the eastern boundary of the William Fultz et al grant to
the southeastern corner thereof;
THENCE in a westerly direction along the southern boundary of the William Fultz et al grant to
the most westerly corner of the Michael McNaughton grant;
THENCE in a southeasterly direction along the southwestern boundary of the Michael
McNaughton grant to the to the northwest corner of the Ridgeway and McGorey grant;
THENCE in a southwesterly direction along the northwestern boundary of the George W. Blamey
grant to the southwest corner thereof;
THENCE in a southeasterly direction along the southwestern boundary of the George W. Blamey
grant to the northwest corner of the Owen Evans grant #9782;
THENCE in a southwesterly direction along the northwestern boundary of the Owen Evans grant
to the northwest corner of the William King grant #11217;
THENCE in a southwesterly direction along the northwestern boundary of the said William King
grant to the northeastern boundary of the H.F. Donaldson grant #20120;
THENCE in a northwesterly direction along the northeastern boundary of the said H.F. Donaldson
grant to the northwest corner thereof;
THENCE in a southwesterly direction along the northwest boundary of the said H.G. Donaldson
grant to the northeast boundary of the Samuel Gaston 500 acre grant;
THENCE by a straight line in a southerly direction to Crown Post HX 25 on the northwestern
shore of Golden Lake;
THENCE in a southwesterly direction along the northwestern shore of Golden Lake to the outlet
at the southern end of Golden Lake;
THENCE by a straight line in a southwesterly direction to Crown Post HX 12 on the western shore
of Kinsac (Long) Lake;
THENCE southerly through Kinsac Lake to a point where intersected by a prolongation of the
northwest boundary of Lot 5 of the Windsor Road Lots;
THENCE in a southwesterly direction along said prolongation and the northwest boundary of Lot
#5 of the Windsor Road lots to Grove Stillwater;
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 124
THENCE in a southerly direction following Groves Stillwater and a brook to Beaver Pond until it
intersects with the western boundary of the L.E. Black property (P.I.D. #40014268)
THENCE southerly along the western boundary of the L.E. Black Property (P.I.D. #40014268)
crossing the Beaver Bank/Windsor Junction Road to the Dominion Atlantic Railway;
THENCE following the centerline until Dominion Atlantic Railway in a generally northerly
direction until intersecting with the centre line of Beaver Bank Road;
THENCE southerly along the centreline of the Beaver Bank Road until reaching the intersection
of Millwood Drive;
THENCE southwesterly by the centreline of Millwood Drive to a point being the edge of the
Millwood Planned Unit Development;
THENCE northerly, westerly and northerly along the Millwood Planned Unit Development
Boundary until intersecting the Dominion Atlantic Railway;
THENCE following the centreline of the aforementioned D.A.R. Railway line in a general
northerly direction until striking the boundary line between Hants County and Halifax County;
THENCE following the course of the boundary line between Hants County and Halifax County in
a generally easterly direction to the point of beginning.
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 125
APPENDIX D:
C-5 ZONE SITE PLAN APPROVAL SUBMISSION
REQUIREMENTS (RC-Feb 9/10;E-Apr 3/10)
1.
An application for Site Plan Approval in the C-5 (Hammonds Plains Commercial)
Zone shall include the following:
(a)
dimensions and area of the site;
(b)
a site plan properly drawn to scale showing all information required by the C-
5 Zone;
(c)
description, area, and location of all proposed buildings and land uses;
(d)
each residential area indicating the number, size, and type dwelling units,
including an indication of the number of bedrooms in each unit;
(e)
the location and type of existing and proposed easements on and abutting the
site;
(f)
the location of existing and proposed septic systems, including any features
associated with such a system;
(g)
identification, location and gradients of all parking areas, including the
location and width of driveways, entrances and exits to parking areas,
manoeuvring areas for vehicles, service areas, visitor parking and loading
areas;
(h)
location, area, shape, landscaping and surface treatment of all public and
private open spaces, park areas, or amenity spaces;
(i)
plan(s) showing all proposed streets, walkways, sidewalks, paths, and bike
paths; and
(j)
any additional information related to the site, buildings, or abutting properties
as may be required by the Development Officer to determine if the proposal
conforms to the provisions of this By-law.
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 126
APPENDIX E: INTERIM BONUS ZONING REQUIREMENTS FOR
APPLICABLE PLAN AMENDMENT APPLICATIONS (RC-Mar 21/23;E-Apr
19/23)
Definitions
1.
For the purpose of Appendix E and Schedule J the following definitions shall apply:
(a)
ACCESSORY STRUCTURE means a structure that is:
(i)
subordinate, incidental, and devoted to a main use or structure, and
(ii)
not attached to any main building;
(b)
AFFORDABLE COMMUNITY OR CULTURAL INDOOR SPACE means
premises used for community and cultural purposes by a not-for-profit
organization or registered Canadian charitable organization, such as offices,
meeting rooms, recreational facilities, educational facilities, art and cultural
spaces, performance, rehearsal and exhibition spaces, galleries, daycare uses,
and other social services;
(c)
APPLICANT means any person, including an owner, applying for a
development permit, or development agreement;
(d)
APPRAISER means an individual who holds the Accredited Appraiser
(AACI) designation of the Appraisal Institute of Canada.
(e)
BUILDING means every continuous enclosed area with exterior walls on a lot
that:
(i)
is built, erected, and framed of a combination of materials,
(ii)
is either portable or fixed,
(iii)
has a roof,
(iv)
forms a structure for the shelter of persons, animals, or property, and
(v)
is located, in whole or in part, above or below grade;
(ea)
CERTIFICATE OF OCCUPANCY means an occupancy permit as issued
pursuant to B-201, the Building By-law, and the Nova Scotia Building Code
Act;(NWCC-Feb 20/24;E-Mar 6/24)
(f)
FLOOR AREA means the horizontal area of all floors of a building or a
parking structure, measured from the interior faces of any exterior wall or fire
wall and includes interior staircases, but excludes the following:
(i)
unenclosed space outside any exterior walls or located on a rooftop,
such as balconies and patios,
(ii)
any floor area below a ground floor of a building or parking structure,
(iii)
elevator shafts,
(iv)
accessory structures,
(v)
rooftop greenhouses,
(vi)
any space open to a floor below, and
(vii)
pedways;
(g)
GREENHOUSE means a structure constructed primarily of transparent
materials, for the protection and cultivation of plants, such as vegetables,
fruits, herbs, sprouts, ornamental plants, and flowers;
(h)
INCENTIVE OR BONUS ZONING means the requirements that permit the
relaxation of certain requirements if an applicant exceeds other requirements
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 127
or undertakes other action, in the public interest, as specified in the
requirements;
(i)
INCENTIVE OR BONUS ZONING AGREEMENT means a contract between
an owner and the Municipality that describes the public benefit to be provided
by the applicant in exchange for incentive or bonus zoning;
(j)
NOT-FOR-PROFIT ORGANIZATION MEANS:
(i)
a society incorporated pursuant to the Societies Act,R.S.N.S.1989 c.435,
as amended,
(ii)
a non-profit association incorporated pursuant to the Co-operative
Associations Act, R.S.N.S.1989 c. 98, as amended,
(iii)
a non-profit association to which the Co-operative Associations Act
applies,
(iv)
a not-for-profit corporation incorporated pursuant to the Canada Not-
for-profit Corporations Act, S.C. 2009, c. 23, or
(v)
a non-profit organization incorporated as a non-profit organization
pursuant to its own Act of the Nova Scotia Legislature;
(k)
PARKING STRUCTURE means a structure that contains motor vehicle
parking spaces on one or more levels, including on an open rooftop, but
excluding any garage associated with a low-density dwelling use;
(l)
PEDWAY means an elevated enclosed walkway that connects two or more
buildings and is used exclusively for pedestrian traffic;
(m)
PREMISES means a structure or portions of a structure occupied by a use;
(n)
PROFESSIONAL ARTIST means an artist who:
(i)
has proven, specialized training in an artistic field,
(ii)
is recognized as a professional by their peers who are working in the
same artistic tradition, and
(iii) has a history of public presentation or publication;
(o)
PUBLIC ART means a permanent work of art planned and executed by a
professional artist in any medium, material, media, or combination thereof,
but excludes any corporate insignia;
(p)
REGISTERED CANADIAN CHARITABLE ORGANIZATION means a
charitable organization registered pursuant to the Income Tax Act (Canada)
and the regulations made pursuant to that Act;
(q)
REGISTERED HERITAGE BUILDING means a building on a registered
heritage property that:
(i)
has been registered pursuant to the Heritage Property Act, and
(ii)
contributes to the character-defining elements on the registered
heritage property; and
(r)
REGISTERED HERITAGE PROPERTY means an area of land that is a
registered heritage property pursuant to the Heritage Property Act.
Requirement to Provide a Public Benefit for Bonus Zoning
1.
In accordance with the Regional Municipal Planning Strategy Policies G-16A to G-
16G but subject to Section 3, incentive or bonus zoning shall be required for
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 128
developments identified on Schedule J: Lands Subject to Interim Bonus Zoning
Requirements.
3.
Incentive or bonus zoning shall not be required for developments identified on
Schedule J if the Development Officer is satisfied that:
(a)
upon the date of application for a development permit, the applicant for the
development permit is a registered not-for-profit organization or registered
Canadian charitable organization, and have been registered for at least 1 year
prior to the date the complete application is received by the Municipality;
(b)
the provision of affordable housing is included in the mandate or programs
and activities of the registered not-for-profit organization or the registered
Canadian charitable organization;
(c)
a minimum of 60% of the development is for housing; and
(d)
the property that is the subject of the application is solely owned by one or
a combination of the following:
(i)
the applicant,
(ii)
the Municipality,
(iii)
the Provincial Government,
(iv)
the Federal Government, or
(v)
an agent of the Provincial or Federal Government.
4.
For any development agreement or development as specified in Section 8, the
Development Officer may require the applicant to enter into an incentive or bonus
zoning agreement.
5.
Subject to section 3, no development permit shall be issued where an incentive or
bonus zoning agreement is required, until the incentive or bonus zoning agreement is
executed by all parties and filed in the Provincial Land Registration Office.
(b)
Deleted (NWCC-Feb 20/24;E-Mar 6/24)
5A.
Subject to section 3, no certificate of occupancy shall be issued until the full amount
of the money-in-lieu is paid to the Municipality or as specified in the applicable
development agreement. (NWCC-Feb 20/24;E-Mar 6/24)
Public Benefit Value
6.
(1)
Where an applicant is required to provide incentive or bonus zoning, the
value of the public benefits shall be determined in accordance with Section 7
or Section 8.
(2)
The applicant shall submit a public benefit value calculation with their
application for a development permit, in a format acceptable to the
Development Officer.
7.
Except for lands that are greater than 10 hectares under section 8, the minimum
required public benefit value shall be calculated by multiplying Factor #1 by Factor
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 129
#2, and then multiplying the product by Factor #3, where:
(a)
Factor #1 is the new floor area in square metres that exceeds 2,000 square
metres;
(b)
Factor #2 is 0.20; and
(c)
Factor #3 is the bonus zoning rate, in dollars per square metre, as specified in
Section 11.
8.
(1)
For lands that are greater than 10 hectares that are developed by development
agreement, the public benefit shall be determined based on the appraised
market value of the site once the proposed plan amendment and associated
development agreement is approved by Council, and then multiplied by a
coefficient of 0.12.
(2)
The appraised market value is not the market value of the completed project,
but the value that the applicant could expect to receive if they sold the site with
the development agreement in place.
(3)
Any appraisal under this section shall be completed by an appraiser that is
hired by the Municipality.
(4)
The cost of any appraisal shall be paid for by the applicant.
(5)
The terms of reference for the appraisal shall be determined solely by the
Municipality.
(6)
Where the Municipality or applicant disagrees with the appraised value
determined in the appraisal, the disagreeing party may, at the applicant's
expense, have a second appraisal done, and the appraisal is subject to the same
terms of reference as the initial appraisal.
9.
The appraised market value for the purposes of the public benefit value is:
(a)
where there is one appraisal, the monetary value of the land from that
appraisal; or
(b)
where there are two appraisals, the average monetary values of the land
from the two appraisals.
Deadline to Complete Public Benefit
10.
Any required public benefit shall be completed by the applicant prior to certificate of
occupancy being issued or as specified in the applicable development
agreement(NWCC-Feb 20/24;E-Mar 6/24)
(a)
Repealed (NWCC-Feb 20/24;E-Mar 6/24)
(b)
Repealed (NWCC-Feb 20/24;E-Mar 6/24)
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 130
Bonus Zoning Rate
11.
The bonus zoning rate for the area identified on Schedule J is $156/ square metre,
as of April 2022 and shall be adjusted in accordance with Sections 12, 13, and 14.
Bonus Zoning Rate Adjustments
12.
(1)
The bonus zoning rate specified Section 11 shall be adjusted annually
on April 1st in accordance with changes to the Halifax All-Items Consumer
Price Index released by Statistics Canada.
(2)
The bonus zoning rate shall be adjusted using the method specified as
follows:
Step 1: The percentage change in the Halifax All-Items Consumer Price Index
(CPI) shall be determined by
(a)
using the formula:
(A/B x 100) minus 100 = percentage change in CPI
(b)
where:
(i)
"A" is the previous year's Halifax All-Items Consumer
Price Index, and
(ii)
"B" is the Halifax All-Items Consumer Price Index for
the base year in which this Appendix was adopted, or
the year where the bonus zoning rate was last updated
through a formal rate update by a trained valuation
professional, whichever is later.
Step 2: The percentage change in CPI determined under Step 1 shall then be
multiplied by the bonus zoning rate under Section 11.
Step 3: The product of Step 2 shall then be added to the bonus zoning rate,
with the resulting sum becoming the new bonus zoning rate for the
current bonus rate year.
13.
If the Halifax All-Items Consumer Price Index declines or remains unchanged in a
given year, there shall be no change in the bonus zoning rate for that year.
14.
(1)
The bonus zoning rate for the calculation of the required public benefit value
shall be the bonus zoning rate at the time a complete application for a
development permit is received by the Municipality.
(2)
Where the development permit expires and an application for a new
development permit is made for the same development, the value of the public
benefit shall be the difference between the bonus zoning rate at the time the
new complete application is received and the bonus zoning rate previously
paid.
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 131
Public Benefit: Money-in-Lieu for Affordable Housing
15.
(1)
A minimum of 60% of the required public benefit shall be in the form of
money-in-lieu for affordable housing.
(2)
Money-in-lieu accepted for affordable housing shall be required to be used
within the Municipality for:
(a)
the rehabilitation of existing affordable housing units, including
building assessments, provided by a not-for-profit organization or
registered Canadian charitable organization;
(b)
the acquisition of buildings, housing units, or properties for
affordable housing;
(c)
the creation of new affordable housing units by a not-for-profit
organization or registered Canadian charitable organization;
(d)
a housing agreement permitted in Clause 73(b) of the Halifax Regional
Municipality Charter; or
(e)
any combination of Clauses (a) to (d).
Public Benefit Categories
16.
The remaining required public benefits shall be in the form of one or a
combination of the following public benefits:
(a)
additional money-in-lieu for affordable housing;
(b)
the conservation of a registered heritage building, or a building within a
heritage conservation district, that is located on the site of the development;
(c)
money-in-lieu for the conservation of a registered heritage building; or
(d)
the conservation of a building located within a heritage conservation district;
(e)
money-in-lieu for the acquisition or improvement of municipal parks;
(f)
money-in-lieu for affordable community or cultural indoor space;
(g)
money-in-lieu for public art; or
(h)
public art on the site of the development.
Public Benefit: Conservation of Registered Heritage Buildings or a Building within a
Heritage Conservation District
17.
(1)
Notwithstanding Sections 15 and 16, on registered heritage property or on
a property within a heritage conservation district, 90% of the public benefit
shall be allocated to the conservation of:
(a)
a registered heritage building that is on the site of the development; or
(b)
a building within a heritage conservation district that is on the site of
the development.
(2)
The remaining 10% of the public benefit shall be in the form of money-in-lieu
for affordable housing.
18.
The applicant shall register a waiver in title of the property that, without the approval
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 132
of the Municipality, the registered heritage property or the property within a heritage
conversation district shall not be altered or demolished under Section 18 of the
Heritage Property Act.
Public Benefit Requirement: On-Site Public Art
19.
Where the required public benefit includes public art under Clause 16(h), the public
art shall:
(a)
be located on the site of the development, and allow direct public access or
viewing of the public art;
(b)
be designed by a professional artist; and
(c)
have a minimum cost of $100,000.
20.
The following items shall not qualify as public art under Clause 16(h):
(a)
interpretive, wayfinding, or other functional signage;
(b)
branding or promotional projects;
(c)
plaques and supporting infrastructure;
(d)
stock and mass-produced items;
(e)
memorials, where:
(i)
the memorial commemorates a single individual not previously
approved through the Municipality's Commemorative Asset Naming
Program,
(ii)
the memorial has not been designed and created by a professional artist,
or
(iii)
the primary component or element of design involves benches, picnic
tables, playgrounds or other park infrastructure, trees, or other
ornamental landscape elements; or
(f)
landscape design, landscape gardens, or any garden features including
fountains, garden furnishings, or other infrastructure, unless those elements
have been conceived of by a professional artist independently or in
collaboration with other design professionals and are an integral component
of an artwork.
Incentive or Bonus Zoning Agreement
21.
An incentive or bonus zoning agreement required by a Development Officer shall
contain terms respecting:
(a)
the identification of the development site;
(b)
design drawings, provided by the applicant, for any required or provided
public benefit;
(c)
where required by the Development Officer, detailed construction
drawings, site plans, specifications, cost estimates, or appraisals prepared
by an appraiser for any required or provided public benefit;
(d)
the identification of any conditions required by the Municipality before the
public benefit is accepted;
(e)
where required, provisions for the auditing and reporting of public benefits;
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 133
and
(f)
any other terms or conditions the Development Officer requires.
22.
An incentive or bonus zoning agreement shall be signed by the owner.
23.
Subject to Sections 24 and 25, and in accordance with Section 31A of the Charter,
Council delegates to the Development Officer the authority to:
(a)
enter into an incentive or bonus zoning agreement, or an amendment to an
incentive or bonus zoning agreement, on behalf of the Municipality;
(b)
discharge an incentive or bonus zoning agreement, in whole or in part, in
accordance with the terms of the incentive or bonus zoning agreement or
with the concurrence of the property owner, and
(c)
sign the discharge, including a discharge agreement, on behalf of the
Municipality.
24.
In accordance with Subsection 31A(5) of the Charter, where an incentive or bonus
zoning agreement entered into by the Development Officer commits the
Municipality to any expenditure, the agreement has no force or effect until
approved by Council.
25.
In accordance with Subsection 31A(4) of the Charter, an incentive or bonus zoning
agreement entered into by the Development Officer, or an amendment to such an
agreement, shall be signed by the Mayor and the Municipal Clerk on behalf of the
Municipality.
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 134
SCHEDULE F:
AREAS OF ELEVATED ARCHAEOLOGICAL POTENTIAL (RC-
Jun 25/14;E-Oct 18/14)
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 135
SCHEDULE G:
WETLANDS (RC-Jun 25/14;E-Oct 18/14)
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 136
SCHEDULE H:
WIND ENERGY ZONING (RC-Jun 25/14;E-Oct 18/14)
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 137
SCHEDULE I:
INDIGO SHORES SPECIAL PLANNING AREA (Special Area
Task Force-Apr 21/22;E-May 20/22)
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 138
SCHEDULE J:
LANDS SUBJECT TO INTERIM BONUS ZONING
REQUIREMENTS (RC-Mar 21/23;E-Apr 19/23)
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 139
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 140
SCHEDULE K - 1-IN-100-YEAR FLOOD ELEVATION MARKERS (RC-
Apr29/25;E-May26/25)
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 141
SCHEDULE L: LANDS SUBJECT TO PROVISION 7B.3 (PID 00468694) (RC-Dec
11/25;E-Feb 2/26)
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 142
LAND USE BY-LAW
AMENDMENTS - BEAVER BANK,
HAMMONDS PLAINS, UPPER SACKVILLE
Amendmen
t Number
Policies/Maps
Subject
Council
Adoption
Effective Date
1
Request by Annapolis Basin
Limited to enter into a development
agreement to allow for high
intensity residential uses (two units,
townhouses and small scale
multiple dwellings) serviced by
oversized on-site sewage system on
Blocks A through D within the
Glen Arbour Integrated Golf
Course and residential community;
adding Map 2 Zoning Glen Arbour
and adding to the AList of Maps@.
Case No. 00071
C - June 25, 2001
E - June 27, 2001
2
Application by Steve Fairbairn to
amend the MPS for Beaver Bank,
Hammonds Plains and Upper
Sackville to allow a commercial
entertainment use at 991 Beaver
Bank Windsor Junction Cross Road
(Amend Part 3.6 (a); and delete
Part 3.6 (c)).
Case No. 00404
C - March 26, 2002
E - April 25, 2002
3
Amended by adding Capital Cost
Contribution: Section 3.1 - add
AInfrastructure Charge Zone@; add
Part 26D.
Project No.
00423
C - July 2, 2002
E - August 17, 2002
4
Amended to include Construction
& Demolition Waste by adding
Section 2.14A, 2.14B, 2.14C,
2.14D, 2.76A; replacing 2.61, 2.68;
adding new zones to Section 3.1;
replacing Section 4.18a and b; Part
26A, 26B, and 26C; amend Section
15.1.
Project No.
00082
C - September 10,
2002
E - November 9,
2002
5
Amended Part 3.6(a) (expansion of
the mobile home park or permit
innovative forms of housing or
design); amended Part 12.1 (adding
Mobile Home Parks)
Case No. 00398
C - July 8, 2003
E - August 16, 2003
6
Amend Part 4.12 by adding
subsection (c) regarding height of
accessory buildings.
Case No. 00444
C - August 25, 2003
E - August 30, 2003
7
Add Part 2.12(a)-definition of
cemetery; add Part 4.6(c) reduced
frontage or area (cemeteries).
Case No. 00499
NWCC - December
18, 2003
E - January 11,
2004
8
Project No. 00664
C - April 13, 2004
E - April 22, 2004
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 143
Add Part 4.1A under Development
Permits re: Interim Growth
Management.
9
Add Part 11.8 - Exemption:
Existing Semi-Detached
Dwellings; Part 4.6 - .
Case No. 00611
C - September 30,
2004
E - October 2, 2004
10
Zoning Map 1E was amended by
rezoning PID #00421743 to MR-1
Zone from CDD Zone.
Case No. 00700
C - March 21, 2005
E - March 26, 2005
11
Zoning Map 1C was amended by
rezoning 740 Beaver Bank
Windsor Junction Cross Road from
MU-1 (Mixed Use) Zone to I-1
(Mixed Industrial) Zone.
Case No. 00767
C - March 9, 2006
E - March 24, 2006
12
Zoning Map 1E was amended by
rezoning PID #41165275 from
MU-1 (Mixed Use) Zone to C-2
(General Business) Zone.
Case No. 00813
C - March 27, 2006
E - April 14, 2006
13
Zoning Map 1E was amended by
rezoning 2120 Hammonds Plains
Road, PID 41090572 from MU-1
to C04 Zone.
Case No. 00826
C - April 24, 2006
E - May 12, 2006
14
Amended by inserting Part 26:
Bedford West Comprehensive
Development District (BWCDD)
Zone; Zoning map amended to
include Bedford West.
Case No. 00382
C - June 20, 2006
E - July 9, 2006
15
Amendments regarding the
Regional Plan
Regional Plan
C - June 27, 2006
E - August 26, 2006
16
Replace Section 2.73 - definition of
sign; and Add Section 5.1A -
Temporary Signage
Project No. 00327
C - September 26,
2006
E - November 18,
2006
17
Replace Section 2.72 - definition of
Service Station.
Case No. 00925
NW/WR/MDVC -
October 26, 2006
E - November 18,
2006
18
Amend Section 24.1, Replace
Section 24.2 and Add Sections 24.3
and 24.4; Amend Zoning map to
rezone Hartland Dev Ltd and
Melvin Tract Society from P-4
zone to PWS Zone.
Case No. 00969
WRCC - December
18, 2006
E - January 6, 2007
19
Amend Zoning Map 1C to rezone
439 Beaver Bank Road from MU-1
to C-4 Zone and 550 Beaver Bank
Road from R-6 to R-1 Zone.
Case Nos. 00919
and 00958.
MDVCCC - May 30,
2007
E - June 16, 2007
20
Amend Zoning Map to rezone area
in Westwood Hills, Tantallon, from
MU-1 to R-1 Zone.
Case No. 01069
WRCC - January 7,
2008
E - January 26,
2008
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 144
21
Amend Section 4.26: Medical
clinics and offices of any health
practitioner.
Case No. 01119
C - August 5, 2008
E - August 23, 2008
22
Amend the Zoning Map 1E to
rezone PID #40806861 (corner of
Hammonds Plains Road and Glen
Arbour Way) from MU-1 to C-4
Zone.
Case No. 01117
WRCC - August 25,
2008
E - September 13,
2008
23
Amend Part 3, Subsection 3.6(a),
re: kennels considered by da.
Case No. 01076
RC - September 16,
2008
E - October 4, 2008
24
Amend Part 4.13 re: Temporary
Construction Uses Permitted
Case No. 01058
RC - January 20,
2009
E - February 7,
2009
25
Amend Part 2.17 re: Day Care
Facility
Case No. 01074
RC - March 3, 2009
E - March 21, 2009
26
Amend the Zoning Map 1C to
rezone PID #s 40871626 and
00500959 from MU-1 to CDD
Zone
Case No. 00898
MDVCCC - March
5, 2009
E - March 28, 2009
27
Amend Zoning Map 1E to rezone
PID #41185133 (intersection of
Hammonds Plains Road and
Gatehouse Run) from MU-1 to C-4
Zone
Case No. 01197
WRCC - June 22,
2009
E - July 11, 2009
28
Amend Subsection 6.4(e); 6.5(c);
7.6(e); 7.7(c); 8.4(e); and 8.5(c) re:
business signs
Case No. 01201
RC - June 30, 2009
E - September 5,
2009
29
Amend Section 3.1, 4.4, 4.12,
Appendix A and Map 1E, and add
Section 5.10, 17A and Appendix D
to include the Hammonds Plains
Commercial Zone.
Case No. 01186
RC - February 9,
2010
E - April 3, 2010
30
Amend Zoning Map (1-D): to
allocate areas in Westwood Hills
Subdivision, Upper Tantallon, to
Planning Districts 1 and 3; and
Amend Schedules F and G to
reflect same changes.
Case No. 15894
RC - June 21, 2011
E - September 3,
2011
31
Add Part 7A: R-1B Zone; Amend
Zoning Map 1C to rezone
Monarch/Rivendale lands to R-1B
Case No. 16423
RC - September 13,
2011
E - October 29,
2011
32
Deleted the word "windmills" in
Section 4.17; Added Section 4.32
Wind Energy Facilities in Part 4:
General Provisions for all Zones;
Add Schedule H - Wind Energy
Map
Project No. 00953
RC - August 16,
2011
E - October 29,
2011
33
Amend Part 4, Section 32 IV by
adding b) and c) after a): Wind
Energy Facilities.
Project No. 00953
RC - October 18,
2011
E - October 29,
2011
34
Amend Maps 1C and 1E by
Case No. 16892
NWCC - July 5,
E - July 21, 2012
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 145
rezoning portions of the
Waterstone Subdivision from MU-
1 to R-6 Zone.
2012
35
Amend Part 3, Subsection 3.6(a);
Added Part 3, Subsection 3.6(d) -
40 Sandy Lake Road.
Case No. 17531
RC - March 5, 2013
E - April 20, 2013
36
Maps 1B and 1C are amended by
rezoning portions of the McCabe
Lake North lands
Case No. 18704
NWCC - June 14,
2014
E - July 5, 2014
37
Repeal/Readopt Section 2.14A,
2.60, 2.77; parts of 3.1, 3.6; 4.1B,
4.18, 4.30, 4.31, 4.32; Part 23, 24,
26F, 26G; Schedules 1-A, 1-B, 1-
C, 1-D, 1-E, F, G, H; Add Section
2.9A, 2.76B; 4.33; Amend parts of
Section 3.6; 4.18; Part 25, Schedule
1-E, F, G, H.
RP+5
RC-June 25, 2014
E-October 18, 2014
38
Amend the zoning map, Schedule
1E, by removing the MU-1 Zone
from, and applying the C-4 Zone to
PID 41127564 and a portion of PID
41351669, Voyageur Way and
Hammonds Plains Road,
Hammonds Plains.
Case No. 19111
NWCC - Oct 20,
2014
E-November
8,
2014
39
Amend the zoning map - Rezone
2074, 2090 and 2092 Hammonds
Plains Road from I-1, P-2 and MU-
1 Zone to C-4 Zone.
Case 19172
NWCC - July 20,
2015
E-August 8, 2015
40
Amend Section 16.1 - C-2 Uses
Permitted; Add Section 16.7.
Case 19627
RC-April 26, 2016
E-June 25, 2016
41
Amend Section 11.8(a) - Deleting
the date "May 13, 2004" and
replacing it with "January 1, 2013"
Case 20603
NWCC - January 9,
2017
E - January 28,
2017
42
Add 4.6(d) - Reduced Frontage or
Area
25 Acre Lots
RC - January 10,
2017
E - February 25,
2017
43
Amend the zoning map - 65
Halfway Lake Drive, Hammonds
Plains, from R-1 to the R-1A
Case 21564
HEMDCC -
September 10, 2018
E - September 29,
2018
44
Add multiple amendments re.
cannabis related uses
Case 21331
RC - September 18,
2018
E - November 3,
2018
45
Add Definitions, 2.76.5 -
Backyard Suite, Secondary Suite;
Part 4.12A - Secondary Suites and
Backyard Suites; Amend Section
4.4 - One Dwelling on a Lot.
Case 21162 -
Secondary /
Backyard Suites
RC - September 1,
2020
E - November 7,
2020
46
Add definition 2.68; add "School
Bus Yard" to Section 13.1 & add
section 13.9.1 to Part 13 MU-1
Case 23111
NWCC - June 14,
2021
E - July 3, 2021
47
Amend - Schedule 1-C, PID:
41043597 from I-1 to MU-1
Case 20110
NWCC - December
13, 2021
E - January 1, 2022
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 146
48
Amended Part 2 and Part 4 to add
definitions and stipulations for
Accessory Hen Use
Case 22227
RC - October 5,
2021
E - January 8, 2022
49
Added Schedule I: Indigo Shores
Special Plan Area; Amended
Section 3.6 - Other Uses
Considered by Development
Agreement
Special Planning
Area - Indigo
Shores (21639)
Special Area Task
Force - May 11,
2022
E - May 20, 2022
50
Amended Part 2, Definitions -
2.33; Part 3, Zones and Zoning
Maps - Clause 3.6(a); Part 4,
General Provisions for all Zones -
4.26(a), 4.26(b), 4.32 I(a); Part 6,
R-1 Zone - 6.1, 6.10; Part 7, R-1A
Zone - 7.1; Part 7A, R-1B Zone -
7A.1; Part 8, R-2 Zone - 8.1; Part
9, R-3 Zone - 9.1; Part 11, R-6
Zone - 11.1; Part 12, R-8 Zone -
12.1; Part 13, MU-1 Zone - 13.1;
Part 16, C-2 Zone - 16.1; Part 19,
I-1 Zone - 19.1; Part 21, MR-1
Zone - 21.1; Part 22, P-2 Zone -
22.1, 22.4, 22.5; Part 26, CDD
Zone - 26.1; Par 26D, ICH Zone -
26D.1; Part 26F, US Zone - 26F.1
Deleted Part 2, Definitions - 2.8,
2.62
Added Part 2, Definitions - 2.72A,
2.72B; Part 3, Zones and Zoning
Maps - Clause 3.6(e)
Case RP16-16
(Shared Housing)
RC-August 9, 2022
E-September 15,
2022
51
Amend Clause 2.20(d); Clause
3.6(a); CDD(i); Section 4.33;
Section 6.1, Section 9.1, Section
11.1, Section 13.1; Section 14.1;
Section 21.1; Section 24.1, 24.2
Added Section 3.8
Case 22257
(Regional Plan -
Phase 3)
RC - October 11,
2022
E - November 16,
2022
52
Amend: Section 3.6
Repeal and replace: Repeal
Subsection 15.1 - 15.9 and insert
new 15.1 - 15.11
Case 23617
RC - January 10,
2023
E - February 3,
2023
53
Added: Part 7B
Amend: Zoning Map 1C
Case 24045
RC - January 24,
2023
E - February 22,
2023
54
Added Appendix E - Interim
Bonus Zoning Requirements for
Applicable Plan Amendments;
Schedule J - Lands Subject to
Interim Bonus Zoning
Requirements
Case 24063
RC - March 21, 2023
E - April 19, 2023
55
Added Part 2, Clauses 2.72C,
2.72D; Part 4, Clauses 4.1D, 4.1E,
Section 4.35 - Short Term Rentals
Amended Part 4, Section 4.26; Part
6, Section 6.1; Part 7, Section 7.1;
Part 8, Section 8.1; Part 13, Section
13.1; Part 17, Section 17.1; Part 26,
Section 26.1
Case 24526 (Short
Term Rentals)
RC - February 21,
2023
E - September 1,
2023
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 147
Deleted Part 2, Clause 2.7; Part 6,
Section 6.6; Part 7, Section 7.4;
Part 7A, Section 7A.7; Part 8,
Section 8.6
56
Amended Part 4, Section 4.26; Part
7B, Section 7B.1; Part 13, Section
13.1
Deleted Part 2, Definitions, Section
2.69
Case 24528
(Shared Housing
Housekeeping
Amendments)
RC - August 22,
2023
E - September 28,
2023
57
Added Part 2, Definitions, Section
2.25A (Existing Seniors Citizens
Housing); Appendix A-1
Amended Part 4, Section 4.9; Part
13, Section 13.1; Part 14, Section
14.1
Case 24528
(Shared Housing
Housekeeping
Amendments -
Senior Citizens
Housing)
RC - September 12,
2023
E - October 10,
2023
58
Repealed Part 27, Section 27.6
Case 2023-002
(Public
Participation)
RC - June 20, 2023
E - October 13,
2023
59
Added Section 1(ea); Section 5A.
Amended Subsection 10
Repealed/Deleted Section 3(b);
Subsection 10(a)(b)
Case 2023-01049
NWCC - Feb 20,
2024
E - March 6, 2024
60
Added: Part 2, section 2.76.7, Part
4, section 4.12 (d)
Amended: Part 4, clause 4.12(a)
subclause (iv) & (v) | Part 4, clause
4.12 A(b) subclause (iv), (vi),
(viii), & (ix) | Part 4, clause 4.26(a)
| Part 6, section 6.1 | Part 7, section
7.1 | Part 7A, section 7A.1 | Part 8,
section 8.1 | Part 9, section 9.1 |
Part 11, section 11.1 | Part 13,
section 13.1
Repealed: Part 4, clause 4.12(c)
MINORREV -
2023-01065
Housing
Accelerator Fund
(HAF)
RC - May 23, 2024
E - June 13, 2024
61
Amend: Zoning Map - Schedule 1-
C. Rezone 749 Windgate Dr. from
MU-1 to I-1
PLANAPP 2024-
00177
NWCC - July 15,
2024
E - July 31, 2024
62
Amend: Appendix A-1: Existing
Senior Citizen Housing Uses; PID:
00346874 from 57 to 64Dwelling
units
PLANAPP 2024-
00385
NWCC - December
9, 2024
E - December 25,
2024
63
Added: Part 3, Section 3.6 (j)
PLANAPP 2023-
00304
RC - March 25, 2025
E - April 29, 2025
64
Amend: Part 2.26A 7 B, Part 3.1
& 3.6, Part 3.9 7 & 3.10, 4.9A,
PART 4.36, PART 25, 25.1, PART
26A, Schedules 1-B and 1-C
Zoning
Add: Section 25.7, PART 25A,
PART 25B, Schedule K
Repealed: Part 25.4, 25.6
Case 21402 -
Update to the
Development
Controls along the
Sackville and
Little Sackville
River Floodplains
RC - April 29, 2025
E - May 26, 2025
65
Amend: Appendix A-1
PLANAPP 2024-
01253
NWCC - September
8, 2025
E - September 23,
2025
Beaver Bank, Hammonds Plains and Upper Sackville LUB
Page 148
66
Amend: Schedule 1-C
PLANAPP 2025-
01190
NWCC - October 6,
2025
E - October 21,
2025
67
Amend: Table of contents, Part 2 -
Section 2.9, Part 3 - Subsection 3.6
(i), Part 4 - Section 4.12, Section
4.12A, Section 4.14, Section 1.26,
subclause (b)(vi)(1) in Section 4.32
II, Part 7B.3
Add: Part 2 - 2.72B(a), Part 4 -
Section 4.12AA, Section 4.13 (ab),
Section 4.26 (c), Section 4.37,
Schedule L
MINORREV
2025-02922
RC - December 11,
2025
E - February 2,
2026