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LAND USE BY-LAW
SACKVILLE DRIVE
THIS COPY IS A
REPRINT OF THE
SACKVILLE DRIVE
LAND USE BY-LAW
WITH AMENDMENTS TO
OCTOBER 01, 2026
LAND USE BY-LAW
FOR
SACKVILLE DRIVE
THIS IS TO CERTIFY that this is a true copy of the Land Use
By-law for Sackville Drive which was passed by a majority vote of the
Halifax Regional Municipality on the 7th day of May, 2002, and approved
by the Minister of Municipal Affairs on the 24th day of June, 2002, which
includes all amendments thereto which have been adopted by the Halifax
Regional Municipality and are in effect as of 1ST day of October, 2026.
GIVEN UNDER THE HAND of the Municipal Clerk and
under the seal of Halifax Regional Municipality this day of
_____________________, 20___.
Municipal Clerk
Table of Contents
PART 1:
TITLE ........................................................................................................................ 1
PART 2:
DEFINITIONS .......................................................................................................... 1
PART 3:
ADMINISTRATION ............................................................................................... 15
GENERAL ............................................................................................................... 15
DEVELOPMENT PERMIT .................................................................................... 15
DEVELOPMENT PERMIT REQUIREMENTS .................................................... 16
LICENCES, PERMITS, AND COMPLIANCE WITH OTHER BY-LAWS ......... 16
PART 4:
ZONES & ZONING MAP ...................................................................................... 17
ZONES .................................................................................................................... 17
INTERPRETATION OF ZONING BOUNDARIES .............................................. 17
ZONES NOT ON MAPS ........................................................................................ 18
USES PERMITTED ................................................................................................ 18
INTERPRETATION OF 1-in-100 FLOOD ELEVATION (RC-Apr 29/25;E-
May 26/25) .............................................................................................................. 18
HYDROTECHNICAL STUDIES (RC-Apr 29/25;E-May 26/25) ..................... 18
PART 5:
USES PERMITTED BY DEVELOPMENT AGREEMENT ................................. 19
PART 6:
GENERAL PROVISIONS FOR ALL ZONES ....................................................... 21
PART 7:
GENERAL STREETSCAPE DESIGN ................................................................... 36
SIGNAGE ................................................................................................................ 36
ARCHITECTURE ................................................................................................... 40
PARKING LOTS, DRIVEWAYS AND LOADING AREA .................................. 44
LANDSCAPING ..................................................................................................... 52
PART 8:
LARGE SCALE COMMERCIAL (LS) ZONE ...................................................... 55
PART 9:
DOWNSVIEW COMPLEX-1 (DC-1) ZONE ........................................................ 58
PART 10:
DOWNSVIEW COMPLEX-2 (DC-2) ZONE ........................................................ 61
PART 11:
DOWNSVIEW COMPLEX-3 (DC-3) ZONE ........................................................ 64
PART 12:
PEDESTRIAN RETAIL (PR) ZONE ..................................................................... 68
PART 13:
ACADIA VILLAGE CENTRE (VC) ZONE .......................................................... 72
PART 14:
PINEHILL/COBEQUID (PC) ZONE ..................................................................... 74
PART 15:
OUTDOOR DISPLAY COURT (ODC) ZONE ..................................................... 78
PART 16:
COMMUNITY PARKLAND AND FACILITY (CP) ZONE ................................ 78
PART 17:
1994 P-3 (FLOOD PLAIN) ZONE (RC-Apr 29/25;E-May 26/25) ...................... 79
PART 17A: 2024 FWO (FLOODWAY OVERLAY) ZONE (RC-Apr 29/25;E-May 26/25)
....................................................................................................................................................... 81
PART 17B
2024 FFO (Flood Fringe Overlay) Zone (RC-Apr 29/25;E-May 26/25) ........ 84
APPENDIX A: SITE PLAN APPROVAL SUBMISSION REQUIREMENTS .......................... 86
APPENDIX B: SACKVILLE DRIVE RECOMMENDED TREE SPECIES .............................. 87
APPENDIX C: EXISTING USES ................................................................................................ 88
APPENDIX D:
Interim Bonus Zoning Requirements for Applicable Plan Amendment
Applications (RC-Mar 21/23;E-Apr 19/23) .............................................................................. 89
SCHEDULE B: Sackville Drive Zoning Map .............................................................................. 99
(RC-Apr29/25;E-May26/25)......................................................................................................... 99
SCHEDULE D: Areas of Elevated Archaeological Potential (RC-Jun 25/14;E-Oct 18/14)...... 101
SCHEDULE E: Lands Subject to Interim Bonus Zoning Requirements (RC-Mar21/23;E-
Apr 19/23) .................................................................................................................................. 102
SCHEDULE E: Transition Area ................................................................................................. 104
Schedule K - 1-in-100-year Flood Elevation Markers (RC-Apr 29/25;E-May 26/25) ....... 105
Sackville Drive Land Use By-law
Page 1
PART 1:
TITLE
1.
This Bylaw shall be known and may be cited as the "Land Use Bylaw" for Sackville Drive.
PART 2:
DEFINITIONS
1.
In this by-law:
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 Bylaw.
ACCESSORY HEN USE means the keeping of hens as an accessory use to a permitted
residential use for the purposes of personal or household food supply, and not commercial
purposes (RC- Oct 05/21; E-Jan 08/22).
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 Bylaw.
Adult Entertainment Use means any premises or part thereof in which is provided services
appealing to or designed to appeal to erotic or sexual appetites or inclinations, and includes escort
services and massage parlors. When used in relation to adult entertainment use, the following
shall apply:
"To Provide" when used in relation to services includes to furnish, perform, solicit, or give
such services and "providing" and "provision" have corresponding meanings;
"Services" include activities, facilities, performances, exhibitions, viewing and encounters;
"Services designed to appeal to erotic or sexual appetites or inclination" includes,
-
Services of which a principal feature or characteristic is the nudity or partial nudity
of any person. For the purposes of this clause "partial nudity" shall mean less than
completely and opaquely covered:
- human genitals or human pubic region;
- human buttocks; or
- female breast below a point immediately above the top of the areola.
-
Services in respect of which the word "nude", "naked", "topless", "bottomless",
"sexy", or any other word or any picture, symbol or representation having like
meaning or implication is used in any advertisement.
All Age/Teen Club means an establishment with programs directed towards teens but
includes all ages and is primary a dance or social club licensed and regulated by the Province
of Nova Scotia pursuant to the Theatre and Amusement Act and regulations made thereto
and does not include the licensed sale of alcoholic beverages. (NWCC-May 26/05;E-May
28/05)
Sackville Drive Land Use By-law
Page 2
Amenity Area means an area(s) of a lot set aside for the purposes of visual improvement or
relaxation which is not used for buildings, structures, parking areas or driveways and which
includes grass, flower beds, shrubbery, trees and other forms of landscaping or a combination
thereof and in the case of multiple unit dwellings may also include balconies and sundecks.
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.
Autobody Shop means a building or part of a building or a clearly defined space on a lot used for
painting and repair of automobile body parts but shall not include the retailing of gasoline or other
fuels.
Automotive Rental Facility (Car Rental Facility) means a use of land, building or structure
where motor vehicles are kept for lease and where such vehicles may be dropped off or picked up,
but shall not include the rental of equipment or vehicles defined as a equipment rental facility.
Automotive Repair Outlet means a building or part of a building or a clearly defined space on
a lot used for minor or major repair of motor vehicles and may include paint and body repair,
muffler, brake, tire and glass replacement, transmission repair and replacement, wheel alignment,
and other customizing activities directly related to the repair or alteration of motor vehicles but
shall not include autobody shops, the manufacturing or fabrication of motor vehicle parts for the
purpose of sale nor the retailing of gasoline or other fuels.
Automotive 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 may include the sale of automobile
accessories and the servicing and general repairing of motorized vehicles and may include washing
establishments.
Bed and Breakfast (Deleted: RC-Feb 21/23;E-Sep 1/23)
Bicycle Parking, Class A means a facility which secures the entire bicycle and protects it from
inclement weather, and includes any key secured areas such as lockers, bicycle rooms, and
bicycle cages. (RC-Jun 25/14;E-Oct 18/14)
Bicycle Parking, Class B means bicycle racks (including wall mounted varieties) which
permit 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. (RC-Jun 25/14;E-Oct 18/14)
Bicycle Parking, Enhanced means any of the following: bicycle parking in excess of the
required minimums in terms of quantity or class; the provision of sheltered bicycle parking;
the provision of showers (at the rate of one for every six bicycle spaces); and clothes
lockers (at the rate of one for every bicycle space). (RC-Jun 25/14;E-Oct 18/14)
Big Box (Large Box Retail) means large-format retail, food, warehouse clubs, restaurants,
entertainment, hardware, electronics and furniture stores that typically range in size from 20,000
to over 150,000 square feet. For the supermarket/grocery sector, a big-box superstore normally
must be in the 50,000 to 100,000 square foot range. For warehouse operations, such as membership
Sackville Drive Land Use By-law
Page 3
warehouse clubs, big boxes normally contain 120,000 square feet. For book retailers, 25,000 to
50,000 square feet would qualify as a big-box operation and for other specialty retail categories,
for example, eye glasses, a 5,000 square-foot store would qualify as a "big box". A Big Box outlet
may includes several small retail business (multiple tenants) with internal or exterior entryways.
An example of this the SuperStore on Sackville Drive.
Building includes any structure placed on, over, or under the land and every part of the same and
any external chimney, staircase, porch, or other structure used in connection with such buildings.
Building Line means any line regulating the position of a building in relation to the street and the
side and rear lot lines.
Building Supply Outlet means a building or structure in which building or construction and home
improvement materials are offered or kept for sale at retail and may include the fabrication of
certain materials related to home improvement.
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)
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)
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)
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)
Sackville Drive Land Use By-law
Page 4
Car Wash means a building or part of a building or a clearly defined space on a lot where
mechanical equipment is used for washing passenger vehicles.
Changeable Copy Signage means any portion of a sign which provides for periodic changes
in the material composing the sign or the message and includes both electronically and
manually changeable signs. (NWCC-May 22/08;E-Jun 7/08)
Commercial Vehicle means any vehicle which is licenced as a commercial carrier as determined
by the Registry of Motor Vehicles and with a registered vehicle weight of three (3) tons.
Commercial Entertainment means such uses as cinemas, theaters, and auditoria, billiard/snooker
clubs, amusement centres, lounges and beverage rooms but excludes such uses as cabarets, casinos,
or adult entertainment uses.
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 to the forgoing, may
include amusement centres, dance halls, bowling alleys, bingo halls, skating rinks and golf
associated uses (i.e. training facility or miniature golf) but shall exclude animal and vehicle racing
tracks, rifle ranges, or commercial camping grounds.
Community/Recreation Centre means any tract of land or a building or any part of buildings
used for community activities whether used for commercial purposes or not, the control of which
is vested in the Municipality, a local board, a non-profit group, or agent thereof. Activities such
as bingo halls and youth centres are permitted as a secondary or accessory uses to the primary
function.
Consulting Room means the office and ancillary facilities commonly used by an individual,
qualified medical practitioner for out-patient treatment. (NWCC-May 26/05;E-May 28/05)
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)
Demolition means the act or process of tearing down or pulling apart (i.e. deconstruction) a
building or a structure.
Development Officer means the officer appointed under authority of the Municipal Government
Act.
Dwelling means any building or portion thereof which is designed or used for residential purposes.
Dwelling Unit means a room or suite of rooms occupied or capable of being occupied as an
independent and separate housekeeping establishment.
Sackville Drive Land Use By-law
Page 5
SINGLE UNIT DWELLING - means a detached dwelling containing one family unit.
DUPLEX DWELLING - means the whole of a dwelling that is divided horizontally into
two separate dwelling units, each of which has an independent entrance.
SEMI-DETACHED DWELLING - means one of a pair of single unit dwellings which are
attached vertically and each of which has its own independent entrances.
MULTIPLE UNIT DWELLING - means a single building comprised of three or more
dwelling units but shall not include townhouses.
TOWNHOUSE DWELLING - means three or more individual dwellings which are
attached vertically and each having its own independent accesses.
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.
Equipment Rental means a building or part of a building where residential, industrial and
commercial equipment is kept for rental to the general public and includes such things as but not
limited to lawn and garden tools, flooring cleaning equipment, masonry tools, painting and
decorating equipment, moving tools, plumbing tools and power tools.
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.
Existing means a building, structure or use in existence as of May 7, 2002. Existing buildings,
structures or uses shall not expanded or encroach beyond the existing lot configuration unless
otherwise identified in this bylaw.
Flea Market means an occasional or periodic sales activity held within a building, structure or
open area where groups of individual sellers offer goods, new and used, for sale to the public.
FLOODWAY means the inner portion of the floodplain having a 5% chance of 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-Apr 29/25;E-
May 26/25)
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 occurring in any
Sackville Drive Land Use By-law
Page 6
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-Apr 29/25;E-
May 26/25)
Floor Area (Gross) means the sum of the gross horizontal area of the several floors of a building
and its accessory buildings on the same lot, excluding cellar and basement floor area not devoted
to habitable or leasable space, but including the area of roofed porches and roofed terraces. All
dimensions shall be measured between exterior faces of walls.
Garden Market means a structure erected on a lot on a seasonal basis for the purpose of selling
garden plants, produce, and other related horticultural items and shall exclude tractor trailers,
construction trailers, travel trailers, and converted mobile homes.
Grade-Related Dwelling Unit Use means a dwelling unit within a multi-unit dwelling use that
is accessible by pedestrians from a private entrance that fronts and faces a streetline. (RC-
Dec 11/25;E-Feb 2/26)
Guest House means a home occupation within a single unit dwelling where more than four
sleeping rooms are rented to the traveling and vacationing public with or without meals and
licensed under Provincial regulations.
Health and Wellness Centre means a building or part of a building designed to promote
health awareness and maintenance through a variety of programs and services tailored to a
range of individual needs, including but not limited to, physical fitness, weight management,
nutrition education and paramedical clinics including but not limited to physiotherapists,
psychologist, speech therapists, chiropractors, osteopaths, naturopaths and registered
massage therapists. (NWCC-May 26/05;E-May 28/05)
Height as applied to any building means the vertical distance of the highest point of the roof above
the established grade of the street line abutting the building. (NWCC-June 26/23;E-July
12/23)
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).
Home Business means the use of a dwelling for gainful employment involving the provision or
sale of goods or services or both goods and services and without limiting the generality of the
foregoing does not include restaurants, take-outs, convenience stores, the keeping of animals, taxi
stands, any use pertaining to vehicles, or any use deemed to be obnoxious.
Hotel/Motel means a building or part thereof on the same site in which more than four rooms are
used to accommodations with or without meals and licensed under Provincial regulations.
Ice Cream Stand means a restaurant whose business is limited to the sale of ice cream, frozen
desserts, dessert items, candies and confections, and beverages in a ready to-eat state but
shall not include the preparation or sale of hot dogs, hamburgers, salads, pizza, hot or cold
Sackville Drive Land Use By-law
Page 7
sandwiches, or similar entree items or the provision of drive-thru service. (NWCC-May
24/07;E-Jun 9/07)
Institutional Use - means any educational or denominational use, museum and cultural centre,
public library, fire and police station, public works, hospital, shared housing with special care
(RC-Aug 9/22;E-Sep 15/22), community centre and hall, recreational or open space use.
Kennel means a building or structure used for the enclosure of more than two (2) dogs which are
kept for the purposes of commercial breeding or showing or for commercial boarding with or
without veterinary care.
Landscape means covered by vegetation comprising any combination of trees, hedges, shrubs,
flowers, grass or other horticultural elements, or by a combination of vegetation and decorative
elements such as but not limited to stonework, brick, unit pavers or wood.
Laundromat means an establishment providing washing, drying or dry cleaning machines on the
premises for rental use by the general public or for dry cleaning purposes.
Light Manufacturing Use means an establishment or facility engaged in the mechanical or
chemical transformation of materials or substances into new products including the assembly of
component parts, the manufacturing of products and the blending of materials, but shall not include
any use which is obnoxious.
Loading Space means an area not upon a street or highway having not less than 300 square feet
(27.9 square metres) of space accessible to a lot and designed for off-loading and on-loading from
vehicles.
Lot means a parcel of land whether or not occupied by a building.
CORNER LOT means a lot situated at the intersection of, and abutting on, two or more
streets.
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.
Lot Area means the total horizontal area within the lots lines of a lot.
Lot Coverage means the percentage of 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 therefor
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 the portion of such lot which is located
within said zone.
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.
Sackville Drive Land Use By-law
Page 8
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 day-lighting 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.
Lot Line means the division line between two or more lots.
FRONT LOT LINE - meaning the line dividing the lot from the street.
FLANKING YARD - meaning the side lot line which abuts a street on a corner lot.
REAR LOT LINE - meaning the lot line furthest from or opposite to the front lot line.
SIDE LOT LINE - meaning a lot line other then a front or rear lot line.
Main Building means the building in which is carried on the principal purpose or purposes for
which the building lot is used.
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.
Massage Parlor includes any premises or a part thereof, by whatever name designated where a
massage, body rub, alcohol rub, bath or similar activity is performed, offered, advertised, or
solicited by members of the opposite sex in pursuance of a trade, calling, business, or occupation
or which is equipped or arranged so as to provide such activity, but does not include any premises
or part thereof where treatment is routinely offered or performed for the purpose of medical or
therapy and is performed or offered by or under the supervision or direction of a physician,
chiropractor, osteopath, physiotherapist, under the laws of the Province of Nova Scotia.
Medical Clinic means a building or part of a building where two or more practitioners provide
human health services without overnight accommodations for patients.
Mezzanine means an intermediate floor assembly between the floor and ceiling of a room or
storey, and includes an interior balcony. For the purpose of height calculation, a storey with
a mezzanine counts as two full storeys. (RC-Dec 11/25;E-Feb 2/26)
Minimum Width means the minimum width or length required by this Bylaw of any main wall.
Municipality means the Halifax Regional Municipality.
Non-Conforming Use means a building or use of land lawfully existing at the date of the public
hearing (May 7, 2002) which does not conform to the regulations of the zone in which it is now
situated.
Obnoxious Use means a use which, from its nature or operation, creates a nuisance or is offensive
by the creation of noise, vibration, glare, electrical interference, fire explosion hazard or by reasons
of the emission of gas, fumes, dust, oil, or objectionable odor.
Sackville Drive Land Use By-law
Page 9
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 and may include medical, dental and health services.
Off-site Fill means fill imported from outside the floodplain or fill transported from the Flood
Fringe to the Floodway. (RC-Apr 29/25;E-May 26/25)
Outdoor 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 new or used cars, trucks, vans, motor homes, trailers, boats, snowmobiles,
motorcycles, and decorative fountains. An outdoor display court may also include an auction
facility for new/used cars but shall not include the repair of vehicles unless such activity is
contained within a building. (NWCC-May 26/05;E-May 28/05)
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.
Owner means a part owner, joint owner, tenant in common, or joint tenant of the whole or any
part of any land or building, and also includes any lessee, trustee, executor, guardian, agent or other
person having the care or control of any land or building.
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.
Parking Space means an area of not less than one hundred sixty-two (162) square feet (15.1 m2),
measuring nine (9) feet (2.7 m) by eight-teen (18) feet (5.5 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.
Pawn Shop means any establishment where all or a portion of any business where secondhand
and used goods are pawned, sold or traded by the public, and shall also include the resale of such
items, but shall not include used clothing stores, antique shops, or used bookstores.
Personal Service means a building or part of a building in which professional or personal
services are provided for gain and where the sale of retail of goods, wares, merchandise,
articles, or things is only accessory to the provisions of such service, including but without
limiting, the generality of the forgoing; barber shops, beauty shops, tailor shops, laundry and
dry-cleaning depots, shoe repair, health and wellness centres, tanning salons, and doctors' or
dentists' offices. (NWCC-May 26/05;E-May 28/05)
Pervious means a surface such as grass that can be easily penetrated by water. For clarification,
"impervious" means a surface such as pavement, asphalt or concrete that cannot be easily
Sackville Drive Land Use By-law
Page 10
penetrated by water.
Recreation Use means the use of land, buildings and structures for parks, playgrounds, tennis
courts, lawn bowling greens, indoor and outdoor skating rinks, athletic fields, golf courses, boat
and yacht clubs, picnic areas and swimming pools, and similar uses to the foregoing, together with
necessary and accessory buildings and structures, but does not include commercial camping
grounds nor a track for the racing of any form of motorized vehicles or any animals.
Recycling Depot means a building which is used for the deposit, collection and handling of waste
paper, rags, tires, bottles or other 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.
Registered Deed means a deed recorded at the Registry of Deeds at Halifax, Nova Scotia.
Registered Plan means a deed recorded at the Registry of Deeds at Halifax, Nova Scotia.
Residential Care Facility (Deleted: RC-Aug 9/22;E-Sep 15/22)
Restaurant
DRIVE THRU: 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.
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 may include a seating
area which does not exceed twenty five (25) percent 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.
FULL SERVICE: means a building or part of a building wherein food is prepared and
offered for sale to the public primarily for consumption within the building and may include
a take-out area which does not exceed ten (10) percent 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.
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, but shall not
include pawn shops as defined.
Salvage Yard includes a scrap yard and a junk yard and means a lot or premises where scrap
materials or scrap items of any kind are kept, stored or handled for any purpose, or are cut, crushed,
compressed, melted or subjected to any mechanical, chemical other industrial process of any kind;
without restricting the generality of the words scrap materials or scrap items, these include waste
Sackville Drive Land Use By-law
Page 11
paper, rags, bottles, used bicycles, vehicles, tires, metal or any other scrap material or salvage.
Self Storage Facility means a building or part of a building consisting of individual, small, self-
contained units that are leased or owned for the storage of business and household goods or
contractors supplies.
Service 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.
Seniors Residential Complex (Deleted: RC-Aug 9/22;E-Sep 15/22)
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)
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 may include individual dwelling units
for occupants, and must meet the definition of Shared Housing Use. (RC-Aug 9/22;E-Sep
15/22)
Shipping Container means a container originally designed for use as a means of storing and
transporting cargo via ship, rail or truck. (NWCC-May 26/05;E-May 28/05)
Shopping Centre means a building complex (one or more buildings) of 4,645 m² (50,000 sq. ft)
or more on a lot designed, developer and managed as a unit by a single owner, or a group of owners
or tenants, containing a group of commercial uses such as retail and office and is distinguished
from a business area comprising unrelated individual uses and is characterized by the sharing of
common parking areas and driveways. Shopping Centre is not considered to be a Big Box (Large
Scale Retail) as defined in this Bylaw.
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)
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)
Sackville Drive Land Use By-law
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Sign means any structure, device, light or natural object including the ground itself, or any
part thereof, or any device attached thereto, or painted or represented thereon, which shall
be used to identify, advertise, or attract attention to any object, product, place, person,
activity, institution, organization, firm, group, commodity, profession, enterprise, industry,
or business, or which shall display or include any letter, word, model, number, flag, 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.
GROUND SIGN: means a sign supported by one or more uprights, poles or braces,
placed in or upon the ground.
PROJECTING SIGN: means a sign which projects from and is supported by or which
extends beyond a wall or the roof of a building.
FACIAL SIGN: means a sign which is attached directly to or painted upon a building
wall, and which does not extend therefrom nor extend above the roof line. (RC-Sep
26/06;E-Nov 18/06)
Sign Area means the area or portion of an advertising structure, including holes or vacant spaces,
upon which the advertising message is displayed, including those portions used for decoration,
outlines or borders.
Sign Face means the area or portion of an advertising structure upon which the advertising
message is displayed, excluding structure, decoration and site identification. (NWCC-May
22/08;E-Jun 7/08)
Site Identification Signage means any portion of a sign which lists the civic number and street
name of the building and may include the common name for the building, provided it does
not directly reference a business name. (NWCC-May 22/08;E-Jun 7/08)
Storey means the portion of a building that is situated between the top of a floor and the top
of the floor next above it, including a mezzanine, and if there is no floor above it, the portion
between the top of the floor and the ceiling above it, and
(a)
for the purpose of calculating the streetwall height, a portion of a building that is
partly below the streetline grade is not deemed to be a storey unless its ceiling is a
minimum of 2.0 metres above the streetline grade; and
(b)
for a purpose other than calculating the streetwall height, a portion of a building that
is partly below the average finished grade is not deemed to be a storey unless its ceiling
is a minimum of 2.0 metres above the average finished grade.
(RC-Dec 11/25;E-Feb 2/26)
Street means a public street or highway.
Street Line means the division line between any street and the abutting lot.
Strip Mall/Shopping Plaza means a commercial development containing at least three individual
Sackville Drive Land Use By-law
Page 13
business establishments which have been designed, development and managed as a unit by a single
owner or tenants but each individual business establishment has separate external entrance. The
business establishments likely share common parking areas, open space, driveways, and loading
zones. Land Uses permitted within a Strip Mall/Shopping Plaza are those uses permitted within
the applied zone. Strip Mal/Shopping Plaza is not considered to be Big Box (Large Box Retail) or
Shopping Centre as defined in this Bylaw.
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. For clarification, does not include
parking lots or landscape elements.
Suite (RC-Sep 1/20;E-Nov 7/20)
BACKYARD SUITE means a self-contained subordinate dwelling unit that is located within
an accessory building or structure. (RC-Sep 1/20;E-Nov 7/20)
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)
Veterinary Clinic means a building or portion thereof, where animals, birds or other livestock
kept as domestic pets are examined, treated, groomed, or operated on. There are to be no outdoor
runs for any animals.
Warehouse means a building where wares and goods are stored but does not include a retail store.
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)
Watercourse means a lake, river, stream, ocean or other natural body of water. (RC-Jun
25/14;E-Oct 18/14)
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.
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.
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
Sackville Drive Land Use By-law
Page 14
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.
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 side yard"
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.
Sackville Drive Land Use By-law
Page 15
PART 3:
ADMINISTRATION
GENERAL
1.
This Bylaw shall be administered by the Development Officer.
2.
No person shall erect, alter, repair or maintain any building or locate or carry on any
industry, business, trade or calling or use any land or building within any zone without
complying with the provisions of this Bylaw.
3.
Nothing in this Bylaw shall operate to relieve any person of the obligation to obtain any
license, permission, permit, authority, approval or meet the requirements of this or any
other Bylaw of the Municipality.
DEVELOPMENT PERMIT
4.
No development shall be permitted unless a development permit has been issued and no
development permit shall be issued unless the provisions of this Bylaw are satisfied.
5.
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.
6.
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, provided that such are specified by the permit and provided also that no
development permit shall pertain to more than one (1) lot.
6A.
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)
6B.
An accessory hen use is exempt from the requirement to obtain a development permit
(RC- Oct 05/21; E-Jan 08/22).
6C.
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)
6D.
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)
Sackville Drive Land Use By-law
Page 16
DEVELOPMENT PERMIT REQUIREMENTS
7.
An application for a development permit shall be accompanied by a site plan properly
drawn to scale showing the following:
(1)
accurate dimensions of the site and the location of all proposed buildings;
(2)
identification, location and gradients of all parking areas including driveways,
entrances and exits to parking areas, maneuvering areas for vehicles, service areas,
visitors parking and loading areas;
(3)
the location and details of proposed landscaping;
(4)
the existing and proposed elevations of the lot and the elevations of floor levels
related to the site elevations;
(5)
method of surface drainage proposed for the site;
(6)
identification and location of any significant natural features of the site;
(7)
detailed plans for retaining walls and the control of slopes. Plans and construction
of retaining walls greater than 1.0 metres (3.28 ft) in height shall be prepared and
certified by a qualified Professional Engineer;
(8)
any additional information related to the site, buildings, or adjoining properties as
may be required by the Development Officer to determine if the proposal conforms
to the provisions of this by-law.
LICENCES, PERMITS, AND COMPLIANCE WITH OTHER BY-LAWS
8.
Nothing in this by-law shall exempt any person from complying with the requirements of
the National Building Code 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.
9.
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.
Sackville Drive Land Use By-law
Page 17
PART 4:
ZONES & ZONING MAP
ZONES
1.
For the purposes of this Bylaw the following zones the boundaries of which are shown on
Schedule B. Such Zones may be referred to by the appropriate symbols:
- Large Scale Commercial Zone: LS
- Downsview Complex-1 Zone: DC-1
- Downsview Complex-2 Zone: DC-2
- Downsview Complex-3 Zone: DC-3
- Pedestrian Retail Zone: PR
- Acadia Village Centre Zone: VC
- Pinehill/Cobequid Zone: PC
- Outdoor Display Court Zone: ODC (RC-Sep 5/06;E-Oct 7/06)
- Community Parkland and Facility Zone: CP
- 1994 (RC-Apr 29/25;E-May 26/25) Floodplain Zone: P-3
- 2024 FWO (Floodway Overlay) Zone (RC-Apr 29/25;E-May 26/25)
- 2024 FFO (Flood Fringe Overlay) Zone (RC-Apr 29/25;E-May 26/25)
Zoning Maps
2.
Schedule B attached hereto, may be cited as the "Sackville Drive Zoning Map".
3.
The extent and boundaries of all zones are shown on Schedule B and for all such zones the
provisions of this by-law shall respectively apply.
4.
The symbols used on Schedule B refer to the appropriate zones established by Part 4:
Section 1.
INTERPRETATION OF ZONING BOUNDARIES
5.
Boundaries between zones shall be determined as follows:
(1)
Where a zone boundary is indicated as following a street or highway, the boundary
shall be the centre line of such street or highway.
(2)
Where a zone boundary is indicated as approximately following lot lines, the
boundary shall follow such lot lines.
(3)
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.
(4)
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.
Sackville Drive Land Use By-law
Page 18
(5)
Where none of the above provisions apply, and where appropriate, the zone
boundary shall be scaled from the attached Schedules.
ZONES NOT ON MAPS
6.
The zoning maps of this by-law may be amended to utilize any zone in this Bylaw,
regardless of whether or not such zone has previously appeared on any zoning map. Such
amendments shall be carried out in accordance with the Municipal Government Act and
shall be in conformity with the policies of the Secondary Planning Strategy for Sackville
Drive.
USES PERMITTED
7.
Uses permitted within any zone shall be determined as follows:
(1)
If a use is not listed as a use permitted within any zone, it shall be prohibited in that
zone.
(2)
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.
(3)
Except where limited by or specifically prohibited in this by-law, any use permitted
within any zone may be located in conjunction with any other use permitted within
that zone whether contained within the same building or located on the same lot as.
INTERPRETATION OF 1-in-100 FLOOD ELEVATION (RC-Apr 29/25;E-May
26/25)
8.
Reference point elevations for the 1-in-100-year flood are outlined in Schedule K of
this By-law for the administration of requirements of PART 17A - 2024 FWO
(Floodway Overlay Zone) and PART 17B - 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 to administer these sections of the by-
law when greater precision is required.
HYDROTECHNICAL STUDIES (RC-Apr 29/25;E-May 26/25)
9.
Hydrotechnical studies submitted to fulfill the requirements for developments as
outlined in PART 17A - 2024 FWO (Floodway Overlay) Zone and PART 21B - 2024
FFO (Flood Fringe Overlay) Zone must be developed following the methodology
outlined in the Nova Scotia Municipal Flood Line Mapping Document.
Sackville Drive Land Use By-law
Page 19
PART 5:
USES PERMITTED BY DEVELOPMENT AGREEMENT
1.
Notwithstanding Part 4, the following buildings or uses may be permitted by development
agreement, in accordance with the development agreement provisions of the Municipal
Government Act and as provided for by Policy I-4 of the Secondary Planning Strategy for
Sackville Drive:
Within the Downsview/Beaver Bank Designation
(1)
new commercial developments with building footprints of less than 10,000 square
feet (929 m2) or any proposed expansion to existing commercial developments
which would maintain a total building footprint of less than 10,000 square feet,
(10,000) square feet (929 m2) within the Large Scale Commercial (LS) zone in
accordance with Policy DC-3.
(2)
an alternative location for the Acadia village centre development in accordance with
Policy AVC-5.
(2a)
a mixed use multiple unit development at 8 Walker Road and 732 Old Sackville
Road within the Large Scale Commercial (LS) zone in accordance with Policy
DB-2 (a).
(RC-Jul 21/15;E-Sep 12/15)
Within the Pedestrian Retail Designation
(3)
a new commercial buildings or structures with a footprint greater than 5,000 square
feet (464.5 m²), or any expansion to a building or structure which currently exceed
a footprint of 5,000 square feet (464.5 m²), or any proposed expansion to an existing
commercial building or structure which would result in a total building footprint
greater than 5,000 square feet (464.5 m²) within the Pedestrian Retail (PR) zone in
accordance with Policy PR-3.
(4)
Deleted (RC-Sep 5/06;E-Oct 7/06)
(5)
an alternative location for the Acadia village centre development in accordance with
Policy AVC-5.
Within the Acadia Village Centre Designation
(6)
except for Acadia School, Acadia Hall, and existing single unit dwellings on Acadia
Lane, all new commercial, residential, community or institutional developments, or
any expansions to existing commercial buildings or structures or any redevelopment
of a commercial site within the area zoned Acadia Village Centre (VC) zone in
accordance with Policy AVC-3.
Within the Pinehill/Cobequid Designation
(7)
a new commercial buildings or structures with a footprint greater than 15,000 square
feet (1,393.5 m²), or any expansion to a building or structure which currently exceed
a footprint of 15,000 square feet (1,393.5 m²), or any proposed expansion to an
existing commercial building or structure which would result in a total building
footprint greater than 15,000 square feet (1,393.5 m²) within the Pinehill/Cobequid
(PR) zone in accordance with Policy LDT-6.
Sackville Drive Land Use By-law
Page 20
(8)
an alternative location for the Acadia village centre location in accordance with
Policy AVC-5.
Within any Designation
(9)
amendments to existing development agreement where enabling policy no longer
exists in accordance with Policy I-14.
(10)
buildings over 50ft (15.24m) in height in accordance with Policy SS-4(a) (RC-
Sep 5/06;E-Oct 7/06)
(11) Pursuant to Policy I-6.5, where there is enabling policy to consider the
development 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)
(12)
Subject to Policy LSR-10I, a development agreement may be considered to
permit additional development within the Floodplain Designation. (RC-Apr
29/25;E-May 26/25)
2. 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. (RC-Oct 11/22;E-Nov
16/22)
3.
Notwithstanding any other provisions of this By-law, development proposals for
residential or mixed-use buildings that provide primarily residential uses within the
Suburban area may be permitted by development agreement in accordance with SA-
2B, SA-3B, SA-4B SA-4C of the Regional Municipal Planning Strategy. (RC-Dec
11/25;E-Feb 2/26)
Sackville Drive Land Use By-law
Page 21
PART 6:
GENERAL PROVISIONS FOR ALL ZONES
GENERAL PROVISIONS: ENVIRONMENTAL PROTECTION
Sewage Disposal and Water Systems
1.
Where municipal central sewer and water services are available, no development permit
shall be issued unless the development will be provided with such services.
Sediment and Soil Erosion Control
2.
Any development of a vacant lot or change in grade of an lot shall require an Erosion and
Sedimentation Control Plan, except where the total disturbed area is less than 0.4 ha (1.0
acre), and shall be in conformity with all applicable municipal and provincial regulations
and guidelines, prior to the issuance of a Permit. The Erosion and Sedimentation Control
Plan shall be prepared by a qualified professional engineer. The plan shall include, but
not be limited to, the following:
(1)
delineation of all applicable flood plains;
(2)
short term erosion and sedimentation control measures to be used during
construction of the development, until all disturbed soil is stabilized, with an
emphasis on minimizing the amount of soil disturbance and the duration of exposed;
(3)
long term erosion and sedimentation control measures after completion of the
development;
(4)
soil optimization of use of existing topography and vegetation;
(5)
minimization of cuts and fills and exposure area and time;
(6)
prevention or minimization of water flow across or from the site;
(7)
filter bags or other acceptable equivalent in catch basins;
(8)
a silt fence or other acceptable equivalent erosion control measures placed around
all disturbed areas;
(9)
settling pond(s) for area greater than 2 hectares (5 acres);
(10)
stockpiles located away from watercourses, environmentally sensitive areas,
drainage courses, ravines, and adjacent developments. Stockpiles should be
stabilized
against
erosion
immediately
following
stripping
operations.
Stabilization may include, but is not limited to, establishment of a cover crop or a
hydro-seed matrix consisting of seed, fiber bond, and tackifier;
(11)
all construction traffic access road(s) shall be graveled or paved to minimize mud
from being tracked from the site; and
(12)
monitoring and maintenance program for the erosion and sediment controls,
including mandatory inspection and recording.
3.
Notwithstanding Part 6 Section 2., where any development on a vacant lot less than 0.4 ha
(1.0 acre) or change in grade on an lot less than 0.4 ha (1.0 acre) is proposed the following
measures shall be in place prior to the issuance of the permit:
(1)
filter bag(s) or acceptable equivalent in catch basins within the public street;
(2)
where an onsite storm sewer system exists or is proposed it shall be protected by
measures including, but is not limited to, sealing the openings, setting up sumps or
Sackville Drive Land Use By-law
Page 22
weirs inside the structures, or by providing appropriate inlet protection (i.e., filter
fence, sediment traps);
(3)
a silt fence or acceptable equivalent erosion control measure placed around all
disturbed areas;
(4)
stockpiles located away from watercourses, environmentally sensitive areas,
drainage courses, ravines, and existing adjacent developments. Stockpiles shall be
stabilized
against
erosion
immediately
following
stripping
operations.
Stabilization may include, but is not limited to, establishment of a cover crop or a
hydro-seed matrix consisting of seed, fiber bond, and tackifier; and
(5)
all construction traffic access road(s) shall be graveled or paved to minimize mud
from being tracked from the site.
4.
On all lots, the following shall apply:
(1)
prior to issuance of a Permit the Developer shall provide security to HRM in the
amount of $2500 per acre of the total disturbed area or a minimum of $1000 (one
thousand), whichever is greater. The security shall be in the form of an irrevocable
letter of credit. Where an Erosion & Sediment Control Plan has been prepared,
security shall be released upon receiving certification from a Professional Engineer
that the disturbed area has been permanently stabilized. Where no Erosion &
Sediment Control Plan has been prepared, security shall be released upon permanent
stabilization of the disturbed area;
(2)
driveway grades over 5% shall be stabilized with asphalt, concrete, or acceptable
equivalent;
(3)
driveways shall be covered with gravel or hard-surfaced within fourteen (14) days
of the start of the construction or excavation of the driveway;
(4)
excavated soil material stockpiled on site, shall be removed from the lot, or graded
and shall be either sodded, seeded or covered with alternate forms of ground cover
suitable to prevent erosion, as appropriate and within eighteen (18) weeks of the
start of excavation; and
(5)
All accumulated sediment and debris shall be removed from the site once
construction is completed. All related materials and temporary structures shall be
removed and property disposed of as well.
Stormwater
5.
Any development of a vacant lot or change in grade of an lot shall require a Stormwater
Drainage Report, where a new or revisions to the existing onsite storm sewer system or
increased stormwater runoff, are proposed. The report shall be submitted prior to the
issuance of a Permit. The Stormwater Drainage Report shall be prepared by a qualified
professional engineer and shall include the following information:
(1)
site engineering analysis and calculations based on the criteria outlined in the
Province of Nova Scotia and Municipality of the County of Halifax Design Criteria
Manual;
(2)
written text or illustrations of the size of development, location and the drainage
system;
(3)
written text or illustrations of the detailed safety measures and implications of the
Sackville Drive Land Use By-law
Page 23
proposed system;
(4)
analysis of the potential for erosion where there is a downstream receiving stream;
(5)
written text or illustrations of the measures to limit the peak storm water flow from
the site to a value which would be 40% of the uncontrolled fully developed flow
and allow surface water flows to be directed to permeable surfaces; and
(6)
written text or illustrations of the location of buildings, structures and parking areas
on a lot and the measures as to minimize the alteration of natural grades and to
minimize the area of impervious surfaces.
Setbacks from Watercourses
6.
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 shall be 30.5m of the
rim of the Sackville or Little Sackville rivers except for activities
specified under clause (f).
(f)
Notwithstanding clause (d), activity within the 30.5m buffer of the
Sackville or Little Sackville rivers shall be limited to the placement of
board walks, esplanades, arcades, walkways and trails, conservation
uses, parks on public lands, public roads and wastewater, storm and
water infrastructure, and water control structures.
(g)
Notwithstanding clause (a), the required buffer for construction and
demolition operations shall be as specified under the applicable CD
Zone.
(h)
Notwithstanding the required buffer under clauses (e), (f) and (g), 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 structure, 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.
Sackville Drive Land Use By-law
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(2A)
Notwithstanding subsection (3) the required buffer may be reduced to that
indicated in subsection (1)(a) and (b) for any lot that existed on or before June
24, 2002, providing that any of the following conditions are met:
(i)
existing right-of-ways or easements located on the property further
affect the placement of buildings or structures;
(ii)
where the configuration or shape of a lot is such that the lot line
intersecting the watercourse are not perpendicular to the watercourse;
(iii) where the portion of a lot covered by the watercourse setback is greater
than or equal to twenty percent of the area of the lot; or
(iv)
where there is existing legal disturbance or development which was
established on or before June 24, 2002 on the portion of property
identified as within the watercourse setback.
(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 setbacks, 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.
7.
Notwithstanding, the provisions of Part 6 Section 6, any existing building within the 100 ft
(30.48m) wide buffer may be permitted to be enlarged, renovated or repaired subject to the
provisions of this Bylaw.
Flood proofing
8.
Repealed (RC-Apr 29/25;E-May 26/25)
8A. No building, structure, or use shall be permitted within the area identified on the
Zoning Schedule as areas requiring modified floodproofing unless the following
special requirements are met:
(1)
All habitable floorspace shall be constructed above the nearest upstream 1-in-
100-year flood elevations outlined on Schedule K above the site-specific 1-in-
100-year flood elevation as determined by a professional engineer or licensed
Nova Scotia land Surveyor.
Sackville Drive Land Use By-law
Page 25
(2)
All electrical and mechanical equipment within a building must be located
above the 1-in-100 flood level unless designed by a professional engineer to
withstand a flood.
(3)
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.
(RC-Apr 29/25;E-May 26/25)
9.
Within six (6) months of the issuance of a development permit the applicant shall provide
the Development Officer with proof of compliance with Part 6 Section 8 from a qualified
person. Where circumstances warrant, this period may be extended for one additional six
(6) month period at the discretion of the Development Officer.
10.
Notwithstanding Part 6 Section 12 and 13, no flood proofing shall be required for properties
where a study by a qualified person shows the property is no longer within the 1:100 year
flood plain.
10A
Schedule D - 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
D 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
Heritage, Heritage Division for any action it deems necessary with respect to the
preservation of archaeological resources in accordance with provincial requirements.
GENERAL PROVISIONS: USES
Multiple Uses and Zones
11.
Where any land or building is used for more than one purpose, all provisions of this Bylaw
relating to each use shall be satisfied. Where there is conflict such as in the case of lot size
or frontage, the higher or more restrictive standard shall prevail.
12.
More than one zone may be applied to any given area and when land is zoned in this
manner, the regulations under the zone appropriate to the proposed use shall be applied.
Existing Buildings
13.
Where a building other than a building containing a non-conforming use was lawfully in
existence on or before May 7, 2002 on a lot having less than the minimum frontage or area,
or having less than the minimum setback or side yard or rear yard required by this Bylaw,
the building may be enlarged, reconstructed, repaired or renovated on the existing lot
provided that:
(1)
the enlargement, reconstruction, repair or renovation does not further reduce the
front yard or side yard or rear yard that does not conform to this Bylaw; and
(2)
all other applicable provisions of this Bylaw are satisfied.
Sackville Drive Land Use By-law
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Existing Non-Residential Uses (RC-Apr 29/25;E-May 26/25)
13A. Notwithstanding Section 13, where uses are permitted as existing non-residential uses
within PART 17 - 1994 P-3 (Flood Plain) and PART 21A - 2024 Floodway Overlay
(FWO) 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 of the zone. An
existing non-residential use includes a non-residential use that existed on or before
May 26, 2025.
New Use in Non Conforming Building
14.
Notwithstanding anything else in this Bylaw, the use of a building existing on a lot on May
7, 2002 may be changed to a use permitted on the lot where the lot area or frontage or both
is less than that required by this Bylaw provided that all other applicable provisions of this
Bylaw area satisfied. For clarification, all parking, landscaping and driveway requirements
as defined in Part 7 of this Bylaw shall be applied where possible.
Temporary Construction Uses Permitted (RC-Jan 20/09;E-Feb 7/09)
15
(a)
Nothing in this By-law shall prevent the use of land or the use or erection of a
temporary building or structure which is necessary and accessory to
construction in progress, such as a work camp or construction camp, mobile
home, sales or rental office, tool or maintenance shed or scaffold, including a
shipping container which serves as one of the foregoing, except as a mobile
home, sales or rental offices, provided that a development permit has been
issued.
(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.
Sackville Drive Land Use By-law
Page 27
(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.
Temporary Commercial Uses Permitted (NWCC-May 24/07;E-Jun 9/07)
16.
Nothing in this Bylaw shall prevent the use of land or the erection of a temporary
building or structure for such purpose as midways, circuses, fairs, festivals, the
display of artwork and crafts, or artistic performances provided that such remain in
place no longer than five (5) days. Christmas Tree sales are permitted in all zones.
Temporary Ice Cream stands shall be permitted for a period of six months only in the
Pedestrian Retail (PR) Zone and shall not exceed 18.5 m2 (200 ft2) in area.
Any development permit issued for a special use under this section shall be in force
for a maximum period of one (1) year (with the exception of Christmas Tree sales)
from the date of issue and any permit may be reissued upon request, subject to review
by the Development Officer. Flea Markets shall be considered as an accessory uses
within the Downsview Complex Zones (DC-1, DC-2, DC-3) and shall be excluded from
this provision. Any building or structure used for a temporary use shall be removed
within 30 days of the discontinuance of the use or at the expiration of the temporary
period.
Temporary ice cream stands shall provide landscaping in the form of a landscaped
planter as identified in Part 7, Section 47 (3).
No Livestock
17.
Except for an ACCESSORY HEN USE (RC- Oct 05/21; E-Jan 08/22),Horses, cattle,
sheep, swine, and domestic fowl shall not be kept on any lot or within any building.
GENERAL PROVISIONS: LOTS, YARDS AND OTHER STANDARDS
Street Frontage
Sackville Drive Land Use By-law
Page 28
18.
Unless otherwise permitted in the Bylaw, every lot shall front on a street and a building
shall be deemed to front on the street opposite to its principal entrance, or if such entrance
is not opposite to a street, then upon the street from which it gains its principal access.
One Main Building on a Lot
19.
No person shall erect more than one (1) main building on a lot within any zone except for
the buildings within the Downsview Complex zones (DC-1, DC-2 and DC-3), the Acadia
Village Centre zone (VC), or townhouses with the Pinehill/Cobequid zone (PC) and, Self
Storage Facility in all applicable zones. (NWCC-May 26/05;E-May 28/05)
Existing Undersized Lots
20.
Where a building has been erected on or before May 7, 2002 on a lot having less than the
minimum required frontage or area, or both required by this By-law, or having less than
the minimum front yard or side yard or rear yard or separation distance required by this
By-law, the building may be enlarged, reconstructed, repaired or renovated provided that:
(1)
the enlargement, reconstruction, repair or renovation does not further front yard,
side yard, rear yard, or separation distance that does not conform with this By-law;
and
(2)
all other applicable provisions of this By-law are satisfied.
21.
Notwithstanding anything else in this Bylaw, a vacant lot existing on or before May 7,
2002, having less than the minimum required frontage or area or both required by this
Bylaw, may be used for a purpose permitted in the zone in which the lot is located, and a
building may be erected on the lot, provided that all other applicable provisions of this
Bylaw are satisfied.
22.
An existing undersized lot may be increased in area or frontage or both, and still remain an
existing undersized lot if after the increase, the lot still remains undersized.
Special Requirements: Corner Lots
23.
On a corner lot, a fence, sign, hedge, shrub, bush or tree, or any other structure or vegetation
which obstructs vision shall not be erected or permitted to grow to a height greater than 2
ft (0.61m) above grade of the streets that abut the lot within the triangular area included
within the street lines for a distance of 20 ft (6.1 m) from their point of intersection.
Natural Hazards And Yard Requirements
24.
Where in this Bylaw a front yard, side yard 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, or between the top and toe of a cliff or embankment having a slope of 20% or
more from the horizontal, then the required yard shall be measured from the nearest main
wall from the main building or structure on the lot to the edge of the said area covered by
water or marsh, or to the rim of the said river bank or watercourse, or to the top of the said
cliff or embankment if the said area is closer than the lot line.
Sackville Drive Land Use By-law
Page 29
Permitted Encroachments
25.
Every part of any yard required by this Bylaw shall be open and unobstructed by any
structure except to permit limited structural elements subject to the following provisions:
(1)
Uncovered patios, walkways, wheelchair ramps, lifting devices or steps may be
located in any yard;
(2)
There may be erected or maintained in any yard, projections of structural elements
such as sills, cornices, eaves, gutters, chimneys, pilasters, canopies or other
architectural features, provided that no such structure or feature shall project more
than 2 ft (0.6 m) into any required yard; and
(3)
Window bays and solar collectors may be permitted to project not more than 3 ft
(0.9 m) from the main wall into a required front, rear or flankage yard.
Abutting Zone Requirements
26.
Where a commercial zone or use abuts an existing residential uses or zones, or park uses
or zones, in order to provide a visual and noise barrier between these uses, the following
shall apply to the abutting yards:
(1)
the minimum distance between the main buildings shall be 40 ft (12.19m);
(2)
no open storage nor outdoor display shall be permitted in the required abutting yard;
and
(3)
where parking spaces are provided in an abutting yard such parking spaces shall be
screened by a buffer, fence, or combination thereof.
Height Regulations
27.
Deleted (NWCC-June 26/23;E-July 12/23)
27
(a)
The height of a building in all zones shall be not more than 50ft (15.24m) in height
measured from the established grade at front property line, except for Multiple Unit
Dwellings with more than 4 units which shall have a maximum height of 5 storeys,
provided the building height does not exceed 50 ft (15.24 m). (NWCC-
Sep14/26;E-Oct01/26). (RC-Dec 11/25;E-Feb 2/26)
(b)
On corner lots where there is a difference in established grade on each lot
frontage at the street line, the height requirement shall be measured from the
street frontage with the lower grade.
(c)
Notwithstanding Section 27 (a), chimneys, antennae, flag poles, belltowers,
spires, steeples, vents, water tanks, elevators enclosures, silos, solar panels,
skylights, clock towers, parapets or other roof or building appurtenances
extending from the surface of a roof shall not be measured in calculating
building height; however, such appurtenances shall not: 1) be habitable living
space and, shall be integrated with the architectural treatments of the buildings
and roof structure. (NWCC-June 26/23;E-July 12/23)
Sackville Drive Land Use By-law
Page 30
(d)
Subject to Sections 27 (a) and (b), for parcels of land within the PR and PC zones
which have lot frontage on Sackville Drive, the height of the main building may,
alternatively, be measured from the highest point of the roof [pursuant to Section
27 (c)] to the 'established grade' surrounding the building, provided that along any
adjoining R-1 or R-2 zone property boundary: (NWCC-Sep14/26;E-Oct01/26)
1. the setback of the main wall of the building from any side or rear lot line
that abuts the R-1 or R-2 zone is no less than 7.62 metres (25 feet);
2. A further 2 metre stepback beyond the main wall is required above a height
of 30 feet for no less than 80% of the façade length, unless the main wall
setback is at least 9.62 metres from any adjoining R-1 or R-2 zone property
line; and
3. A 2 metre tall opaque fence, vegetative screen or a combination of both
natural and man-made materials which will form an effective year-round
screen is established along the shared property lot line.
(NWCC-June 26/23;E-July 12/23)
Illumination
28.
All areas of any lot which are accessible to the public, including walkways, alleys, parking
lots and driveways and landscaped areas shall be adequately illuminated for personal safety
purposes. Such lighting may be in the form of wall mounted fixtures, ground based fixtures
with underground wiring, or pole mounted lighting not exceeding 30 feet (9.1 metres) in
height.
29.
All illumination shall be directed away from adjoining properties and any adjacent streets.
Vehicle Bodies
30.
No truck, bus, coach, motor home, camper trailer (RC-Dec 11/25;E-Feb 2/26) or
streetcar body shall be used for human habitation or used as a commercial building. For
clarity, a shipping container is not considered a vehicle body. (RC-Dec 11/25;E-Feb
2/26)
Restoration to a Safe Condition
31.
Nothing in the Bylaw 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.
GENERAL PROVISIONS: ACCESSORY BUILDINGS OR STRUCTURES
Accessory Uses and Buildings
32.
Provisions made under this Bylaw to permit uses, buildings, and structures shall, unless
Sackville Drive Land Use By-law
Page 31
otherwise stated by this Bylaw, also be deemed to include any accessory uses buildings or
structures provided that:
(1)
the accessory use, building, or structure is located within the same zone as the
principal building or use it is intended to service or is located within an abutting
zone in which the principal use or building is permitted.
(2)
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
(3)
all other applicable conditions and requirements of this Bylaw are satisfied.
Accessory Hen Use (RC- Oct 05/21; E-Jan 08/22)
32A
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 32A(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.
Accessory Buildings
33.
Accessory buildings and structures shall be permitted in any zone but shall not:
(1)
be used for human habitation, except where a backyard suite is (Deletion:
NWCC-Mar 8/21;E-Mar 27/21) permitted (RC-Sep 1/20;E-Nov 7/20);
(2)
be located within the required front yard of a lot;
(3)
be located closer than four (4) feet to any lot line;
(4)
exceed 35 ft (10.7m); (RC-Sep 5/06;E-Oct 7/06) (RC-May 23/24;E-Jun 13/24)
(5)
be located within six (6) feet of the main building;
(6)
be attached to the main building located completely underground.
(7)
repealed (RC-May 23/24;E-Jun 13/24)
(8)
Notwithstanding anything else in this by-law, an enclosed or internal staircase
Sackville Drive Land Use By-law
Page 32
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-Jun 13/24)
34.
Part 6 Section 36 and 37 does not apply to drop awnings, clothes poles, flag poles, garden
trellises, fences, uncovered decks no higher than 2 ft (0.61m) and retaining walls shall be
exempted from any requirements for accessory uses.
Shipping Containers as Accessory Buildings (Repealed: RC-Dec 11/25;E-Feb 2/26)
Shipping Containers (RC-Dec 11/25;E-Feb 2/26)
34AB. (1)
Shipping containers shall be prohibited.
(2)
Notwithstanding subsection (1), are permitted as accessory buildings only in a
business park zone or in conjunction with a recreation use and shall meet the
following requirements:
(i)
Shipping containers shall not be placed in the front or flanking yard of
any lot, or between the main building and any street;
(ii)
Shipping containers shall meet all applicable requirements for
accessory buildings and zone standards including those relating to
setbacks, screening and landscaping; and
(iii)
Shipping containers intended for non-recreation or non residential use
shall not be permitted on any property which abuts a residential, park
or institutional zone.
(3)
Notwithstanding subsection (1), non-residential temporary construction
shipping containers are permitted subject to Section 15 in Part 6.
(4)
Notwithstanding subsection (1), temporary residential shipping containers are
permitted subject to Section 15 in Part 6.
(5)
Notwithstanding subsection (1), shipping containers are permitted as a
dwelling, subject to the applicable zone standards for dwellings.
(6)
Notwithstanding subsection (1), Shipping containers are permitted as as a
backyard suite, subject to the applicable requirements for backyard suites.
Secondary Suites and Backyard Suites (RC-Sep 1/20;E-Nov 7/20)
34B. (1)
Secondary Suites
Secondary suites shall be permitted accessory to a single unit dwelling, a duplex
dwelling, a semi-detached dwelling, (RC-Dec 11/25;E-Feb 2/26) or a townhouse
dwelling subject to the following provisions:
(i)
No more than one total secondary suite shall be permitted on a lot; (RC-
May 23/24;E-Jun 13/24)
(ii)
The floor area of a secondary suite shall not exceed 80.0 square metres;
(iii)
A duplex dwelling or semi-detached dwelling that contains a secondary
suite shall not be considered a multiple unit dwelling;
(iv)
Repealed (RC-May 23/24;E-Jun 13/24)
(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-Jun 13/24)
Sackville Drive Land Use By-law
Page 33
(2)
Backyard Suites
Backyard suites shall be permitted accessory to a single unit dwelling, a duplex
dwelling, a semi-detached dwelling , a multi-unit dwelling containing only three
(3) units (RC-May 23/24;E-Jun 13/24) or a townhouse dwelling subject to the
following provisions:
(i)
No more than one backyard suite shall be permitted on a lot; (RC-May
23/24;E-Jun 13/24)
(ii)
A backyard suite is not considered a separate main building or main
dwelling;
(iii)
The backyard suite shall meet the accessory building requirements as
set out in Part 6 sections 32, 33 and 34 (Deletion: NWCC-Mar 8/21;E-
Mar 27/21);
(iv)
The gross floor area of a backyard suite shall not exceed 1,000 square
feet (93 square metres) (RC-May 23/24;E-Jun 13/24);
(v)
Notwithstanding the parking requirements of Part 7 Section 16
(Deletion: NWCC-Mar 8/21;E-Mar 27/21), 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-Jun 13/24);
(vii)
A backyard suite must be located on the same lot as the main dwelling
unit;
(viii) A backyard suite shall have unobstructed access that
(A)
connects the backyard suite to a street, private road, or private
right-of-way,
(B)
is located on the same lot on which the backyard suite is located,
and
(C)
has a minimum width of 1.1 metres; and
(RC-May 23/24;E-Jun 13/24)
(ix)
A non-conforming accessory building may be converted to a backyard
suite if the gross floor area of the backyard suite does not exceed 93
square metres. (RC-May 23/24;E-Jun 13/24)
Outdoor Storage, Outdoor Display and Refuse Containers
35.
All commercial dumpsters, refuse containers and recycling bins shall be fully enclosed and
screened from public view, through the use of decorative brick or concrete block walls, or
solid board fences, or landscape elements.
36.
Commercial dumpsters, refuse containers and recycling bins shall be located no closer than
2 ft (0.6 metres) from any rear or side lot line.
37.
Notwithstanding Part 6 Sections 33 and 34 outdoor storage associated with garden markets
is permitted within all zones providing it is screened with opaque screening, excluding
chain-link or any other type of open fencing.
38.
Any area devoted to outdoor storage shall not exceed twenty (20) per cent of the lot area.
Sackville Drive Land Use By-law
Page 34
39.
No outdoor storage shall be permitted within any required front or side yard.
40.
No outdoor storage or outdoor display shall be permitted within any yard in any zone where
such yard abuts any residential or community use or zone, except where a fence or other
visual and physical barrier is provided with the abutting yard, excluding chain-link or any
other type of open fencing.
Public Transit Facilities (RC-Jun 25/14;E-Oct 18/14)
41.
Public transit facilities shall be permitted in all zones and shall not be required to
conform to any zone requirements.
Public Transit Facilities Within The 1994 (RC-Apr 29/25;E-May 26/25) Flood Plain
(P-3) Zone
(RC-Jun 25/14;E-Oct 18/14)
42.
Notwithstanding Section 42, within the 1994 (RC-Apr 29/25;E-May 26/25) Flood Plain
(P-3) Zone, 2024 FWO (Floodway Overlay Zone and 2024 FFO (Flood Fringe
Overlay) Zone, (RC-Apr 29/25;E-May 26/25) public transit facilities shall be limited
to transit shelters and stops, and for greater certainty shall exclude transit terminals.
(RC-Jun 25/14; M- Sep 16; E-Oct 18/14)
Cannabis-Related Uses (RC-Sep 18/18;E-Nov 3/18)
43.
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).
ACCESS
44.
Access for Multiple Unit Dwellings constructed after May 7, 2002 shall be permitted
over the LS (Large Scale Commercial) Zone through a registered easement no less
than 3.0 metres wide. (NWCC-Jun 20/22;E-Jul 6/22)
SHORT-TERM RENTALS (RC-Feb 21/23;E-Sep 1/23)
45.
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;
Sackville Drive Land Use By-law
Page 35
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 shall be provided for each bedroom to be rented.
Sackville Drive Land Use By-law
Page 36
PART 7:
GENERAL STREETSCAPE DESIGN
SIGNAGE
General
1.
Where this part is inconsistent with the regulations respecting advertising signs on or near
public highways, made or administered by the Department of Transportation and
Communications, the more restrictive regulations shall apply.
2.
No person shall erect a sign 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.
2A
TEMPORARY SIGNAGE (RC-Sep 26/06;E-Nov 18/06)
(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.
2B
All signs shall be located on the lot containing the business being advertised.
(NWCC-May 26/05;E-May 28/05)
Number of Signs
3.
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 premise.
4.
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.
5.
No more than two (2) signs shall be located on any premises, except on a corner lot where
one (1) additional sign may be erected. For purposes of this Section, signs enumerated shall
not be counted. Canopies and Awnings are exempt from this provision. (NWCC-May
26/05;E-May 28/05)
Signs Permitted in all Zones
6.
The following signs shall be permitted in all zones and in addition to any signs permitted
according with this section:
(1)
Any sign which has an area of no more than two (2) square feet (0.2 m2) and which
identifies the name and address of a resident;
(2)
Any sign which has an area of no more than two (2) square feet (0.2 m2) and which
Sackville Drive Land Use By-law
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regulates the use of property, as do "no trespassing" signs;
(3)
Any real estate sign which has an area of no more than eight (8) square feet (0.7 m2)
in any Residential Zone or twenty-four (24) square feet (2.2 m2) in any other zone;
(4)
Any sign which has an area of no more than five (5) square feet (0.5 m2) and which
regulates or denotes the direction or function of various parts of a building or
premises, including parking and traffic areas;
(5)
Any sign which has an area of no more than fifty (50) square feet (4.6 m2) and which
is incidental to construction;
(6)
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;
(7)
Any flag, insignia, notice or advertising of any charitable, religious or fraternal
organization; or
(8)
Any memorial sign, plaque or tablet.
(9)
Any third party sign erected as secondary signage on a sign for a non-profit or
community group or organization. (NWCC-May 26/05;E-May 28/05)
Signs Prohibited in all Zones
7.
The following signs shall not be permitted in any zone:
(1)
Any sign which 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;
(1a)
Any sign proximate to a road, driveway or parking area which creates an
unsafe visual barrier or obstructs the function of such use. (NWCC-May
26/05;E-May 28/05)
(2)
Any sign which obstructs free ingress to or egress from a fire escape door, window
or other required exit;
(3)
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;
(4)
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;
(5)
Any searchlight, string light, spinner or streamer except for string lights and pennant
flags used in conjunction with permitted outdoor display courts and, except for
occasions such as grand openings, county fairs and public festivals, or used as
temporary holiday decorations;
(6)
Any sign painted on a tree, stone, cliff or other natural object; or
(7)
Any sign which is not related to any business or use located on the lot or premises.
(8)
Any sign which creates a hazard to the public;
(9)
Any sign which resembles traffic control signs of any public authority, whether
by shape, colour, message or location which would interfere with or confuse
traffic along a public road;
(10)
Any sign which advertises a product which is no longer sold or a business which
is no longer in operation;
(11)
Any sign which is not located on the same lot as the commercial establishment,
which states the name of the said establishment and the type of business or
Sackville Drive Land Use By-law
Page 38
products of said establishments. (NWCC-May 26/05;E-May 28/05)
Projection Signs
8.
No projecting sign shall:
(1)
exceed twenty (20) square feet (2 m2) in area for that portion of the sign which
projects beyond any wall or roof;
(2)
project horizontally more than six (6) feet (1.8 m) from any wall to which it is
attached;
(3)
project over a public right-of-way or day lighting triangle;
(4)
be erect below a height of ten (10) feet (3 m) or exceed a height of thirty-five (35)
feet (10.7 m); or
(5)
be permitted to swing freely on its supports;
(6)
project above the eaves, parapet or roof line of the buildings; or
(7)
canopies and awnings incorporating signage are not subject to subsections 1),
2), 3), 4) and 6). (NWCC-May 26/05;E-May 28/05)
Ground Signs
9.
No ground sign shall:
(1)
exceed a height of
(a)
twenty-five (25) feet (7.6 m) in the Downsview Complex Zones (DC-1,
DC-2, and DC-3) and the Large Scale Commercial Zone (LS);
(b)
fifteen (15) feet (4.5 m) for single tenant buildings and twenty (20) feet
(6.1 m) for multi-tenant buildings in the Pedestrian Retail Zone (PR)
and Pinehill/Cobequid Zone (PC); and
(c)
twenty (20) feet (6.1 m) for single tenant buildings and twenty-five (25)
feet (7.6 m) for multi-tenant buildings in the Pedestrian Retail Zone
(PR) and Pinehill/Cobequid Zone (PC) provided the sign includes
changeable copy signage. (NWCC-May 22/08;E-Jun 7/08)
(2)
extend beyond a property line or project over a public right-of-way, day lighting
triangle, driveway or parking space; or
(3)
be less than ten (10) feet (3 m) from any street;
(4)
be permitted in the Community Parkland and Facilities Zone (CP) and
Floodplain Zone (P-3);
(5)
Where a multiple tenancy building is occupied by more than one (1) separate
business, each business shall be considered to be a separate premise for the
purpose of determining the number of signs permitted. Notwithstanding,
only one ground sign shall be permitted per multiple tenancy building or one
ground sign per 400 feet (121.9 m) of street frontage;
(6)
Landscaping shall be provided at the base of a ground sign. Landscaping
shall consist of either planter boxes, shrubs and/or flower beds or a
combination thereof. If landscape planters are utilized, the planters shall be
constructed of a natural material and shall be a minimum of 2 feet (0.6m) wide
and 3 feet (0.9m) high; or
(7)
A ground sign and the required landscaping as described above may be placed
Sackville Drive Land Use By-law
Page 39
within the required landscaping setback as specified in Part 7 Section 41 to 45.
This provision does not apply to the HRM right-of-way portion of a landscape
setback; (NWCC-Sep 12/06;E-Sep 29/06)
(8)
The maximum number of sign faces shall be two, which shall be affixed back
to back;
(9)
The maximum area per sign face shall be 2.97 square metres (32 square feet)
for a sign with a maximum height of twenty-five (25) feet (7.6 m) in the
Downsview Complex Zones (DC-1, DC-2, and DC-3) and the Large Scale
Commercial Zone (LS) with the exception of the following:
-
a maximum of 9.29 square metres (100 square feet) on any lot smaller
than 4000 square metres (43057 square feet),
-
a maximum of 11.62 square metres (150 square feet) on lots between
4000 square metres and 12000 square metres (2.96 acres), and
-
a maximum of 18.58 square metres (200 square feet) on any lot larger
than 12000 square metres (2.96 acres).
(10)
exceed a sign face width of eight (8) feet (2.4 m) for single tenant buildings and
twelve and a half (12.5) feet (3.8 m) for multi-tenant buildings in the Pedestrian
Retail Zone (PR) and Pinehill/Cobequid Zone (PC). All portions of the sign
cannot exceed a total width of fifteen (15) feet (4.5 m) for single tenant buildings
and twenty (20) feet (6.1 m) for multi-tenant buildings in the Pedestrian Retail
Zone (PR) and Pinehill/Cobequid Zone (PC). (NWCC-May 22/08;E-Jun 7/08)
(11)
be permitted in the Pedestrian Retail Zone (PR) and Pinehill/Cobequid Zone
(PC) without clearly legible site identification signage listing the civic number
and street name of the building. Site identification signage must be located at
the top, the bottom or side of sign structure adjacent to the street. (NWCC-
May 22/08;E-Jun 7/08)
(12)
include changeable copy signage exceeding forty (40) square feet (3.7 sq.m) for
single tenant buildings and fifty (50) square feet (4.6 sq.m) for multi-tenant
buildings in the Pedestrian Retail Zone (PR) and Pinehill/Cobequid Zone (PC).
(NWCC-May 22/08;E-Jun 7/08)
Facial Signs
10.
No facial sign shall:
(1)
extend above the top of the wall on which it is attached; or
(2)
project or extend (NWCC-May26/05;E-May28/05) beyond the extremities of the
wall on which it is attached.
(3)
include more than one message for each business premise in the building on
which it is affixed where the building contains multiple occupancies; or
(4)
have an area which exceeds ten (10) percent of the area of the wall on which it
is attached.
10(a) Canopies/Awnings
(1)
Canopies and awnings attached to walls shall not project more than 4 feet (1.2
m) over a public sidewalk. Canopies and awnings shall be self supporting and
shall be placed a minimum height of 9 feet (2.7m) above a sidewalk. Signage
Sackville Drive Land Use By-law
Page 40
may be included as an integral part of an awning or canopy.
(2)
If signage is included as an integral part of an awning or canopy, the awing or
canopy shall be considered or counted as part of the maximum number of signs
permitted in accordance Part 7 Section 5.
10(b) Window Signs
(1)
Window signs shall not: a) exceed 25% of the window area; b) exceed 25% of
the glass area of a door area. For the purposes of this section, area shall be
calculated on the basis of the smallest geometric shape which will contain the
entire message.
10(c) Roof Signs
(1)
Roof signs shall be prohibited.
10(d) Billboards
(1)
Billboards shall be prohibited.
10(e) Pennants and Banners
(1)
Pennants and Banners shall be prohibited except in accordance with Part 7
Section 7: Signs Prohibited in all Zones Subsection 12. (NWCC-May 26/05;E-
May 28/05)
ARCHITECTURE
Within all Zones
11.
In all zones, architectural elements shall be incorporated into all building facades and walls
which face Sackville Drive, Downsview Thoroughfare (NWCC-May 26/05;E-
May28/05) or a side street(s) off Sackville Drive (i.e. corner lot) (NWCC-May 26/05;E-
May28/05). Within all zones, the following architectural elements shall be incorporated,
unless otherwise specified in this Bylaw:
(1)
within all zones, a combination of arcades, display windows, entry areas, awnings,
or other such features shall be incorporated into all commercial, institutional and
residential facades along no less than 60% of their horizontal length facing
Sackville Drive as generally shown and described in Schedule 'D'(NWCC-May
26/05;E-May 28/05) of the Secondary Planning Strategy;
Sackville Drive Land Use By-law
Page 41
(2)
within all zones, no uninterrupted length of any facade shall exceed 30.5 horizontal
metres (100 feet). Wall plane projections or recesses shall be incorporated into all
facades greater than 30.5 metres (100 feet) in length, measured horizontally, having
a depth of a least 3% of the length of the facade and extending at least 20% of the
length of the facade;
(3)
within all zones except the Downsview Complex Zones (DC-1, DC-2, DC-3), one
clearly defined, visible entrance way shall be provided on the facade oriented to the
Sackville Drive shall be provided for all uses as generally shown and described in
Schedule 'D' (NWCC-May 26/05;E-May 28/05) of the Secondary Planning
Strategy. The entrance way and front facade shall include no less than three of the
following elements:
(a)
canopies or porticos
(b)
overhangs
(c)
recesses/projections
(d)
arcades
(e)
raised corniced parapets over the door
(f)
peaked roof forms
(g) outdoor patios
(h) display windows
WINDOWS
AWNINGS
ENTRY AREAS
ARCADES
Reveals
Projecting Ribs
Offsets
Building Wall
Sackville Drive Land Use By-law
Page 42
(i)
architectural details such as tile work, and moldings which are integrated
into the building
(j)
integral planters or wing walls that incorporate landscaped areas and sitting
places; and
(k)
or any other similar architectural treatment deemed to be an acceptable
equivalent;
(4)
within the Downsview Complex Zones (DC-1, DC-2, DC-3), all buildings shall
provide a clearly defined, visible entrance way on the facade which is oriented to
face the internal circulation network of the Downsview Complex (DC) zone area.
All buildings within 30.5 metres (100 ft) of Sackville Drive or other public right-
of-way shall provide an additional entrance way on the facade oriented towards
Sackville Drive. These entrance way(s) and facades shall include no less than
three of the following:
(a)
canopies or porticos
(b)
overhangs
(c)
recesses/projections
(d)
arcades
(e)
raised corniced parapets over the door
(f)
peaked roof forms
(g)
outdoor patios
(h)
display windows
(i)
architectural details such as tile work, and moldings which are integrated
into the building;
(j)
integral planters or wing walls that incorporate landscaped areas and sitting
places; and
(k)
or any other similar architectural treatment deemed to be an acceptable
equivalent;
(5)
within all zones, building lines shall be generally parallel and perpendicular to the
street line;
(6)
within all zones, Strip Malls, Shopping Plaza's, and Shopping Centres shall have at
least one defined entrance way for each leasable space, business or occupancy with
an external access. The defined customer entrance way shall conform to the above
requirements of Part 7 Section 11(3);
(7)
within all zones, all windows, except for commercial storefronts at grade, shall be
treated as individual openings in the wall surface; continuous bands of horizontal
glazing shall not be permitted except for storefronts at grade. Total window area per
building face shall not exceed 50%. Windows shall be accentuated by design details
(i.e. arches, hoods, moldings, decorative lintels, pediments, sills);
(8)
within all zones all roofs shall be articulated with a minimum of one of the following
features repeated at a rate of one per 6.1 meters (20 feet), horizontally:
(a)
dormers
(b)
parapet
(c)
bay windows
(d)
sheds
(e)
roof windows
(f)
roof terraces
Sackville Drive Land Use By-law
Page 43
(g)
cornices (NWCC-Sep 12/06;E-Sep 29/06)
(h)
or any other similar architectural treatment deemed to be an acceptable;
Where a flat roof or horizontal roof form is proposed the above
elements or any similar architectural treatment shall be incorporated
into the roof design to reduce the visual appears of the flat roof or
horizontal roof form from the street (any street) or abutting residential
property. (NWCC-Sep 12/06;E-Sep 29/06)
(9)
within the Downsview Complex Zones (DC-1, DC-2, DC-3) flat roofs shall be
permitted if (NWCC-May 26/05;E-May 28/05) a parapet wall or similar structure
is provided and is facing the internal circulation network of the Downsview
Complex zones or Sackville Drive (whichever is relevant) at intervals of 9.1
metres (30 ft), horizontally, in order to create the illusion of roof pitch; and
(10)
within all zones, rooftop equipment, including, but not limited to, satellite and other
telecommunication equipment, air handling units, elevator equipment, cooling
towers and exhaust fans shall to be screened (visually). The screening shall include
but not limited to parapets and enclosures as defined in Part 7 Section 11 (8).
Building screens shall be part of the architectural design with similar detailing and
materials and not appear as add-ons.
12.
Within all zones, architectural elements defined in Part 7 Section 11 (2), (5), (8), (9) and
(10) shall be incorporated along or into all facades which are (NWCC-May 26/05;E-May
28/05) visible from the Beaver Bank Connector and Highway #1.
13.
Notwithstanding Part 7 Section 11 (1) through to Section 11 (10), a change in use or
occupancy within an existing building or structure (no proposed addition) shall only
comply with Part 7 Section 11 (3) and (4).
Additional Requirements: Multiple Unit Buildings and Shared Housing with greater
than 10 bedrooms in a building (RC-Aug 9/22;E-Sep 15/22)
14.
Exterior cladding of all new multiple unit buildings and shared housing uses (RC-Aug
9/22;E-Sep 15/22) shall consist of brick, stone, wood shingle, wood siding, wood
clapboard, or vinyl siding or a combination thereof. Where vinyl or other synthetic siding
is used, it shall have a narrow course width resembling traditional wooden clapboards and
windows, doors, and corners shall be trimmed in the traditional manner. Contrasting
architectural detailing shall be provided to enhance the appearance of the building.
Windows, doors, and corners shall be accentuated by trim or other design details (moldings,
decorative lintels, pediments, sills, etc.). In the case of a brick or block building, a
contrasting color should be used and other decorative elements shall be encouraged as
generally shown and described in Schedule 'B' of the Secondary Planning Strategy.
Additional Requirements: Townhouses
15.
Garages shall be encouraged. Where an attached or detached garage is proposed, the
garage shall not extend beyond the primary front facade of the dwelling and shall be set
back a minimum of 3.1 metres (10 ft) from the primary front facade of the building.
Sackville Drive Land Use By-law
Page 44
PARKING LOTS, DRIVEWAYS AND LOADING AREA
Parking Space Requirements
16.
For every building or structure to be erected or enlarged, off-street parking located within
the same zone and same lot (except in accordance with Part 7 Section 23 (12) and (13), as
the use and having unobstructed access to a public street shall be provided and maintained
in conformity with the following schedule:
16(a) Notwithstanding, the requirements for parking spaces in this By-law, the
Development Officer may grant a variance from the parking space requirements
detailed below provided there is no intentional disregard for this By-law or for the
intent of the By-law and the difficulty is not general to the area. (RC-Sep 5/06;E-Oct
7/06)
SPACES
Proposed Use
Space(s) Required Measurement Type (all square footage
based on gross floor area unless
specified otherwise)
- Any dwelling
0 (RC-May 23/24;E-
Jun 13/24)
- Shared House Use (RC-Aug 9/22;E-
Sep 15/22
0
Retail
Stores,
Office,
Financial
Institutions, Service and Personal Service
Shops: (NWCC-Sep12/06;E-Sep29/06)
- exceeding 5,000 sq ft (464.5m²) of gross
floor area
4 (NWCC-Sep
12/06;E-Sep 29/06)
Per 1,000 sq ft (92.9m²) of gross leasable floor
area
- not exceeding 5,000 sq ft (464.5m²) of
gross floor area
3 (NWCC-Sep
12/06;E-Sep 29/06)
Per 1,000 sq ft (92.9m²) of gross leasable floor
area
Motels, Hotels, and short-term bedroom
rentals (RC-Feb 21/23;E-Sep 1/23)
1
Per sleeping unit plus requirements for
associated uses such as restaurants or other
facilities contained therein
Grocery Store
- up to 10,000 sq ft
1
Per 200 sq ft (18.6m²) of gross leasable floor
area
- from 10,000 sq ft to 30,000 sq ft
1
Per 300 sq ft (27.9m²) of gross leasable floor
area
- greater than 30,000 sq ft
1
Per 400 sq ft (37.2m²) of gross leasable floor
area
Restaurants
- Full Service
10 (NWCC-Sep
12/06;E-Sep 29/06)
Per 1,000 sq ft (92.9m²) of gross leasable floor
area devoted to public use (NWCC-
May26/05;E-May28/05)
Sackville Drive Land Use By-law
Page 45
- Drive Thru (NWCC-May26/05;E-
May28/05)
8 (NWCC-Sep
12/06;E-Sep 29/06)
Per 1,000 sq ft (92.9m²) of gross leasable floor
area devoted to public use (NWCC-
May26/05;E-May28/05)
- Take Out
- exceeding 300 sq ft (28m²) of gross floor
area
10 (NWCC-Sep
12/06;E-Sep 29/06)
Per 1,000 sq ft (92.9m²) of gross leasable floor
area devoted to public use
- Take Out
- not exceeding 300 sq ft (28m²) of gross
floor area
5
Lounges, Taverns and Beverage Rooms
10 (NWCC-Sep
12/06;E-Sep 29/06)
Per 1,000 sq ft (92.9m²) of gross leasable floor
Warehouses
2
Per 1,000 sq ft (92.9m²) or 1 space per every 4
employees - whichever is greater
Self-Storage Units
1 space for each employee if full service
office is located on the lot and 1 space for
every 100 storage units. Driveway aisles
shall be a minimum of 20 feet where access
to storage units is only on one side of the
aisle, and 24 feet where access to storage
units is on both sides of the aisle. (NWCC-
May26/05;E-May28/05)
Automotive Repair
1
Per 400 sq ft (37.2m²) of office/reception area
and 1 space per service bay
Proposed Use
Space(s) Required
Measurement Type (all square footage
based on gross floor area unless specified
otherwise)
Automotive Sales and Outdoor Display
Courts
1
Per 3,000 sq ft (37.2m²) of outdoor sales area,
and Per 400 sq ft (37.2m²) of indoor sales and
office area
Theaters
1
Per 5 seats
Institutional Uses
except as specified below:
the greater of 1 space per 4 seats, where there
are fixed seats and 1 space per 100 square feet
(9.3m²) of gross floor area where there are no
fixed seats, or 1 space per 4 persons which can
be accommodated at any one time
- Government Offices
4.5
Per 1,000 sq ft (92.9m²) of gross leasable floor
- Schools
- Elementary School
6 spaces for use of visitors in addition to the
greater of 1.5 spaces per classroom or 1
parking space per 32.3 sq ft (3m²) of floor
area in the gym or auditorium (NWCC-
Sep12/06;E-Sep29/06)
- Junior High School
8 spaces for use of visitors in addition to the
greater of 4 spaces per classroom or 1
parking space per 32.3 sq ft (3m²) of floor
area in the gym or auditorium (NWCC-
Sep12/06;E-Sep29/06)
Sackville Drive Land Use By-law
Page 46
- High School
8 spaces for use of visitors in addition to the
greater of 4 spaces per classroom or 1
parking space per 32.3 sq ft (3m²) of floor
area in the gym or auditorium (NWCC-
Sep12/06;E-Sep29/06)
- Other
3
Per classroom
Hospital, Multiple Service Centre
2
Per bed
Medical, Dental, or any Health Practitioner
(including Veterinary Clinic)
2 (NWCC-Sep
12/06;E-Sep 29/06)
Per consulting room
Day Care Facilities
1.5
Per 400 sq ft (37.2m²) of gross leasable floor
area
Funeral Homes
15
Library, Museum or similar use
1
Per 400 sq ft (37.2m²) of gross leasable floor
area
Any uses not specified above
3 (NWCC-Sep
12/06;E-Sep 29/06)
Per 1,000 sq ft (92.9m²) of gross leasable floor
area
17.
The parking requirements for multiple occupancy buildings which contain a mix of different uses
shall be determined by calculating the sum of the parking requirements for each use and then
reducing the number by twenty percent (20%) to allow for the shared usage of spaces by building
occupants.
Standards for Mobility Disabled Parking Spaces:
18.
Notwithstanding Part 7 Section 16, reserved parking spaces for the mobility disabled shall be
provided in addition to the required spaces in conformity with the following schedule:
MOBILITY DISABLED SPACES
Proposed Use
Space(s) Required Measurement Type (all square footage
based on gross floor area unless
specified otherwise)
Medical Clinics of any health practitioner
1
Reserved parking spaces for the mobility
disabled per 5-15 parking spaces required 1
additional parking space for each additional 15
required space or part thereof to a maximum
of 10 spaces
Multiple Unit Dwellings
0 (RC-Dec 11/25;E-
Feb 2/26)
(Deleted: RC-Dec 11/25;E-Feb 2/26)
Restaurants and Theater
1
Reserved parking spaces for the mobility
disabled per 50 seats to a maximum of 10
spaces
Sackville Drive Land Use By-law
Page 47
All other uses excluding residential,
(RC-Dec 11/25;E-Feb 2/26) fire stations,
and any industrial use which does not
have a retail function
1
Reserved parking space for the mobility
disabled per 15-100 parking spaces required 1
additional space for each additional 100
required space or part thereof to a maximum
of 10.
19.
Each reserved parking space shall contain an area of not less than 22.3 m² (240 ft ²)
measuring 3.6 m (12 ft) by 6.1 m (20 ft).
20.
Where the limits of the parking lot are defined by a curb, the parking lot shall be provided
with a ramped curb as close as possible to the location which it is intended to serve and in
no case shall it be further than 91.4 metres (300 feet) from the location which it is intended
to serve.
21.
Each Mobility Disabled parking space shall be located as close as possible to the location
it is intended to serve.
22.
Each Mobility Disabled parking space shall be clearly identified by a ground sign not
exceeding 0.9 metres (3 feet).
Standards For Parking Areas
23.
Where parking facilities for more than three (3) vehicles:
(1)
All parking areas including individual parking spaces, visitors and service spaces
shall be clearly marked;
(2)
Individual parking spaces shall be 2.7 metres x 5.5 metres (9' x 18') except in the
case of Mobility Disabled parking. Curb parking shall be 2.4 metres x 6.4 metres
(8' x 21'). All parking areas including driveways and maneuvering areas shall be
maintained with a permanent hard surface and shall be defined by a concrete curb,
ornamental brick, planting or other landscaped feature(s);
(3)
All parking areas, except within the Downsview Complex (DC) zone, shall be
located to the side or rear of buildings. Notwithstanding, a maximum of 20% of
the total required parking spaces may be provided in the front of the building facing
Sackville Drive;
(4)
Notwithstanding Part 7 Section 23 (3), the requirement of parking areas being
located to the side and rear yard of a building shall not apply under the following
three conditions:
- change in use or occupancy within an existing building or structure; or
- the existing building/structure or parking lot is situated on a lot where it cannot
reasonably satisfy Part 7 Section 23 (3); and
- topographic constraints where it cannot reasonably satisfy the requirements of Part
7 Section 23 (3);
(5)
The parking area shall be maintained with a stable surface that is treated to prevent
the raising of dust and loose particles;
(6)
All parking areas shall provide for ingress and egress of motor vehicles to a street
or highway by means of driveways, aisles or maneuvering areas where no parking
or storage of motor vehicles is permitted. These areas shall be defined by concrete
Sackville Drive Land Use By-law
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curb, ornamental brick, planting or other appropriate landscaping feature(s);
(7)
In all parking lots that have greater than ten (10) parking stalls, curbs or other
appropriate methods of delineating a pedestrian right of way and travel ways shall
be provided to ensure safety between pedestrian and vehicular movements;
(8)
No parking area shall be immediately adjacent to doors or passage ways from
buildings. Where windows and doors exist on the ground floor of a residential
building, no parking shall be located within 6.1 metres (20 feet) of such windows
and doors;
(9)
All parking areas shall provide maneuvering areas to permit vehicles to leave the
property in a forward motion. 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 3 metres (10 ft) for one-way traffic and a minimum of 6.1 metres (20
ft) for two-way traffic (NWCC-May 26/05;E-May 28/05);
(10)
All parking layouts shall make provision for the stock-piling of snow in a manner
which will not reduce the amount of required parking space available; or reduce
visibility within corner vision triangles of adjacent street intersections and corner
vision triangles at the intersection of the driveway(s) with the street;
(11)
Where a parking area for a multiple-unit residential building or a commercial
building abuts an existing or designated residential uses, such parking areas shall
be screened by a minimum 1.2 metres (4 ft) high opaque fence or a minimum 1.2
metres (4 ft) high buffer or combination thereof which provides a visual barrier and
separation. For the purpose of this section, a buffer shall mean a separation
distance which contains existing trees/shrubs or newly planted trees/shrubs;
(12)
If off street parking is available on a permanent basis within 91 metres (300 feet) of
the building and clearly signed to indicate the use it is intended to serve, the parking
requirements shall be deemed to be satisfied;
(13)
Shared parking shall be encouraged were parking lots can be located in the side
yards of two abutting and adjoining lots. A defined travel way shall be provided
for shared parking lots and shall be defined by concrete curb, ornamental brick,
planting or other landscaping feature(s); and
(14)
Notwithstanding Section 23 (3) and (4), a maximum of eight (8) parking spaces
may be permitted within the front yard of PID 40003766 (541 Sackville Drive)
provided the parking spaces are divided by a pedestrian pathway connecting
Sackville Drive and the front facade of the building.
Standards For Driveways
24.
One (1) driveway shall be permitted for any lot along Sackville Drive.
25.
Notwithstanding Part 7 Section 24, two (2) driveways may be permitted to serve any lot
along Sackville Drive of more than 30.48 metres (100 feet) but less than 180 metres (600
feet) of frontage on a Sackville Drive.
26.
Notwithstanding Part 7 Section 24 and 25, any lot with more than 180 metres (600 feet) of
frontage along Sackville Drive shall be permitted an additional driveway for each
additional 150 metres (500 feet) of lot frontage on the street.
27.
Driveways and parking areas may cross abutting property lines where an easement is
Sackville Drive Land Use By-law
Page 49
provided.
28.
Driveways shall be constructed pursuant to the HRM Bylaw Respecting Streets, as
amended from time to time.
Parking for Bicycles
29.
Deleted (RC-Jun 27/06;E-Aug 26/06)
30.
Deleted (RC-Jun 27/06;E-Aug 26/06)
31.
Deleted (RC-Jun 27/06;E-Aug 26/06)
32.
Deleted (RC-Jun 27/06;E-Aug 26/06)
Parking Area Landscaping Requirements
33.
All parking lots with twenty (20) or more parking spaces, such parking lots shall have ten
(10) percent of their 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
planting areas which are used for the separation between banks of parking stalls shall be a
minimum of 1.2 metres (4 feet) in width and may be calculated as impervious surface where
applicable. For clarification, any new building or existing buildings (including additions
and expansions) shall comply.
Tree Species from Appendix B: Sackville Drive Recommended Tree Species shall be
utilized at a rate of 1 tree per ten (10) parking spaces.
34.
Where a change in use results in a requirement for additional parking of 20 or more spaces
the parking area landscaping requirements of Part 7 Section 33 shall apply.
Notwithstanding, where the existing building location or topographic constraints of the lot
prevents the developer from satisfying requirement, a lesser degree of landscaping shall be
required. A lesser degree of landscaping within the parking lot shall refer to but not
limited to, the one of the following:
(1)
a minimum of one street tree per 6.1 metres (20 ft) of building frontage or frontage
of leasable space; or
(2)
landscape area a minimum of 4.6 m² (50 ft²) consisting of no dimension less than
0.6 m (2 ft); or
(3)
a planter(s) constructed of natural material such as but not limited to wood, brick,
stone or concrete and a minimum of 2.3m² (25 ft²).
35.
Further to Part 7 Section 34, the items listed above may be located in any or all of the
following locations:
(1)
along or in close proximity to the front property line;
(2)
along or in close proximity to the side property line; or
(3)
along the front facade of the building.
Sackville Drive Land Use By-law
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36.
Where a change in use or occupancy would not result in a requirement for additional
parking spaces pursuant to Part 7 Section 16 and 18, the parking area landscape
requirements of Part 7 Section 33 shall not apply.
Loading Spaces
37.
In any zone, no person shall erect or use any building or structure for manufacturing,
storage, warehouse, department store, retail store, wholesale store, market, freight or
passenger terminal, hotel, hospital, or other uses involving the frequent shipping, loading
or unloading of animals or goods, unless there is maintained on the same premises with
every such building, structure or use:
Gross Floor Area
No. of Spaces
Less than 464.4 m² (4999 ft²)
0
464.5 -1393.4 m² (5000-14,999 ft²)
1
393.4 -3251.4 m² (15,000-34,999 ft²)
2
More than 3251.5 m² (35,000 ft²)
3
38.
Each loading space shall be at least 3.6 metres (12 ft) by 12.1 metres (40 feet) with a
minimum of 4.3 metres (14 feet) height clearance. No such loading spaces shall be located
within any required front yard or be located within any required yard which abuts any
residential or park zone or use.
39.
Each loading space shall not be obstructed by any other parking space or accessory
structure.
40.
The requirements in Part 7 Section 37 through to 39 may be waived if it is indicated that
the uses which are to occupy a building do not require loading space(s).
40A
Bicycle Parking Facilities (RC-Jun 25/14;E-Oct 18/14)
(1)
For the whole of every building or structure to be erected or for the portion of
a building or structure which is to be enlarged, on-site bicycle parking shall be
provided in accordance with the following table:
Use
Bicycle Parking Requirement
Multiple Unit Dwelling
0.5 spaces per dwelling unit
80% Class A, 20% Class B
Hotels/ Motels/Inns
1 space for every 20 rooms
80% Class A, 20% Class B
Minimum 2 Class B spaces
General Retail, Trade and Service,
Food Store, Shopping Centre,
Restaurants
1 space per 300m² GFA
20% Class A/ 80% Class B
Minimum 2 Class B spaces
Sackville Drive Land Use By-law
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General Office, Banks, Medical
Clinics, Institutional Uses,
Government Buildings
1 space per 500m² GFA
50% Class A/ 50% Class B
Minimum 2 Class B spaces
Auditoriums, Theatres, Stadiums,
Halls
1 space for every 20 seats
20% Class A/ 80% Class B
Minimum of 2 Class B spaces
Maximum of 50 spaces
Schools, Colleges, Universities
1 space for every 250m² GFA
20% Class A/ 80% Class B
Recreation Facilities, Community
Centres, Libraries.
1 space per 200m² GFA
20% Class A/ 80% Class B
Minimum of 2 Class B spaces
General Industrial Uses
1 space per 1000 m² GFA
80% Class A/ 20% Class B
Minimum of 2 Class B spaces
Maximum of 20 spaces
Commercial Parking
Structures/Lots
(>20 Motor Vehicle Spaces)
5% of motor vehicle parking provided
Minimum of 2 Class B spaces
Maximum of 50 spaces
Any Uses Not Specified Above
1 space per 500 m² GFA
50% Class A/ 50% Class B
(2)
Bicycle parking requirements shall not be required for the following land uses:
single, two and three unit dwellings, townhouses, shared housing use, (RC-Aug
9/22;E-Sep 15/22) self storage facilities, car washes, cemeteries and funeral
homes.
(3)
Each Class B bicycle parking space shall:
(a)
be a minimum of 0.6m wide and 1.8m long;
(b)
have a minimum overhead clearance of 2.0m;
(c)
be located a minimum of 0.6m from any wall or other obstruction.
(4)
Access to and exit from Class B bicycle parking spaces shall be provided with
an aisle of not less than 1.2m in width, to be provided and maintained beside
or between each row of bicycle parking.
(5)
Class A bicycle parking spaces shall have a minimum door opening of 0.6m, be
no less than 1.8m long and 1.2m in height, with an aisle width of not less than
1.5m. Bicycle rooms and cages for the storage of multiple bicycles shall contain
Class B racks so that individual bicycles are supported.
40B Location of Bicycle Parking
(1)
Class B bicycle parking shall be located no more than 15m from an entrance.
Where there are shelters such as building awnings or overhangs or special
purpose-designed shelters that protect bicycles from the elements, bicycle
parking may be located up to 30m from an entrance.
(2)
Class A bicycle parking may be located up to 200m from an entrance.
(3)
All bicycle parking spaces shall be located on hard surfaces in areas that are
visible and well illuminated.
(4)
Class B spaces shall be located at ground level and visible to passers-by or
building security personnel. Where not immediately visible to passers-by,
directional signage shall be provided.
Sackville Drive Land Use By-law
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40C Special Bicycle Parking Facility Requirements
(1)
Where six (6) bicycle spaces are provided, a reduction of one (1) regular
required motor vehicle parking space may be permitted up to a maximum of
two (2) spaces.
(2)
In any case where enhanced bicycle parking facilities are provided, for every
two enhanced parking spaces, one regular required motor vehicle space may
be eliminated up to a maximum reduction of 10% of the required motor vehicle
parking.
(3)
In cases of 100% lot coverage, Class B bicycle parking may be installed within
the street right-of-way, in accordance with the provisions of the Streets By-law
(S-300), provided it is within 91.4m from the location they are to serve.
LANDSCAPING
41.
In all zones, except the Downsview Complex Zones (DC-1, DC-2, DC-3) and Large Scale
Commercial (LS) Zone, a landscaped area a minimum of 4.6metres (15ft) in depth running
the length of and directly abutting the front lot line (measured from the outside edge of
sidewalk nearest to property line), excluding driveway openings, shall be provided.
Where a sidewalk does not exist the landscape setback shall run the length of the front
property line and measured from the front property line. (RC-Sep 5/06;E-Oct 7/06)
42.
Within the Large Scale Commercial (LS) Zone, a landscaped area of a minimum of 15.2
metres (50 feet) in depth running the length of and directly abutting the front lot line
(measured from the front property line), excluding driveway openings, shall be provided.
Notwithstanding, a landscaped area of a minimum of 4.6metres (15ft) (RC-Sep 5/06;E-
Oct 7/06) in depth running the length of and directly abutting the lot line (measured
from the outside edge of sidewalk nearest to property line (RC-Sep 5/06;E-Oct 7/06))
shall be provided on any property with frontage on Douglas Avenue. (NWCC-May
26/05;E-May 28/05) Where a sidewalk does not exist the landscape setback shall run
the length of the front property line and measured from the front property line. (RC-
Sep 5/06;E-Oct 7/06)
43.
Within the Downsview Complex Zones (DC-1, DC-2, DC-3), a landscaped area of a
minimum of 15.2 metres (50 feet) in depth running the length of and directly abutting the
front lot line (measured from the outside edge of sidewalk nearest to property line)
parallel to Sackville Drive, excluding driveway openings, shall be provided. Where a
sidewalk does not exist the landscape setback shall run the length of the front property
line and measured from the front property line. (RC-Sep 5/06;E-Oct 7/06)
44.
In all zones, the landscaped area shall be grassed, or alternatively, natural ground covers
such as water features, stone (washed or flat), mulch, perennials, annuals, may be utilized.
Within the landscaped area, trees, walls made of natural materials, planters, and shrubs
shall be utilized and shall be planted at a rate of one (1) tree (minium of 45mm caliber) and
three (3) shrubs per 4.6 metres (15 feet) of lot frontage. Tree Species from Appendix B:
Sackville Drive R recommended Tree Species shall be utilized. Planting of one (1) tree
and three (3) shrubs per 4.6 metres (15 feet) feet of lot frontage shall reflect a natural setting
Sackville Drive Land Use By-law
Page 53
thereby grouping of trees and shrubs is encouraged.
45.
Notwithstanding Part 7 Section 44, existing trees and shrubs shall be incorporated into the
landscaped setback, and where possible may be calculated as part of the one (1) tree and
three (3) shrubs per 4.6 metres (15 feet) feet requirement. (RC-Sep 5/06;E-Oct 7/06)
46.
Within all zones, the twenty percent (20%) pervious surface requirement pursuant to this
Bylaw may be included as a component of the landscape requirement identified in Part 7
Section 41through to 45 and Part 6 Section 6 (NWCC-Sep 12/06;E-Sep 29/06). The
20% pervious surface requirement shall not include heavy soil, gravel or other similar
materials.
47.
Where the existing building location or topographic constraints of the lot prevents the
developer from satisfying requirements of Part 7 Section 41 through to 45, a lesser degree
of landscaping shall be required. A lesser degree of landscaping within the parking lot
shall refer to but not limited to, the one of the following:
(1)
a minimum of one street tree per 6.1 metres (20 ft) of building frontage or frontage
of leasable space; or
(2)
landscape area a minimum of 4.6 m² (50 ft²) consisting of no dimension less than
0.6 m (2 ft); or
(3)
a landscape planter constructed of natural material such as but not limited to wood,
brick, stone or concrete and a minimum of 2.3m² (25 ft²).
----------------------------------------80 feet----------------------------------------------
Sackville Drive Land Use By-law
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48.
Pursuant to Part 7 Section 47, the items listed above may be located in any or all of the
following locations:
(1)
along or in close proximity to the front property line;
(2)
along or in close proximity to the side property line; or
(3)
along the front facade of the building.
49.
Ground signs, sandwich boards and temporary mobile signs shall be permitted in the
required landscape areas as defined in this section.
50.
Notwithstanding Section 41, the required 6.1 meters (20 ft.) landscaped area may be
reduced to a minimum of 4.6 meters (15 ft) on PID 40003766 (541 Sackville Drive).
PLANTERS
Sackville Drive Land Use By-law
Page 55
PART 8:
LARGE SCALE COMMERCIAL (LS) ZONE
Permitted Uses
1.
No development permit shall be issued in any LS (Large Scale Commercial) Zone except
for the following:
Commercial Uses
- Big Box (Large Box Retail)
- Retail Stores
- Food Stores
- Building Supply Outlets
- Offices
- Banks and Financial Institutions
- Restaurants (full service, drive-thru and take-out)
- Commercial Entertainment Uses
- Commercial Recreation Uses
- Garden Market and Nurseries associated with Retail Stores
- Automotive Rental Facilities/Car Rental Agency
- Automotive Service Stations
- Taxi and Bus Depots
- Commercial Parking Lot
- Automotive Repair Outlets
- Self Storage Facilities
- Motel/Hotel
- Funeral Home
- Motor Home Sales and Service
- Shopping Centre
- Strip Mall/Shopping Plaza
- Equipment Rental
- Bakeries (including wholesale)
- Service and Personal Service Shops contained with a Big Box (Large Box Retail), Strip
Mall/Shopping Plaza or Existing Multiple Unit Dwelling. (NWCC-May 10/07;E-May
26/07)
- Existing Outdoor Display Courts
- Existing welding, plumbing and heating, electrical, automotive and other trade
contracting services & shops
- Existing Autobody Shop
- Short-term Rentals (RC-Feb 21/23;E-Sep 1/23)
- Short-term Bedroom Rentals (RC-Feb 21/23;E-Sep 1/23)
Institutional and Community Uses
- Educational Institutions (including commercial schools)
- Denominational Institutions excluding cemeteries
- Shared housing use with 10 or fewer bedrooms (RC-Aug 9/22;E-Sep 15/22)
- Medical, Veterinary and Health Service Clinics; outdoor kennels associated with
veterinary clinics are prohibited
Sackville Drive Land Use By-law
Page 56
- Day Care Facilities (RC-Mar 3/09;E-Mar 21/09)
- Civic Buildings including by not limited to public office, post office, fire station, police
station, library, museum, gallery
- Public Transit Terminal (NWCC-May 26/05;E-May 28/05)
- Community/Recreational Centre
- Community Parkland and Facility uses
Residential Uses
- Existing Single Unit Dwellings
- Existing Two Unit (detached and semi-detached) Dwellings
- Existing Townhouses
- Existing Multiple 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)
- Access for Multiple Unit Dwellings constructed after May 7, 2002 (NWCC-Jun
20/22; E-Jul 6/22)
Uses Permitted by Development Agreement
2.
Notwithstanding the provisions of Part 8 Section 1, in any LS Zone, no development permit
shall be issued for new commercial developments with building footprints of less than
10,000 square feet (929 m2) or any proposed expansion to existing commercial
developments which would maintain a total building footprint of less than 10,000 square
feet, (10,000) square feet (929 m2) in any LS zone except (NWCC-May 26/05;E-May
28/05) by development agreement in accordance with the Municipal Government Act.
A service station of any gross floor area shall be exempted from this development
agreement provision. In accordance with Policy DB-2 (a) of the Sackville Drive SPS a
mixed use multiple unit development is permitted at 8 Walker Avenue and 732 Old
Sackville Road by development agreement. (RC-Jul 21/15;E-Sep 12/15)
Lot Provisions
3.
Minimum Lot Area
......................................................2,787 m² (30,000 ft²)
Minimum Lot Frontage
.......................................................30.50 m (100 ft)
Minimum Front/Flankage Yard Setback
.....................................15.25 m (50 ft)
Minimum Rear Yard Setback ....................................6.09 m (20 ft), except18.28 m
(60 ft) where abutting any
residential zone
Minimum Sideyard Setback ..............................................6.09 m (20 ft), 18.28 m
(60 ft) where abutting any
residential zone or use
Maximum Lot Coverage ........................................................................50 %
Minimum Pervious Surface Area ............................................................20 %
Number of Driveways
...................................................One per lot with
frontage less than 30.5 m (100 ft)
Sackville Drive Land Use By-law
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4.
No Development Permit shall be issued until all provisions of Part 8, the provisions of Part
6 (general provisions) and Part 7 (streetscape provisions) have been satisfied.
Sackville Drive Land Use By-law
Page 58
PART 9:
DOWNSVIEW COMPLEX-1 (DC-1) ZONE
Permitted Uses
1.
No development permit shall be issued in any DC-1 (Downsview Complex-1) Zone except
for the following:
Uses
- Shopping Centres containing any of the following uses:
- Retail Stores
- Food Stores
- Offices
- Service and Personal Service Shops
- Health and Wellness Centres (NWCC-May 26/05;E-May 28/05)
- Banks and Financial Institutions
- Restaurants (full service and take-out)
- Commercial Entertainment Uses
- All Age/Teen Club (NWCC-May 26/05;E-May 28/05)
- Commercial Recreation Uses
- Garden Market associated with Retail Stores
- Bakeries
- Automotive Repair Outlets in conjunction with retail store
- Educational Institutions (including commercial schools)
- Denominational Institutions excluding cemeteries
- Medical, Veterinary and Health Service Clinics; outdoor kennels associated with
veterinary clinics are prohibited
- Civic Buildings including but not limited to public office, post office, fire station,
police station, library, museum, and gallery
- Day Care Facilities (RC-Mar 3/09;E-Mar 21/09)
- Community/Recreational Centre
- Commercial Uses:
- Motel/Hotel/Guest Home
- Restaurants (full service, drive-thru and takeout)
(NWCC-Aug 8/16;E-Aug 27/16)
- Short-term Rentals (RC-Feb 21/23;E-Sep 1/23)
- Short-term Bedroom Rentals (RC-Feb 21/23;E-Sep 1/23)
- Big Box (Large Box Retail) containing any of the following uses:
- Retail Stores
- Food Stores
- Offices
- Service and Personal Service Shops
- Health and Wellness Centres (RC-Apr 12/05;E-May 7/05)
- Banks and Financial Institutions
- Restaurants (full service and take-out)
- Commercial Entertainment Uses
Sackville Drive Land Use By-law
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- All Age/Teen Club (RC-Apr 12/05;E-May 7/05)
- Commercial Recreation Uses
- Garden Market associated with Retail Stores
- Educational Institutions (including commercial schools)
- Medical, Veterinary and Health Service Clinics; outdoor kennels associated with
veterinary clinics are prohibited
- Community Parkland and Facility uses
- Residential uses (RC-Dec 11/25;E-Feb 2/26)
Uses Permitted by Site Plan Approval
2.
- Shopping Centres
- Big Box (Large Box Retail)
- Commercial Uses (NWCC-Aug 8/16;E-Aug 27/16)
- Residential uses (RC-Dec 11/25;E-Feb 2/26)
Lot Provisions
3.
Minimum Lot Area................................................. 2,787 m² (30,000 ft²)
Minimum Lot Frontage............................................. 18.3 m (100 ft)
Minimum Front/Flankage Yard Setback........................ 0 m (0 ft) unless otherwise
specified in this Bylaw
Minimum Rear Yard Setback.................................... 0 m (0 ft) unless otherwise
specified in this Bylaw
Minimum Sideyard Setback....................................... 0 m (0 ft) and 18.28 m (60 ft)
where abutting any
residential zone or use,
unless otherwise specified in
this Bylaw
Maximum Lot Coverage.......................................... 80 %
Number of Driveways............................................. One per lot with frontage less
than 30.5 m (100 ft)
SITE PLAN APPROVAL
4.
No development permit shall be issued for a shopping centre, commercial use ((NWCC-
Aug 8/16;E-Aug 27/16), residential use (RC-Dec 11/25;E-Feb 2/26) or a big box (large
box retail) in the DC-1 (Downsview Complex-1) Zone prior to the Development Officer
granting Site Plan Approval. Applications for site plan approval shall be in the form
specified in Appendix A. All applications shall be accompanied by a plan or sketch of
sufficient detail to address all of the matters identified in this Section. Notwithstanding,
site plan approval shall not be required for a change in use or occupancy within an existing
building, internal renovations with no external renovation or modifications to an
existing building, (RC-Apr 12/05;E-May 7/05) or any signage associated with a change
in use or occupancy.
Sackville Drive Land Use By-law
Page 60
5.
Where provisions of the Site Plan Approval conflict with Part 6 and Part 7, the Site Plan
Approval provisions shall prevail.
General Requirements for Site Plan Approval: Shopping Centres, Commercial Uses
((NWCC-Aug 8/16;E-Aug 27/16) and Big Box (Large Box Retail)
6.
All shopping centres (including expansions) within the Downsview Complex-1 (DC-1)
zone shall be subject to the approval of a Site Plan.
7.
The Development Officer shall approve a site plan where the following matters have been
addressed:
(1)
a left-hand turn lane stall to allow easy left turns from the mall as generally shown
on Schedule C;
(2)
safe pedestrian linkages connecting the Mall to the parking lots, public transit
system, the Plaza and Sackville Drive. The pedestrian linkages may be a
combination of crosswalks, sidewalks and trails. Paint striping to accentuate these
areas shall be prohibited;
(3)
at intersections, crosswalks and main building entries, a change in sidewalk color,
texture, raised or material shall been utilized. Paint striping to accentuate these
areas shall be prohibited;
(4)
sidewalks along the entire front facade of the building (i.e. Downsview Mall);
(5)
landscape elements such as but not limited to small shrubs, trees, benches, lighting,
and planters are provided along the entire front facade of the building (i.e.
Downsview Mall) and a means of (a) providing a pleasant pedestrian atmosphere,
(b) a natural buffer between the parking lot and the sidewalk and (c) minimize scale
of the building;
(6)
landscape elements including but not limited to light poles, furniture clusters,
seating, trees, shrubs and planter boxes, are provided in clusters/groupings along
Sackville Drive in the area identified on Schedule C. Each cluster/group contains
a minimum of one (1) benches, one (1) light, one (1) street tree with a combination
of small shrubs, planters and other landscape elements;
(7)
street trees identified in Appendix B are provided along both sides of Walker
Connector thoroughfare at a rate of one (1) tree for every 50 feet as a means of
minimizing visual impact of the large parking lot;
(8)
a ground sign at the intersection of Walker Connector and Sackville Drive is
provided. The ground sign shall incorporate a pedestrian shelter, community
bulletin and seating area. The ground sign shall comply with all applicable signage
regulations with the except of sign area and may be excluded from the permitted
total number of signs requirement; and
(9)
all of the items required by this policy shall be adequately maintained.
Sackville Drive Land Use By-law
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PART 10: DOWNSVIEW COMPLEX-2 (DC-2) ZONE
Permitted Uses
1.
No development permit shall be issued in any DC-2 (Downsview Complex-2) Zone except
for the following:
Uses
- Shopping Centres containing any of the following uses:
- Retail Stores
- Food Stores
- Offices
- Service and Personal Service Shops
- Health and Wellness Centres (NWCC-May 26/05;E-May 28/05)
- Banks and Financial Institutions
- Restaurants (full service, take-out and drive-thru)
- Commercial Entertainment Uses
- All Age/Teen Club (NWCC-May 26/05;E-May 28/05)
- Commercial Recreation Uses
- Garden Market associated with Retail Stores
- Bakeries
- Automotive Repair Outlets in conjunction with retail store
- Educational Institutions (including commercial schools)
- Denominational Institutions excluding cemeteries
- Medical, Veterinary and Health Service Clinics; outdoor kennels associated with
veterinary clinics are prohibited
- Civic Buildings including but not limited to public office, post office, fire station,
police station, library, museum, and gallery
- Day Care Facilities (RC-Mar 3/09;E-Mar 21/09)
- Community/Recreational Centre
- Big Box (Large Box Retail) containing any of the following uses:
- Retail Stores
- Food Stores
- Offices
- Service and Personal Service Shops
- Health and Wellness Centres (RC-Apr 12/05;E-May 7/05)
- Banks and Financial Institutions
- Restaurants (full service and take-out)
- Commercial Entertainment Uses
- All Age/Teen Club (RC-Apr 12/05;E-May 7/05)
- Commercial Recreation Uses
- Garden Market associated with Retail Stores
- Educational Institutions (including commercial schools)
- Medical, Veterinary and Health Service Clinics; outdoor kennels associated with
veterinary clinics are prohibited
- Community Parkland and Facility uses
Sackville Drive Land Use By-law
Page 62
- Residential uses (RC-Dec 11/25;E-Feb 2/26)
Uses Permitted by Site Plan Approval
2.
- Shopping Centres
- Big Box (Large Box Retail)
- Residential uses (RC-Dec 11/25;E-Feb 2/26)
Lot Provisions
3.
Minimum Lot Area
2,787 m² (30,000 ft²)
Minimum Lot Frontage
18.3 m (60 ft)
Minimum front/Flankage Yard Setback
0 m (0 ft) unless otherwise
specified in this Bylaw
Minimum Rear Yard Setback
0 m (0 ft) unless otherwise
specified in this Bylaw
Minimum Sideyard Setback
0 m (0 ft) and 18.28 m (60 ft)
where abutting any
residential zone or use,
unless otherwise specified in
this Bylaw
Maximum Lot Coverage
80 %
Number of Driveways
One per lot with frontage less
than 30.5 m (100 ft)
SITE PLAN APPROVAL
4.
No development permit shall be issued for a shopping centre, residential use (RC-Dec
11/25;E-Feb 2/26) or a big box (large box retail) in the DC-2 (Downsview Complex-2)
Zone prior to the Development Officer granting Site Plan Approval. Applications for site
plan approval shall be in the form specified in Appendix A. All applications shall be
accompanied by a plan or sketch of sufficient detail to address all of the matters identified
in this Section. Notwithstanding, site plan approval shall not be required for a change in
use or occupancy within an existing building, internal renovations with no external
renovation or modifications to an existing building, (RC-Apr 12/05;E-May 7/05) or
any signage associated with a change in use or occupancy.
5.
Where provisions of the Site Plan Approval conflict with Part 6 and Part 7, the Site Plan
Approval provisions shall prevail.
General Requirements for Site Plan Approval:
Shopping Centres and Big Box (Large Box Retail)
6.
All shopping centres (including expansions) within the Downsview Complex-2 (DC-2)
shall be subject to the approval of a Site Plan.
7.
The Development Officer shall approve a site plan where the following matters have been
Sackville Drive Land Use By-law
Page 63
addressed:
(1)
pedestrian linkages connecting the Mall to the parking lots, public transit system,
the Plaza and Sackville Drive. The pedestrian linkages can be a combination of
crosswalks, sidewalks and trails. Paint striping to accentuate these areas shall be
prohibited;
(2)
at intersections, crosswalks and main building entries, a change in sidewalk color,
texture, raised or material has been utilized. Paint striping to accentuate these areas
shall be prohibited;
(3)
additional parking spaces for the purpose of facilitating the "park n ride" facility;
(4)
sidewalks along the entire front facade of the building (i.e. Downsview Plaza);
(5)
landscape elements such as but not limited to small shrubs, trees, benches, lighting,
and planters are provided along the entire front facade of the building (i.e.
Downsview Plaza) and a means of (a) providing a pleasant pedestrian atmosphere,
(b) a natural buffer between the parking lot and the sidewalk and (c) minimize scale
of the building;
(6)
landscape elements including but not limited to light poles, furniture clusters,
seating, trees, shrubs and planter boxes, are provided in clusters/groupings along
Sackville Drive in the area identified on Schedule C. Each cluster/group contains
a minimum of one (1) benches, one (1) light, one (1) street tree with a combination
of small shrubs, planters and other landscape elements;
(7)
street trees identified in Appendix B are provided along both sides of Downsview
Complex Thoroughfare as shown on Schedule C at a rate of one (1) tree for every
50 feet as a means of minimizing visual impact of the large parking lot; and
(8)
all of the items required by this policy shall be adequately maintained.
Sackville Drive Land Use By-law
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PART 11: DOWNSVIEW COMPLEX-3 (DC-3) ZONE
Permitted Uses
1.
No development permit shall be issued in any DC-3 (Downsview Complex-3) Zone except
for the following:
Commercial Uses
- Retail Stores
- Food Stores
- Offices
- Service and Personal Service Shops
- Banks and Financial Institutions
- Restaurants (full service, drive-thru and take-out)
- Commercial Entertainment Uses
- All Age/Teen Club (NWCC-May 26/05;E-May 28/05)
- Commercial Recreation Uses
- Transit (Taxi and Bus) Terminals
- "Park n Ride" Facilities
- Garden Market associated with Retail Stores
- Automotive Repair Outlets in conjunction with retail store
- Self Storage Facilities
- Automotive Service Stations
- Motel/Hotel/Guest Home
- Commercial Parking Lots
- Short-term Rentals (RC-Feb 21/23;E-Sep 1/23)
- Short-term Bedroom Rentals (RC-Feb 21/23;E-Sep 1/23)
Institutional and Community Uses
- Educational Institutions (including commercial schools)
- Denominational Institutions excluding Cemeteries
- Shared housing use with 10 or fewer bedrooms (RC-Aug 9/22;E-Sep 15/22)
- Medical, Veterinary and Health Service Clinics; outdoor kennels associated with
veterinary clinics are prohibited
- Civic Buildings including by not limited to public office, post office, fire station, police
station, library, museum, and gallery
- Community/Recreational Centre
- Community Parkland and Facility uses
Residential Uses
- Multiple Unit Dwellings
- Shared Housing Use (RC-Aug 9/22;E-Sep 15/22)
Uses Permitted by Site Plan Approval
2.
- all Commercial Uses
- all Institutional and Community Uses
- all Residential Uses
Sackville Drive Land Use By-law
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Lot Provisions
3.
Minimum Lot Area................................................. 557.4 m² (6,000 ft²)
Minimum Lot Frontage............................................. 18.3 m (60 ft)
Minimum Front/Flankage Yard Setback........................ 0 m (0 ft) unless otherwise
specified in this Bylaw
Minimum Rear Yard Setback..................................... 0 m (0 ft) unless otherwise
specified in this Bylaw
Minimum Sideyard Setback.......................................0 m (0 ft) and 18.28 m (60 ft)
where abutting any
residential zone or use, unless
otherwise specified in this
Bylaw
Maximum Lot Coverage........................................... 80 %
Number of Driveways.............................................One per lot with frontage less
than 30.5 m (100 ft)
SITE PLAN APPROVAL
4.
No development permit shall be issued in the DC-3 (Downsview Complex-3) Zone prior
to the Development Officer granting Site Plan Approval. Applications for site plan
approval shall be in the form specified in Appendix A. All applications shall be
accompanied by a plan or sketch of sufficient detail to address all of the matters identified
in this Section.
5.
Where provisions of the Site Plan Approval conflict with Part 6 and Part 7, the Site Plan
Approval provisions shall prevail.
General Requirements for Site Plan Approval:
Commercial, and Institutional and Community Uses
6.
All commercial, institutional and community uses, within this zone shall be subject to the
approval of a Site Plan.
7.
The Development Officer shall approve a site plan where the following matters have been
addressed:
(1)
the building is located and orientated within the building envelope as to ensure the
primary facade of the building fronts the internal circulation network (inward focus)
of the Downsview Complex area. Notwithstanding, all buildings located within
30.5 m (100 ft) of Sackville Drive shall be located and orientated within the building
envelope as to ensure primary facades of the building front both the internal
circulation network of the Downsview Complex area and Sackville Drive;
(2)
landscape elements such as but not limited to small shrubs, trees, benches, lighting,
and planters are provided along the entire front facade of the building and a means
Sackville Drive Land Use By-law
Page 66
of (a) providing a pleasant pedestrian atmosphere, (b) a natural buffer between the
parking lot and the sidewalk and (c) minimize scale of the building;
(3)
sidewalks are be provided along the entire front facade of any stand alone building.
(4)
safe pedestrian linkages connecting the proposed building to the parking lots, public
transit system, the Plaza, the Mall and Sackville Drive. The pedestrian linkages
can be a combination of crosswalks, sidewalks and trails. Paint striping to
accentuate these areas shall be prohibited;
(5)
at intersections, crosswalks and main building entries, a change in sidewalk color,
texture, raised or material has been utilized. Paint striping to accentuate these areas
shall be prohibited;
(6)
the building is accessed by the internal circulation network only and that there is no
direct access to Sackville Drive; and
(7)
all of the items required by this policy shall be adequately maintained.
General Requirements for Site Plan Approval:
Residential Uses
8.
All residential uses, within this zone shall be subject to the approval of a Site Plan.
9.
The Development Officer shall approve a site plan where the following matters have been
addressed:
(1)
the building is located and orientated within the building envelope as to ensure the
primary facade of the building fronts the internal circulation network (inward focus)
of the Downsview Complex area. Notwithstanding, all buildings located within
30.5 m (100 ft) of Sackville Drive shall be located and orientated within the building
envelope as to ensure primary facades of the building front both the internal
circulation network of the Downsview Complex area and Sackville Drive;
(2)
safe pedestrian linkages connecting the Multiple Unit Dwellings or Shared
Housing Use (RC-Aug 9/22;E-Sep 15/22) to the parking lots, public transit system,
the Plaza, the Mall and Sackville Drive. The pedestrian linkages can be a
combination of crosswalks, sidewalks and trails. Paint striping to accentuate these
areas shall be prohibited;
(3)
landscape elements such as but not limited to small shrubs, trees, benches, lighting,
and planters are provided along the entire front facade of the building (i.e.
Downsview Plaza) and a means of (a) providing a pleasant pedestrian atmosphere,
(b) a natural buffer between the parking lot and the sidewalk and (c) minimize scale
of the building;
(4)
the building is accessed by the internal circulation network only and that there is no
direct access to Sackville Drive;
(5)
a minimum of 20% of the total land area is grassed or otherwise landscaped; and
(6)
all of the items required by this policy shall be adequately maintained.
Sackville Drive Land Use By-law
Page 67
Additional Requirements:
Multiple Unit Dwelling and Shared Housing Use (RC-Aug 9/22;E-Sep 15/22)
10.
Where any multiple unit dwelling or shared housing use (RC-Aug 9/22;E-Sep 15/22) is
permitted (NWCC-Sep 12/06;E-Sep 29/06), the following shall apply:
(1)
Deleted (RC-Sep 5/06;E-Oct 7/06)
(2)
Amenity space shall be set aside for recreational purposes such as common
recreational areas, play areas, recreational rooms, roof decks, swimming pools,
courtyards, gardens, patios and tennis courts and clearly identified on plans
submitted for a Development Permit. The amenity space shall be provided
based on the type of residential unit as follows:
(a)
One Bedroom/Bachelor:
18.6 sq m (200 sq ft)
(b)
Two Bedroom:
53.4 sq m (575 sq ft)
(c)
Three Bedroom:
88.2 sq m (950 sq ft)
(d)
Four or more Bedroom:
123.1 sq m (1,325 sq ft)
(e)
Shared Housing Use:
18.6 sq m (200 sq ft) per bedroom (RC-Aug
9/22;E-Sep 15/22)
For the purposes of determining amenity space, 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;
(NWCC-Sep 12/06;E-Sep 29/06)
(3)
Deleted (NWCC-Sep 12/06;E-Sep 29/06)
Sackville Drive Land Use By-law
Page 68
PART 12: PEDESTRIAN RETAIL (PR) ZONE
Permitted Uses
1.
No development permit shall be issued in any PR (Pedestrian Retail) Zone except for the
following:
Commercial Uses
- Retail Stores
- Food Stores
- Offices
- Service and Personal Service Shops
- Health and Wellness Centres (NWCC-May 26/05;E-May 28/05)
- Banks and Financial Institutions
- Restaurants (full service and take-out)
- Commercial Entertainment Uses a maximum of 232.3 m² (2,500 ft²) (NWCC-Sep
25/08;E-Oct 11/08) devoted to public use
- All Age/Teen Club (NWCC-May 26/05;E-May 28/05)
- Funeral Parlours and undertaker establishments
- Bakeries/Café's
- Guest Home
- Strip Mall/Shopping Plaza
- Motels, Hotels (NWCC-May 26/05;E-May 28/05)
- Automotive Repair Outlets within the area identified on Schedule E (RC-Sep 5/06;E-
Oct 7/06)
- Outdoor Display Courts within the area identified on Schedule E (RC-Sep 5/06;E-
Oct 7/06)
- Automotive Repair Outlet at 651 Sackville Drive (PID #40003527) (RC-Apr 12/05;E-
May 7/05)
- Existing Commercial Recreation
- Existing Equipment Rental
- Existing Recycling Depots
- Existing Automotive Service Stations
- Existing Automotive Repair Outlets
- Existing Outdoor Display Courts
- Existing Car Wash
- Existing Restaurants (drive-thru)
- Existing welding, plumbing and heating, electrical, automotive, other special trade
contracting services & shops
- Short-term Rentals (RC-Feb 21/23;E-Sep 1/23)
- Short-term Bedroom Rentals (RC-Feb 21/23;E-Sep 1/23)
Institutional and Community Uses
- Educational Institutions (including commercial schools)
- Denominational Institutions excluding Cemeteries
- Shared housing use with 10 or fewer bedrooms (RC-Aug 9/22;E-Sep 15/22)
- Day Care Facilities (RC-Mar 3/09;E-Mar 21/09)
- Civic Buildings including but not limited to public office, post office, visitor information
Sackville Drive Land Use By-law
Page 69
centre, fire station, police station, library, museum, and gallery
- Medical, Veterinary and Health Service Clinics; outdoor kennels associated with
veterinary clinics are prohibited
- Community/Recreational Centre
- Community Parkland and Facility uses
Residential Uses
- Existing Single Unit Dwellings
- Existing Two Unit (detached and semi-detached) Dwellings
- One and Two Dwelling Units in Conjunction With a Commercial Use (RC-Apr
12/05;E-May 7/05)
- Multiple Unit Dwellings
- Shared Housing Use (RC-Aug 9/22;E-Sep 15/22)
Uses Permitted by Development Agreement
2.
Notwithstanding the provisions of Section 12 (1), in any PR Zone, no development permit
shall be issued for a new commercial buildings or structures with a footprint greater than
5,000 square feet (464.5 m²), or any expansion to a building or structure which currently
exceed a footprint of 5,000 square feet (464.5 m²), or any proposed expansion to an existing
commercial building or structure which would result in a total building footprint greater
than 5,000 square feet (464.5 m²) on any PR zoned lot and shall only be considered by
development agreement in accordance with the provisions of the Municipal Government
Act.
Lot Provisions
3.
Minimum Lot Area.............................. 371.6 m² (4,000 ft²)
Minimum Lot Frontage......................... 12.2 m (40 ft)
Minimum Front/Flankage Yard Setback...... 4.6m (15 ft) (RC-Sep 5/06;E-Oct 7/06)
Minimum Rear Yard Setback .................. 4.6 m (15 ft), except where building
abutting any residential zone or use the
setback shall be 4.6m (15ft) or ½ height
building which ever is greater. (RC-Sep
5/06;E-Oct 7/06)
Minimum Sideyard Setback ................... 0 m (0 ft), except 6.1m 20 ft) corner vision
triangle required for corner lot. Where
building abutting any residential zone or
use the setback shall be 4.6m (15ft) or ½
height building which ever is greater.
(RC-Sep 5/06;E-Oct 7/06)
Maximum Height............................... Deleted (RC-Sep 5/06;E-Oct 7/06)
Maximum Lot Coverage......................... 50 %
Minimum Pervious Surface Area............... 20 %
Number of Driveways........................... One per lot with frontage less than 30.5 m
(100 ft)
4.
No Development Permit shall be issued until all provisions of this section and the
Sackville Drive Land Use By-law
Page 70
provisions and guidelines of Part 6 (general provisions) and Part 7 (streetscape provisions)
have been satisfied.
SPECIAL REQUIREMENTS: Multiple Unit Dwellings
5.
Notwithstanding the provisions of Part 12, where any multiple unit dwelling is permitted
(NWCC-Sep 12/06;E-Sep 29/06), the following shall apply:
(1)
where a lot has frontage on Sackville Drive, commercial shall be provided and
located at street level facing Sackville Drive;
(2)
Amenity space shall be set aside for recreational purposes such as common
recreational areas, play areas, recreational rooms, roof decks, swimming pools,
courtyards, gardens, patios and tennis courts and clearly identified on plans
submitted for a Development Permit. The amenity space shall be provided
based on the type of residential unit as follows:
(a)
One Bedroom/Bachelor:
18.6 sq m (200 sq ft)
(b)
Two Bedroom:
53.4 sq m (575 sq ft)
(c)
Three Bedroom:
88.2 sq m (950 sq ft)
(d)
Four or more Bedroom:
123.1 sq m (1,325 sq ft)
For the purposes of determining amenity space, 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.
(NWCC-Sep 12/06;E-Sep 29/06)
(3)
Notwithstanding Subsection 5(1), for any new multi-unit dwelling that begins
construction before April 1, 2028:
(a)
a minimum of 20% of the ground floor abutting the street line shall be
occupied by commercial uses; and
(b)
the remaining ground floor abutting the streetline shall be a permitted
use listed in Part 12 Section 1, or a grade-related dwelling unit.
(c)
For the purpose of calculating the 20% in Subsection 3(a), the following
shall not be counted:
(i)
lobbies,
(ii)
elevators,
(iii)
mechanical areas,
(iv)
vestibules,
(v)
garages, and
(vi)
ramps to access internal motor vehicle spaces.
(RC-Dec 11/25;E-Feb 2/26)
SITE PLAN APPROVAL: Outdoor Display Court and Automotive Repair Outlets
6.
No development permit shall be issued within the area illustrated on Schedule E for
an outdoor display court or an automotive repair outlet prior to the Development
Office granting Site Plan Approval. Applications for site plan approval shall be in
the form specified in Appendix A. All applications shall be accompanied by a plan
or sketch of sufficient detail to address all of the matters identified in this Section.
Sackville Drive Land Use By-law
Page 71
7.
In addition to any other applicable requirements found elsewhere in this By-law, the
following requirements shall apply to all uses subject to site plan approval:
(1)
Location of Building and Structures: Main buildings shall be positioned on the
site as the primary feature and outdoor display areas and parking lots shall be
secondary with the exception of the limited front yard display described below.
(2)
Location of Outdoor Display Area: The outdoor display area shall be
positioned on the site in such a way to minimize public view of the entire
product on display. Front yard display shall be permitted to showcase select
vehicles provided it is achieved in a creative and attractive manner.
(3)
Location of Walkways and Pedestrian Access: Walkways shall be provided
along the front facade of the buildings and to the entrance of the buildings.
(4)
Location of Outdoor Lighting: Lighting shall be directed to driveways,
loading area, building entrances and walkways and shall be arranged so as to
divert the light away from streets, adjacent lots and buildings. Lighting shall
be permitted for the outdoor display area for the purpose of safety and security
and shall not be permitted for night time display of product or merchandise.
(5)
Location of Service Bays: Service bays shall be located in such a way to ensure
they are not visible from Sackville Drive for all new buildings and major
renovations/additions. Features such as but not limited to architectural
treatments, landscaping, and fencing may be utilized to achieve this provision.
(RC-Sep 5/06;E-Oct 7/06)
Sackville Drive Land Use By-law
Page 72
PART 13: ACADIA VILLAGE CENTRE (VC) ZONE
Permitted Uses
1.
No development permit shall be issued in any Acadia Village Centre (VC) zone except for
the following:
Commercial Uses
- Retail Stores
- Food Stores a maximum of 74.3 m² (800 ft²) devoted to public use
- Offices
- Service and Personal Service Shops
- Health and Wellness Centres (NWCC-May 26/05;E-May 28/05)
- Banks and Financial Institutions
- Restaurants (full service and take out)
- Commercial Entertainment Uses a maximum of 74.3 m² (800 ft²) devoted to public use
- All Age/Teen Club (NWCC-May 26/05;E-May 28/05)
- Bakeries/Café's
- Guest Home
- Existing Strip Malls/Shopping Plaza's
- Short-term Rentals (RC-Feb 21/23;E-Sep 1/23)
- Short-term Bedroom Rentals (RC-Feb 21/23;E-Sep 1/23)
Institutional and Community Uses
- Educational Institutions (including commercial schools)
- Denominational Institutions excluding Cemeteries
- Shared housing use with 10 or fewer bedrooms (RC-Aug 9/22;E-Sep 15/22)
- Day Care Facilities (RC-Mar 3/09;E-Mar 21/09)
- Civic Buildings including but not limited to public office, post office, visitor information
centre, fire station, police station, library, museum, and gallery
- Community/Recreational Centre
- Community Parkland and Facility uses
Residential Uses
- Existing Single Unit Dwellings
- Multiple Unit Dwellings
- Shared Housing Use (RC-Aug 9/22;E-Sep 15/22)
2.
No development permit shall be issued in any VC (Acadia Village Centre) Zone unless the
proposed development is in conformance with a development agreement which has been
approved by Council.
(1)
Notwithstanding Part 13 Section 2, a permit for a change in use or occupancy within
an existing commercial building or structure with no proposed expansions or
additions may be issued by the Development Officer without being subject to the
development agreement requirement. All relevant requirements of this Bylaw
shall apply and permitted uses shall be those listed in the PR (Pedestrian Retail)
zone.
Sackville Drive Land Use By-law
Page 73
(2)
Notwithstanding Part 13 Section 2 (1), a permit for additions and expansions to the
existing single unit dwellings, or accessory buildings or uses may be issued by the
Development Officer without being subject to the development agreement
requirement.
(3)
Notwithstanding Part 13 Section 2 (1), a permit may be issued for an expansion or
addition to the existing building(s) known as Acadia Hall located on PID
#40003287 or Acadia School located on PID #40003295, by the Development
Officer without being subject to the development agreement requirement but shall
comply to all relevant provisions of this By-Law and the permitted uses shall be
those identified in Part 13 Section 1.
(4)
Notwithstanding Part 13 Section 2 (1), a permit may be issued for an accessory
building or an expansion or addition of 300 sq ft (27.87 m²) or less to an existing
building by the Development Officer without being subject to the development
agreement requirement provided the accessory building expansion or addition
is not visible from Sackville and complies with all applicable provisions of this
By-Law. (RC-Apr 12/05;E-May 7/05)
(5)
Notwithstanding Part 13 Section 2(1), a permit may be issued for signage
relating to an existing building by the Development Officer without being
subject to the development agreement requirement provided the signage
complies with the provisions for all signage in the Pedestrian Retail (PR) zone.
(NWCC-Sep 12/06;E-Sep 29/06)
4.
Notwithstanding Part 13 Section 2 (1), a permit may be issued for a change in use to
Institutional or Community uses to the existing building(s) known as Acadia Hall located
on PID #40003287 or Acadia School located on PID #40003295 by the Development
Officer without being subject to the development agreement requirement but shall comply
to all relevant provisions of this By-Law and the permitted uses shall be those identified in
Part 13 Section 1.
5.
In the event Council approves a development agreement proposal, approval shall only be
granted subject to the condition that the registered owner of the land upon which the
development is to occur enter into an agreement with Council containing such terms and
conditions as Council may direct. Council may discharge the agreement upon the
completion of particular phases of the development pursuant to the Sackville Drive
Municipal Planning Strategy and apply an appropriate zone.
Sackville Drive Land Use By-law
Page 74
PART 14: PINEHILL/COBEQUID (PC) ZONE
Permitted Uses
1.
No development permit shall be issued in any PC (Pinehill/Cobequid) Zone except for the
following:
Commercial Uses
- Retail stores
- Food stores
- Building Supply Outlets
- Personal service shops
- Health and Wellness Centres (NWCC-May 26/05;E-May 28/05)
- Offices
- Commercial schools
- Banks and financial institutions
- Restaurants (full service, take-out, drive-thru)
- Shopping Plaza/Strip Mall
- Commercial Entertainment
- All Age/Teen Club (NWCC-May 26/05;E-May 28/05)
- Motels, Hotels
- Guest Homes
- Commercial Recreation
- Automotive Service Stations
- Greenhouses and nurseries
- Garden Market in conjunction with a retail store
- Welding, plumbing and heating, electrical, automotive and other special trade contracting
services and shops
- Re-cycling depots
- Automotive Repair Outlets
- Funeral Parlours and undertaker establishments
- Bakeries (including wholesale)
- Printing and publishing establishments
- Car Wash
- Service Shop
- Outdoor Display Courts (RC-Sep 5/06;E-Oct 7/06)
- Existing auto body shops
- Short-term Rentals (RC-Feb 21/23;E-Sep 1/23)
- Short-term Bedroom Rentals (RC-Feb 21/23;E-Sep 1/23)
Institutional and Community Uses
- Educational Institutions (including commercial schools)
- Denominational Institutions excluding Cemeteries
- Shared housing use with 10 or fewer bedrooms (RC-Aug 9/22;E-Sep 15/22)
- Day Care Facilities (RC-Mar 3/09;E-Mar 21/09)
- Civic Buildings including but not limited to public office, post office, fire station, police
station, library, museum, and gallery
- Medical, Veterinary and Health Service Clinics; outdoor kennels associated with
Sackville Drive Land Use By-law
Page 75
veterinary clinics are prohibited.
- Community/Recreational Centre
- Community Parkland and Facility uses
- Shared Housing with Special Care (RC-Aug 9/22;E-Sep 15/22)
Residential Uses
- Existing Single Unit Dwellings
- Existing Two (detached and semi-detached) Dwellings
- Townhouses
- Multiple 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)
Uses Permitted by Development Agreement
2.
Notwithstanding the provisions of Part 14 Section 1, in any PC Zone, no development
permit shall be issued for a new commercial buildings or structures with a footprint greater
than 15,000 square feet (1,393.5 m²), or any expansion to a building or structure which
currently exceed a footprint of 15,000 square feet (1,393.5 m²), or any proposed expansion
to an existing commercial building or structure which would result in a total building
footprint greater than 15,000 square feet (1,393.5 m²) on any PC zoned lot and shall only
be considered by development agreement in accordance with the provisions of the
Municipal Government Act.
Lot Provisions
3.
Minimum Lot Area............................... 929 m² (10,000 ft²)
Minimum Lot Frontage...........................18.3 m (60 ft)
Minimum Front/Flankage Yard Setback...... 4.6metres (15ft) (RC-Sep5/06;E-Oct7/06)
Minimum Rear Yard Setback.................. 4.6 m (15 ft) except where building
abutting any residential zone or use the
setback shall be 4.6m (15ft) or ½ height
building whichever is greater. (RC-Sep
5/06;E-Oct 7/06)
Minimum Sideyard Setback..................... 4.6 m (15 ft), except 6.1m (20 ft) corner
vision triangle required for corner lot and ½
height of the buildings where abutting
any residential zone or use. Where
building abutting any residential zone or
use the setback shall be 4.6m (15ft) or ½
height building whichever is greater.
(RC-Sep 5/06;E-Oct 7/06)
Maximum Lot Coverage......................... 50 %
Minimum Pervious Surface Area............... 20 %
Number of Driveways............................ One per lot with frontage less than 30.5 m
(100 ft)
Sackville Drive Land Use By-law
Page 76
Lot Provisions for Townhouses
4.
Minimum Lot Area............................... 185.8 m² (2,000 ft²) per dwelling where each
dwelling unit of a townhouse dwelling is
located on a separate lot
Minimum Lot Frontage........................... 6.1 metres (20 feet) per dwelling where each
dwelling unit of a townhouse dwelling is
located on a separate lot or 18.2 metres (60
feet) per lot with two (2) or more units
Minimum Front or Flankage Yard Setback....6.1 metres (20 feet)
Minimum Rear Yard Setback................... 2.4 metres (8 feet)
Minimum Sideyard Setback..................... 3 metres (10 feet) or 0 meters (0 ft) from the
side being common with another dwelling
unit except 6.1m (20 ft) corner vision
triangle required for corner lot
Maximum Lot Coverage......................... 35 %
Minimum Pervious Surface Area............... 20 %
5.
No Development Permit shall be issued until all provisions of this section and the
provisions and guidelines of Part 6 (general provisions) and Part 7 (streetscape provisions)
have been satisfied.
SPECIAL REQUIREMENTS: 30 Old Sackville Road
6.
Notwithstanding Part 14 Section 3, the property identified as 30 Old Sackville Road (PID#
40010241) shall be subject a minimum lot area of 558 m² (6,000 sq ft), if subdivided, rather
than required 929m² (10,000 sq ft). In addition, PID# 40010241 shall not be subject to the
minimum landscape setback requirement of 4.6 m (15ft) but shall be subject all other
applicable provisions of this Bylaw. (RC-Sep 5/06;E-Oct 7/06)
SPECIAL REQUIREMENTS: Multiple Unit Dwellings
7.
Notwithstanding the provisions of Part 14, where any multiple unit dwelling is permitted
(NWCC-Sep 12/06;E-Sep 29/06), the following shall apply:
(1)
Amenity space shall be set aside for recreational purposes such as common
recreational areas, play areas, recreational rooms, roof decks, swimming pools,
courtyards, gardens, patios and tennis courts and clearly identified on plans
submitted for a Development Permit. The amenity space shall be provided
based on the type of residential unit as follows:
(a)
One Bedroom/Bachelor:
18.6 sq m (200 sq ft)
(b)
Two Bedroom:
53.4 sq m (575 sq ft)
(c)
Three Bedroom:
88.2 sq m (950 sq ft)
(d)
Four or more Bedroom:
123.1 sq m (1,325 sq ft)
For the purposes of determining amenity space, one bedroom plus den/office
units shall be considered to be a two-bedroom unit, two bedroom plus
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den/office units shall be considered to be a three-bedroom unit and so on.
(NWCC-Sep 12/06;E-Sep 29/06)
SITE PLAN APPROVAL: Outdoor Display Court
8.
No development permit shall be issued within the Pinehill/Cobequid Zone (PC) for an
outdoor display court prior to the Development Office granting Site Plan Approval.
Applications for site plan approval shall be in the form specified in Appendix A. All
applications shall be accompanied by a plan or sketch of sufficient detail to address
all of the matters identified in this Section. (RC-Sep 5/06;E-Oct 7/06)
9.
In addition to any other applicable requirements found elsewhere in this By-law, the
following requirements shall apply to all uses subject to site plan approval:
1.
Location of Building and Structures: Main buildings shall be positioned on the
site as the primary feature and outdoor display areas and parking lots shall be
secondary with the exception of the limited front yard display described below.
2.
Location of Outdoor Display Area: The outdoor display area shall be
positioned on the site in such a way to minimize public view of the entire
product on display. Front yard display shall be permitted to showcase select
vehicles provided it is achieved in a creative and attractive manner.
3.
Location of Walkways and Pedestrian Access: Walkways shall be provided
along the front facade of the buildings and to the entrance of the buildings.
4.
Location of Outdoor Lighting: Lighting shall be directed to driveways,
loading area, building entrances and walkways and shall be arranged so as to
divert the light away from streets, adjacent lots and buildings. Lighting shall
be permitted for the outdoor display area for the purpose of safety and security
and shall not be permitted for night time display of product or merchandise.
5.
Location of Service Bays: Service bays shall be located in such a way to ensure
they are not visible from Sackville Drive for all new buildings and major
renovations/additions. Features such as but not limited to architectural
treatments, landscaping, and fencing may be utilized to achieve this provision.
(RC-Sep 5/06;E-Oct 7/06)
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PART 15: OUTDOOR DISPLAY COURT (ODC) ZONE
Deleted (RC-Sep 5/06;E-Oct 7/06)
PART 16: COMMUNITY PARKLAND AND FACILITY (CP) ZONE
Permitted Uses
1.
No development permit shall be issued in any Community Parkland and Facility (CP) Zone
except for the following:
-
Conservation related uses;
-
Public parks for passive recreational activities;
-
Natural trails and educational trails;
-
Picnic parks;
-
Cemetery;
-
Museums and community centres in association with public parks;
-
Any naturally or normally incidental or subordinate uses to the uses listed above
that are exclusively devoted to the above uses and which would not destroy the
natural processes of the area.
-
Uses of a similar nature to the foregoing; and
-
Uses accessory to the forgoing uses, including washrooms, refreshment booth, or
pavilion/interpretative centre.
2.
Lot Provisions
In any CP Zone, no development permit for cemeteries, museums and community
centres in association with public parks shall be issued except in conformity with the
following;
Minimum Lot Area:
6,000 square feet
Minimum Frontage:
60 feet (18.3 m)
Minimum Front or Flankage Yard
30 feet (9.1 m)
Minimum Rear or Side Yard
½ the height of the main building
Maximum Lot Coverage
50 %
(NWCC-May 26/05;E-May 28/05)
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PART 17: 1994 P-3 (FLOOD PLAIN) ZONE (RC-Apr 29/25;E-May
26/25)
Permitted Uses
1.
No development permit shall be issued in any P-3 (Floodplain) Zone except for the
following:
Existing Uses
Non-residential uses that existed on or before May 26, 2025. (RC-Apr 29/25;E-May
26/25)
Open Space Uses
-
Parking areas involving no grade alternations, provided the capacity of the floodway
is not reduced
-
Public and private parks and playgrounds
-
Conservation related uses
-
Arcades, boardwalks, esplanades, hiking and walking trails
-
Roads (RC-Apr 29/25;E-May 26/25)
Environmental Protection Measures
-
Stormwater Management Ponds
-
Water Control Structures (RC-Jun 25/14;E-Oct 18/14)
-
Wastewater, stormwater and water infrastructure. Treatment facilities for
wastewater, stormwater and water infrastructure shall be limited to those
facilities that existed on or before, June 25, 2014. (RC-Jun 25/14;E-Oct 18/14)
Prohibited Uses and Structures
2.
Notwithstanding the provisions of Part 17 (1), no structure shall be used or constructed to
be used for human habitation, whether permanent or temporary, in any P-3 Zone.
3.
Permitted structures within any P-3 Zone shall be constructed or placed on a lot so as to
minimize obstruction to the flow of flood waters and shall be firmly anchored to prevent
flotation.
Restrictions: Grade Alternations
4.
Within any P-3 Zone, no grade alterations shall be permitted for the purpose of erecting
any permanent structure or building.
5.
Within any P-3 Zone, no grade alteration which affects the capacity of the 1:20 floodway
or increases flood levels shall be permitted.
6.
Any land disturbance associated with a permitted use shall be stabilized through the use of
landscaping or other appropriate means, as determined by the Municipal Engineer, to
prevent erosion.
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Restriction: Placement Of Off-Site Fill (RC-Apr 29/25;E-May 26/25)
The placement of off-site fill or alteration of grades is prohibited within the 1994 Floodplain
(FP) 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.
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PART 17A: 2024 FWO (FLOODWAY OVERLAY) ZONE (RC-Apr
29/25;E-May 26/25)
17A.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].
Open Space Uses
Parking areas involving no grade alterations provided the capacity of the floodway is not
reduced.
Public and private parks and playgrounds
Conservation related uses
Arcades, boardwalks, esplanades, hiking and walking trails
Other Uses
Public utilities, trails, and roadways
Parking areas
Change in use permitted uses
Subject to section 17A.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
17A.2 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 Sections 17A.3, 17A.4, and 17A.5 provisions.
17A.3 OTHER REQUIREMENTS: PROHIBITED USES AND STRUCTURES
Notwithstanding the provisions of Section 17A.1,
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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
to allow flow through.
17A.4 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.
17A.5 OTHER REQUIREMENTS: GRADE ALTERATION FOR FLOODPROOFING
Notwithstanding Section 17A.4, alteration of grades is permitted for floodproofing required
under Sections 17A.6 and 17A.7 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 by a professional engineer or Licensed Nova Scotia
Land Surveyor showing the final grade is above the nearest upstream 1-in-100-year
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
d)
all other grading legislation is met.
17A.6 OTHER REQUIREMENTS: EXISTING USES EXPANSION
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, or result in a change to flood
water flow patterns, existing uses permitted under Section 17.1 are permitted to expand,
where the expansion is for:
a)
alterations and expansions to entranceways needed for accessibility purposes; or
b)
alterations and expansions to loading areas.
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17A.7 OTHER REQUIREMENTS: EXISTING USE RECONSTRUCTION AND
FLOODPROOFING
Existing uses permitted under Section 17A.1 are permitted to be reconstructed provided the
structure is constructed in the same location and to the same extent as the existing building
and 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 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.
c)
Any structure constructed below the 1-in-100-year elevation must be designed by a
professional engineer to withstand a flood and allow flow through.
17A.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 17A.1; and
c)
the use change is not for commercial or industrial uses involving the use or storage of
hazardous materials.
17A.10 PARKING
The minimum parking requirements, as set out in Section 16, shall not apply to any use
permitted in the Floodway Overlay Zone.
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PART 17B 2024 FFO (Flood Fringe Overlay) Zone (RC-Apr
29/25;E-May 26/25)
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:
17B.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
17B.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 elevation
outlined on Schedule K or above the site-specific 1-in-100-year flood 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 flood 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 flood elevation
must be designed by a professional engineer to withstand a flood and to allow flow
through.
17B.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 flood
Sackville Drive Land Use By-law
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elevation outlined in Schedule K or the site-specific 1-in-100-year elevation as
determined by a professional engineer or Licensed 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 flood elevation at this 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.
17B.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 the 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; and
c)
all other grading legislation is met.
17B.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 of Subsections 34B (1) and (2):
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.
b)
a new backyard suite constructed after April 8, 2025 shall be floodproofed as per the
floodproofing requirements of 17B.2 of the 2024 FFO (Flood Fringe Overlay) Zone.
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APPENDIX A: SITE PLAN APPROVAL SUBMISSION REQUIREMENTS
1.
To assist in the evaluation of site plan approval process, the following information shall be
provided:
(1)
a plan to a scale of not greater than 1":100' showing such items as:
(a)
an overall concept plan showing the location of all proposed land uses;
(b)
each residential area indicating the number of dwelling units of each type
and an indication of the number of bedrooms;
(c)
description, area, and location of all proposed commercial, cultural, mixed-
use projects proposed;
(d)
location, area, shape, landscaping and surface treatment of all public and
private open spaces or park areas;
(e)
plan(s) showing all proposed streets, walkways, sidewalks, bus bays and
bike routes;
(f)
a description of any protected viewplanes; and,
(g)
an indication of how the phasing and scheduling is to proceed.
(2)
For individual phases of a development more detailed concept plans are to be
provided indicating such items as maximum building heights, location and
configuration of parking lots, landscaping plans, and any additional information
required to be able to assess the proposal in terms of the provisions of the Municipal
Planning Strategy.
(3)
Plans to the scale of not greater than 1":100' showing schematics of the proposed
sanitary and storm sewer systems and, water distribution system.
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APPENDIX B: SACKVILLE DRIVE RECOMMENDED TREE SPECIES
General Species
Marshalls Green Ash (Fraxinus pennsylvanica "Marshalls seedless")
Glenleven Linden (Tilia cordata "Glenleven")
Amur Cork
Ginkgo Biloba
Bradford Pear
Japanese Tree Lilac (Syringa amurensis japanica)
Columnar Oak (Quercus robur "Fastigiata")
Columnar Norway Maple (Acer platanoides "Columnare")
More Specific.....
Directly behind Sidewalks
Sugar Maple (Acer saccharum)
Red Maple (Acer rubrum)
Red Oak (Quercus rubra)
Amur Cork Trees (Phellodendron amurense)
MaidenhairTree (Ginkgo biloba)
Bradford Pear (Pyrus calleryana 'Bradford')
Ironwood (Ostrya virginiana)
Under Power Lines
Amur Cork Tree (Phellodendron amurense)
Maidenhair Tree (Ginkgo biloba)
Bradford Pear (Pyrus calleryana 'Bradford')
Ironwood (Ostrya virginiana)
Boulevard
Sentry Maidenhair Tree (Ginkgo biloba 'sentry')
Ironwood (Carpinus carolina)
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APPENDIX C: EXISTING USES
Pinehill/Cobequid (PR) Zone
Land Use
PID
Civic Number
Existing Single Unit Dwellings
40009870
90 Cobequid Road
40875601
103 Sackville Drive
40010043
137 Sackville Drive
40010050
143 Sackville Drive
361774
195 Sackville Drive
364646
199 Sackville Drive
364812
213 Sackville Drive
364679
220 Sackville Drive
364349
239 Sackville Drive
364331
249 Sackville Drive
364307
257 Sackville Drive
364265
275 Sackville Drive
364026
18 Skyridge Avenue
364828
310 Sackville Drive
40872111
323 Sackville Drive
364216
5 Oakdale Avenue
350256
6 Oakdale Avenue
Existing Two Unit Dwellings
363994
281 Sackville Drive
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APPENDIX D: Interim
Bonus
Zoning
Requirements
for
Applicable Plan Amendment Applications (RC-Mar 21/23;E-Apr
19/23)
Definitions
1.
For the purpose of Appendix D and Schedule E 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
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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
2.
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
developments identified on Schedule E: Lands Subject to Interim Bonus Zoning
Requirements.
3.
Incentive or bonus zoning shall not be required for developments identified on
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Schedule E 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. (NWCC-
Feb 20/24;E-Mar 6/24)
(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
#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
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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)
Bonus Zoning Rate
11.
The bonus zoning rate for the area identified on Schedule E is $162/ square metre, as
of April 2022 and shall be adjusted in accordance with Sections 12, 13, and 14.
Sackville Drive Land Use By-law
Page 93
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.
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.
Sackville Drive Land Use By-law
Page 94
(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
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.
Sackville Drive Land Use By-law
Page 95
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;
and
(f)
any other terms or conditions the Development Officer requires.
Sackville Drive Land Use By-law
Page 96
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.
Sackville Drive Land Use By-law
Page 97
Pedestrian Retail (PR) Zone
Land Use
PID
Civic Number
Existing Motels/Hotels
40003527
651 Sackville Drive
Existing Recycling Depot
350827
442 Sackville Drive
350819
446 Sackville Drive (NWCC-May 26/05;E-
May 28/05)
345306
15 Sackville Cross Road
Existing Automotive Service
Stations
40003535
655 Sackville Drive
40003360
580 Sackville Drive
Existing Automotive Repair
Outlets
350850
412 Sackville Drive
40441370
421 Sackville Drive
350702
425 Sackville Drive
350710
445 Sackville Drive
350819
446 Sackville Drive
40003493
460 Sackville Drive
40003485
466 Sackville Drive
40003576
627 Sackville Drive
40003089
6 Florence Street
Existing Outdoor Display
Court
350702
425 Sackville Drive
350710
445 Sackville Drive
40003477
476 Sackville Drive
Existing Car Wash
350835
434 Sackville Drive
Existing Equipment Rental
40003311
614 Sackville Drive
Existing Drive Thru
Restaurant
40311698
517 Sackville Drive
40003550
641 Sackville Drive
40003568
629 Sackville Drive
Existing Single Unit Dwelling
350728
447 Sackville Drive
40003717
489 Sackville Drive
40003709
493 Sackville Drive
40003501
452 Sackville Drive
Sackville Drive Land Use By-law
Page 98
Pedestrian Retail (PR) Zone
Land Use
PID
Civic Number
Existing Two Unit
Dwelling
345330
41 Sackville Cross Road
527382
39 Sackville Cross Road
345322
31 Sackville Cross Road
40270902
33 Sackville Cross Road
350728
447 Sackville Drive
Large Scale Commercial (LS) Zone
Land Use
PID
Civic Number
Existing Multiple Unit
Dwellings
40093379
25 Walker Connector Road
40102436
15 Walker Connector Road
40102428
9 Walker Connector Road
40607160
685 Old Sackville Road
40102113
716 Old Sackville Road
Existing Welding, Plumbing
and Heating, Electrical,
Automotive and other trade
contracting services and shops
40102410
731 Old Sackville Road
Existing Outdoor Display
Courts
40184269
8 Walker Avenue
Sackville Drive Land Use By-law
Page 99
SCHEDULE B: Sackville Drive Zoning Map
(RC-Apr29/25;E-May26/25)
Sackville Drive Land Use By-law
Page 100
SCHEDULE C: Downsview Complex
Sackville Drive Land Use By-law
Page 101
SCHEDULE D: Areas of Elevated Archaeological Potential (RC-Jun
25/14;E-Oct 18/14)
Sackville Drive Land Use By-law
Page 102
SCHEDULE E: Lands Subject to Interim Bonus Zoning
Requirements (RC-Mar21/23;E-Apr 19/23)
Sackville Drive Land Use By-law
Page 103
Sackville Drive Land Use By-law
Page 104
SCHEDULE E: Transition Area
Sackville Drive Land Use By-law
Page 105
Schedule K - 1-in-100-year Flood Elevation Markers (RC-Apr
29/25;E-May 26/25)
Sackville Drive Land Use By-law
Page 106
Sackville Drive Land Use By-law
Page 107
LAND USE BY-LAW
AMENDMENTS - SACKVILLE DRIVE
Amendment
Number
Policies/Maps
Subject
Council
Adoption
Effective
Date
1
Zoning Map amended rezone a portion of
PID# 00376848 (located opposite 405
Sackville Drive) from PC
(Pinehill/Cobequid) Zone to ODC
(Outdoor Display Court) Zone to permit
an outdoor display court.
Case No. 00760
C - May 26, 2005
E - May 28, 2005
2
Amended to address several issues,
requests, inconsistencies, omissions and
housekeeping matters discovered over
the past two years of implementing the
document
Case No. 00603
C - April 12, 2005
E - May 7, 2005
3
Amendments to the Downsview
Complex (DC-1, DC-2 and DC-3) Zones;
Amendments to the Large Scale
Commercial (LS) Zones; Amendments to
the Pedestrian Retail (PR) Zones;
Amendments to the Community Parkland
and Facility (CP) Zone; Amendments to
All Zones to: enable "All Age/Teen
Club" and "Health and Wellness
Centres" as a permitted use in all zones;
Amendments to Part 2-Definitions;
Amendments to Part 6 - General
Provisions Amendments to Part 6 -
General Provisions; Amendments to Part
7 - General Streetscape Design.
Case No. 00603
C - May 26, 2005
E - May 28, 2005
4
Replace Schedule B; Add Schedules D &
E; Add 3 new definitions re: bicycle
parking; Replace definition for
Watercourse; Replace Section 6 with
6.1(a) to (h), 6.2, 6.3, 6.4, 6.5 and 6.6;
Delete Sections 29, 30, 31 and 32; Add
Section 40A(1) to (5), 40B(1) to (4) and
40C(1) to (3); Add Section 14A:
Schedule D; Add Section 6A to Part 3.
Regional Plan
C - June 27, 2006
E - August 26, 2006
5
Amendments to Part 7, Section 9(7); Part
7, Section 11 (8); Part 7 Section 16 -
Parking table; Part 7 Section 46; Part 11
Section 10(2) and delete 10(3); Part 12
Section 5, delete (2) to (5) and replace
with (2); Replace Part 14 Section 7; and
add to Part 13 Section 2(5).
Case No. 00808
NWCC - September
12, 2006
E - September 29,
2006
6
Delete Part 4 Section 1: Outdoor Display
Court Zone (ODC); Delete Part 5 Section
1(4); Add Part 5 Section 9 (10); Replace
Part 6 Section 31(a); Replace Part 6
Section 37(4); Add Part 7 Section 16(a);
Replace Part 7 Section 41, 42, 43 and 45;
Replace Part 11 Section 10; Amend Part
12 Section 1, 3, 5 and add Section 7 and
8; Amend Part 14 Section 1, 3, 6 and add
Section 8 and 9; Delete Part 15: Outdoor
Display Court (ODC) Zone; Replace
Schedule B; and Add Schedule E.
Case No. 00808
C - September 5, 2006
E - October 7, 2006
Sackville Drive Land Use By-law
Page 108
7
Add Part 7 Section SA - Temporary
Signage; Replace the definition of Sign.
Project No. 00327
C - September 26,
2006
E - November 18,
2006
8
Amend Part 8, Section 1to include, Strip
Mall/Shopping Plaza or Existing
Multiple Unit Dwelling in the LS Zone.
Case No. 00963
NWCC - May 10,
2007
E - May 26, 2007
9
Amend Par 14, Section 1 to include
Residential Care Facilities.
Case No. 00994
NWCC - May 24,
2007
E - June 9, 2007
10
Add "Ice Cream Stand" definition to
Part 2; Replace Part 6, Section 20:
"Temporary Commercial Uses
Permitted".
Case No. 01000
NWCC - May 24,
2007
E - June 9, 2007
11
Amend Part 2 (Definitions) to include:
Changeable Copy Signage, Sign Face,
and Site Identification Signage; amend
Part 7, Section 9, Subsections 1 and 10;
and add Part 7, Section 9, Subsections 11
and 12.
Case No. 01102
NWCC - May 22,
2008
E - June 7, 2008
12
Add Part 6, Clause 6(2A): reduction of
watercourse setback.
Case No. 01118
NWCC - July 10,
2008
E - July 26, 2008
13
Amend Part 12, Section 1 - Commercial
Entertainment Uses
Case No. 01153
NWCC - September
25, 2008
E - October 11,
2008
14
Amend Part 15 re: Temporary
Construction Uses Permitted
Case No. 01058
RC - January 20, 2009
E - February 7, 2009
15
Amend Parts 2, 8, 9, 10, 12, 13 and 14 re:
Day Care Facilities
Case No. 01074
RC - March 3, 2009
E - March 21, 2009
16
Amend the Zoning Map to remove
properties from the Sackville Drive LUB
Case No. 01323
RC - May 4, 2010
E - May 29, 2010
17
Repeal/Readopt Definitions - Bicycle
Parking Class A, B, C; Watercourse; Part
3, Section 6A; Part 3, Section 6, 10; Part
7, Section 40A; Schedule D; Add
Definitions - Canadian Geodetic Vertical
Datum, Water Control Structure; Part 6,
Section 41, 42; Amend Part 6, Section 6;
Part 17, Section 1; Schedule D.
RP+5
RC-June 25, 2014
E-October 18, 2014
18
Add Part 5, Section (2a) within the
Downsview/Beaver Bank Designation; a
sentence under Part 8 under Uses
Permitted by Development Agreement.
Case 19060
RC-July 21, 2015
E-September 12,
2015
19
Amend Part 9, section 1 - Commercial
Uses
Case 20154
NWCC-August 8,
2016
E-August 27, 2016
20
Amend Zoning Map to add 900 & 902
Sackville Drive and rezone to LS Zone
Case 20224
RC-November 8, 2016
E-December 17,
2016
21
Amend Section 1, part 2; Added Part 6
section 43 to add Cannabis related uses
Case 21331
RC - September 18,
2018
E- November 3,
2018
22
Amend Zoning Map to rezone portions
of lands at 665-685 Old Sackville Rd. &
750 Sackville Dr. to DC-3 Zone
Case 21859
NWCC - February 10,
2020
E - February 29,
2020
23
Add Part 2, Definitions - Backyard Suite
& Secondary Suite; Part 6, Section 34B -
Secondary Suites and Backyard Suites;
Amend Part 6, Section 33.
Case 21162 -
Secondary /
Backyard Suites
RC - September 1,
2020
E - November 7,
2020
24
Deleted 'a' in Part 6 - General
Provisions for All Zone, Section 33,
Subsection (1); Section 34B, Subsection
(1)(iv); Amended Part 6, Section 34B,
Subsection (2) (iii) by replacing '33, 34,
34A' with '32, 33 and 34.'
Case 23274 -
Secondary /
Backyard Suites
Housekeeping
Amendments
NWCC-March 8,
2021
E - March 27, 2021
25
Amended: Part 2, Part 3 and Part 6 to
include Accessory Hen Use definitions
and stipulations
Case 22227 -
Accessory Hen
Use
RC - October 5, 2021
E - January 8, 2022
Sackville Drive Land Use By-law
Page 109
26
Amend: Part 6 adding section 43; and
Part 8 amending section 1 - regarding
access for Multiple Unit Dwellings
Case 23556
NWCC - June 20,
2022
E-July 6, 2022
27
Amended Part 2, Definitions -
Institutional Use; Part 7, General
Streetscape Design - Section 14, 16, 18,
40A(2); Part 8, LS Zone - Section 1; Part
11, DC-3 Zone - Section 1, 9(2), 10; Part
12, PR Zone - Section 1; Part 13, VC
Zone - Section 1; Part 14, PC Zone -
Section 1
Deleted Part 2, Definitions - Residential
Care Facility, Seniors Residential
Complex
Added Part 2, Definitions - Shared
Housing Use, Shared Housing With
Special Care; Part 5, Uses Permitted by
Development Agreement - Section 1(11)
Case RP16-16
(Shared Housing)
RC - August 9, 2022
E - September 15,
2022
28
Amended Part 6, Section 41
Added Part 5 Section 2
Case 22257
(Regional Plan -
Phase 3)
RC - October 11,
2022
E- November 16,
2022
29
Added Appendix D - Interim Bonus
Zoning Requirements for Applicable
Plan Amendments; Schedule E - Lands
Subject to Interim Bonus Zoning
Requirements
Case 24063
RC - March 21, 2023
E- April 19, 2023
30
Amended: Part 2, Definition - Height,
Section 27 (a)
Added: Section 27 (d)
Deleted: Section 27
Case 23247
NWCC - June 26,
2023
E-July 12, 2023
31
Amended: Part 7, Section 16(a); Part 8,
Section 1; Part 9, Section 1; Part 11,
Section 1; Part 12, Section 1; Part 13,
Section 1; Part 14, Section 1
Added: Part 2, Definitions, Short-Term
Bedroom Rental, Short-Term Rental;
Part 3, Section 6C, 6D; Part 6, Section 45
Deleted: Part 2, Definitions, Bed and
Breakfast
Case 24526 (Short
Term Rental)
RC - February 21,
2023
E - September 1,
2023
32
Amended: Part 14, Section 4 by deleted
the text "Minimum Width of Main
Building"
Case 24528
(Shared Housing
Housekeeping
Amendments)
RC - August 22, 2023
E - September 28,
2023
33
Added Section 1(ea); Section 5A;
Amened Section 5, Section 10
Repealed/Deleted Section 5(b);
Subsection 10(a)(b)
Case 2023-01049
NWCC - February 20,
2024
E - March 6, 2024
34
Amended Part 6, section 33(4),
subsection 34B(1), 34B(1)(i)(v), 34B(2),
34B(2)(i)(iv)(vi)(vii)(viii); Part 7, section
16(a)
Added Part 6, section 33(8), 34B(2)(ix)
Repealed Part 6, section 33(7),
34B(1)(i)(iv)
MINORREV
2023-01065
(Housing
Accelerator Fund
(HAF))
RC - May 23, 2024
E - June 13, 2024
Sackville Drive Land Use By-law
Page 110
35
Amended: Part 4, Section 1; Part 6,
Section 42; Part 17 heading; Schedule B
- Zoning Map
Added: Part 2, Definitions - Floodway,
Flood Fringe, Off-site Fill; Part 4,
Sections 8, 9; Part 5, Section 1(12); Part
6, Section 8A, Section 13A; Part 17(1) -
Existing Uses, Open Space Uses; Part 17,
Section 7; Part 17A, 17B; Schedule K
Repealed: Part 6, Section 8
Case 21402 -
Sackville
Floodplans
RC - April 29, 2025
E - May 26, 2025
36
Amended: Part 2-Definitions (Storey);
Part 6-Section 27(a), 30, 33(8), 34B; Part
7-Section 16(a), 18; Part 9-Section 1, 2,
4; Part 10-Section 1, 2, 4
Added: Part 2-Definitions (Grade-
Related Dwelling Unit Use, Messanine;
Part 5-Section 3; Part 6-Section 15(ab),
34AB; Part 12-Section 5
Repealed: Part 6-Section 34A
MINORREV
2025-02922
(Minimum
Planning
Requirements)
RC - December 11,
2025
E - February 2,
2026
37
Amended: Part 6, Subjection 27 (a) &
(d)
PLANAPP 2023-
00656
NWCC - September
14, 2026
E - October 1, 2026