This is the exact embedded text of the captured official document.
Snapshot c66e83e554f2 · verified 2026-10-18 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
Suburban Housing Accelerator Land Use By-law | 1
Suburban Housing Accelerator Land Use By-law | 2
SUBURBAN HOUSING
ACCELERATOR LAND
USE BY-LAW
THIS IS TO CERTIFY that this is a true copy of the Suburban Housing
Accelerator Land Use By-law which was passed by a majority vote of the
Council of the Halifax Regional Municipality at a duly called meeting held on
the 23rd day of May, 2024, and reviewed by Municipal Affairs and Housing on
the 12th day of June, 2024, and is in effect as of the 13th day of June, 2024,
which includes all amendments thereto which have been adopted by the
Halifax Regional Municipality and are in effect as of the 2nd day of February,
2026.
GIVEN UNDER THE HAND of the Municipal Clerk and under the seal
of Halifax Regional Municipality this _____ day of ___________________,
20____.
______________________________
Municipal Clerk
Suburban Housing Accelerator Land Use By-law | 3
Table of Contents
Part I - Administration.................................................................................. 4
Division A - Introduction ........................................................................... 5
Division B - Development Permit ............................................................. 8
Division C - Non-Conforming Structures and Uses and Variance .......... 12
Division D - Schedules and Appendices ................................................ 13
Part II - General Provisions ....................................................................... 14
Division A - Land Uses .......................................................................... 15
Division B - Built Form ........................................................................... 26
Division C - Accessory Structure ........................................................... 37
Division D - Off-Street Parking and Loading .......................................... 40
Division E - Sign .................................................................................... 53
Division F - Lighting, Solid Waste, and Screening ................................. 59
Division G - Landscaping ...................................................................... 61
Division H - Landscaped Buffer ............................................................. 64
Division I - Design Requirement ............................................................ 67
Division J - Wind Energy Facility ........................................................... 78
Division K - Interim Incentive or Bonus Zoning ...................................... 79
Division L - Watercourse ........................................................................ 88
Part III - Housing Accelerator (HA) Designation ........................................ 92
Part IV - Interpretation ............................................................................. 104
Division A - Interpretation .................................................................... 105
Division B - Definitions ........................................................................ 107
Part V - Appendices ................................................................................ 141
Appendix 1 - Pedestrian Wind Impact Assessment Protocol and
Performance Standards ...................................................................... 142
Appendix 2 - Invasive or Highly Toxic Plant Species ........................... 151
Schedules ............................................................................................... 152
Suburban Housing Accelerator Land Use By-law | 4
Part I - Administration
Suburban Housing Accelerator Land Use By-law | 5
Division A - Introduction
Title
1
This By-law is titled the Suburban Housing Accelerator Land Use By-
law.
Purpose
2
This By-law enables as-of-right development.
Jurisdiction
3
This By-law applies to all developments on the properties within the
zoning map as shown in Schedule 1.
Development officer
4
This By-law is administered by a development officer of the
Municipality.
Development permit
5
A person must not develop before obtaining a development permit
except as provided in section 6.
Exemption from a development permit
6
All of the following types of developments are exempted from the
requirement to obtain a development permit:
(a)
an accessory structure that is 20.0 square metres of floor
area or less, except for the accessory structure with a
backyard suite use;
(b)
an uncovered structure that is less than 0.6 metres in
height but is not a foundation, pile, and footing;
(c)
a home office use;
(d)
a temporary use;
Suburban Housing Accelerator Land Use By-law | 6
(e)
a fence;
(f)
the construction, replacement, or repair of infrastructure
by a utility, or a municipal, provincial, or federal
government;
(g)
a public transit shelter;
(h)
a sign exempted under section 80;
(i)
a monument use on a municipal, provincial, or federal
land;
(j)
the painting of a building;
(k)
the replacement of a window or door within an existing
opening;
(l)
an urban farm use;
(m) a short-term rental use of an entire dwelling unit in an
operator's primary residence;
(n)
a short-term bedroom rental use of 3 or fewer bedrooms
in a dwelling unit.
Compliance with this By-law
7
(1)
A person must comply with this By-law even if they are
exempted from the requirement to obtain a development permit
under section 6.
(2)
A person who violates a provision of this By-law is subject to
prosecution under section 369 of the Charter.
(3)
A development must be developed as approved in the
development permit.
(4)
A land use that is not permitted in a zone is prohibited in the
zone.
Suburban Housing Accelerator Land Use By-law | 7
Compliance with other enactments
8
(1)
This By-law does not exempt a person from other enactments
of the Municipality, the Province of Nova Scotia, or the
Government of Canada.
(2)
A development officer must not issue a development permit if
an enactment of the Municipality, the Province of Nova Scotia,
or the Government of Canada prohibits a development.
Suburban Housing Accelerator Land Use By-law | 8
Division B - Development Permit
Development permit application
9
A development permit application must include all of the following,
drawn to scale:
(a)
a floor plan with dimensions shown and the intended use
of all rooms labelled;
(b)
an elevation drawing with
(i)
height measurements and dimensions shown for all
sides of proposed structures,
(ii)
external cladding material type and detail labelled,
and
(iii) architectural details if required;
(c)
a roof plan;
(d)
a site plan showing
(i)
lot dimensions and lot lines,
(ii)
the location of all existing and proposed structures
and uses,
(iii) setbacks,
(iv) the location and dimensions of all parking lots,
parking spaces, driveways, driving aisles, off-street
loading spaces, and parking lot entrances and exits,
(v)
the location and dimensions of all pedestrian walks
and walkways,
(vi) the location of hard landscaping or soft landscaping,
and
Suburban Housing Accelerator Land Use By-law | 9
(vii) the location of solid waste management areas;
(e)
if a watercourse, or a wetland that is contiguous to a
watercourse, exists and is located on the lot where a
development is being proposed or within 60.0 metres of
the lot where a development is being proposed, a site
plan that shows all of the following:
(i)
the location of a watercourse,
(ii)
the location of a wetland that is contiguous to a
watercourse,
(iii) the required watercourse buffer,
(iv) existing vegetation limits,
(v)
land contours with lot grading information that is
certified by a surveyor or professional engineer;
(f)
the location of all wetlands within or adjacent to the lot
where a development is being proposed;
(g)
the location of a bicycle parking area;
(h)
the location of building utilities;
(i)
the location of all exterior lighting;
(j)
except for a height-exempted building rooftop feature
under section 44, for a building or an addition to a building
that results in a building greater than 20.0 metres in
height,
(i)
a pedestrian wind impact assessment report that
meets the protocol and performance standards
contained in Appendix 1, and is prepared by a
professional engineer, and
(ii)
if the pedestrian wind impact assessment report
recommends on-site wind mitigation measures, the
Suburban Housing Accelerator Land Use By-law | 10
recommended measures must be implemented in
the design and construction of the building;
(k)
a landscape plan that meets the requirements of section
91, for
(i)
a new building equal to or greater than 2,000
square metres, or
(ii)
an addition equal to or greater than 1,000 square
metres;
(l)
additional information that a development officer of the
Municipality requires to determine if the development
complies with this By-law.
Approval
10
A development officer of the Municipality must issue a development
permit if a development meets
(a)
the requirements of this By-law; or
(b)
the terms of an approved development agreement.
Expiry
11
A development permit expires 24 months from the date it is issued.
Revocation
12
A development officer of the Municipality may revoke a development
permit if
(a)
the development is not consistent with
(i)
this By-law,
(ii)
the plans associated with the approved
development permit, or
(iii) an approved development agreement;
Suburban Housing Accelerator Land Use By-law | 11
(b)
the development permit was issued based on incorrect
information on a development permit application; or
(c)
the development permit was issued in error.
Fees
13
The fees for permit applications under this By-law is set out in an
administrative order of the Municipality.
Suburban Housing Accelerator Land Use By-law | 12
Division C - Non-Conforming
Structures and Uses and Variance
Non-conforming structures
14
(1)
The restrictions in the Charter about non-conforming structures
that are not primarily used for residential purposes are relaxed
by allowing them to be extended, enlarged, or altered if the
extension, enlargement, or alteration does not further increase
a non-conformity with a requirement of this By-law.
(2)
On a lot that contains a structure that is primarily used for a
residential purpose, the restrictions in the Charter about non-
conforming structures are relaxed by allowing them to be
extended, enlarged, altered, or reconstructed if the extension,
enlargement, alteration, or reconstruction does not further
increase a non-conformity with a requirement of this By-law.
Variance
15
A development officer of the Municipality may consider a variance
under subsection 250(1) of the Charter.
Suburban Housing Accelerator Land Use By-law | 13
Division D - Schedules and
Appendices
List of schedules and appendices
15.5 (1)
All of the following schedules form part of this By-law:
(a)
Schedule 1: Zone Boundaries;
(b)
Schedule 2: Maximum Building Height Precincts;
(c)
Schedule 3: Minimum Front and Flanking Setbacks;
(d)
Schedule 4: Transition Lines;
(e)
Schedule 5: Incentive or Bonus Zoning Rate Districts;
(2)
All of the following appendices form part of this By-law:
(a)
Appendix 1: Pedestrian Wind Impact Assessment
Protocol and Performance Standards;
(b)
Appendix 2: Invasive or Highly Toxic Plant Species.
Suburban Housing Accelerator Land Use By-law | 14
Part II - General
Provisions
Suburban Housing Accelerator Land Use By-law | 15
Division A - Land Uses
Dwelling unit mix for a multi-unit dwelling use
16
(1)
A new building with a multi-unit dwelling use that has at least 40
units must contain a minimum of two bedrooms in at least 25%
of all dwelling units.
(2)
The number of required dwelling units in subsection (1) must be
rounded up to the nearest whole number.
(3)
Notwithstanding subsection 16(1), the required dwelling unit
mix shall not apply to new buildings that begin construction
before April 1, 2028. (RC-Dec 11/25;E-Feb 2/26)
Amenity space for a multi-unit dwelling use
17
(1)
A new building with a multi-unit dwelling use that has at least 40
units must provide an amenity space that is
(a)
at least 5.0 square metres per dwelling unit; and
(b)
located indoor for at least 50% of the area.
(2)
For an addition to a building that has at least 40 units, the
requirements in subsection (1) only applies to the additional
units.
(3)
Except for an outdoor amenity space that is associated with an
individual dwelling unit within a multi-unit dwelling use, such as
a balcony, all amenity spaces that are required by subsections
(1) and (2) must
(a)
be provided in increments of 30.0 contiguous square
metres or more;
(b)
have a linear dimension of 3.0 metres or more; and
(c)
be available for shared use by the building's residents.
Suburban Housing Accelerator Land Use By-law | 16
(4)
At least 25% of the required amenity spaces must be
(a)
provided outdoors;
(b)
located at-grade or on a roof top; and
(c)
available for shared use by the building's residents.
Ground floor use for a multi-unit dwelling use
18
If a lot has a multi-unit dwelling use and a minimum frontage of 10.0
metres on at least one street, at least 50% of the total length of all
ground floors of the buildings that are facing a streetline must be
occupied by any of the following:
(a)
a grade-related dwelling unit;
(b)
a residential lobby;
(c)
a work-live unit;
(d) a commercial use;
(e)
an amenity space.
Backyard suite use
19
(1)
Only one backyard suite use is permitted on a lot if the use is
in the rear yard and in conjunction with
(a)
a single-unit dwelling use, including a duplex apartment
use; (RC-Dec 11/25;E-Feb 2/26)
(b)
a two-unit dwelling use;
(c)
a semi-detached dwelling use;
(d)
a three-unit dwelling use;
(e)
a townhouse dwelling use;
(f)
a four-unit dwelling use; or
Suburban Housing Accelerator Land Use By-law | 17
(g) a small shared housing use. (RC-Dec 11/25;E-Feb
2/26)
(2)
A backyard suite use must meet the accessory structure
requirements under Division C except as provided in subsection
(6).
(3)
A backyard suite use must have unobstructed access that
(a) connects the backyard suite to a street;
(b) exists on the same lot as the backyard suite; and
(c) has a minimum width of 1.1 metres.
(4)
A backyard suite use may be used as a small shared housing
use unless the backyard suite use is in conjunction with a
shared housing use under clause 1(g). (RC-Dec 11/25;E-
Feb 2/26)
(5)
A non-conforming accessory structure with a permitted
residential use may be occupied by the backyard suite use.
Short-term rental
20
(1)
A short-term rental that is accessory to a dwelling unit is
permitted if the dwelling unit is the primary residence of the
short-term rental operator.
(2)
A short-term bedroom rental that is accessory to a residential
use is permitted if the short-term bedroom rental meets all of
the following requirements:
(a)
the short-term bedroom rental must be wholly contained
within the dwelling unit that is the primary residence of the
short-term bedroom rental operator;
(b)
more than 3 bedrooms must not be rented as a short-term
bedroom rental at the same time;
(c)
the signage requirements under section 87;
Suburban Housing Accelerator Land Use By-law | 18
(d)
the motor vehicle parking requirements under section 60;
and
(e)
the short-term bedroom rental operator must reside on
site while a bedroom is rented.
Home occupation use
21
(1)
Except for a home occupation use within a grade-related
dwelling unit use, a home occupation use must
(a)
be limited to one per lot; and
(b)
not be permitted within a multi-unit dwelling use.
(2)
Any of the following uses are permitted as a home occupation
use:
(a)
broadcast and production studio use;
(b)
catering use;
(c)
makerspace use;
(d)
grooming and haircutting salon;
(e)
medical clinic use;
(f)
office use;
(g)
pet daycare use, limited to a maximum of 5 animals;
(h)
pet grooming;
(i)
studio use;
(j)
tailoring and shoe repair;
(k)
tattooing;
(l)
tutoring.
Suburban Housing Accelerator Land Use By-law | 19
(3)
The retailing of products that are accessory to a permitted
home occupation use as listed in subsection (2) is permitted.
(4)
The principal operator of a home occupation use must reside
on the lot where the use is located.
(5)
The number of permitted employees for a home occupation use
who are not a resident of the lot is limited to one.
(6)
A home occupation use must be wholly contained within a
dwelling unit or accessory structure.
(7)
A home occupation use must not be apparent from the outside
of the dwelling unit or accessory structure, except for a
permitted sign.
(8)
The maximum floor area for a home occupation use is 35% of
the floor area of the dwelling unit or accessory structure, to a
maximum of 50.0 square metres.
(9)
Signage requirements for a home occupation use are as
provided in section 87.
(10) Motor vehicle parking requirements for a home occupation use
are as provided in section 60.
Home office use
22
(1)
Home office uses are permitted in all dwelling units.
(2)
The principal operator and all the employees of a home office
use must reside on the lot where the use is located.
(3)
A home office use must
(a)
be wholly contained within a dwelling unit or an accessory
structure; and
(b)
not be apparent from the outside of the dwelling unit or
accessory structure.
(4)
Signage is not permitted for a home office use.
Suburban Housing Accelerator Land Use By-law | 20
Work-live unit
23
(1)
Subject to subsection (3), only one of the following commercial
or institutional uses are permitted in a work-live unit:
(a)
a broadcast and production studio use;
(b)
a catering use;
(c)
a makerspace use;
(d)
a medical clinic use;
(e)
an office use;
(f)
a personal service use;
(g)
a pet daycare use;
(h)
a studio use.
(2)
The retailing of products that are accessory to one of the
permitted uses that is listed in subsection (1) are permitted.
(3)
No more than 50% of the total floor area of a work-live unit, to a
maximum of 140.0 square metres, may be used for one of the
permitted uses that is listed in subsection (1).
(4)
The permitted uses listed in subsection (1) must be located on
the ground floor.
(5)
The principal operator of a commercial use or institutional use
within a work-live unit must
(a)
reside in the unit; and
(b)
not have more than 3 non-resident employees.
(6)
Signage requirements for a work-live unit are as provided in
section 87.
Suburban Housing Accelerator Land Use By-law | 21
(7)
Motor vehicle parking requirements for a work-live unit are as
provided in section 60.
Urban agriculture use
24
(1)
The processing of urban agricultural products is permitted as an
accessory use to an urban agriculture use.
(2)
The sale of urban agricultural products that are grown or
produced on-site, including processed urban agricultural
products, is permitted as an accessory use to an educational
farm use or an urban farm use.
(3)
The keeping of horses, swine, roosters, and ruminants is
prohibited except for an educational farm use.
(4)
A greenhouse, including a rooftop greenhouse, may be used for
an urban farm use.
(5)
Signage requirements for an urban agriculture use are under
sections 83 to 85.
(6)
Except for a beehive, an accessory structure that is associated
with an urban agriculture use must meet the accessory
structure requirements under Division C.
Suburban Housing Accelerator Land Use By-law | 22
Keeping of bees as an accessory use
25
(1)
The keeping of bees as an accessory use is permitted in all
zones if the use is limited to a maximum of
(a)
two beehives on a lot that is less than 2,000 square
metres in area; or
(b)
four beehives on a lot that is 2,000 square metres or
greater in area.
(2)
A beehive must be located at least 3.0 metres from a lot line
(Diagram 1) except for a beehive located on a rooftop.
Diagram 1: Shaded area denotes where beehives are permitted at grade,
per subsection 25(2)
Suburban Housing Accelerator Land Use By-law | 23
Keeping of egg-laying hens as an accessory use
26
(1)
The keeping of egg-laying hens is permitted in all zones as
an accessory use.
(2)
The maximum number of egg-laying hens is 10 per lot except
for an educational farm use.
(3)
All egg-laying hens must be kept within a fenced area or
accessory structure that
(a)
is within a rear yard; and
(b)
meets the accessory structure size requirements of
sections 53 to 55.
(4)
The exemption under subsection 131(5) must not be used to
reduce the required watercourse buffer for a fenced area or
accessory structure that contains egg-laying hens.
(5)
The on-site slaughtering of hens is not permitted.
Temporary construction use
27
A development permit is required for a temporary construction use.
Recreational vehicle
28
A recreational vehicle must not be used as a dwelling unit or a
backyard suite use except as a temporary construction use.
Temporary rock crusher
29
(1)
Subject to subsection (3), a development permit is required
for a temporary rock crusher and must
(a)
be valid for the time specified on the development permit;
and
(b)
must not exceed 60 calendar days from the time the
permit is issued.
Suburban Housing Accelerator Land Use By-law | 24
(2)
The development permit for a temporary rock crusher may be
renewed for a period of no later than 30 calendar days at a
time, if a development officer of the Municipality determines that
an extension is warranted.
(3)
A development permit for the use of a temporary rock crusher
accessory to the construction of primary or secondary services,
under the HRM Regional Subdivision By-Law, is valid for a
period not exceeding the construction time schedule specified
in the subdivision agreement.
(4)
A temporary rock crusher must only be used at
(a)
the site of demolition of a structure;
(b)
the site of construction of primary or secondary services,
under the HRM Regional Subdivision By-Law; or
(c)
the site of a development permitted by this By-law.
(5)
A temporary rock crusher must not be located within 3.0 metres
of a lot line.
(6)
A temporary rock crusher must not be located within 10.0
metres of a building used for a residential use or an institutional
use except for public infrastructure.
(7)
Subject to subsection (8), a temporary rock crusher must not be
used to process material for export to another site or to process
material imported to the site.
(8)
A temporary rock crusher may be used to process demolished
material for export to a disposal site if the requirements of HRM
By-law L-200, the C&D Materials Recycling and Disposal
License By-law, are met.
Access use
30
Accessing a use in one zone from a different zone is permitted if the
use is permitted in both zones.
Suburban Housing Accelerator Land Use By-law | 25
Use in a transportation reserve
31
A development is not permitted in a transportation reserve.
Use near a railway track
32
(1)
Except as provided in subsection (2), a new multi-unit dwelling
use that has at least 40 units must be at least 15.0 metres away
from the centreline of a railway track.
(2)
If the separation distance required in subsection (1) cannot be
provided, a report prepared and stamped by a professional
engineer must be submitted to a development officer of the
Municipality, identifying measures that will be used to mitigate
the crash risk, noise, and vibration of trains, before a
development permit is issued.
(3)
A development permit issued under subsection (2) must include
the mitigation measures identified in the report submitted under
subsection (2).
(4)
The mitigation measures identified in the report submitted
under subsection (2) must be completed and certified by a
professional engineer before issuing the first occupancy permit.
Obnoxious use
33
A person must not undertake or conduct an obnoxious use.
Suburban Housing Accelerator Land Use By-law | 26
Division B - Built Form
Regional Subdivision By-law
34
The subdivision of land is regulated by the HRM Regional Subdivision
By-Law.
Number of main buildings on a lot
35
(1)
A main building must not be located on more than one lot
except for an underground parking structure on an abutting lot
that is
(a)
under common ownership; and
(b)
not protruding more than 0.6 metres above the average
finished grade.
(2)
Only one main building is permitted on a lot.
External cladding material
36
All of the following external cladding materials are prohibited:
(a)
darkly tinted or mirrored glass, except for a spandrel glass
panel;
(b)
plastic, except for vinyl cladding or siding;
(c)
plywood; and
(d)
unfinished concrete.
Setback of entrances
37
(1)
A pedestrian entrance to a main building facing a streetline
must be set back a minimum of 1.5 metres from the streetline.
(2)
A motor vehicle entrance to a main building facing a streetline
must be set back a minimum of 4.5 metres from the streetline.
Suburban Housing Accelerator Land Use By-law | 27
Encroachments into setbacks, stepbacks, or separation distances
38
(1)
All of the following structures may encroach into a required
setback, stepback, or separation distance:
(a)
a patio that is less than 0.6 metres in height, access
ramps, walkways, lifting devices, uncovered steps, and
staircases;
(b)
a sill, eave, gutter, downspout, cornice, chimney,
fireplace, stove bump out, railing system, canopy, awning,
or another similar feature, if an encroachment is no more
than 0.6 metres;
(c)
a solar collector, if an encroachment is no more than 1.0
metre; and
(d)
a window bay that is no wider than 4.0 metres and is
located no closer than 2.5 metres to a other window bay
on an exterior wall of the main building, if an
encroachment is no more than 1.0 metre.
(2)
Repealed (RC-Mar 18/25; EFF-Apr 23/25)
(3)
Subject to subsection (4) and section 39, a balcony or
unenclosed porch may encroach into a required setback,
stepback, or separation distance by no more than
(a) 1.5 metres at the ground floor, except for a balcony that
does not have access to a street without going through a
main dwelling; or
(b) 2.0 metres at the second storey or above. (RC-Mar
18/25; EFF-Apr 23/25)
(4)
Except as provided in subsection (5), a balcony or unenclosed
porch shall not encroach into a required setback or stepback, if
it faces a transition line. (RC-Mar 18/25; EFF-Apr 23/25)
Suburban Housing Accelerator Land Use By-law | 28
(5)
A balcony or unenclosed porch in subsection (4) may encroach
into a required stepback if a main building is setback from a
transition line by at least
(a) 8.0 metres for a mid-rise building;
(b) 12.5 metres for a tall mid-rise building; or
(c) 12.5 metres for a high-rise building. (RC-Mar 18/25; EFF-
Apr 23/25)
Aggregate width of balconies
39
(1)
Subject to subsection (2), if the aggregate width of all
balconies per storey, above the height of the streetwall,
exceeds 50% of the horizontal width of a building face, then the
balconies must
(a)
not encroach into a required setback, stepback, or
separation distance; and
(b)
be included in the calculation of maximum tower
dimensions, including width and depth.
(2)
The requirement in subsection (1) applies to at least 50% of the
storeys above the height of the streetwall in a building.
Encroachment into a street
40
Encroachments into a street must meet the requirements of the
applicable HRM By-law.
Drive-through
41
A drive-through is not permitted.
Pedway
42
A pedway is not permitted.
Suburban Housing Accelerator Land Use By-law | 29
Transportation facility use
43
The only built form requirements in Part III that apply to a
transportation facility use are
(a)
maximum building height, as shown in Schedule 2; and
(b)
minimum front and flanking setbacks, as shown in
Schedule 3.
Suburban Housing Accelerator Land Use By-law | 30
Rooftop feature
44
(1)
Except for a low-density dwelling use, Table 1 regulates the
height, coverage, and setback of building features located on
the rooftops of a main building, even if the feature does not
exceed the maximum height for the main building.
(2)
If Table 1 conflicts with
(a) a maximum required building height in Schedule 2, Table
1 prevails;
(b) a minimum setback requirement in Part III, Table 1
prevails; or
(c) a permitted encroachment in section 38, Table 1 prevails.
(RC-Mar 18/25; EFF-Apr 23/25)
(3)
Features listed in Table 8 do not count towards
(a)
the overall building height;
(b)
the determination of building height for a low-rise building,
a mid-rise building, a tall mid-rise building, or a high-rise
building;
(c)
the determination of a mid-rise typology, a tall mid-rise
typology, or a high-rise typology; or
(d)
the determination of height for a pedestrian wind impact
assessment report under clause 9(j).
(4)
All features that are identified with a black dot () in Column 2
of Table 1 must not, in total, occupy more than 30% of the main
building rooftop area on which they are located.
(5)
Features with a minimum roof edge setback that are specified
in Columns 3 or 4 of Table 1 must be located no closer than
indicated.
Suburban Housing Accelerator Land Use By-law | 31
Table 1: Main building rooftop features
Feature
Column 1:
Maximum
height
above roof
Column 2:
30%
coverage
restriction
Column 3: Minimum
setback from roof
edge facing front or
flanking lot lines
Column 4:
Minimum setback
from roof edge
facing side or rear
lot lines
Antenna
Unlimited
3.0 metres
3.0 metres
Chimney
Unlimited
Clear glass guard and railing
system
2.0 metres
Clock tower or bell
tower
Unlimited
Communication tower
required to support uses
and activities in the
building
Unlimited
3.0 metres
3.0 metres
Cooling tower
Unlimited
3.0 metres
3.0 metres
Elevator enclosure
6.0 metres
3.0 metres, except for
an elevator enclosure
used as articulation
for a streetwall or
exterior wall
Flag pole
Unlimited
Heating, ventilation, and air
conditioning equipment and
enclosure
5.5 metres
3.0 metres
3.0 metres
Hard landscaping or soft
landscaping
4.5 metres
Lightning rod
Unlimited
Mechanical penthouse
5.5 metres
3.0 metres
3.0 metres
Parapet
2.0 metres
Rooftop cupola
4.5 metres
Rooftop greenhouse
6.0 metres
3.0 metres
3.0 metres
Skylight
1.5 metres
Solar collector
4.5 metres
Spire, steeple, minaret, and
similar features
Unlimited
Staircase or staircase
enclosure
4.5 metres
3.0 metres
Windscreen
4.5 metres
Window cleaning platform
Unlimited
Suburban Housing Accelerator Land Use By-law | 32
(6)
Subject to subsection (7), for a low-density dwelling use, all of
the following features may exceed the maximum required
height, as shown in Schedule 2, by no more than 3.0 metres:
(a)
a chimney and stovepipe;
(b)
an antenna;
(c)
a flag pole;
(d)
a solar collector;
(e)
clear glass guard and railing systems;
(f)
a lightning rod;
(g)
a staircase;
(h)
a staircase enclosure that does not exceed 6.0 square
metres in area;
(i)
a rooftop greenhouse;
(j)
a vent;
(k)
an elevator enclosure that does not exceed 6.0 square
metres in area.
(7)
The features in subsection (6) do not count towards:
(a)
the overall building height;
(b)
the determination of building height for a low-rise building,
a mid-rise building, a tall mid-rise building, or a high-rise
building; or
(c)
the determination of a mid-rise typology, a tall mid-rise
typology, or a high-rise typology.
Suburban Housing Accelerator Land Use By-law | 33
Height exemption for a sloped roof
45
(1)
The uninhabitable portion of a main building within a sloped
roof may exceed the maximum required height, as shown in
Schedule 2, by no more than 4.5 metres.
(2)
A sloped roof under subsection (1) does not count towards
(a)
the overall building height, as shown in Schedule 2;
(b)
the determination of building height for a low-rise building,
a mid-rise building, a tall mid-rise building, or a high-rise
building; or
(c)
the determination of a mid-rise typology, a tall mid-rise
typology, or a high-rise typology.
Suburban Housing Accelerator Land Use By-law | 34
Streetwall height determination
46
(1)
A main building with a streetwall width of 10.0 metres or less
must have its streetwall height determined at the centre point of
the streetwall width.
(2)
A main building with a streetwall width exceeding 10.0 metres
must have its streetwall divided into 10.0 metres portions,
except for one portion which may be less than 10.0 metres, and
separate streetwall heights must be determined by measuring
the height at the centre point of each portion (Diagram 2).
Diagram 2: Method for determining streetwall height along a streetline per
section 46
Suburban Housing Accelerator Land Use By-law | 35
Streetwall break determination
47
(1)
Subject to subsection (2), on a corner lot where two intersecting
streetwalls do not make a 90-degree angle, the break between
both streetwalls must be the mid-point of the curve or angle
connecting both streetwalls so that each can meet the
applicable streetwall requirement.
(2)
In order to determine the mid-point of the curve or angle as
stated in subsection (1), the break between front and flanking
streetwalls must be the mid-point, as determined for one of the
following scenarios:
(a)
if a front lot line and a flanking lot line meet at a 90-
degree angle, the line cast from the point of intersection
of the front and flanking lot lines towards the building at
equal angles (Diagram 3); or
(b)
if a front lot line and a flanking lot line do not meet at a 90-
degree angle, the line cast from the point of intersection
of the projected front and flanking lot lines towards the
building at equal angles (Diagram 4).
Diagram 3: Streetwall break determination where front and flanking lot
lines create a 90-degree angle, per clause 47(2)(a)
Suburban Housing Accelerator Land Use By-law | 36
Diagram 4: Streetwall break determination where front and flanking lot
lines do not create a 90-degree angle, per clause 47(2)(b)
Suburban Housing Accelerator Land Use By-law | 37
Division C - Accessory Structure
Applicability
48
An accessory structure or backyard suite use that is erected,
constructed, reconstructed, altered, or located, or an addition to a
accessory structure or backyard suite use must meet the built form
and siting requirements of this Division.
Accessory structure location
49
(1)
An accessory structure must be located
(a)
in the same zone as the main building or use that it is
intended to serve; or
(b)
in an abutting zone in which the main building or use is
permitted.
(2)
An accessory structure must be located
(a)
on the same lot as the main building or use that it is
intended to serve; or
(b)
on a lot that abuts or is directly across a street from the lot
that contains the main building or use, if both lots are
under common ownership.
Accessory structure front or flanking setback
50
An accessory structure must meet the minimum front or flanking
setback requirements, as shown in Schedule 3.
Accessory structure side or rear setback
51
An accessory structure must be located at least 1.25 metres away
from a side or rear lot line.
Suburban Housing Accelerator Land Use By-law | 38
Accessory structure separation distance
52
An accessory structure must be separated from a main building or
another accessory structure on the same lot by at least 1.25 metres.
Accessory structure height
53
An accessory structure's height must not exceed 7.7 metres.
Accessory structure lot coverage
54
Only one accessory structure per lot is exempted from the maximum
required lot coverage calculation if the accessory structure's footprint
is not greater than 20.0 square metres.
Accessory structure footprint and floor area
55
(1)
The maximum required footprint of a new accessory structure is
60.0 square metres.
(2)
The maximum required floor area of a new accessory structure
is 93.0 square metres.
(3)
An enclosed or internal staircase or elevator leading to a
dwelling unit within an accessory structure is exempted from
the floor area requirement in subsection (2).
(4)
An accessory structure that is located in a rear yard and that is
lawfully existing on the coming into force date of this By-law
may change its use into a backyard suite use regardless of its
height, footprint, floor area, side setback, rear setback,
separation distance, or lot coverage, if all other built form
requirements contained within this Division are met.
(5)
An accessory structure that is located in a flanking yard and
that is lawfully existing on the coming into force date of this By-
law may change its use into a backyard suite use regardless of
its height, footprint, floor area, flanking yard set-back, side
setback, rear setback, or lot coverage, if all other built form
requirements contained within this Division are met.
Suburban Housing Accelerator Land Use By-law | 39
Quonset Hut
56
A Quonset hut is not permitted.
Shipping container
57 (1) Subject to subsections (2) and (3), a shipping container is not
permitted.
(2) A shipping container may be used as a dwelling unit, including
as a main building, and must meet zone requirements for the
main building.
(3) A shipping container may be used as a backyard suite use and
must meet the requirements for a backyard suite use. (RC-Dec
11/25;E-Feb 2/26)
Suburban Housing Accelerator Land Use By-law | 40
Division D - Off-Street Parking and
Loading
Motor vehicle parking
58
(1)
An accessory parking lot and parking space must be located
on the same lot as the main use.
(2)
A change of use in an existing structure does not require
additional parking, and parking that is already provided may
remain.
(3)
Subsections (4) and (5) do not apply to a parking space or
accessory parking lot that is associated with
(a)
a low-density dwelling use including a mobile home use;
(b)
a backyard suite use;
(c)
a small shared housing use;
(d)
a short-term bedroom rental use; or
(e)
a home occupation use.
(4)
An accessory parking lot must be
(a)
surfaced with a hard material such as asphalt, concrete,
or permeable pavers; and
(b)
delineated by concrete curbs, with all motor vehicle
parking spaces and driving aisles clearly delineated.
(5)
Except as provided in subsection 76(6), the parking or storage
of motor vehicles is prohibited in a driveway or driving aisle
associated with an accessory parking lot.
Suburban Housing Accelerator Land Use By-law | 41
Parking space and driving aisle dimensions
59
(1)
Except as provided in section 64 and subsection (2), for an
accessory parking lot, parking structure, or parking internal to a
building, a required motor vehicle parking space must be built
to a minimum of 2.4 metres in width and 5.5 metres in length
(Diagram 5).
(2)
For a parking space parallel to an internal driveway, a minimum
length must be 6.1 metres (Diagram 5).
(3)
Except as provided in section 64, a driving aisle between rows
of motor vehicle parking spaces in an accessory parking lot, in
a parking structure, or for parking internal to a building must be
(Diagram 5)
(a)
6.0 metres in width for two-way traffic, or
(b)
3.0 metres in width for one-way traffic.
Diagram 5: Motor vehicle parking space and driving aisle dimensions, per
section 59
Suburban Housing Accelerator Land Use By-law | 42
Number of motor vehicle parking spaces
60
(1)
Table 2 sets out the minimum number of motor vehicle parking
spaces required or the maximum number of motor vehicle
parking spaces permitted for each listed use.
(2)
If a use is not listed in Table 2, a minimum or maximum
parking requirement does not apply.
(3)
If there is more than one use requiring motor vehicle parking,
as listed in Table 2, the number of motor vehicle parking
required on-site must be the cumulative total of what is required
for each use.
(4)
If bicycle parking spaces are required in section 71, 2 additional
bicycle parking spaces may be provided instead of one required
motor vehicle parking space, to a maximum of 25% of required
motor vehicle parking spaces.
(5)
In addition to the substitution permitted in subsection (4), one
enhanced bicycle parking space may be substituted for a
maximum of one required motor vehicle parking space.
Table 2: Required minimum or maximum number of motor vehicle
parking spaces per lot, by use
Land uses
HA zone
Home occupation use
Maximum 1 space
Work-live unit use
Maximum 2 spaces for each work-live unit
Restaurant use
Maximum 1 space for every 35 square metres of floor area
Any other commercial use not
listed within this table
Minimum 1 space for every 35 square metres of floor area
Cultural use
Minimum 1 space for every 10 permanent seats or 1 space for every 100
square metres of floor area, whichever is less
Medical clinic use;
Religious institution use
Minimum 1 space for every 300 square metres of floor area
School use
Minimum 1 space for every classroom
Club recreation use
Minimum 1 space for every 400 square metres lot area
Suburban Housing Accelerator Land Use By-law | 43
Rounding regulation
61
If the calculation for motor vehicle parking results in a fraction of a
motor vehicle parking space, the required number of motor vehicle
parking spaces must be rounded down to the nearest whole number.
Motor vehicle sharing space
62
A required motor vehicle parking space may be used as a motor
vehicle sharing space.
Parking structure
63
(1)
All parking spaces associated with a parking structure use must
be located inside the parking structure or on the roof of the
parking structure.
(2)
Rooftop parking on a parking structure must not be visible from
a streetline.
(3)
A parking structure must meet the requirements of Part III.
Automated vehicle parking system
64
(1)
Motor vehicle parking space and driving aisle dimension
requirements do not apply if an automated vehicle parking
system is used.
(2)
An automated vehicle parking system must be located internal
to a building or in a parking structure.
Parking for a residential use
65
(1)
For a low-density dwelling use excluding a townhouse
dwelling use, a maximum of 30% of the lot may be used for
the parking and maneuvering of motor vehicles, of which a
maximum of 40% of the front or flanking yard may be used
for the parking and maneuvering of motor vehicles.
(2)
For a townhouse dwelling use or multi-unit dwelling use,
parking in a front yard is not permitted.
Suburban Housing Accelerator Land Use By-law | 44
(3)
In addition to subsection 58(2), if a low-density dwelling use is
changed to a townhouse use or multi-unit dwelling use, an
additional parking space in a front yard is not permitted.
Accessory parking lot
66
An accessory parking lot is permitted in a side yard, rear yard, or
internal courtyard.
Pedestrian walk through an accessory parking lot
67
(1)
At least one pedestrian walk through an accessory parking lot
that provides a direct route between parking areas, building
entrances, and the nearest streetline is required.
(2)
A pedestrian walk within an accessory parking lot must be at
least 1.8 metres wide.
(3)
A pedestrian walk within an accessory parking lot must be
delineated by an accessible raised surface that is at least 0.15
metres in height and consists of
(a)
poured concrete;
(b)
brick pavers;
(c)
stone pavers; or
(d)
concrete pavers.
(4)
If a pedestrian walk crosses a driving aisle in an accessory
parking lot, the surface of the pedestrian walk must be
delineated with a change of colour or material from the driving
aisle.
Bicycle parking exemptions
68
Bicycle parking spaces are not required for all of the following uses:
(a)
low-density dwelling use;
(b)
backyard suite use;
Suburban Housing Accelerator Land Use By-law | 45
(c)
short-term bedroom rental use;
(d)
home occupation use;
(e)
home office use;
(f)
small shared housing use;
(g)
work-live unit use;
(h)
urban agriculture use; or
(i)
accessory structure or accessory use.
Bicycle parking exemptions for a change of use
69
A change of use in a structure does not
(a)
require bicycle parking beyond what is already provided
on-site; and
(b)
reduce any existing bicycle parking that is provided on-
site.
Bicycle parking requirement
70
(1)
Direct access to all bicycle parking spaces must be required
from a streetline.
(2)
All bicycle parking spaces must be illuminated.
(3)
All bicycle parking racks must require two points of contact
between each bicycle and rack.
Suburban Housing Accelerator Land Use By-law | 46
Minimum bicycle parking spaces
71
(1)
Table 3 sets out the bicycle parking space requirements that
applies for each use listed.
(2)
If there is more than one use requiring bicycle parking, as listed
in Table 3, then the amount of bicycle parking required on-site is
the cumulative total of what is required for each use.
Table 3: Required number of bicycle parking spaces
Use
General requirement
Required
percentage
of Class A or
Class B
bicycle
parking
Minimum
requirement
for Class B
bicycle
parking
Maximum
requirement
Multi-unit dwelling use
1 space for every 2 units
80% Class A
20% Class B
4 spaces
Not Applicable
Large shared housing use
1 space for every 20
bedrooms
80% Class A
20% Class B
2 spaces
Not Applicable
Local commercial use;
Personal service use;
Restaurant use
1 space for every 300 square
metres of floor area
20% Class A
80% Class B
2 spaces
Not Applicable
Medical clinic use;
Religious institution use
1 space for every 500 square
metres of floor area
50% Class A
50% Class B
2 spaces
Not Applicable
Cultural use
1 space for every 20
permanent seats or 1
space for every 250 square
metres of floor area,
whichever is less
20% Class A
80% Class B
2 spaces
50 spaces
School use
1 space for every 150
square metres of floor area
20% Class A
80% Class B
2 spaces
Not Applicable
Club recreation use;
Community recreation use
(indoor facilities)
10 spaces if less than 500
square metres of floor area;
20 spaces for larger
facilities
20% Class A
80% Class B
Not
Applicable
Not Applicable
Community recreation use
(outdoor facilities)
1 space for every 1,250
square metres lot area
100% Class B
2 spaces
50 spaces
Parking structure use
1 space for every 20 motor
vehicle parking spaces
100% Class B
2 spaces
50 spaces
Any other use not specified
in this Table or not
exempted from bicycle
parking requirements in
sections 69 and 70
1 space for every 500 square
metres of floor area
50% Class A
50% Class B
2 spaces
Not Applicable
Suburban Housing Accelerator Land Use By-law | 47
Rounding regulation
72
If the calculation for bicycle parking results in a fraction of a bicycle
parking space, the required number of bicycle parking spaces must
be rounded down to the nearest whole number.
Class A bicycle parking
73
(1)
Required Class A bicycle parking racks must be located
(a)
within a room that is dedicated to the storage of bicycles;
(b)
within a roofed bicycle cage outside of a building;
(c)
within an enclosed bicycle locker outside of a building;
(d)
within a covered parking structure area reserved for
bicycles; or
(e)
within a resident storage unit located in an indoor parking
area that is associated with a multi-unit dwelling use.
(2)
A bicycle room, roofed bicycle cage, enclosed bicycle locker, or
covered parking structure area reserved for bicycles must be
secured against unauthorized entry.
(3)
Required Class A bicycle parking racks must be any of the
following types:
(a)
inverted-U that is a minimum of 0.90 metres in height;
(b)
post-and-ring that is a minimum of 0.90 metres in height;
(c)
vertical racks that are wall-mounted, not exceeding 50%
of the total number of required Class A bicycle parking
spaces; or
(d)
two-tier racks with a lift-assist.
(4)
All bicycle parking racks and bicycle lockers must be secured to
the ground, floor, or wall.
Suburban Housing Accelerator Land Use By-law | 48
(5)
All outdoor bicycle parking spaces must be surfaced with a hard
material such as asphalt, concrete, or permeable pavers.
(6)
All indoor Class A bicycle parking spaces must be
(a)
located on a ground floor; or
(b)
located within one storey of a ground floor and be
(i)
accessible from a ground floor with ramps, which
are protected from motor vehicle traffic, or
(ii)
accessible from a ground floor by elevator.
(7)
The distance from a Class A bicycle parking space to the
nearest building entrance must not exceed 200 metres.
Class B bicycle parking
74
(1)
Except as provided in subsection (6), Class B bicycle parking
spaces must be located outside of a building in a location that is
visible and accessible from the street.
(2)
Required Class B bicycle parking racks must have a minimum
height of 0.90 metres and be any of the following types:
(a)
inverted-U;
(b)
post-and-ring.
(3)
All bicycle parking racks and bicycle lockers must be secured to
the ground, floor, or wall.
(4)
All outdoor bicycle parking spaces must be surfaced with a hard
material such as asphalt, concrete, or permeable pavers.
(5)
The required distance from a Class B bicycle parking space to
the nearest visitor-accessible building entrance must not
exceed
(a)
15.0 metres for unsheltered bicycle parking; or
Suburban Housing Accelerator Land Use By-law | 49
(b)
30.0 metres for sheltered bicycle parking.
(6)
If the location of a main building prohibits the requirements of
this section from being satisfied, then
(a)
the owner may request an encroachment license from the
Municipality to install the required Class B bicycle parking
spaces in the adjacent public right-of-way. If the
Municipality has granted an encroachment license
allowing Class B bicycle parking spaces to be located in
the street, then a Class B bicycle parking space provided
in accordance with that license may be counted towards a
required Class B bicycle parking; or
(b)
the amount of Class B bicycle parking required can be
located inside the main building within 30.0 metres of the
nearest visitor-accessible building entrance.
Suburban Housing Accelerator Land Use By-law | 50
Bicycle parking geometric
75
(1)
A bicycle parking rack is not permitted within 2.5 metres of a
main building entrance (Diagram 6).
(2)
Bicycle parking racks must be spaced,
(a)
in the direction of a bicycle's width (Diagram 6),
(i)
at least 0.45 metres apart for a vertical rack or two-
tier rack with a lift assist, or
(ii)
at least 0.9 metres apart for other types of rack; and
(b)
in the direction of a bicycle's length (Diagram 6), centered
at least 1.8 metres apart.
(3)
A 1.5-metre wide clear aisle must be provided between rows of
required bicycle parking racks (Diagram 6).
(4)
Except for a wall-mounted rack and a two-tier rack with a lift
assist, a space of 0.6 metres must be provided between bicycle
parking spaces and an obstruction on all sides (Diagram 6).
Diagram 6: Bicycle parking requirements, per section 75
Suburban Housing Accelerator Land Use By-law | 51
Off-street loading space
76
(1)
Except as provided in subsection (2), in addition to required
motor vehicle parking spaces, off-street loading is required as
set out in Table 4.
Table 4: Minimum required number and type of off-street loading
space per lot by use
Use
Minimum required
number and type of
loading spaces
Multi-unit dwelling use - 40 units to 299 units
1 Type A
Multi-unit dwelling use - 300 units or more
2 Type A
A commercial use - 500 square metres to
2,000 square metres of floor area
1 Type A
A commercial use - greater than 2,000
square metres to 5,000 square metres of
floor area
2 Type A
A commercial use - greater than 5,000 square
metres in floor area
2 Type A and 1 Type B
(2)
An off-street loading space is not required
(a)
for a change of use within an existing structure; or
(b)
for an addition that is less than 500 square metres of floor
area.
(3)
A required off-street loading space must be located on the
same lot as the use it is intended to serve.
(4)
A required off-street loading space must be surfaced with a
hard material such as asphalt, concrete, and permeable pavers,
and delineated by concrete curbs or painted lines.
(5)
Except as provided in subsection (6), a required off-street
loading space must be located
(a)
internal to a building;
Suburban Housing Accelerator Land Use By-law | 52
(b)
in a parking structure; or
(c)
in an area of a lot where an accessory parking lot is
permitted in section 66.
(6)
For a multi-unit dwelling use that contains 120 units or less, an
off-street loading space may be located within a driving aisle if
there is an unobstructed access within the driving aisle of 3.0
metres to enable vehicles to maneuver around the loading
space.
(7)
The driving access to an off-street loading space must meet the
width and height requirements of section 77 or 78.
(8)
The screening requirement for required off-street loading
spaces are set out in section 91.
(9)
An off-street loading space must not be used for motor vehicle
parking.
Type A off-Street loading space
77
A Type A off-street loading space must have all of the following
minimum required dimensions:
(a)
3.0 metres in width;
(b)
6.0 metres in length; and
(c)
3.0 metres in height clearance.
Type B off-street loading space
78
A Type B off-street loading space must have the following minimum
required dimensions:
(a)
3.5 metres in width;
(b)
17.0 metres in length; and
(c)
4.3 metres in height clearance.
Suburban Housing Accelerator Land Use By-law | 53
Division E - Sign
Temporary sign by-law
79
This By-law does not apply to a sign regulated by HRM By-law S-801,
A By-law Respecting Licensing of Temporary Signs.
Sign permit exemptions
80
All of the following signs are exempt from the requirement of a
development permit:
(a)
signs giving the name of a building or its civic address;
(b)
signs regulating activities that are not related to traffic,
such as "No Trespassing" or "Beware of Dog" signs, if the
sign does not exceed 0.2 square metre in area;
(c)
signs that pertain to the sale, rental, or lease of real
property on a lot where the signs are displayed, if they:
(i)
are non-illuminated,
(ii)
do not exceed 2.0 square metres in area,
(iii) are removed within 14 days following the sale,
rental, or lease, and
(iv) are limited in number to a maximum of one sign for
every streetline;
(d)
signs regulating traffic on a lot, including directional
signage, if the sign does not exceed 0.5 square metre in
area;
(e)
signs erected by a government;
(f)
notification signs required under municipal by-laws;
(g)
signs interior to a structure;
Suburban Housing Accelerator Land Use By-law | 54
(h)
commemorative signs;
(i)
signs identifying motor vehicle sharing spaces;
(j)
signs that are incidental to a construction in progress, if
the signs:
(i)
are non-illuminated,
(ii)
are located on the same lot as the construction in
progress,
(iii) do not exceed 5.0 square metres in area, and
(iv) are removed within 14 days following the conclusion
of construction;
(k)
only one internally illuminated menu-box sign per
restaurant use, if the sign
(i)
is located within 2.0 metres of the pedestrian
entrance for the restaurant use,
(ii)
does not exceed 0.4 square metres in area, as
measured from the outside of the box, and
(iii) does not project more than 0.1 metres from the wall
on which it is affixed;
(l)
the replacement of a sign face where there is no
alteration of the structure holding the sign;
(m) neighbourhood signs; and
(n)
window and door signs.
Prohibited signs
81
(1)
All of the following types of signs are prohibited:
(a)
signs that create a hazard to public safety;
Suburban Housing Accelerator Land Use By-law | 55
(b)
in the opinion of the traffic authority, signs that
(i)
are a source of danger to traffic on the street, or that
obstruct or interfere with the vision of road users
because of their location, appearance, or
illumination,
(ii)
obscure or interfere with a traffic control sign or
device, or
(iii) resemble the traffic control signs of a public
authority, in shape, colour, message, symbol, or
location;
(c)
signs that obscure or interfere with a warning or
instructional sign;
(d)
signs that obstruct or interfere with a ventilation device,
emergency exit, required exit, window, door opening, or a
wall opening intended as a means of ingress or egress;
(e)
signs that obstruct access to a emergency related
equipment or infrastructure, such as fire hydrants and
firefighting hose connections;
(f)
signs located on fences or retaining walls;
(g)
excluding signs on a registered heritage property, signs
that advertise a product or service that is no longer
available on the premises, or a business that is no longer
in operation;
(h)
signs located on the roof of a structure;
(i)
signs that project above a roof edge or a streetwall
stepback, or extend beyond the edges of a wall to which
they are affixed;
(j)
signs affixed to or painted on natural objects such as
trees or boulders;
Suburban Housing Accelerator Land Use By-law | 56
(k)
excluding neon gas tubing and variable message signs,
signs that use fluorescent colours;
(l)
internally-illuminated fascia signs, except for
(i)
neon gas tubing,
(ii)
open or exposed neon gas tubing channel letters
and characters,
(iii) front-lit, individually raised profile letters and
characters with LED illumination,
(iv) front-lit, standard channel letters and characters
with LED illumination, or
(v)
reverse channel (halo-lit) letters and characters with
either neon gas tubing or LED illumination;
(m) internally-illuminated awning signs;
(n)
signs that incorporate a strobe light or flashing light; and
(o)
signs that interfere with a utility, conduit, or line used for
water, sewage, gas, electricity, or communication.
Variable message sign
82
A variable message sign is permitted if the variable message sign
does not pose a risk to public safety in the opinion of the Engineer.
Ground sign
83
A ground sign must not exceed 4.6 metres in height.
Fascia sign
84
The combined area of all fascia signs on a building wall must not
exceed 10% of the area of the wall that the signs are affixed.
Suburban Housing Accelerator Land Use By-law | 57
Projecting sign
85
(1)
A projecting sign must
(a)
be separated from other projecting signs on the same lot
by no less than 2.5 metres;
(b)
be set back no less than 1.25 metres from a side or rear
lot line;
(c)
not be located within 3.5 metres of the ground directly
below; and
(d)
not exceed 2.0 square metres in area, per sign face.
(2)
No more than one projecting sign is permitted per streetline for
each premise.
Abutting zone requirements
86
All of the following requirements apply:
(a)
a non-illuminated sign must be set back at least 3.0
metres from the abutting lot line;
(b)
an illuminated sign must be set back at least 10.0 metres
from the abutting lot line.
Fascia sign for a home occupation use, short-term bedroom rental
use, and work-live unit use
87
Only one non-illuminated fascia sign that does not exceed 3.0 square
metres in area, is permitted for
(a)
a home occupation use;
(b)
a short-term bedroom rental use; or
(c)
the commercial use or institutional use component of a
work-live unit use.
Suburban Housing Accelerator Land Use By-law | 58
Billboard
88
A billboard is not permitted.
Suburban Housing Accelerator Land Use By-law | 59
Division F - Lighting, Solid Waste,
and Screening
Exterior lighting
89
Exterior lighting must not be directed towards abutting lots or streets.
Solid waste management area
90
(1)
For a building that is greater than 2,000 square metres in floor
area, all solid waste management areas must be located inside
the building.
(2)
For a multi-unit dwelling use, an outdoor solid waste
management area must (RC-Dec 11/25;E-Feb 2/26)
(a)
be located in a side or rear yard; and
(b) not be located within 3.5 metres of a lot line abutting a
residential use.
(3)
For a three-unit dewelling use (RC-Dec 11/25;E-Feb 2/26),
four-unit dwelling use or multi-unit dwelling use, an outdoor
solid waste management area must be wholly enclosed by an
opaque fence or a masonry wall that is at least 1.8 metres in
height for a multi-unit dwelling use, and no less than 1.2
metres in height for a three-unit dwelling use or 1.2 metres
in height for four-unit dwelling use. (RC-Dec 11/25;E-Feb
2/26)
Screening for an accessory parking lot or off-street loading space
91
(1)
Except as provided in subsection (2), in addition to the soft
landscaping requirements for an accessory parking lot under
section 97, along the edge of an accessory parking lot or off-
street loading space that is located within a yard that abuts a
transition line, as shown in Schedule 4, any of the following is
required:
Suburban Housing Accelerator Land Use By-law | 60
(a)
a continuous coniferous hedge that is at least 1.8 metres
in height;
(b)
an opaque fence that is at least 1.8 metres in height; or
(c)
a masonry wall that is at least 1.8 metres in height.
(2)
The screening requirement under subsection (1) does not apply
to a portion of the lot that provides an access to an abutting lot.
Suburban Housing Accelerator Land Use By-law | 61
Division G - Landscaping
Exemptions for a change of use and minor additions
92
Additional hard landscaping or soft landscaping is not required for
(a)
a change of use in a structure; or
(b)
an addition to a main building less than 200.0 square
metres of floor area.
Existing soft landscaping
93
(1)
Existing trees and shrubs may be counted toward the
requirements of this Division if they
(a)
are adequately protected from damage during
development;
(b)
meet the minimum size or caliper requirements specified
within the applicable section of this Division; and
(c)
present and in good health before issuing the first
occupancy permit as certified by a landscape architect or
arborist.
(2)
An existing tree or shrub in a required landscaped buffer may
be counted as one tree or shrub toward the requirements of
sections 99 and 100.
Maintenance of soft landscaping
94
All soft landscaping required under this By-law must be maintained.
Soft landscaping species
95
(1)
If this Division, as part of soft landscaping requirements,
requires the planting of
(a)
between 10 and 19 trees or shrubs, a minimum of three
different tree or shrub species are required; or
Suburban Housing Accelerator Land Use By-law | 62
(b)
20 or more trees or shrubs, a minimum of four different
tree or shrub species are required.
(2)
Invasive or highly toxic plant species, as listed in Appendix 2,
are prohibited as soft landscaping materials.
Soft landscaping for an accessory parking lot
96
(1)
If permitted in Division D, an accessory parking lot that is not
located within an interior courtyard must meet all of the
following soft landscaping requirements along a portion of a lot
line that runs adjacent to the accessory parking lot:
(a)
a 2.5-metre wide strip of soft landscaping; and
(b)
only one of the following:
(i)
one shrub that is at least 1.0 metre in height for
every 2.0 linear metres, or
(ii)
one tree that is not a shrub with a minimum base
caliper of 50 millimetres for every 4.5 linear metres.
(2)
Except for an accessory parking lot for a community recreation
use or a school use, an accessory parking lot must contain all
of the following soft landscaping requirements:
(a)
for every 10 parking spaces in a row, a raised landscaped
area must be provided at each end of the row (Diagram
7);
(b)
each raised landscaped area must be delineated with
curbs and must contain a minimum of one tree (Diagram
7) that are not shrubs, with a minimum base caliper of 50
millimetres; and
(c)
each raised landscaped area's ground area must include
soft landscaping.
Suburban Housing Accelerator Land Use By-law | 63
Diagram 7: Raised landscaped areas within accessory parking lots, per
subsection 102(2)
Specific hard landscaping or soft landscaping
97
(1)
A portion of a front, flanking, side, or rear yard that is not used
for a driveway, parking, off-street loading space, walkway,
wheelchair ramp, stair, or accessory structure must be
landscaped.
(2)
At least 50% of the remaining required landscaping on a lot
must be soft landscaping.
(3)
Except for a balcony, at-grade outdoor amenity space that
contains soft landscaping may be counted towards the
requirement in subsection (2).
Suburban Housing Accelerator Land Use By-law | 64
Division H - Landscaped Buffer
Development exempted from a landscaped buffer
98
The requirements of sections 99 and 100 do not apply to
(a)
a development exempted from requiring a development
permit in section 6;
(b)
a change of use or tenancy in a structure;
(c)
an accessory structure;
(d)
an addition to a main building less than 200.0 square
metres in floor area;
(e)
a low-density dwelling use;
(f)
a renovation; or
(g)
a temporary construction use.
Landscaped buffer
99
(1)
A landscaped buffer must be provided along a lot line that abuts
a transition line, as shown in Schedule 4.
(2)
A required landscaped buffer must have a minimum width of 2.5
metres.
(3)
A structure or parking area is not permitted within a required
landscaped buffer, except for
(a)
a masonry wall or opaque fence required in section 91; or
(b)
subject to subsection (4), an underground parking
structure that does not protrude more than 0.6 metres
above the average finished grade within a side or rear
yard.
Suburban Housing Accelerator Land Use By-law | 65
(4)
If an underground parking structure extends into the required
landscaped buffer, as permitted in clause (3)(b), the applicable
landscape buffer must apply to the surface of the underground
parking structure.
L1 landscaped buffer
100 (1)
A required landscaped buffer must contain either
(a)
one shrub that is at least 1.0 metre in height for every 2.0
linear metres of buffer; or
(b)
one tree that is not a shrub with a minimum base caliper
of 50 millimetres for every 4.5 linear metres of buffer.
(2)
Trees or shrubs required in clauses (1)(a) and (1)(b) may be
grouped.
(3)
The remainder of a required landscaped buffer must contain
soft landscaping.
Landscape plan
101 (1)
If required under section 9, a development permit application
must include a landscape plan stamped and signed by a
landscape architect who certifies that the plan meets the
minimum requirements of this By-law.
(2)
The landscape plan must depict the design of all hard
landscaping or soft landscaping required for the development,
and must indicate all of the following:
(a)
the current and proposed site topography, including the
location of a significant gradients;
(b)
the footprints of all existing and proposed buildings,
including underground parking structures;
(c)
the planting areas and details for all new vegetation and
groundcover, including location, quantity, size, and both
Suburban Housing Accelerator Land Use By-law | 66
the common and botanical names that identify the
species and variety;
(d)
the location and identification of existing vegetation that
will be used to meet the requirements of section 93;
(e)
the protection measures, such as hoardings, for existing
soft landscaping that is to be maintained;
(f)
the construction details for all hard-landscaped areas,
including design specifications, dimensions, paving
materials, and locations;
(g)
the manufacturers' specifications, such as model and
colour, for all seating, light standards and fixtures, waste
receptacles, bicycle parking racks, roofed bicycle cages,
enclosed bicycle lockers, tree grates or guards, bollards,
planter seating walls, wood arbours, outdoor furniture,
solid waste management area enclosures, railings, and
fencing;
(h)
additional information that a development officer of the
Municipality requires to determine if the development
complies with this By-law.
(3)
All soft landscaping specified on a landscape plan must comply
with the latest edition of the Canadian Landscape Standard.
Suburban Housing Accelerator Land Use By-law | 67
Division I - Design Requirement
Development subject to design requirement
102 (1)
Except as provided in subsection (2) and (3), a development
must meet all the applicable design requirements contained
within this Division.
(2)
All of the following developments are exempted from the design
requirements in this Division:
(a)
a development that is exempted from requiring a
development permit in section 6;
(b)
a low-density dwelling use, except for a townhouse
dwelling use;
(c)
a backyard suite use;
(d)
an enlargement, alteration, and replacement in an
existing window and door opening;
(e)
a new window and door opening;
(f)
a building addition with a floor area of 500 square metres
or less that does not alter a streetwall;
(g)
a building addition that alters a streetwall if the addition
does not exceed 10.0 metres along the width of the
streetwall;
(h)
a change to external cladding materials for a wall that is
not a streetwall;
(i)
a change to external cladding materials for no more than
40% of a streetwall;
(j)
a renovation; (RC-Mar 18/25; EFF-Apr 23/25)
(k)
the installation and replacement of a minor building
feature;
Suburban Housing Accelerator Land Use By-law | 68
(l)
a change of use or tenancy in a building that does not
change the external appearance of the building, beyond
what is already exempted within this section;
(m) a temporary construction use;
(n)
an accessory structure;
(o)
steps, stairs, ramps, and other building entrances or
entrance features;
(p)
a sign;
(q)
a transportation facility use.
(3)
For an addition to a main building that requires the applicability
of the design requirements,
(a)
the design requirements applies only to the addition; and
(b)
streetwall articulation requirements in section 105 does
not apply.
Suburban Housing Accelerator Land Use By-law | 69
Outdoor amenity space
103 (1)
This section applies where outdoor amenity space is
(a)
provided either at-grade or on a rooftop;
(b)
required by section 17; and
(c)
at least 30.0 square metres in size.
(2)
Outdoor amenity space must
(a)
include all of the following elements:
(i)
unobstructed access,
(ii)
permanent seating, and
(iii) general lighting, as required by section 115; and
(b)
offer weather protection to its users, by providing any of
the following methods (Diagram 8):
(i)
within the outdoor amenity space, a new deciduous
tree that is not a shrub or the retention of an existing
deciduous tree that is not a shrub with a minimum
base caliper of 100 millimetres,
(ii)
within the outdoor amenity space, structures such
as gazebos, pergolas, or covered site furnishings,
(iii) canopies or awnings on facades that abut the
outdoor amenity space,
(iv) a recessed entrance or facade that abuts the
outdoor amenity space,
(v)
a cantilever over an entrance of a main building that
abuts the outdoor amenity space.
Suburban Housing Accelerator Land Use By-law | 70
Diagram 8: Weather protection for outdoor amenity space, per clause
103(2)(b)
(3)
Except for a swimming pool, sports court, or playground, in
addition to the requirements of subsection (2), outdoor amenity
space must provide any of the following materials for
groundcover:
(a)
vegetation;
(b)
brick pavers;
(c)
stone pavers;
(d)
concrete pavers;
(e)
wood, excluding composites.
Suburban Housing Accelerator Land Use By-law | 71
Privacy for a grade-related dwelling unit
104 The space located between each grade-related dwelling unit and the
streetline must include any of the following methods for privacy
(Diagram 9):
(a)
the planting of a deciduous tree, that is not a shrub, with a
minimum base caliper of 50 millimetres;
(b)
the planting of a minimum of two shrubs, each at least 1.0
metre in height;
(c)
the installation of a planter ranging in height from 0.25 to
1.0 metre;
(d)
the installation of a masonry wall ranging in height from
0.25 to 1.0 metre.
Diagram 9: Methods for providing privacy to grade-related dwelling units,
per section 104
Suburban Housing Accelerator Land Use By-law | 72
Streetwall articulation
105 (1)
A streetwall must be divided into distinct sections between 0.3
metres and 10.0 metres in width, extending from the ground to
the top of the streetwall.
(2)
Each distinct section required under subsection (1) must be
differentiated from abutting distinct sections by using at least 2
of the following methods (Diagram 10):
(a)
different colours;
(b)
different materials;
(c)
different textures;
(d)
living walls;
(e)
projections;
(f)
recesses.
(3)
A projection or recess used under subsection (2) must be at
least 0.15 metres deep.
Diagram 10: Methods for articulation for streetwalls or exterior walls that
abut a front or flanking yard, per section 105
Suburban Housing Accelerator Land Use By-law | 73
Side wall articulation
106 If a main building has a side setback that is at least 2.0 metres, the
wall facing the side lot line must continue the streetwall articulation for
a depth of at least double the side setback distance, using the same
options chosen under section 105 (Diagram 11).
Diagram 11: Methods for side wall articulation, per section 106
Suburban Housing Accelerator Land Use By-law | 74
Pedestrian entrance along a streetwall
107 (1)
A pedestrian entrance in the streetwall must be distinguished
from the streetwall by using at least 2 of the following
methods:
(a)
different colours;
(b)
different materials;
(c)
projections;
(d)
recesses;
(e)
a change in height;
(f)
a change in the roofline.
(2)
A projection or recess used under subsection (1) must be at
least 0.15 metres in depth.
(3)
A canopy or awning must not be used to meet the requirements
of subsection (1).
Number of pedestrian entrances for a grade-oriented premise
108 At least one pedestrian entrance is required for each grade-oriented
premise within the streetwall.
Ground floor transparency
109 The building's ground floor façade within a streetwall must consist of
clear glass glazing of
(a)
for commercial uses, a minimum requirement of 50%; or
(b)
for all other uses, a minimum requirement of 25%.
Suburban Housing Accelerator Land Use By-law | 75
Weather protection for entrances
110 Except for an entrance of a grade-related dwelling unit, if an entrance
for a multi-unit dwelling use, a commercial use listed in clause 134(b),
or an institutional use listed in clause 134(d) is provided in the
streetwall, weather protection for pedestrians must be provided above
the entrances and must consist of any of the following methods
(Diagram 12):
(a)
canopies;
(b)
awnings;
(c)
recessed entrances;
(d)
cantilevers.
Diagram 12: Methods of weather protection for entrances, per section 110
Suburban Housing Accelerator Land Use By-law | 76
Exposed foundations and underground parking structures
111 An exterior foundation wall, and underground parking structure that is
protruding more than 0.6 metres above grade, must be clad in the
same material as those used on the wall that connects to the exterior
foundation wall or underground parking structure.
Rooftop mechanical feature
112 A rooftop mechanical feature must be visually integrated into the
overall design of the building top and screened.
Townhouse façade articulation
113 (1)
Subject to subsection (2), if a townhouse block contains 4 or
more townhouse dwelling units, that portion of the façade that
faces a street must be differentiated from the abutting unit by
using any of the following methods:
(a)
different colours;
(b)
different materials;
(c)
different textures;
(d)
projections;
(e)
recesses.
(2)
A projection or recess used under subsection (1) must
(a)
be at least 0.3 metres in depth; and
(b)
extend from the ground to the top of the façade that is
facing the streetline.
Parking internal to a building or within a parking structure
114 If parking is internal to a building, including a parking structure, a
motor vehicle parking area must be screened from view from a
streetline.
Suburban Housing Accelerator Land Use By-law | 77
General lighting
115 All of the following features must be illuminated:
(a)
a common building entrance;
(b)
a pedestrian walk under subsection 67(3);
(c)
an outdoor amenity space under section 102; and
(d)
an accessory parking lot.
Prohibited materials for awning or canopy
116 Vinyl or high-gloss fabric is not permitted in an awning or canopy.
Suburban Housing Accelerator Land Use By-law | 78
Division J - Wind Energy Facility
Wind energy overlay zone
117 This By-law establishes the following wind energy overlay zone in the
entire planning area, as shown in Schedule 1: Restricted (R).
Restricted (R) zone
118 A wind energy facility is prohibited in the R zone.
Suburban Housing Accelerator Land Use By-law | 79
Division K - Interim Incentive or
Bonus Zoning
Public benefit for incentive or bonus zoning
119 (1)
Except as provided in subsection (2), incentive or bonus zoning
is required for developments other than low-density dwelling
use developments on Lands identified on Schedule 1.
(2)
Incentive or bonus zoning is not required for developments on
Lands identified on Schedule 1 if a development officer of the
Municipality is satisfied that
(a) on 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
before 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,
(v) an agent of the Provincial or Federal Government.
Suburban Housing Accelerator Land Use By-law | 80
(3)
If an applicant provides incentive or bonus zoning under
subsection (1), a development officer of the Municipality may
require the applicant to enter into an incentive or bonus zoning
agreement.
(4)
If an incentive or bonus zoning agreement is required under
subsection (3), a development permit must not be issued until
the agreement is executed by all the parties and filed in the
Provincial Land Registration Office.
Calculation of the public benefit value
120 The public benefit value required under section 119 is calculated
using the following formula
PBV = 0.2(NFA - 2000)(BR)
in which
PBV = public benefit value in Canadian dollars
NFA = new floor area in square metres
BR = bonus rate in Canadian dollars per square metre as provided in
section 122
Deadline to complete public benefit
121 An applicant must complete a public benefit as described in section
119 before a certificate of occupancy is issued.
Suburban Housing Accelerator Land Use By-law | 81
Incentive or bonus zoning rate
122 (1)
The bonus rate for the districts as identified in Schedule 5 are
set out for Districts A through E, as of April 2023, in Table 5.
(2)
The bonus rates in Table 5 must be adjusted annually as
described in section 122.
Table 5: Incentive or bonus zoning rates and districts
Bonus rate
district
Name of bonus rate district
Bonus rate, 2023
(per square metre)
A
Bedford
$204.47
B
Cole Harbour-Westphal
$157.29
C
Greater Dartmouth
$169.87
D
Halifax Mainland
$223.35
E
Lower Sackville except Sackville Drive
$141.56
Incentive or bonus zoning rate adjustment
123 (1)
Subject to subsection (2), before calculating a required public
benefit value, the bonus rate as listed in Table 5 must be
adjusted annually on April 1st according to the changes to the
Halifax All-Items Consumer Price Index released by Statistics
Canada by using the method specified as follows:
Step 1
The percentage change in the Halifax All-Items
Consumer Price Index (CPI) must be determined:
(a)
by 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
Suburban Housing Accelerator Land Use By-law | 82
Price Index for the base year in which
this By-law was adopted, or the year
where the values in Table 5 of the By-
law were 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 must then be multiplied by the bonus rate(s)
found in Table 5 of this By-law.
Step 3
The product of Step 2 must then be added to the
bonus rate(s) found in Table 5 of this By-law, with
the resulting sum(s) becoming the new bonus
rate(s) for the current bonus rate year.
(2)
If the Halifax All-Items Consumer Price Index declines or
remains unchanged in a given year, there is no change in the
bonus rates for that year.
(3)
The bonus rate for the calculation of the required public benefit
value must be the bonus rate at the time a complete application
for a development permit is received by the Municipality.
(4)
If the development permit in subsection (3) expires and an
application for a new development permit is made for the same
development, the value of the public benefit is the difference
between the bonus zoning rate at the time the new complete
application is received and the bonus zoning rate previously
paid.
Proposal for required public benefit
124 An applicant who is required to provide a public benefit must, in a
format acceptable to a development officer of the Municipality, submit
(a)
a public benefit value calculation as described in section
120; and
(b)
a public benefit proposal with their application for a
development permit.
Suburban Housing Accelerator Land Use By-law | 83
Public benefit category
125 Subject to subsection 126(1), an applicant who is required to provide
for incentive or bonus zoning must provide money-in-lieu for
affordable housing, and must provide one or a combination of the
following public benefits in addition:
(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;
(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;
(h)
public art on the development site.
Money-in-lieu for affordable housing
126 (1)
The minimum proportion of the total required public benefit
value that must be allocated to money-in-lieu for affordable
housing is 60%.
(2)
Money-in-lieu accepted for affordable housing must 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-
Suburban Housing Accelerator Land Use By-law | 84
profit organization or registered Canadian charitable
organization;
(b)
the acquisition of a building, housing unit, or property 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
Charter; or
(e)
a combination of clauses (a) to (d).
Heritage conservation as public benefit
126.1 (1)
Notwithstanding sections 125 and 126, on a registered heritage
property or on a property within a heritage conservation district,
90% of the public benefit must 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 must be in the form of
money-in-lieu for affordable housing.
(3)
The applicant must 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
must not be altered or demolished under Section 18 of the
Heritage Property Act.
On-site public art
127 If a public art is provided as a public benefit on-site, the public art
must
Suburban Housing Accelerator Land Use By-law | 85
(a)
be located on the development site, 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.
Unacceptable forms of public art
128 All of the following items do not qualify as acceptable forms of public
art under the incentive or bonus zoning program:
(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, if
(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;
(f)
landscape design, a landscape garden, or garden feature
including a fountain, garden furnishing, or other
infrastructure, except for those elements that have been
conceived of by a professional artist independently or in
collaboration with other design professionals and deemed
to be an integral component of an artwork.
Suburban Housing Accelerator Land Use By-law | 86
Incentive or bonus zoning agreement
129 (1)
An incentive or bonus zoning agreement required by a
Development Officer must contain all of the following terms:
(a)
the identification of the development site;
(b)
design drawings, provided by the applicant, for a required
or provided public benefit;
(c)
if required by a development officer of the Municipality,
detailed construction drawings, site plans, specifications,
cost estimates, or appraisals prepared by an appraiser for
a required or provided public benefit;
(d)
the identification of conditions required by the Municipality
before the public benefit is accepted;
(e)
if required, provisions for the auditing and reporting of
public benefits; and
(f)
any other terms or conditions that a development officer
of the Municipality requires.
(2)
An incentive or bonus zoning agreement must be signed by the
owner.
(3)
Subject to subsections (4) and (5), and in accordance with
section 31A of the Charter, Council delegates all of the following
authorities to a development officer of the Municipality:
(a)
entering into an incentive or bonus zoning agreement, or
an amendment to an incentive or bonus zoning
agreement, on behalf of the Municipality;
(b)
discharging 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;
Suburban Housing Accelerator Land Use By-law | 87
(c) signing the discharge, including a discharge agreement,
on behalf of the Municipality.
(4)
In accordance with subsection 31A(5) of the Charter, where an
incentive or bonus zoning agreement entered into by a
development officer of the Municipality commits the Municipality
to a expenditure, the agreement has no force or effect until
approved by Council.
(5)
In accordance with subsection 31A(4) of the Charter, an
incentive or bonus zoning agreement entered into by a
development officer of the Municipality, or an amendment to
such an agreement, must be signed by the Mayor and the
Municipal Clerk on behalf of the Municipality.
Suburban Housing Accelerator Land Use By-law | 88
Division L - Watercourse
Coastal area
130 (1)
Subject to subsections (2) and (3), if a lot abuts the coast of the
Atlantic Ocean, including its inlets, bays, and harbours, a
development permit must not be issued for a portion of a main
building or a backyard suite use, including their basements, that
are proposed to be erected, constructed, altered, reconstructed,
or located at an elevation less than 3.2 metres above the
Canadian Geodetic Vertical Datum 2013 (CGVD2013) standard
(Diagram 13) for
(a)
a residential use listed in clause 134(a);
(b)
a commercial use listed in clause 134(b); or
(c)
an institutional use listed in clause 134(d).
Diagram 13: Coastal area elevation requirements, per subsection 130(1)
Suburban Housing Accelerator Land Use By-law | 89
(2)
A development permit must not be issued except for a parking
lot, parking structure use, underground parking structure,
amenity space, or a storage space permitted in this By-law that
is
(a)
accessory to a main building; and
(b)
proposed to be erected, constructed, altered,
reconstructed, or located at an elevation less than 3.2
metres above the Canadian Geodetic Vertical Datum
2013 (CGVD2013) standard.
(3)
A portion of a main building or a backyard suite use, including
below grade portions, located lower than the elevation required
in subsection (1) that existed on the coming into force date of
this By-law, may be expanded if such expansion does not
increase the footprint of a portion of the main building or
backyard suite use located lower than the elevation required in
subsection (1) by more than 25%, or further reduce the existing
elevation of the main building or the backyard suite use.
(4)
Before issuing a development permit, a development officer of
the Municipality may require a site plan certified by a surveyor
or professional engineer that is drawn to scale and shows land
contours and lot grading information, to determine if a main
building or a backyard suite use that is being proposed to be
erected, constructed, altered, reconstructed, or located on a lot
that abuts the coast of the Atlantic Ocean meets the
requirements of this Section.
Watercourse buffer
131 (1)
A development permit must not be issued for a development
within 20 metres of the ordinary high water mark of a
watercourse.
(2)
If the average slope of land within the minimum required 20-
metre watercourse buffer exceeds 20%, the buffer width must
increase by 1.0 metre for each additional 2% of slope above
20%, to a maximum of 60 metres.
Suburban Housing Accelerator Land Use By-law | 90
(3)
If a wetland and a watercourse are contiguous, the watercourse
buffer must be applied from the outermost boundary of the
wetland and watercourse.
(4)
Subject to subsections (5) and (8), within the watercourse buffer
required in subsections (1), (2), and (3), no excavation, infilling,
or the removal of a tree, stump, or other vegetation, nor any
other change, is permitted.
(5)
Within the watercourse buffer required in subsections (1), (2),
and (3), vegetation may be removed to permit any of the
following activities:
(a)
subject to subsection (6), one accessory structure,
including a boathouse, and one attached uncovered
balcony or patio, occupying a maximum of 20.0 square
metres, combined;
(b)
boardwalks, walkways, trails, and driveways not
exceeding 3.0 metres in width;
(c)
fences;
(d)
water access structure uses, boat ramps, parks on public
land, and historic site or monument uses;
(e)
streets; or
(f)
water, wastewater, and stormwater infrastructure.
(6)
If a main building existed on the coming into force date of this
By-law and is located within a required watercourse buffer, an
accessory structure that is permitted in clause (5)(a) must not
be located any closer to the watercourse than the main building
that existed on the coming into force date of this By-law.
(7)
If the configuration of a lot is such that no main building can be
located on the lot, the watercourse buffer distance required in
subsections (1), (2), and (3) may be reduced in a manner that
would provide the greatest possible separation from a
Suburban Housing Accelerator Land Use By-law | 91
watercourse, if the other setback distance requirements are
met, for lots that
(a)
existed before August 26, 2006; or
(b)
were approved as a result of a tentative or final
subdivision application on file before August 26, 2006.
(9)
Within a required watercourse buffer, a development officer of
the Municipality may authorize the removal of windblown,
diseased, or dead trees that are deemed to be hazardous or
unsafe to persons or property, or the selective removal of
vegetation to maintain the overall health of the buffer, if a
management plan is submitted by a qualified professional.
Wetland
132 A development is permitted within a wetland only if an approval that
permits the alteration or infilling of a wetland has been received from
the Province of Nova Scotia.
Suburban Housing Accelerator Land Use By-law | 92
Part III - Housing
Accelerator (HA)
Designation
Suburban Housing Accelerator Land Use By-law | 93
List of zones in the HA designation
133 This By-law establishes a Housing Accelerator (HA) zone in the
Housing Accelerator (HA) designation as shown in Schedule 1.
HA zone permitted uses
134 All of the following uses are permitted in a HA zone:
(a)
all of the following residential uses:
(i)
a single-unit dwelling use, semi-detached dwelling
use, duplex apartment use, two-unit dwelling use,
three-unit dwelling use, and four-unit dwelling use,
(RC-Mar 18/25; EFF Apr-23/25)
(ii)
a townhouse dwelling use,
(iii) a multi-unit dwelling use,
(iv) a backyard suite use,
(v)
a small shared housing use and large shared
housing use,
(vi) a short-term bedroom rental use if the dwelling unit
is the primary residence of the operator as
authorized by subsection 20(2), and
(vii) a home occupation use, home office use, work-live
unit use, grade-related dwelling unit use, and model
suite use;
(b)
all of the following commercial uses:
(i)
a catering use, local commercial use, makerspace
use, personal service use, pet daycare use,
restaurant use, studio use, and veterinary facility
use, if they are on the ground floor, and
Suburban Housing Accelerator Land Use By-law | 94
(ii)
a short-term rental use if the dwelling unit is a low-
density dwelling use and is the primary residence of
the operator as authorized by subsection 20(1);
(c)
all of the following urban agriculture uses:
(i)
a farmer's market use, and
(ii)
urban farm use;
(d)
all of the following institutional uses:
(i)
a cultural use,
(ii)
a daycare use,
(iii) an emergency service use, library use, school use,
and shelter use,
(iv) a medical clinic use, and
(v)
a religious institutional use;
(e)
all of the following park and community facility uses:
(i)
a club recreational use,
(ii)
a community recreation use,
(iii) a conservation use, and
(iv) a park use;
(f)
a water access structure use;
(g)
an accessory structure or use, historic site or monument
use, parking structure use, temporary construction use,
transportation facility use, and utility use.
HA zone lot area
135 The minimum required lot area in a HA zone is
Suburban Housing Accelerator Land Use By-law | 95
(a)
130.0 square metres for an interior unit on the ground floor
of a townhouse dwelling use; or
(b)
220.0 square metres for a use that is not under clause (a),
including an end unit on the ground floor of a townhouse
dwelling use or duplex apartment use.
(RC-Mar 18/25; EFF-Apr 23/25)
HA zone lot frontage
136 (1)
The minimum required lot frontage in a HA zone is 12.2
metres except as provided in subsection (2).
(2)
The minimum required lot frontage for a townhouse dwelling
use is
(a)
4.5 metres for an interior unit on the ground floor of a
townhouse dwelling use; or (RC-Mar 18/25; EFF-Apr
23/25)
(b)
7.5 metres for an end unit on the ground floor of a
townhouse dwelling use, semi-detached dwelling use,
and duplex apartment use. (RC-Mar 18/25; EFF-Apr
23/25)
HA zone lot coverage
137 The maximum required lot coverage in a HA zone is 70.0%.
HA zone front or flanking setback
138 The minimum required front or flanking setback for a main building,
including below grade, in a HA zone is 2.5 metres except as provided
in Schedule 3.
HA zone side setback
139 (1)
The minimum required side setback for a main building in a HA
zone is 3.0 metres except as provided in subsections (2) to (5).
Suburban Housing Accelerator Land Use By-law | 96
(2)
The minimum required side setback in subsection (1) may be
exempted along a common wall between each unit of a semi-
detached dwelling use, duplex apartment use, or townhouse
dwelling use. (RC-Mar 18/25; EFF-Apr 23/25)
(3)
The minimum required side setback in subsection (1) may be
(a)
reduced to 1.5 metres for a building or portion of a
building below grade; or
(b)
exempted for an underground parking structure that does
not protrude more than 0.6 metres above the average
finished grade in a side yard.
(4)
The minimum required side setback in a HA zone is 6.0 metres
from a transition line, as shown in Schedule 4, except for a low-
rise building. (RC-Mar 18/25; EFF-Apr 23/25)
(5)
The minimum required side setback in a HA zone is 12.5
metres for a portion of the high-rise building above the
streetwall height.
HA zone rear setback
140 (1)
Except as provided in subsections (2) and (3), the minimum
required rear setback in a HA zone is
(a)
6.0 metres for a main building that has 6 storeys or less,
or
(b)
8.0 metres for all other main buildings.
(2)
The minimum required rear setback in a HA zone may be
(a)
reduced to 1.5 metres for a main building or portion of a
main building below grade; or
(b)
exempted for an underground parking structure that does
not protrude more than 0.6 metres above the average
finished grade in a side yard.
Suburban Housing Accelerator Land Use By-law | 97
(3)
The minimum required rear setback in a HA zone is 12.5
metres for a portion of the high-rise building above the
streetwall height.
HA zone building height
141 The maximum required building height in a HA zone is as specified in
Schedule 2.
HA zone maximum streetwall height
142 The maximum required streetwall height in a HA zone is
(a)
for a main building that is constructed using wood-frame
construction or encapsulated mass timber construction,
and
(i)
is no taller than 6 storeys, the building height, or
(ii)
is taller than 6 storeys, 6 storeys; or
(b)
for a main building other than clause (a)
(i)
that is no taller than 5 storeys, the building height,
or
(ii)
that is taller than 5 storeys, 3 storeys.
HA zone minimum streetwall height
143 (1)
Except as provided in subsections (2) and (3), the minimum
required streetwall height in a HA zone is
(a)
for a main building that is 2 storeys or less, the building
height; or
(b)
2 storeys elsewhere.
(2)
The minimum streetwall height required in subsection (1) may
be reduced to 1 storey along a streetline if the reduced portion
of the streetwall does not exceed 20% of the entire streetwall
width.
Suburban Housing Accelerator Land Use By-law | 98
(3)
The minimum streetwall height required in subsection (1) may
be reduced to 1 storey along a streetline if the slope exceeds
4% across the building width or building depth.
HA zone streetwall stepback
144 (1)
Except as provided in subsections (2) to (4), the minimum
required streetwall stepback in a HA zone is
(a)
2.0 metres for a mid-rise building;
(b)
3.0 metres for a tall mid-rise building; or
(c)
4.5 metres for a high-rise building.
(2)
A streetwall stepback is not required for a main building that
meets subclauses 142(a)(i) or 142(b)(i).
(3)
A streetwall stepback is not required for a maximum of 20% of
the length of a main building facing each streetline.
(4)
The minimum required streetwall stepback in a HA zone for a
building wall that faces a transition line is
(a)
2.5 metres for a mid-rise building;
(b)
6.0 metres for a tall mid-rise building; or
(c)
6.0 metres for a high-rise building.
(5)
A portion of a main building above the streetwall must not
project beyond the streetwall towards the front or flanking lot
line.
HA zone recessed portions and cantilevers within streetwalls
145 (1)
Subject to subsection (2), the total combined width of all
cantilevered and recessed portions within a streetwall that
have a depth of 2.0 metres or greater must not exceed 30% of
the width of the streetwall.
Suburban Housing Accelerator Land Use By-law | 99
(2)
Cantilevered and recessed portions described in subsection (1)
include a portal, but exclude a balcony and recessed pedestrian
entrance.
HA zone side and rear stepbacks
146 (1)
Subject to subsection (2), for a tall mid-rise building, a
portion of a main building above the height of the streetwall
must have a minimum required
(a)
side stepback of 2.5 metres; and
(b)
rear stepback of 4.5 metres.
(2)
Except as provided in subsection (4), if a lot abuts a transition
line, the wall of a main building facing the transition line must
have a required side and rear stepback on the 2nd, 3rd, or 4th
storey.
(3)
The side or rear stepback in subsection (2) must have a
minimum of
(a)
0.0 metres for a low-rise building;
(b)
2.0 metres for a mid-rise building;
(c)
6.0 metres for a tall mid-rise building; or
(d)
6.0 metres for a high-rise building.
(4)
The side or rear stepbacks under subsections (1) and (2) are
not required if an entire main building has a minimum side and
rear setback of
(a)
8.0 metres for a mid-rise building;
(b)
12.0 metres for a tall mid-rise building; or
(c)
12.0 metres for a high-rise building.
Suburban Housing Accelerator Land Use By-law | 100
HA zone separation distance
147 (1)
If more than one portion of a main building protrudes above
grade, the above grade portions must be separated by at least
4.0 metres.
(2)
Above the streetwall height, portions of the same main building
must be separated by a minimum required distance of
(a)
6.0 metres between a mid-rise typology and another mid-
rise typology;
(b)
6.0 metres between a mid-rise typology and a tall mid-rise
typology;
(c)
12.5 metres between a mid-rise typology and a high-rise
typology;
(d)
12.5 metres between a tall mid-rise typology and another
tall mid-rise typology;
(e)
12.5 metres between a tall mid-rise typology and a high-
rise typology; or
(f)
25.0 metres between a high-rise typology and another
high-rise typology.
HA zone maximum building dimension
148 (1)
Except for a structure that is below 0.6 metres above the
average finished grade, a building in a HA zone must not
exceed all of the following:
(a)
a building width of 64.0 metres;
(b)
a building depth of 64.0 metres.
(2)
The tower portion of a high-rise building in a HA zone must not
exceed all of the following:
(a)
a building width of 40.0 metres;
Suburban Housing Accelerator Land Use By-law | 101
(b)
a building depth of 35.0 metres;
(c)
an average floor area of 900 square metres per storey as
calculated for the tower portion of the building.
HA zone ground floor
149 (1)
A ground floor in a HA zone must be established along a
streetline except as provided in subsection (2).
(2)
On a corner lot, for a streetwall along a streetline that has an
average finished grade exceeding a slope greater than 8%,
which is extended across the entire width of the streetwall, the
requirement for a ground floor in subsection (1) does not apply.
(3)
A ground floor in a HA zone must have a minimum required
depth of 3.0 metres as measured from an exterior wall of a
main building that is facing a streetline.
(4)
Subject to section 130, and except as provided in subsection
(5), each ground floor in a HA zone must, for at least 70% of
each streetwall,
(a)
commence no lower than 0.6 metres below the streetline
grade; and
(b)
commence no higher than 0.6 metre above the streetline
grade.
(5)
The ground floor of a grade-related dwelling unit use must
(a)
subject to section 130, commence no lower than 1.5
metres below the streetline grade; and
(b)
commence no higher than 1.5 metres above the streetline
grade.
(6)
The ground floor height of a grade-related dwelling unit use, or
a residential lobby on a floor containing a grade-related
dwelling unit use, must be at least 3.5 metres except as
Suburban Housing Accelerator Land Use By-law | 102
provided in subsection (7) and except for a low-density dwelling
use.
(7)
The ground floor height as required in subsection (6) may be
reduced if the ground floor height of an addition is equal to or
greater than the ground floor height of the existing main
building.
HA zone grade-oriented premise
150 (1)
Except as provided in subsections (2) and (3), a grade-oriented
premise in a HA zone must
(a)
be located along a streetline;
(b)
be required for the full width of the streetwall, except for
(i)
only one entrance to internal parking located above
or below the ground floor,
(ii)
a portal,
(iii) an emergency exit, or
(iv) an entrance to a room dedicated to a solid waste
management area;
(c)
not exceed a maximum width of 24.0 metres for each
premise facing a streetline; and
(d)
contain an independent pedestrian entrance for each
premise facing a streetline.
(2)
Subsection (1) does not apply to
(a)
a change of use;
(b)
a low-density dwelling use;
(c)
a religious institution use;
(d)
a cultural use; or
Suburban Housing Accelerator Land Use By-law | 103
(e)
a shared housing with special care use.
(3)
For an addition to a main building, the requirement in
subsection (1) applies only to the length of the streetwall
addition.
(4)
A grade-oriented premise in a HA zone must have a minimum
required depth of 3.0 metres as measured from an exterior wall
of a main building that is facing a streetline.
Suburban Housing Accelerator Land Use By-law | 104
Part IV - Interpretation
Suburban Housing Accelerator Land Use By-law | 105
Division A - Interpretation
Diagrams
151 All diagrams in this By-law are
(a)
for explanatory purposes only;
(b)
do not form a part of this By-law; and
(c)
not to scale.
Defined terms
152 A term not defined in Division B - Definitions of this By-law, the
Charter, or the Interpretation Act (Nova Scotia) has its ordinary and
grammatical meaning.
Most restrictive requirement applies
153 If two or more requirements of this By-law conflict, the most restrictive
requirement applies.
Interpretation of zone boundaries
154 The location of a zone shown on a schedule of this By-law is
determined as follows:
(a)
if a zone boundary is indicated as following a street, the
boundary is the streetline of the street;
(b)
if a zone boundary is indicated as following a street, the
boundary must follow a change made by the Municipality
to the streetline;
(c)
if a portion of a street is closed to public use, the former
street lands are assigned the same zone as the abutting
lands;
(d)
if a zone boundary is shown following lot lines, the
boundary follows lot lines, and if those lot lines are
Suburban Housing Accelerator Land Use By-law | 106
modified by subdivision after the coming into force date of
this By-law, the boundary must remain unchanged and as
shown on the schedule;
(e)
if a zone boundary is shown not following lot lines, the
boundary is as shown on the schedule, and if the lot lines
are modified by subdivision after the coming into force
date of this By-law, the boundary must remain unchanged
and as shown on the schedule;
(f)
if a zone boundary follows a shoreline and if infill occurs,
the boundary must follow the new ordinary high water
mark;
(g)
if a portion of a watercourse is filled in beyond the
boundary of a zone, or if a building is constructed over
water beyond the limits of the boundary, the infilled land
or a portion of a building constructed over water must be
included in the same zone as the on-shore portion of the
same lot;
(h)
if clauses (a) to (g) do not apply, the boundary is as
shown on the appropriate schedule referenced within this
By-law; and
(i)
if a transportation reserve is applied to an area of land,
section 239 of the Charter applies.
Suburban Housing Accelerator Land Use By-law | 107
Division B - Definitions
155 The definitions in this section apply in this By-law:
(1)
Accessory Parking Lot means a parking lot, not contained
within a structure, that supports the main use of a lot. For
clarity, a dealership use is not considered an accessory parking
lot.
(2)
Accessory Structure means a structure that is:
(a)
subordinate, incidental, and devoted to a main use or
structure; and
(b)
not attached to a main building.
(3)
Accessory Use means a use that is subordinate, incidental,
and devoted to a main use on a lot.
(4)
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.
(5)
Amenity Space means non-commercial indoor or outdoor
space dedicated for private or shared use by a building's
occupants, such as balconies, grade-related dwelling unit
patios, courtyards, planters and plots for gardening, rooftop
barbeque areas, indoor and outdoor kitchens, swimming pools,
saunas, fitness rooms, racquet or other sport courts,
playgrounds, games and television rooms, exercise or art
studios, music rooms, greenhouses, and meeting rooms.
(6)
Applicant means a person, including an owner, applying for a
development permit, variance, site plan approval, or
development agreement.
Suburban Housing Accelerator Land Use By-law | 108
(7)
Appraiser means an individual who holds the Accredited
Appraiser (AACI) designation of the Appraisal Institute of
Canada.
(8)
Arcade means a structure characterized by a central covered
passageway with the roof supported by a series of arches on
piers or columns, providing refuge for pedestrians from the
weather.
(9)
Architect means a full member in good standing with the Nova
Scotia Association of Architects.
(10) Arena means a building that is used for recreational purposes
that may or may not contain a sheet of ice and is used primarily
for indoor skating, figure skating, speed skating, hockey,
ringette, lacrosse, arena soccer, or basketball. For additional
clarity, an arena is not a minor spectator venue use or a major
spectator venue use.
(11) Attached means a building that depends for structural support,
upon a division wall or walls shared in common with an
adjoining building or buildings.
(12) Automated Vehicle Parking System means a mechanical
parking system that transports motor vehicles to and from
parking spaces, either automatically or semi-automatically.
(13) Average Finished Grade means the elevation of the finished
ground abutting a structure, averaged around the perimeter of
the structure.
(14) Awning means a textile covering, and a supporting structure,
that projects from the wall of a building.
(15) Awning Sign means a sign incorporated into an awning.
(16) Backyard Suite Use means a dwelling unit that is
(a)
located within an accessory structure;
(b)
located on its own footing or foundation; and
Suburban Housing Accelerator Land Use By-law | 109
(c)
not attached to a main building.
(17) Bedroom means a habitable room used, designed, or intended
for use for sleeping.
(18) Billboard means a sign that does not relate to or advertise a
use on the lot on which it is located, excluding a neighbourhood
sign.
(19) Boathouse means a structure that
(a)
is used for the shelter or storage of boats, watercraft, or
marine accessories and equipment, but not for the
shelter, storage, or accommodation of persons, animals,
or motor vehicles;
(b)
is roofed; and
(c)
does not contain toilet facilities, a kitchen, or sleeping
facilities.
(20) Broadcast and Production Studio Use means radio,
television, film, or music production or broadcasting facilities.
(21) Building means every continuous enclosed area with exterior
walls on a lot that
(a)
is built, erected, and framed of a combination of materials;
(b)
is either portable or fixed;
(c)
has a roof;
(d)
forms a structure for the shelter of persons, animals, or
property; and
(e)
is located, in whole or in part, above or below grade.
(22) Building Depth means the distance between the wall of a
building that is closest to the front lot line and the wall of the
same building that is farthest away from the front lot line.
Suburban Housing Accelerator Land Use By-law | 110
(23) Building Width means the distance between the outermost
edges of two building walls that face
(a)
two side lot lines;
(b)
a side lot line and a flanking lot line; or
(c)
two flanking lot lines, excluding a flanking lot line that is
opposite to the front lot line on a through lot.
(24) Canadian Geodetic Vertical Datum 2013 (CGVD2013) means
the vertical datum for Canada, officially released by Natural
Resources Canada (NRCan) in November 2013, or a later
edition that may be released or adopted, which is a gravimetric
datum defined by the equipotential surface W0 = 62,636,856.0
m²s-², representing by convention the coastal mean sea level
for North America.
(25) Canopy means a rigid roofed structure that is connected to and
projects outward from a building. A canopy may also include a
supporting structure that extends to the ground.
(26) Cantilever means an enclosed portion of an upper floor
extending beyond the ground floor façade, including window
bays, but excluding balconies and a portion of the building
above a recessed pedestrian entrance.
(27) Car Wash Use means premises where motor vehicles are
washed within a permanent structure.
(28) Catering Use means the business of preparing food at one
location to be then distributed and consumed at a different
location. Catering does not include a restaurant use.
(29) Certificate of Occupancy means an occupancy permit as
issued pursuant to B-201, the Building by-law, and the Building
Code Act (Nova Scotia).
(30) Change of Use means a change in the use of a land, building,
structure, or a combination thereof.
Suburban Housing Accelerator Land Use By-law | 111
(31) Character-Defining Elements means the materials, forms,
location, spatial configurations, uses and cultural associations
or meanings that contribute to heritage value and that must be
sustained in order to preserve heritage value.
(32) Charter means the Halifax Regional Municipality Charter,
S.N.S., 2008, c. 39, as amended.
(33) Clock Tower means a structure which vertically extends from a
building and contains a large clock at the top.
(34) Club Recreation Use means land or premises operated for
recreational purposes, by membership, such as golf courses,
country clubs, curling clubs, tennis clubs, lawn bowling clubs,
boating clubs, marinas, and equine facilities.
(35) Commemorative Sign means a sign, tablet, or plaque
commemorating or memorializing a person, community, event,
structure, or site.
(36) Commercial Recreation Use means a recreational facility
operated for commercial purposes, such as go-kart tracks,
paintball facilities, shooting ranges, racetracks, bingo halls, and
miniature golf courses, but excludes club recreation uses and
community recreation uses.
(37) Commercial Use means a use listed under clause 134(b).
(38) Community Recreation Use means a publicly owned or
operated recreation facility, such as a park, recreation centre,
pool, skating rink, arena, gymnasium, picnic area, community
oven, dog park, playground, splash pad, skateboard park,
boating facility and ramps, sports court, field, and trail, but
excludes a cultural use.
(38.5)Conservation Use means a use carried out for the purposes of
conserving soils, water, flora, or fauna, including a wildlife
sanctuary.
(39) Corner Lot means a lot with contiguous frontage on two or
more streets.
Suburban Housing Accelerator Land Use By-law | 112
(40) Council means the Council of the Municipality.
(41) Crematorium Use means premises containing apparatus
certified, intended, or used for the cremation of human or
animal remains.
(42) Cultural Use means premises with permanent seating of
between zero and 500 seats that are used for the production,
collection, or presentation of art, films, musical or artistic
performances, lectures, materials, or exhibits, including
libraries, archives, museums, art galleries, and cultural centres,
but excludes a recreation use.
(43) Daycare Use means premises in which supervision is provided
for individuals during the day. This definition excludes a school
use, a hospital use, a small shared housing use, a large shared
housing use, and a community recreation use.
(44) Dealership Use means land or premises used primarily for the
outdoor display and sale of products, and may include as an
accessory use the servicing and repair of the products sold or
displayed, such as motor vehicles, recreational vehicles, marine
craft, trailers, snowmobiles, snow blowers, all-terrain vehicles,
heavy equipment, swimming pools, headstones, decorative
fountains, and prefabricated cottages and homes, but excludes
a garden centre use.
(45) Development means the erection, construction, alteration,
placement, location, replacement, or relocation of, or addition
to, a structure and a change or alteration in the use made of
land or structures.
(46) Development Officer means a person or persons appointed by
Council to administer a land use by-law or subdivision by-law.
(47) Drive-Through means a designated on-site queueing area for
motor vehicles and which provides or dispenses products or
services using an attendant, window, or automated machine to
customers in motor vehicles, but excludes a car wash use.
Suburban Housing Accelerator Land Use By-law | 113
(47.1)Duplex Apartment Use means a two-unit dwelling use that is
joined with another two-unit dwelling use, or another dwelling
unit, along a single lot line divided vertically by a shared wall.
(RC-Mar 18/25; EFF-Apr 23/25)
(48) Dwelling Unit means living quarters that
(a)
are accessible from a private entrance, either outside the
building or in a common area within the building;
(b)
are occupied or, if unoccupied, are reasonably fit for
occupancy;
(c)
contain kitchen facilities within the unit; and
(d)
have toilet facilities that are not shared with the occupants
of other dwelling units.
(49) Educational Farm Use means a farm that is used as an
educational facility for preserving and interpreting the
agricultural past, and which may include the keeping of
livestock, but which excludes the slaughtering of animals.
(50) Encapsulated Mass Timber Construction means as defined
in Sentence 1.4.1.2.(1) of the National Building Code of
Canada, which may be amended by the Nova Scotia Building
Code Regulations.
(51) Enhanced Bicycle Parking means bicycle parking that
accommodates and secures bicycle trailers and cargo bikes.
(52) Erect means excavating ground for a foundation or footing,
laying a foundation or footing, constructing, reconstructing,
removing, or changing the location or orientation of a building or
a part thereof.
(53) Façade means a building wall facing a street, a park, or an
outdoor amenity space.
(54) Farmers' Market Use means a market where individual sellers
or a cooperative of producers offer items for sale to the public,
Suburban Housing Accelerator Land Use By-law | 114
such as fresh produce, seasonal fruits, fresh flowers, arts and
craft items, dairy products, grain products, meat, poultry, fish,
and food and beverages.
(55) Fascia Sign means a sign that is affixed directly to or painted
on an exterior wall of a building.
(56) Flanking Lot Line means a streetline that is not the front lot
line.
(57) Flanking Yard means a yard between the nearest exterior wall
of the main building and a flanking lot line, but excludes a area
of the lot that is a front yard.
(58) Flat Roof means a roof with a maximum pitch of 1/12 (rise over
run).
(59) Floor Area means:
(a)
for the purpose of a bonus zoning public benefit value
calculation, the horizontal area of all floors of a building or
a parking structure, measured from the interior faces of a
exterior wall or fire wall and includes interior staircases,
but excludes the following:
(i)
unenclosed space outside an exterior wall or
located on a rooftop, such as balconies and patios;
(ii)
a floor area below a ground floor of a building or
parking structure;
(iii) elevator shafts or staircases;
(iv) accessory structures;
(v)
rooftop greenhouses;
(vi) a space open to a floor below; and
(vii) pedways; or
Suburban Housing Accelerator Land Use By-law | 115
(b)
for the purposes other than a bonus zoning public benefit
value calculation, the horizontal area of all floors of a
building or a parking structure, measured from the interior
faces of a exterior wall or fire wall and includes interior
staircases, but excludes all of the following:
(i)
unenclosed space outside an exterior wall or
located on a rooftop, such as balconies and patios;
(ii)
elevator shafts or staircases;
(v)
rooftop greenhouses;
(vi) a space open to a floor below;
(vii) pedways.
(60) Footprint means the area a building occupies on the ground in
between the outermost edges of the exterior walls, including a
land that has a cantilever portion that projects above the
ground, but excludes eaves that project no more than 0.6
metre, unenclosed balconies, stairs, and patios.
(61) Four-Unit Dwelling Use means a building containing 4
dwelling units on the same lot.
(62) Front Lot Line means,
(a)
for an interior lot, the streetline;
(b)
for a corner lot where the streetlines are not of equal
length, the shortest streetline is the front lot line, and the
longer streetline or streetlines are the flanking lot lines;
(c)
where a corner lot has streetlines of equal length, a
streetline may be deemed to be the front lot line, and the
remaining streetlines must be deemed flanking lot lines;
(d)
for a through lot, either streetline may be deemed to be
the front lot line, and the other streetline must be deemed
a flanking lot line;
Suburban Housing Accelerator Land Use By-law | 116
(e)
in the absence of a streetline, where a registered access
easement crosses a lot line.
(63) Front Yard means the yard extending across the full lot width,
between the front lot line and the nearest exterior wall of a main
building on the lot.
(64) Garden Centre Use means land or premises where retail or
wholesale gardening products are sold, which may include a
nursery and greenhouses.
(65) Gazebo means a freestanding, roofed accessory structure,
which is not enclosed, and which does not contain toilet
facilities, a kitchen, or sleeping facilities.
(66) Grade-Oriented Premises means premises on a ground floor
of a building that are accessible by pedestrians from an
independent entrance that fronts and faces a streetline. For
further clarity, a grade-oriented premises includes a grade-
related dwelling unit use and a lobby.
(67) 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.
(68) Greenhouse means a structure constructed with at least 80%
of transparent materials for each wall and a roof, and designed
for the protection and cultivation of plants, such as vegetables,
fruits, herbs, sprouts, ornamental plants, and flowers.
(69) Grocery Store Use means a retail establishment with a
minimum of 200 square metres of floor area that primarily sells
food, including the accessory sale of food being prepared on-
site, and that may also sell other convenience and household
goods, but excludes a farmers' market use.
(70) Ground Floor means, for each streetwall, the first floor level of
a main building that is predominantly above grade and faces a
streetline or a transportation reserve.
Suburban Housing Accelerator Land Use By-law | 117
(71) Ground Floor Height means the distance between the floor of
a ground floor and the floor directly above.
(72) Ground Sign means a sign affixed to the ground and
supported by one or more posts, or other similar means.
(73) Gymnasium means a building or room designed for indoor
sports, exercise, or physical education.
(74) Hard Landscaping means an outdoor surface covered by solid
or impermeable material, such as outdoor furniture, water
fountains, planters, decorative concrete, stonework, bricks,
gravel, tiles, pavers, boardwalks, wood decking, trees in soil
cells, and trees in planters, but excludes parking areas and
driving aisles.
(75) Hedge means a boundary or barrier formed by closely growing
shrubs.
(76) Height means the vertical distance between a structure's
average finished grade and the structure's highest point.
(77) Height Precinct means the portion of a lot to which a single
height limit applies, as shown in Schedule 2.
(78) Hen means an adult female chicken.
(79) High-Rise Building means a main building that exceeds 10
storeys.
(80) High-Rise Typology means a portion of a main building, above
the height of a streetwall, that exceeds 10 storeys above the
average finished grade.
(81) Home Occupation Use means the use of a portion of a
dwelling unit or an accessory structure for gainful employment,
but excludes a short-term bedroom rental use, a daycare use, a
work-live unit use, and a home office use.
(82) Home Office Use means an office-related activity operated
within a dwelling unit that does not regularly require direct in-
Suburban Housing Accelerator Land Use By-law | 118
person contact with clients on the premises, but excludes a
home occupation use.
(83) Hospital Use means an institution providing human inpatient
health services, including accessory facilities such as
laboratories, treatment of patients on an outpatient basis,
training facilities, and staff offices, but excludes a small shared
housing use and a large shared housing use.
(84) Hotel Use means premises that are regulated as a roofed
accommodation in accordance with the Tourist
Accommodations Registration Act, S.N.S., 2019, c. 9, as
amended.
(85) Incentive or Bonus Zoning means the requirements that
permit the relaxation of certain requirements if an applicant
exceeds other requirements or undertakes other action, in the
public interest, as specified in the requirements.
(86) 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.
(87) Infrastructure Resilience Professional Designation means
the Infrastructure Resilience Professional (IRP) designation as
granted by the Climate Risk Institute.
(88) Institutional Use means a use listed under clause 134(d).
(89) Interior Lot means a lot with frontage on one street only.
(90) Internal Conversion means the change of use in an existing
building that does not increase the height or volume of the
building, but excludes the addition of an exterior staircase.
(91) Kennel Use means premises used for
(a)
the keeping of more than two dogs for the purposes of
commercial breeding or sale;
Suburban Housing Accelerator Land Use By-law | 119
(b)
excluding for veterinary purposes, the overnight boarding
of dogs;
(c)
the commercial training of dogs; or
(d)
the shelter of stray or abandoned animals.
(92) Kitchen means premises used for food preparation, and must
include
(a)
a refrigerator;
(b)
a appliance used to heat food for consumption that is a
stove or oven, excluding a microwave oven; and
(c)
a sink.
(93) Landscape Architect means a full member in good standing
with the Atlantic Provinces Association of Landscape Architects.
(94) Large Shared Housing Use means a shared housing use that
contains a minimum of 11 bedrooms.
(95) Library Use means a building which may contain literary,
musical, artistic, or reference materials for the purposes of
study, reference, or recreation, and does not include the
retailing of such materials.
(96) Living Wall means a vertical support system, that
(a)
is affixed to an external wall of a building;
(b)
includes a growth medium, such as soil, substitute
substrate, and hydroculture felt;
(c)
has an integrated irrigation and drainage system; and
(d)
supports vegetative growth.
(97) Local Commercial Use means commercial premises that:
Suburban Housing Accelerator Land Use By-law | 120
(a)
offers goods or products for sale or rent, including food
prepared on or off site, but excludes a restaurant use and
a grocery store use; or
(b)
offers personal service uses.
(98) Lot means a parcel of land that is:
(a)
described in a deed filed in the Office of the Registrar of
Deeds for Halifax County on or before the 15th day of April
1987;
(b)
described in a plan and deed pursuant to the Land Titles
Clarification Act;
(c)
approved on a plan of subdivision endorsed and filed in
the Provincial Land Registration Office; or
(d)
created pursuant to section 278(2) of the Charter.
(99) Lot Coverage means the percentage of a lot that is covered by
roofed structures that are a minimum of 0.6 metres in height,
including a area over which a roofed structure projects, but
excludes projecting roof eaves that are 0.6 metres or less.
(100) Lot Depth means the distance from the front lot line to the rear
lot line, or between the front lot line and the flanking lot line on a
through lot.
(101) Lot Width means the distance between the side lot lines, side
and flanking lot lines, or parallel flanking lot lines, measured at
a right angle to the lot depth.
(102) Low-Density Dwelling Use means a building containing no
more than 4 dwelling units on a lot.
(103) Low-Rise Building means a main building that is up to 4
storeys in height.
(104) Main Building means a building that contains a primary use on
a lot.
Suburban Housing Accelerator Land Use By-law | 121
(105) Major Spectator Venue Use means premises, with 3,000 or
more permanent seats, where people gather for sports and
other major events.
(106) Makerspace Use means indoor premises used for the artisanal
production of goods in limited quantities. A makerspace use
also includes premises where individuals may borrow tools or
equipment for the purposes of designing, repairing, prototyping,
and constructing objects and products.
(107) Mechanical Penthouse means an enclosed rooftop space
used for mechanical or shared amenity space purposes.
(108) Medical Clinic Use means premises used for the medical
examination and treatment of patients on an outpatient basis,
for purposes such as family medicine, primary health care,
walk-in clinic, dentistry, optometry, podiatry, nutritional
counselling, psychiatry, psychological counselling, crisis
intervention, physiotherapy, chiropractic, osteopathy, harm
reduction, massage therapy, and other similar uses.
(109) Menu-Box Sign means a sign or sign box that displays or
contains a restaurant menu.
(110) 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-Mar 18/25; EFF-Apr
23/25)
(111) Mid-Rise Building means a main building that is greater than 4
storeys in height but no more than 7 storeys.
(112) Mid-Rise Typology means a portion of a main building, above
the height of a streetwall, that is
(a)
no more than 7 storeys in height; and
(b)
not connected above the height of streetwall to any other
portion of the building that would exceed 7 storeys.
Suburban Housing Accelerator Land Use By-law | 122
(113) Minor Building Features means portions of a building that are
either flush with the exterior wall of a building or protrude
beyond the exterior wall of a building, such as vents,
downspouts, gutters, doorknobs, architectural detailing, sills,
cornices, eaves, stovepipes, chimneys, shutters, and
mailboxes.
(114) Minor Spectator Venue Use means indoor premises where
people gather, with a capacity of more than 500 permanent
seats and fewer than 3,000 permanent seats, such as cinemas,
theatres, concert halls, auditoriums, social and cultural
gathering places, and venues for sporting events, but excludes
convention centre uses, cultural uses, major spectator venue
uses, club recreations uses, commercial recreation uses, and
community recreation uses.
(115) Mobile Home Use means a prefabricated detached dwelling,
designed for transportation on its own chassis and wheels to a
site where it is to be occupied as a dwelling, complete and
ready for occupancy (except for minor and incidental unpacking
or assembly operations). A mobile home must be considered to
be a mobile home whether or not the chassis or wheels are
removed. This definition excludes the modular type of a
prefabricated dwelling where separate units are joined together
on site to form the complete dwelling unit. For further clarity, a
mobile home use does not include a recreational vehicle.
(116) Model Suite Use means premises used to display a sample
dwelling unit that is available for sale or rental in a residential
development, approved by the Municipality, and may
incorporate sales or rental offices.
(117) Monument Use means a structure that commemorates an
event, individual, or group.
(118) Motor Vehicle Sharing Space means a parking space for
motor vehicles that is marked and registered for use by a motor
vehicle sharing service. The renting organization may be a
commercial business, a company, a public agency, a
cooperative, or an ad hoc grouping.
Suburban Housing Accelerator Land Use By-law | 123
(119) Multi-Unit Dwelling Use means a building containing at least 5
dwelling units.
(120) Municipality means the Halifax Regional Municipality.
(121) Neighbourhood Sign means a sign identifying a
neighbourhood or district that is erected by the Municipality,
which may be erected on the behalf of a neighbourhood group
or community organization.
(122) Not-for-Profit Organization means
(a)
a society incorporated pursuant to the Societies Act,
R.S.N.S.1989 c.435, as amended;
(b)
a non-profit association incorporated pursuant to the Co-
operative Associations Act, R.S.N.S.1989 c. 98, as
amended;
(c)
a non-profit association to which the Co-operative
Associations Act applies;
(d)
a not-for-profit corporation incorporated pursuant to the
Canada Not-for-profit Corporations Act, S.C. 2009, c. 23;
or
(e)
a non-profit organization incorporated as a non-profit
organization pursuant to its own Act of the Nova Scotia
Legislature.
(123) Obnoxious Use means a use that creates a nuisance or is
offensive through the creation of noise, vibration, glare,
electrical interference, fire, or explosion hazard, or the emission
of gas, fumes, dust, smoke, oil, runoff, or objectionable odours.
(124) Office Use means premises in which a person transacts the
affairs of a business, profession, service, industry, or
government, excluding a home office use.
Suburban Housing Accelerator Land Use By-law | 124
(125) Off-Street Loading Space means a dedicated area, located on
a lot, that is designed for loading and unloading goods from
motor vehicles.
(126) Ordinary High Water Mark means as defined in the Nova
Scotia Land Surveyors Regulations.
(127) Owner means the owner of lot, which includes
(a)
a part owner, joint owner, tenant in common, or joint
tenant of the whole or a part of land or a building;
(b)
in the case of the absence or incapacity of the person
having title to the land or building, a trustee, an executor,
a guardian, an agent, a mortgagee in possession, or a
person having the care or control of the land or building;
(c)
a person who occupies shores, beaches, or shoals; or
(d)
in the absence of proof to the contrary, the person
assessed for the lot.
(128) Parking Lot means a surface parking area, not contained
within a structure or on top of a structure, for five or more motor
vehicles.
(129) Parking Structure means a structure that contains motor
vehicle parking spaces on one or more levels, including on an
open rooftop, but excluding a garage associated with a low-
density dwelling use.
(130) Park Use means land that is owned or operated by a
government entity and primarily used for outdoor recreational
purposes, either active or passive, but excludes commercial
recreation uses. A park use may include land and buildings for
uses that are accessory to the park use or uses associated with
government or not-for-profit organizations.
(131) Patio means an uncovered flat surfaced area that is up to 0.6
metres in height above the finished grade.
Suburban Housing Accelerator Land Use By-law | 125
(132) Pedestrian Walk, for the purposes of section 67, means an at-
grade pathway system that
(a)
is intended for the movement of pedestrians;
(b)
does not meet the definition of a street under this By-law;
and
(c)
does not meet the definition of a walkway under the
Regional Subdivision By-law.
(133) Pedway means an elevated enclosed walkway that connects
two or more buildings and is used exclusively for pedestrian
traffic.
(134) Permanent Seating means seats or benches that are affixed in
place to the ground or a floor of a structure.
(135) Permeable Vegetated Grid System means a grid system
made up of hard materials, such as plastic, concrete, or other
similar materials, together with gaps to allow vegetation to grow
throughout the grid pattern.
(136) Personal Service Use means services for the needs of
individuals or pets, such as grooming and haircutting, tailoring
and shoe repair, tattooing, tutoring, depots for collecting dry
cleaning and laundry, laundromats, warming and cooling
centres, food banks, soup kitchens, drop-in centres, funeral
homes, and the retail sale of products accessory to a service
provided. For further clarity, a personal service use does not
include veterinary facility uses, kennel uses, pet daycare uses,
and crematorium uses.
(137) Pet Daycare Use means premises where the daytime boarding
and care of pets occurs, but excludes overnight boarding and a
kennel use.
(138) Playground means a landscaped area that contains play
equipment, such as swings, slides, sandboxes, and jungle
gyms.
Suburban Housing Accelerator Land Use By-law | 126
(139) Portal means an at-grade opening in a streetwall that provides
a passage through the building to an unenclosed portion of the
lot. A portal may be used for vehicular or pedestrian access, but
is not a recessed pedestrian entrance.
(140) Premises means a structure or portions of a structure occupied
by a use.
(141) Processing of Urban Agricultural Products means activities
associated with the chopping, packaging, pickling, or preserving
of urban agricultural products.
(142) Professional Artist means an artist who
(a)
has proven, specialized training in an artistic field;
(b)
is recognized as a professional by their peers who are
working in the same artistic tradition; and
(c)
has a history of public presentation or publication.
(143) Professional Engineer means an individual licensed by, and in
good standing with, the Association of Professional Engineers
of Nova Scotia.
(144) Projecting Sign means a sign that
(a)
projects horizontally from a supporting wall;
(b)
is attached to the underside of a building; or
(c)
is attached to a canopy.
(145) Public Art means a permanent work of art planned and
executed by a professional artist in a medium, material, media,
or combination thereof, but excludes a corporate insignia.
(146) Quonset Hut means a corrugated metal building with a wall
that is not vertical, where the roof meets the foundation
(Diagram 14).
Suburban Housing Accelerator Land Use By-law | 127
Diagram 14: Quonset Hut, per subsection 155(146)
(147) Rear Lot Line means the lot line farthest from or opposite to
the front lot line, and which is not a flanking lot line.
(148) Rear Yard means the yard extending across the full lot width,
between the rear lot line and the nearest wall of a main building
on the lot, excluding a area of the lot that is a flanking yard.
(149) Recessed Pedestrian Entrance means a doorway that is
recessed from the ground floor portion of the streetwall, but
excludes a portal.
(150) Recreational Vehicle means a vehicular-type unit primarily
designed as temporary living quarters for recreational, camping,
or travel use, that either has its own motive power or is
mounted on or drawn by another vehicle.
Suburban Housing Accelerator Land Use By-law | 128
(151) Registered Canadian Charitable Organization means a
charitable organization registered pursuant to the Income Tax
Act (Canada) and the regulations made pursuant to that Act.
(152) Registered Heritage Building means a building on a
registered heritage property that
(a)
has been registered pursuant to the Heritage Property
Act; and
(b)
contributes to the character-defining elements on the
registered heritage property.
(153) Registered Heritage Property means an area of land that is a
registered heritage property pursuant to the Heritage Property
Act.
(154) Religious Institution Use means a place of worship, a place of
religious gathering, or a columbarium, including accessory uses
that are on-site, such as a rectory, a convent, a private school,
a meeting hall, offices for administration of the institution, a
daycare use, and a shelter use.
(155) Residential Penthouse means an enclosed rooftop space
used for human habitation.
(156) Residential Use means a use listed under clause 134(a).
(157) Restaurant Use means premises, excluding a catering use,
whose primary purpose is to prepare, serve, and sell food and
non-alcoholic beverages for consumption on or off the
premises. A restaurant use may be licensed to serve alcoholic
beverages, but this must be incidental to the preparation,
serving, and selling of food.
(158) Retail Use means premises used for the selling or renting of
merchandise, including second-hand goods, directly to
consumers. Retail uses may also include the servicing and
repair of items like those being sold.
Suburban Housing Accelerator Land Use By-law | 129
(159) Retaining Wall means a vertical, or near vertical structure, that
holds back sand, gravel, rock, clay, soil, or other fill material,
and prevents movement of material down slope or erosion on a
site.
(160) Roof means the portion of a structure forming the upper
covering of that structure.
(161) Roof Slab means a thick plate of concrete supported by beams
or columns that provides a flat surface at the top of the
structure.
(162) School Use means a public or private institution of learning for
Grades Pre-Primary to 12.
(163) Semi-Detached Dwelling Use means two dwelling units,
where each is located on an individual lot, but joined along a
single lot line.
(164) Service Use means a business whose primary function is call-
out or dispatch work, such as exterminators, plumbers, carpet
cleaners, locksmiths, electricians, tow trucks, landscapers, and
taxis.
(165) Setback means a required distance to a specified lot line or a
transportation reserve boundary from an exterior wall of a
building or a use at, above, or below grade. (Diagram 15)
Suburban Housing Accelerator Land Use By-law | 130
Diagram 15: Setback and stepback, per subsections 155(165) and
155(183)
(166) Shared Housing Use means a use that
(a)
contains at least 4 bedrooms; and
(b)
satisfies one or more of the following conditions:
(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.
Suburban Housing Accelerator Land Use By-law | 131
(167) 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.
(168) Shelter Use means premises providing an individual with
overnight sleeping accommodations, free of charge.
(169) Shipping Container means a container originally designed for
the use of storing and transporting cargo via ship, rail, air, or
truck.
(170) 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.
(171) 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.
(172) Shrub means a woody plant that has several main stems
arising at or near the ground.
(173) Side Lot Line means a lot line that is not a front, flanking, or
rear lot line.
(174) Side Yard means a yard between the front yard and the rear
yard, and between the side lot line and the nearest exterior wall
of a main building on the lot.
(175) Sign means a structure designed or intended to convey
information using words, images, symbols, pictures, logos, or a
combination thereof, for the purpose of providing direction,
information, identification, advertisement, business promotion,
or the promotion of a product, activity, service, or idea. For
further clarity, decorations or festival signage are not
considered a sign.
Suburban Housing Accelerator Land Use By-law | 132
Diagram 16: Awning sign, fascia sign, ground sign, and projecting sign, per
subsections 155(14), 155(55), 155(72), and 155(144)
(176) Sign Area means the area or portion of a sign, including
internal holes or vacant spaces, upon which the advertising
message is displayed, including those portions used for outlines
or borders. Where letters, logos, or images are mounted or
hung without backing, the area must be determined based on
the smallest geometric shape which contains the entire
advertising message.
(177) Sign Height means the vertical distance of a sign between the
lowest point of grade directly below the sign and the highest
point of the sign.
(178) Single-Unit Dwelling Use means a detached building
containing one dwelling unit, and includes a mobile home use.
(179) Small Shared Housing Use means a shared housing use that
contains no less than 4 and no more than 10 bedrooms.
Suburban Housing Accelerator Land Use By-law | 133
(180) Soft Landscaping means covered by water-permeable
material or vegetation, such as trees, hedges, shrubs, flowers,
grass, mulch, fruit and vegetable plants, sod, planter boxes, or
another vegetative groundcover. A water feature - excluding a
swimming pool, hot tub, or a water fountain - and a permeable
vegetated grid system are considered soft landscaping.
(181) Solar Collector means a system designed to collect solar
radiation and convert it to useable forms of energy, such as
photovoltaic and solar thermal systems. This definition excludes
windows, unless the windows are treated with a photovoltaic
film.
(182) Solid Waste Management Area means an area of a building or
a lot used for the storage of waste materials and separation into
waste streams.
(183) Stepback means a horizontal recess that breaks the vertical
plane of an exterior wall on a main building. (Diagram 15)
(184) 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-Mar 18/25; EFF-Apr 23/25)
(185) Street means a public street, highway, road, lane, sidewalk,
thoroughfare, bridge and square, and the curbs, gutters,
culverts, and retaining walls in connection therewith. For
Suburban Housing Accelerator Land Use By-law | 134
additional clarity, a road listed in Schedule A of the Regional
Subdivision By-law must also be considered a street under this
By-law.
(186) Streetline means a lot line dividing a lot from a street or private
road.
(187) Streetline Grade means the elevation of a streetline, or in the
presence of a transportation reserve the elevation of the
boundary of the transportation reserve that is closest to the
development, located at a midpoint of a streetwall. For
streetwalls that are greater than 10.0 metres in width, separate
streetline grades are determined for the midpoint of each
streetwall segment that is 10.0 metres wide, or a part thereof
(Diagram 17).
Diagram 17: Streetline grade, per subsection 155(187)
(188) Streetwall means the wall of a building, or the portion of a wall
of a building, that
(a)
faces the streetline or a transportation reserve; and
Suburban Housing Accelerator Land Use By-law | 135
(b)
is located below the height of a specified stepback; or
(c)
where no specified stepback is required, the streetwall is
the wall facing the streetline or a transportation reserve.
(189) Streetwall Height means the vertical distance between
(a)
the streetline grade and the top of the streetwall,
extending across the width of the streetwall (Diagram 18);
(b)
where a municipal or provincial transportation or utility
easement abuts the streetline and extends the full lot
width, the grade at the edge of the easement that is
located farthest from the streetline and the top of the
streetwall, extending across the width of the streetwall; or
(c)
where a transportation reserve is present, the grade at
the edge of the transportation reserve that is located
farthest from the streetline and the top of the streetwall,
extending across the width of the streetwall.
(190) Streetwall Stepback means the required setback of a building
above a streetwall, measured from the face of the streetwall
(Diagram 18).
Suburban Housing Accelerator Land Use By-law | 136
Diagram 18: Streetwall height and streetwall stepback, per subsections
155(189) and 155(190)
(191) Structure means everything that is erected, built, or
constructed of parts joined together, and includes a building.
(192) Studio Use means the commercial use of space for artistic or
artisanal purposes, with or without instruction, but excludes a
school use, religious institution use, cultural use, personal
service use, or home occupation use.
(193) Surveyor means a land surveyor who is a registered member
in good standing of the Association of Nova Scotia Land
Surveyors.
(194) Tall Mid-Rise Building means a main building that is greater
than 7 storeys but not higher than 10 storeys in height.
(195) Tall Mid-Rise Typology means a portion of a main building,
above the height of a streetwall, that
Suburban Housing Accelerator Land Use By-law | 137
(a)
has an overall height that is greater than 7 storeys,
but not higher than 10 storeys, and
(b)
that is not connected above the height of the
streetwall to any other portion of the building that
would exceed 10 storeys.
(196) Temporary Construction Use means a use, which in the
opinion of a development officer of the Municipality, is of limited
duration and accessory to a development in progress, such as
(a)
work camps;
(b)
construction camps;
(c)
rock crushers;
(d)
sales or rental offices;
(e)
on-site construction management offices;
(f)
tool or maintenance sheds; and
(g)
shipping containers that serve as one of the foregoing.
(197) Temporary Use means a use
(a)
that is
(i)
associated with a holiday or special event, or
(ii)
accessory to a permitted main use; and
(b)
that is 90 cumulative days or less in duration within any
one calendar year; and
(c)
excludes a temporary construction use.
(198) Three-Unit Dwelling Use means a building containing three
dwelling units on the same lot.
Suburban Housing Accelerator Land Use By-law | 138
(199) Through Lot means a lot with frontage on two or more streets,
where frontages are not contiguous.
(200) Tower Portion means the portion of a high-rise building that is
located above the height of the streetwall.
(201) Townhouse Block means a specified number of attached
townhouse dwelling units permitted to form a group of
townhouses, constructed in a row.
(202) Townhouse Dwelling Use means a building that is divided
horizontally or vertically into three or more dwelling units, where
each unit has an independent pedestrian entrance, but
excludes a duplex apartment use. (RC-Mar 18/25; EFF-Apr
23/25)
(203) Transportation Facility Use means public or private transit
facilities, bus stations, ferry terminals, and train stations,
excluding storage yards and maintenance facilities.
(204) Two-Unit Dwelling Use means a building containing two
dwelling units on the same lot.
(205) Urban Agriculture Use includes an educational farm use,
farmers' market use, and urban farm use.
(206) Urban Farm Use means
(a)
the keeping of bees as an accessory use;
(b)
the keeping of egg-laying hens as an accessory use; or
(c)
the harvesting of plants, such as vegetables, fruits, herbs,
sprouts, ornamental plants, and flowers;
undertaken by an owner, a community organization, or a
commercial operator, including a community garden.
(207) Use means:
Suburban Housing Accelerator Land Use By-law | 139
(a)
the purpose for which a structure or land is used or
occupied, or intended or designed to be used or
occupied; or
(b)
the conduct of an activity, or the performance of a function
or operation, on a lot or in a structure.
(208) Utility Use means structures, equipment, or materials used by
a corporation, municipality, or other entity authorized to install
and maintain energy, gas, water, or communication systems for
public use.
(209) Variable Message Sign means a advertising display that is
capable of displaying digital content, projected content, or
automatically changing content.
(210) Variance means a variance under sections 250 to 252 of the
Charter.
(211) Veterinary Facility Use means indoor premises designed or
used for the care, observation, and treatment of ill or injured
animals.
(212) Water Access Structure Use means a structure connected to
the shore that provides berthing for water-based vessels,
including a dock and a wharf.
(213) Watercourse means a lake, river, stream, ocean, or other
natural body of water.
(214) Wind Energy Facility means a wind energy conversion system
to produce electricity, consisting of one or more roof mounted
turbines or turbines at grade, with rotor blades, associated
control or conversion electronics, and other accessory
structures including substations, meteorological towers,
electrical infrastructure, and transmission lines.
(215) Wood-Frame Construction means as defined in Sentence
9.23.1.1.(1) of the National Building Code of Canada, which
may be amended by the Nova Scotia Building Code
Regulations.
Suburban Housing Accelerator Land Use By-law | 140
(216) Work-Live Unit Use means premises that contains both a
dwelling unit and a permitted commercial use or institutional
use, but excludes a home occupation use and a home office
use.
(217) Yard means an open area at ground level that is uncovered by
a main building, except those structural and building features
permitted in section 38.
(218) Zone means an area identified in Schedule 1.
Suburban Housing Accelerator Land Use By-law | 141
Part V - Appendices
Suburban Housing Accelerator Land Use By-law | 142
Appendix 1 - Pedestrian Wind
Impact Assessment Protocol and
Performance Standards
Background
This protocol provides guidance for the preparation and review of
pedestrian wind impact assessments, including detailed assessment
methodologies, local wind climate data, wind comfort, and safety
performance standards, as well as wind mitigation measures. It is intended
to ensure enhanced consistency and accountability in the development
approval process.
Buildings taller than their immediate surroundings are exposed to stronger
winds at higher elevations. These winds can be redirected down by building
walls and can subsequently accelerate around exposed building corners
and along the gaps between buildings, resulting in high wind activity in
pedestrian areas (Diagram A1-1).
Diagram A1-1: Typical wind flow patterns around buildings
Increased wind speeds may affect pedestrian comfort and safety on and
around a proposed development and, therefore, a project's success. The
potential wind impact can be assessed through an experience-based
review, computer simulations, and wind tunnel testing. If a negative wind
impact is predicted, mitigation strategies must be developed, as required by
the Suburban Housing Accelerator Secondary Municipal Planning Strategy.
Suburban Housing Accelerator Land Use By-law | 143
Quantitative and Qualitative Assessments
When an application is made for a new building or an addition to an
existing building higher than 20.0 metres, a pedestrian wind impact
assessment must be conducted. Table A1-1 must be used as a guide in the
determination of an appropriate assessment approach for the proposed
development.
A qualitative assessment of wind conditions, including a letter of opinion
and a desktop analysis, is largely based on wind consultants' knowledge of
wind flows around buildings, local wind climate, and experience with wind
tunnel tests on similar building projects in the Halifax Regional Municipality.
A desktop analysis may involve using numerical tools to predict wind
conditions around simplified building forms. It may also use Computational
Fluid Dynamics (CFD) software to visualize the flow patterns for select (or
all) wind directions (Diagram A1-2a). While the CFD technique is
increasingly popular for evaluating design options and visualizing flow
patterns around building massings, it is still considered a qualitative tool
that is not sufficiently advanced to replace wind tunnel testing. Even the
most sophisticated CFD software has difficulty predicting turbulence and
gust speeds that directly relate to wind safety. Currently, only wind tunnel
testing can provide quantitative predictions of wind speeds and
exceedance frequencies.
Wind Tunnel Testing
Wind tunnel testing must be conducted in a boundary-layer wind tunnel
where wind and turbulence profiles are adequately simulated for 36 wind
directions. Wind tunnel models are typically built at a 1:300 or 1:400 scale,
with the study building at the centre and surrounded by existing buildings
(including buildings under construction) and topography (e.g., the Halifax
Citadel and Halifax Harbour) for a minimum radius of 350 metres (Diagram
A1-2b). Both mean and gust wind speeds must be measured at a height of
1.5 metres above the grade at the location where the measurement is to be
undertaken, for both the existing and proposed site configurations.
Comparisons of wind conditions with and without the proposed
development in place provide a true assessment of the wind impact.
Testing of an additional (future) site configuration may be warranted if there
are approved or proposed major developments in the surrounding area that
may change the local wind conditions. If uncomfortable or unsafe wind
Suburban Housing Accelerator Land Use By-law | 144
conditions are identified in key pedestrian areas, mitigation configuration(s)
must also be included in wind tunnel testing to demonstrate the
effectiveness of a proposed wind control solutions.
Measurement locations must cover key pedestrian areas on the
development site and around the adjacent street blocks, typically including
building entrances, sidewalks/walkways, bus stops, outdoor restaurant
uses, parks, playgrounds, roof terraces, and so on. The wind tunnel results
must report wind speeds and exceedance frequencies at all test locations
and must be presented in both tabular and graphic forms for all test
configurations.
Table A1-1: Assessment Approach According to the Proposed
Building Height
Proposed building
height
Assessment approach
20 to 40 metres,
with the same or
taller surroundings
An experience-based letter of opinion
sufficient to:
(a) identify a building design issues; and
(b) provide conceptual solutions for wind
control, where needed.
20 to 40 metres,
with lower
surroundings
(a) For a qualitative assessment and to
provide wind mitigation strategies, an
experience-based desktop analysis using
numerical tools, including CFD (if
appropriate); and
(b) A quantitative assessment in a wind
tunnel may be required in some cases
involving multiple buildings, located at a
waterfront or hilltop location, or including
special pedestrian uses.
> 40 metres
A quantitative wind tunnel assessment
using physical scale- modelling in a
boundary-layer wind tunnel, to predict and
assess potential wind conditions and, if
needed, develop and confirm the
effectiveness of wind mitigation measures.
Suburban Housing Accelerator Land Use By-law | 145
Diagram A1-2a: An example of computer simulation (CFD) of wind flows
around buildings
Diagram A1-2b: Photo of modelled buildings in a boundary-layer wind
tunnel
The assessment of pedestrian-level wind conditions should be conducted
as early as possible, when building massing can still easily be altered for
wind control, if necessary.
Suburban Housing Accelerator Land Use By-law | 146
Local Wind Climate Data
Long-term data from Shearwater Airport (Diagram A1-3) must be used as a
reference for the wind assessment of projects in the Halifax Regional
Municipality. The data must be grouped into two seasons: summer (May to
October) and winter (November to April), to account for the distinct
differences in pedestrian outdoor activity during these two periods.
Summer (May to October) Winter (November to April)
Diagram A1-3: Seasonal distribution of winds approaching Shearwater
Airport (1988-2017)
To obtain full-scale wind speeds and exceedance frequencies, wind data
measured at the airport over the latest 30 years (or longer) must be
converted to a reference height above the study site and combined with the
wind speeds predicted by wind tunnel testing or desktop analysis.
Wind Comfort and Safety Performance Standards
Predicted wind speeds and frequencies must be compared to the following
wind comfort and safety performance standards (Table A1-2). Wind comfort
may be affected by both mean and gust speeds, and their combined effect
must be quantified as a Gust Equivalent Mean (GEM), while only gust
speeds need to be considered for the wind safety performance standard.
Suburban Housing Accelerator Land Use By-law | 147
Table A1-2: Wind Comfort and Safety Performance Standards
Comfort category GEM speed Description
Sitting
< 10 km/h
Calm or light breezes suitable for outdoor
restaurant uses, seating areas, and other
amenities
Standing
< 14 km/h
Gentle breezes suitable for main building
entrances and bus stops where pedestrians
may linger
Strolling
< 17 km/h
Moderate winds appropriate for window
shopping and strolling along a downtown
street, or park
Walking
< 20 km/h
Relatively high speeds that can be tolerated if
one's objective is to walk, run, or cycle without
lingering
Uncomfortable
≥ 20 km/h
Strong winds unacceptable for all pedestrian
activities; wind mitigation is typically required
Notes:
(1) GEM speed = mean speed or (gust speed ÷ 1.85), whichever is higher.
(2) GEM speeds above are based on a seasonal exceedance of 20% of the
time between 6:00 and 23:00. Hours between 23:00 and 6:00 are excluded
from the wind comfort analysis because night time usage of outdoor spaces is
anticipated to be limited during these hours.
Suburban Housing Accelerator Land Use By-law | 148
Safety
performance
standard
Gust speed Description
Exceeded
> 90 km/h
Excessive gust speeds that can adversely
affect a pedestrian's balance and footing. Wind
mitigation is required.
Notes:
(3) Based on an annual exceedance of 9 hours or 0.1% of the time for 24 hours
a day.
Some exceptions may be permitted in the application of these wind
performance standards. For instance, higher-than-desired wind speeds at
outdoor seating areas and building entrances may be acceptable in winter
months, due to reduced pedestrian usage, and for areas to which access
can readily be controlled during adverse weather conditions.
No wind mitigation is required for existing uncomfortable or unsafe
conditions that are not made worse by the proposed development.
Suburban Housing Accelerator Land Use By-law | 149
Mitigation Strategies
Wind mitigation may be required for areas where wind conditions are
uncomfortable or unsuitable for an intended pedestrian use. Where a
proposed development worsens an existing wind condition, wind mitigation
must be required where the wind condition is predicted to be unsafe. The
most effective wind control measures involve adjustments to the building
early in the design process (e.g., massing, shape, and orientation changes)
that respond to the local wind climate. These can be assisted by tower
setbacks, large podiums, tower shapes, corner articulations,
colonnades/arcades, and so on, as illustrated by photos in Diagram A1-4.
Diagram A1-4: Examples of large-scale wind control features
Smaller-scale measures such as canopies, trellises, wind screens, and
street-level public art can also be used for local wind control. Soft
landscaping elements, especially coniferous and marcescent species, are
commonly used to reduce wind conditions to appropriate levels throughout
the year; deciduous soft landscaping is most effective during the summer
months. The use of soft landscaping for wind control requires consideration
of species, size, and viability in the predicted local microclimate (i.e.,
sustainability in a windy environment). Diagram A1-5 shows several
examples of smaller-scale design and soft landscaping features used for
wind control.
Suburban Housing Accelerator Land Use By-law | 150
Diagram A1-5: Examples of smaller-scale building elements and soft
landscaping features for wind control.
Peer Review of Pedestrian Wind Impact Assessment
The Municipality reserves the right to verify that the pedestrian wind impact
assessment complies with this Appendix through a peer review conducted
by an external organization.
Suburban Housing Accelerator Land Use By-law | 151
Appendix 2 - Invasive or Highly
Toxic Plant Species
All of the following plant materials are considered invasive or highly toxic
species under this By-law:
Number Common Name
Latin Nomenclature
(Genus, Species)
1
Belladonna
Atropa belladonna
2
Coltsfoot
Tussilago farfara
3
Common Burdock
Arctium minus
4
Giant Hogweed
Heracleum mantegazzianum
5
Goutweed
Aegopodium podagraria
6
Himalayan Balsam (aka
Policeman's Helmet)
Impatiens glandulifera
7
Japanese Knotweed
Polygonum cuspidatum
8
Multiflora Rose (aka Rambler
Rose)
Rosa multiflora
9
Purple Loosestrife
Lythrum salicaria
10
Scotch Broom
Cytisus scoparius
11
Wild Parsnip
Pastinaca sativa
12
Yellow Floating Heart
Nymphoides peltatum
13
Japanese Barberry
Barberis thunbergii
14
Garlic Mustard
Alliaria petiolata
15
Glossy Buckthorn
Frangula alnus
16
Oriental Bittersweet
Celastrus orbiculatus
17
Common Horsetail
Equisetum arvense
18
Marsh Horsetail
Equisetum palustre
Suburban Housing Accelerator Land Use By-law | 152
Schedules
Suburban Housing Accelerator Land Use By-law | 153
Suburban Housing Accelerator Land Use By-Law
Amendment
Number
Policy / Maps
Subject
Council
Adoption
Effective
Date
1
Amended: Section 38, Subsection
44(2), Clause 102(2)(j), Subclause
134(a)(i), Section 135, Subsections
136(2), 139(2), 139(4), 155(47.1),
155(110), 155(184), 155(202),
Schedules 1, 2, 3, 4, 5
MINORREV-
2024-01198
RC - March
18, 2025
E - April
23, 2025
2
Amended: Schedule 2
MINORREV
2025-00656
RC- July 8,
2025
E - July
8, 2025
3
Amended: Subsection 19(1)(b)(g), (4),
Subsection 90(2)(3)
Added: Section 16(3), Section
57(1)(2)(3)
MINORREV
2025-02922
RC-
December
11/25
E-
February
2/26