This is the exact embedded text of the captured official document.
Snapshot 6a967e8ed43a · verified 2026-06-05 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
Town of Amherst
LAND USE BYLAW
P-2
Town of Amherst
Land Use Bylaw
First Reading: 2025.10.27
Second Reading: 2025.11.24
Effective: 2026.03.17
Approved by the Minister of Municipal Affairs, with amendments:
2026.03.01
TABLE OF CONTENTS
1
Definitions ........................................................................................................................ 1
1.1
Definitions ............................................................................................................................. 2
2
Zoning and Interpretation ............................................................................................... 17
2.1
General ............................................................................................................................... 18
2.2
Schedules ............................................................................................................................ 18
2.3
All Land to be Zoned ............................................................................................................ 18
2.4
Amendments to the Zoning Map ......................................................................................... 19
2.5
Zoning Boundaries ............................................................................................................... 19
2.6
Permitted Uses .................................................................................................................... 19
2.7
Measurements .................................................................................................................... 19
2.8
Certain Words ..................................................................................................................... 20
2.9
Conflict ................................................................................................................................ 20
2.10
Definitions ....................................................................................................................... 20
3
Administration ................................................................................................................ 21
3.1
Town Planning Advisory Committee .................................................................................... 22
3.2
Authority ............................................................................................................................. 22
3.3
Development Officer ........................................................................................................... 22
3.4
Inspection ............................................................................................................................ 22
3.5
Development Permit Required ............................................................................................ 22
3.6
No Development Permit Required ....................................................................................... 23
3.7
Information Required for Development Permit Applications ............................................... 24
3.8
Site Plan Approval ............................................................................................................... 24
3.9
Site Plan Approval Application Content and Criteria ............................................................ 25
3.10
Site Plan Approval Notification Area and Appeals ............................................................ 27
3.11
Site Plan Refusal Notification and Appeals ....................................................................... 27
3.12
Variances ......................................................................................................................... 27
3.13
Enforcement and Penalty ................................................................................................. 28
3.14
Existing Structures and Use .............................................................................................. 28
3.15
Compliance with Other Bylaws ........................................................................................ 28
3.16
Effective Date .................................................................................................................. 28
3.17
Repeal of Bylaw ............................................................................................................... 28
4
General Provisions for all Zones ...................................................................................... 29
4.1
Accessory Buildings ............................................................................................................. 30
4.2
Accessory Uses Permitted .................................................................................................... 30
4.3
Agricultural Animals ............................................................................................................ 31
4.4
Conformity with Existing Setbacks ....................................................................................... 31
4.5
Corner lot Triangle or Day Lighting Triangle ......................................................................... 31
4.6
Display Courts ..................................................................................................................... 31
4.7
Existing Buildings ................................................................................................................. 31
4.8
Existing Lots without Frontage ............................................................................................. 32
4.9
Existing Undersize Lots ........................................................................................................ 32
4.10
Fences .............................................................................................................................. 32
4.11
Flag Lots ........................................................................................................................... 32
4.12
Floodway Fringe Overlay .................................................................................................. 33
4.13
Fronting on Streets .......................................................................................................... 33
4.14
Illumination ..................................................................................................................... 33
4.15
Multiple Uses ................................................................................................................... 33
4.16
Non-Conforming Use Changed by Development Agreement ............................................ 34
4.17
One Main Building on a Lot .............................................................................................. 34
4.18
Outdoor Furnaces ............................................................................................................ 34
4.19
Outdoor Storage Prohibited ............................................................................................. 34
4.20
Permitted Encroachments into Yards ............................................................................... 34
4.21
Prohibited Dwellings ........................................................................................................ 35
4.22
Public Utilities .................................................................................................................. 35
4.23
Restoration to a Safe Condition ........................................................................................ 35
4.24
Serviceable Development ................................................................................................ 35
4.25
Shipping Containers ......................................................................................................... 36
4.26
Solar Collector Systems - Accessory ................................................................................. 36
4.27
Subdivision of an Existing Lot with Existing Main Buildings............................................... 36
4.28
Swimming Pool Performance Standards ........................................................................... 37
4.29
Temporary and Special Occasion Uses .............................................................................. 37
4.30
Wind Turbines.................................................................................................................. 38
4.31
Habitation of Vehicle Bodies ............................................................................................ 38
5
Vehicle Controls .............................................................................................................. 39
5.1
Parking Space Requirements ............................................................................................... 40
5.2
Minimum Dimensions for Parking and Loading Spaces ......................................................... 41
5.3
Loading Space Requirements ............................................................................................... 41
5.4
Performance Standards for Parking Areas ............................................................................ 41
5.5
Performance Standards for Parking Area Driveways and Aisles ............................................ 42
5.6
Parking of Commercial Motor Vehicles in Residential Zones ................................................ 42
5.7
Front Yard Parking Restrictions in Residential Zones ............................................................ 43
5.8
Street Access Required ........................................................................................................ 43
5.9
Vehicle Stacking for Through Uses ....................................................................................... 43
5.10
Parking for Persons with Disabilities ................................................................................ 43
5.11
Vehicle Bodies Not to be Used for Human Habitation ...................................................... 43
5.12
Downtown Zone Parking Standards ................................................................................. 44
6
Signage ........................................................................................................................... 45
6.1
General Provisions ............................................................................................................... 46
6.2
Maintenance ....................................................................................................................... 46
6.3
Signs Permitted in all Zones ................................................................................................. 46
6.4
Signs Prohibited in all Zones ................................................................................................ 47
6.5
Number of Signs .................................................................................................................. 47
6.6
Signs in Residential Zones .................................................................................................... 48
6.7
Off-site Signage ................................................................................................................... 48
6.8
Sponsorship Signage on Town Owned Recreational Lands ................................................... 48
6.9
Sandwich Board Signs .......................................................................................................... 48
6.10
Ground Signs .................................................................................................................... 49
6.11
Projecting Wall Signs ........................................................................................................ 49
6.12
Facial Wall Signs ............................................................................................................... 49
6.13
Roof Signs ........................................................................................................................ 49
6.14
Sign Standards in the Downtown Zone ............................................................................. 50
7
Residential ...................................................................................................................... 51
7.1
General Provisions for All Residential Zones ........................................................................ 52
7.2
General Residential Zone ..................................................................................................... 56
7.3
Land Lease Community Zone ............................................................................................... 58
8
Commercial Zones ........................................................................................................... 59
8.1
General Provisions for Commercial Zones ............................................................................ 60
8.2
Highway Commercial Zone .................................................................................................. 61
8.3
Downtown Zone .................................................................................................................. 63
8.4
Mixed Use Zone ................................................................................................................... 68
8.5
Neighbourhood Commercial Zone ....................................................................................... 70
8.6
Business Park Zone .............................................................................................................. 71
9
Industrial Zone ................................................................................................................ 73
9.1
Industrial Zone .................................................................................................................... 74
10
Special Use Zones ........................................................................................................ 77
10.1
Institutional Zone ............................................................................................................. 78
10.2
Comprehensive Development District (CDD) Zone ............................................................ 80
10.3
Open Spaces Zone ............................................................................................................ 81
10.4
Flood Plain Zone .............................................................................................................. 82
11
Schedules ..................................................................................................................... 83
Schedule A -- Zoning Map .............................................................................................................. 84
Schedule B - List of Amendments to the Land Use Bylaw ............................................................... 85
1 DEFINITIONS
2
Town of Amherst Land Use Bylaw
1.1
Definitions
1.1.1 For the purpose of this Bylaw the definitions and interpretations given in this section shall
govern. Words used in the present tense include future; words in the singular include the
plural; words in the plural include the singular; the word "used" includes "arranged,
designed or intended to be used"; the word "shall" is mandatory and not directory.
1.
Accessory Building means a separate building or structure located on the same lot as
the main building or principal use, and of a nature customarily and clearly secondary
and incidental to the main building or principal use.
2.
Accessory Use means the use or uses which take place on the same lot as the main
use, and of a nature customarily and clearly secondary and incidental to the main use.
3.
Accommodations means a building, or buildings, or part thereof on the same lot used
to accommodate the traveling public for gain or profit by supplying them with
overnight sleeping accommodation with or without meals and including customary
ancillary services and amenities but without private cooking facilities but shall not
include a bed a breakfast
4.
Adjacent for the purposes of this Bylaw, means the building, or property that shares a
common boundary on the same side of the street.
5.
Adult Entertainment Use means any establishment that offers services, or
entertainment to the public intended to deliver sexual stimulation or gratification, or
is reasonably intended to appeal primarily to erotic appetites. It includes, but is not
limited to, entertainment characterized by the display of the nude or semi-nude
human body in a manner or context apparently designed to exploit the sexual aspects
of the human body and its constituent anatomy. Such entertainment is commonly
promoted using adjectives or terms such as "nude", "topless", "adult", "sexy",
"exotic", and so on.
6.
Alter means to change the structural component of a building or to increase the
volume of a building or structure.
7.
Agricultural Use means an operation involving the keeping of agricultural animals.
8.
Agricultural Animal means an animal kept for the purpose of breeding, milking, egg or
meat production, assistance in performing farm chores or recreation and shall include
horses, cattle, swine, poultry, sheep, goats, mink, foxes, chinchillas, bees, but shall not
include cats, dogs, parakeets, canaries, hamsters, tropical fish, and similar household
pets. A rabbit is an agricultural animal if located on a lot on which in excess of ten
rabbits are kept; if ten or fewer are involved, the rabbits shall be deemed to be house-
hold pets.
9.
Animal Hospital means an establishment providing surgical or medical treatment or
examination of domestic pets entirely within a building, but does not include the
breeding of animals or overnight boarding except overnights stays incidental to
medical treatment.
10.
Automobile see Motor Vehicle
Zoning and Interpretation
3
11.
Bed and Breakfast means a dwelling where the proprietor supplies rooms, up to a
maximum of six, which are rented or hired out to accommodate the travelling public
for sleeping purposes and where a general kitchen and dining room are provided
within the building or in an accessory building for the purpose of serving meals only to
overnight guests.
12.
Berm means an area of land which has been raised to screen a use or activity from
abutting uses or activities.
13.
Block means the smallest area of land, the boundaries of which consist entirely of
public streets, rivers, railroads, public parks or any combination thereof.
14.
Boarding House or (Rooming) House means a dwelling in which the proprietor
supplies more than two rooms and board to persons exclusive of the owner or
members of his family and which is not open to the general public but does not
include a group care facility.
15.
Building means any structure, whether temporary or permanent, used or built for the
shelter, accommodation or enclosure of persons, animals, material or chattels, and
includes any awning, bin, bunker or platform, vessel or vehicle used for any of the said
purposes.
16.
Building Area means the maximum horizontal area of a building at grade measured to
the centre of party walls or to the outside of exterior main walls including air walls
and all other spaces within the building, but excluding porches, steps, chimney
breasts, carports or open platforms.
17.
Building Line means any line regulating the position of a building or structure on a lot.
18.
Business or Professional Office means a building or part thereof, furnished or used
for the purpose of regularly transacting business such as a service performed or
consultation given but shall not include a manufacturing of any product or the retail
selling of goods.
19.
Cannabis Lounge means premises where the primary purpose of the facility is the
consumption of cannabis, cannabis products or any of its derivatives such as oils or
edible products. A cannabis lounge may or may not include cannabis retail sales
20.
Cannabis Production Facility means premises used or occupied by a person or
organization licensed by the Government of Canada for the production of cannabis or
cannabis products
a) Including:
i.
where cannabis or any of its derivatives, such as resin or oils, is grown,
cultivated, harvested, manufactured, processed, packaged, or labelled,
and
ii.
associated activities permitted by the federal license, such as research
and development, storage, and destruction, and
b) excluding:
iii.
industrial hemp, and
iv.
premises used for personal production permitted by federal legislation.
4
Town of Amherst Land Use Bylaw
21.
Cannabis Retail Sales means premises used for the retail sale of cannabis, cannabis
products or any of its derivatives, such as oils or edible products, to the general
public.
22.
Carport means a building or structure which is without walls on at least two sides and
is used for the parking or storage of a motor vehicle and for the purposes of this
Bylaw a carport with an enclosed second storey shall be considered a garage.
23.
Cemetery means the use of land for the burial of the dead and related purposes, such
as a columbaria and mausoleums, and excludes a crematorium use, which is included
in the definition of funeral home.
24.
Character-defining Element means the materials, forms, location, spatial
configurations, uses, and cultural associations or meanings that contribute to the
heritage value of an historic place, which must be retained to preserve its heritage
value.
25.
Commercial Motor Vehicle means a truck tractor; tow truck or wrecker; agricultural,
construction or industrial equipment; any vehicle designed, intended, or used for
transporting more than 9 people; any vehicle used to transport persons and / or
merchandise for profit; or any motor vehicle with a TARE weight in excess of 3,650 kg.
26.
Commercial Recreation Centre means a building or lot or part of a building or lot used
solely for commercial recreation or entertainment purposes and without limiting the
generality of the foregoing, may include such establishments as dance halls, billiard or
pool halls, bowling alleys, miniature golf courses, bingo halls, roller skating rinks and
discos, and arcades for pinball and other game machines and amusements, including
accessory food service.
27.
Commercial School means a school of seven or more pupils conducted for gain, and
includes a secretarial school, language school, driving school, etc.
28.
Commercial Use means the use of land, building or structure for the purpose of
buying and selling commodities and / or supplying of services as distinguished from
uses such as manufacturing or assembling of goods, warehousing, transport terminals,
construction and other similar uses.
29.
Common Wall means a vertical separation completely dividing a portion of a structure
from the remainder of a structure and creating, in effect, a building which, from its
roof to its lowest level, is separate and complete unto itself for the purpose for which
it is designed, intended, or used.
30.
Community Centre means a property or building used for non-profit community
activities operated by a public authority, church, or fraternal organization, but shall
not include a commercial recreational centre.
31.
Convenience Store means a building or part of a building used for the retail sale of a
limited line of grocery and confectionary items, which serve the needs of the local
neighbourhood.
Zoning and Interpretation
5
32.
Corner Lot Sight (Day Lighting)
Triangle means that area of a
corner lot which is enclosed by
a triangle, the apex of which is
the intersection of the flanking
lot line and the front lot line,
two sides of which triangle are
6 m in length measured from
said point of intersection along
the said lines and the base of
which triangle is formed by a
straight line joining the said
exterior lot lines at the said
points 6 m from the
intersection. (see figure 1)
33.
Council means the Council of
the Town of Amherst.
34.
Day Care Centre means:
a) Non-residential Day Care
Centre means a place where
9 or more children are cared for without overnight accommodation, but does not
include a school.
b) Residential Day Care Centre means that portion of a residential dwelling which is
used to accommodate more than three but fewer than nine children who are
looked after during the daytime hours and who are not provided with overnight
accommodation.
35.
Development includes any erection, construction, addition, alteration, replacement
or relocation of to any building or structure and any change or alteration in the use
made of land, building or structures.
36.
Development Officer means the officer appointed by the Town of Amherst or his
designate and charged with the responsibility of administering the provisions of the
Municipal Government Act and of this Land Use Bylaw in accordance with the
Municipal Government Act.
37.
Display Court means the use of land for the outdoor display and sale of large
household or recreational items such as, but not limited to, all-terrain vehicles, hot
tubs, swimming pools, and recreational vehicles. This definition shall include the
display and sale of prefabricated homes but shall not include heavy equipment sales
and rentals or boat and marine sales.
38.
Dwelling means a building or a portion thereof, occupied or capable of being
occupied as a home or residence by one or more persons, containing one or more
dwelling units, and shall not include hotels or a recreational vehicle or travel trailer.
39.
Dwelling Unit Types:
a) Accessory means a subservient dwelling either located within a single dwelling or
in a building on a lot with a single dwelling.
6
Town of Amherst Land Use Bylaw
b) Basement-only means a structure containing one (1) or more dwelling units
constructed wholly below the established grade without any main walls or
habitable rooms above the established grade but does not include accessory
dwellings in the basement of a single dwelling.
c) Converted Dwelling means a building originally built and designed as a single
detached dwelling unit which contains two to four dwelling units; or a building
originally built as a double dwelling renovated to contain three or four dwelling
units.
d) Double means a dwelling containing two dwelling units, other than converted
dwellings, and shall include duplexes and semi-detached dwellings
e) Duplex means a building divided horizontally into two dwelling units.
f)
Dwelling Unit means one or more habitable rooms designed or intended for use
by one or more individuals as an independent and separate housekeeping
establishment in which separate kitchen, sanitary facilities and sleeping room are
provided for the exclusive use of such individuals.
g) Garden Suite means an accessory building to be used as a single detached
dwelling unit.
h) Grouped buildings means buildings designed as part of a group of dwellings on
the same lot, held and maintained under single ownership, or otherwise provided
under the Condominium Act, R.S.N.S. 1989.
i)
Mobile/Mini Homes shall mean single or multiple dwelling units with a length to
width ratio greater than 3:1.
j)
Modular Home shall mean a finished section or sections of a complete dwelling
unit built in a factory for transport to the site for installation certified by Canadian
Standards Association prior to placement on the site as complying with the CSA
Standard A277-M-1990 "Procedures for Certification of Factory Built Houses".
k) Multi-unit means a building or part thereof, consisting of three (3) or more
dwelling units, excluding townhouses.
l)
Semi-Detached means a building that is divided vertically into two dwelling units,
each of which has its own entrance.
m) Single Detached means a completely detached dwelling unit, and shall include
small options homes.
n) Small Options Home means a family home or group care or similar facility for the
non-medical care of up to seven (7) persons in need of personal services,
supervision, or assistance essential for sustaining the activities of daily living or for
the protection of the individual, but does not include a facility licensed by
Corrections Canada or Nova Scotia Corrections or successor bodies.
o) Supportive Housing means a community-based group living arrangement for
individuals with social, emotional, legal, mental and/or physical handicaps or
problems, that is developed for the wellbeing of its residents through self-help,
professional care, guidance and supervision unavailable in the resident's own
family, as an institution or in an independent living situation. A group care facility
is licensed, funded or approved by the Province of Nova Scotia.
Zoning and Interpretation
7
p) Townhouse means a building that is divided vertically into three or more dwelling
units, each of which has an independent ground floor entrance(s).
40.
Dwelling Unit ("DU") means one (1) or more habitable rooms designed or intended
for use by one or more individuals as an independent and separate housekeeping
establishment in which separate kitchen, sanitary facilities, and sleeping room are
provided for the exclusive use of such individuals.
41.
Electric Vehicle Charging means infrastructure that supplies energy for the charging
of electric vehicles such as plug-in electric and hybrid vehicles.
42.
Erect means to build, construct, reconstruct, alter or relocate and without limiting the
generality of the foregoing shall be taken to include any preliminary physical
operation such as excavating, grading, piling, cribbing, filling or draining, structurally
altering any existing building or structure by an addition, deletion, enlargement or
extension
43.
Established Building Line means a line parallel to the street established by the
average distance of main buildings on the same side of a street.
44.
Established Grade means with reference to a building, the average elevation of the
finished surface of the ground where it meets the exterior main walls of such building;
or with reference to a structure means the average elevation of the finished grade of
the ground immediately surrounding such structures exclusive in both cases of any
artificial embankment or entrenchment and when used with reference to a street,
road or highway means the elevation of the street, road or highway established by the
Town or other designated authority. (see figure 3)
45.
Existing means legally existing on the effective date of this Bylaw. If a building permit
has been issued for a structure before the effective date of this Land Use Bylaw, the
structure shall be deemed an existing use if construction begins within a one (1) year
period immediately following issuance of the permit. A lot shall be deemed an existing
lot if it was created prior to the effective date of this Bylaw or if it was shown on a
plan of subdivision tentatively approved by the Town prior to the effective date of this
Bylaw. Proof that the lot was created or was tentatively approved prior to the
effective date of this Bylaw is required.
46.
Façade means the exterior parts of a building that face a street or public open space
that represents the building, tells people about the building, what it is, how to enter
and the nature of the interior uses.
47.
Fence means any barrier of posts, wood, metal, wire, brick or other similar materials
or combinations of such materials, which is constructed for the purpose of
delineating, screening, safeguarding or enclosing.
48.
Footprint means the total ground floor area of a building enclosed within the exterior
faces of the exterior walls, and for the purpose of this definition the walls forming a
courtyard shall be deemed to be exterior walls.
49.
Flag Lot means a lot characterized by the location of the main body of the lot
generally at the rear of another lot, or otherwise separated from the street or
roadway which provides access, and by a narrower area extending from the main
body of the lot to the said street or roadway.
8
Town of Amherst Land Use Bylaw
50.
Floor Area:
a) With Reference to a Dwelling means the maximum area contained within the
outside walls excluding any garage, porch, veranda, sunroom, unfinished attic or
basement or other room not habitable at all seasons of the year.
b) With Reference to a Dwelling Unit where more than one unit is contained within
a building means the maximum floor area contained within the finished wall
surfaces of an individual dwelling unit.
c) Commercial Floor Area means the total usable floor area within a building used
for commercial purposes but excludes furnace and utility rooms, and common
malls between stores.
d) Gross Floor Area means the aggregate of the floor area of a building above or
below grade, measured between the exterior faces of the exterior walls of the
building at each floor level but excluding car parking areas within the building; and
for the purpose of this clause, the walls of an inner court shall be deemed to be
the exterior walls.
e) Net Floor Area means the total useable floor area within a building exclusive of
washrooms, furnace and utility rooms and common halls or malls between
individual establishments.
51.
Frontage see "lot frontage".
52.
Garden Centre means a building or structure and lands associated therewith, for the
growing of flowers, fruits, vegetables, plants, shrubs, trees, or similar vegetation
together with gardening tools and implements that are sold at retail from such
buildings or lot to the general public.
53.
Garage means a building or structure which is enclosed on three or more sides and is
used for the parking or storage of a motor vehicle.
54.
Grade Level means grade prior to any development.
55.
Gross Building Area means the floor area of a main building including the floor area of
rooms reasonably convertible, in the opinion of the building inspector, to the main
purpose.
56.
Habitable Room means a living room, bedroom, kitchen with or without space for
eating, or a dining room.
57.
Height means the vertical distance between the established grade and:
a) the highest point of the roof of a building excluding church spires, water tanks,
elevator enclosures, flagpoles, ventilators, skylights, chimneys, clock towers,
communication towers or statues/works of art on public property; or
b) the highest point on a structure with no roof.
58.
Heritage Landscape means a landscape that is valued by the community, has
functional continuity and/or physically reflects the past, and is associated with the
history of the area, has design value, and/or has contextual value.
Zoning and Interpretation
9
59.
Home for Special Care means a building wherein nursing care or room and boards are
provided to individuals incapacitated in some manner for medical reasons but does
not include a hospital.
60.
Home-based Business means a business activity accessory to the residence and
carried on by the occupant of the residence, and without limiting the generality of the
foregoing shall include professional personal services, instruction and private tutoring,
artist studios, contractor's storage and parking, storage of inventory for off-site retail
sales; but shall not mean autobody or mechanical motor vehicle repairs, retail stores,
canteens or taxi stands.
61.
Hotel / Motel means a building, or buildings, or part thereof on the same lot used to
accommodate the traveling public for gain or profit by supplying them with overnight
sleeping accommodation with or without meals and including customary ancillary
services and amenities but without private cooking facilities.
62.
Industrial Use means any manufacturing, assembly, or warehousing operation.
63.
Kennel means a building, structure or lot where animals are kept or boarded
commercially.
64.
Landscaping means any combination of trees, shrubs, flowers, grass or other
horticultural elements, decorative stonework, gravelling, paving, screening or other
architectural elements, all of which are designed to enhance the visual amenity of a
lot or to provide a screen.
65.
Licensed Liquor Establishment means a cabaret, lounge, beverage room, and/or bar
licensed under the Nova Scotia Liquor Control Act or successor legislation.
66.
Light Manufacturing means a use engaged in the manufacturing, predominantly from
previously prepared/processed materials, of finished products or parts and entirely
conducted within an enclosed building. Accessory uses include processing, fabrication,
assembly, treatment, packaging, incidental storage, and distribution of such products,
but excluding raw industrial processing/manufacturing and Obnoxious Uses as defined
in this Bylaw.
67.
Loading Space means an off-street space or berth on the same lot with a building or
contiguous to a group of buildings, for the temporary parking of a commercial vehicle
while loading or unloading merchandise or materials and which is connected to a
public street by an appropriate access.
68.
Lot means any parcel of land described in a deed or as shown on a registered plan of
subdivision.
a) Corner Lot means a lot situated at the intersection of and abutting upon two or
more streets. Lot Area means the total horizontal surface within the lot lines of a
lot, excluding the horizontal area of such lot covered by water, or marsh, or
beyond the rim of a river bank or watercourse, or between the top and toe of a
cliff or embankment of 22 degrees or more from horizontal, provided that only
the lot area lying within the zone in which a proposed use is permitted may be
used in calculating the minimum lot area under the provisions of this Bylaw for
such permitted use.
10
Town of Amherst Land Use Bylaw
b) Lot Coverage means that percentage of the lot area covered by all buildings above
ground level, and shall not include that portion of such lot area which is occupied
by a building or portion thereof which is completely below ground level, and for
the purpose of this definition the maximum lot coverage in each zone shall be
deemed to apply only to that portion of such lot which is located within said zone.
c) Lot Depth means the horizontal distance between the front and rear lot lines.
Where these lot lines are not parallel, the lot depth shall be the length of a line
joining the mid-points of the front and rear lot lines.
d) Lot Frontage means the length of a line joining the side lot lines and parallel to the
front lot line. Calculation of Lot Frontage for irregularly shaped lots shall be the
horizontal distance between the side lot lines as measured at a point, where a line
drawn perpendicular to a line joining the midpoint of the rear lot line and the
midpoint of the front lot line at a point equal to the required front yard. In
determining yard measurements, the minimum horizontal distance from the
respective lot lines shall be used. Calculation of lot frontage for corner lots shall be
the horizontal distance between the side lot line and the flanking lot line. This
definition shall not apply in the case of flag lots.
e) Through Lot means a lot bounded on two opposing sides by streets or highways
provided however, that if any lot qualifies as being both a corner lot and a through
lot as hereinbefore defined, such lot shall be deemed to be a corner lot for the
purpose of this Bylaw.
69.
Lot Line means any boundary of a lot.
a) Front Lot Line means the line dividing the lot from the street; in the case of a
corner lot, the shorter boundary line abutting the street shall be deemed the front
lot line and the longer boundary line abutting the street shall be deemed the side
lot line. In the case of a through lot, any boundary dividing the lot from a street
may be the front lot line.
b) Flanking Lot Line means a side lot line which abuts the street on a corner lot.
c) Rear Lot Line means the lot line furthest from opposite the front lot line.
d) Side Lot Line means a lot line other than a front or rear lot line.
70.
Main Building means the building in which the principal use of the property is
undertaken.
71.
Medical Clinic means a building or structure where 7 or more members of the medical
profession, dentists, chiropractors, osteopaths, and physicians or occupational
therapists provide diagnosis and treatment to the general public without overnight
accommodation and shall include such uses as reception areas, offices, coffee shop,
consultation rooms, x-ray and minor operating rooms and a dispensary.
72.
Medical Practitioner means a doctor, dentist, chiropractor, osteopath, optometrist,
oculist, but does not include a veterinarian.
73.
Motor Vehicle Fueling/Service Station means an establishment where the principal
business carried on is the retail sale of vehicle fuels, propane and lubricants.
Zoning and Interpretation
11
74.
Motor Vehicle Sales, Rental and Repair means an establishment excluding a private
home or garage, where new and / or used vehicles, lubricants, tires, parts and
accessories for motor vehicles are kept for sale, and where replacement and/or
repairs to any component of a motor vehicle may be performed including autobody
and/or painting uses. Motor vehicles shall include boats and other recreational
vehicles. Salvage and scrap yards, and motor vehicle fueling stations are separate
uses.
75.
Land Leased Community means a development that contains mobile homes and
other residential uses, not having a registered subdivision plan individual lots, under
single ownership and managed by a Land Leased Community operator. Within the
Land Leased Community, individual dwelling lots may be subdivided.
76.
Municipal Government Act ('Act') means the provincial legislation which enables
municipalities to plan and run their corporate affairs.
77.
Municipal Planning Strategy ('MPS') means the Municipal Planning Strategy of the
Town of Amherst
78.
Nursing Home means an extended or immediate care facility licensed under the
Homes for Special Care Act, or successor legislation, to provide full time skilled nursing
care to individuals who, by reason of age, chronic illness or infirmity, are unable to
care for themselves.
79.
Net Retail Area means the gross space leased or leaseable to tenants, exclusive of
malls, public washrooms and other common areas.
80.
Obnoxious Use shall mean a use which creates by its nature or operation a nuisance
or is offensive by the creation of noise or vibration, or by reason of the emission of
gas, fumes, dust, oil or objectionable odour, or by reason of the unsightly storage of
goods, wares, merchandise, salvage, refuse matter, waste or other material.
81.
Office means a room designed, furnished or used for the purpose of regularly
transacting business, a service performed or consultation given but shall not include a
manufacturing of any product or the retail selling of goods.
82.
Open Space means the area situated within the boundaries of a residential
development site intended for recreational purposes, and may include landscaped
areas, patios, private amenity areas, balconies, communal lounges, swimming pools,
play areas and similar uses, but does not include any area occupied at grade by a
building's service area, parking lots, aisles or access driveways.
83.
Outdoor Furnace or Waterstove means a furnace which is located adjacent to a
structure, and is intended to provide heat to that structure, via combustion and the
heating of water, or otherwise.
84.
Outdoor Patio means an outdoor area adjoining a restaurant, and consisting of
outdoor tables, chairs, plantings, and related decoration and fixtures, and where
meals or refreshments are served to the public for consumption on the premises.
85.
Outdoor Retail Display means the display of retail goods or materials intended for the
immediate sale to the general public which are not enclosed within a structure.
12
Town of Amherst Land Use Bylaw
86.
Outdoor Storage means the storage of goods or materials not intended for immediate
sale to the general public which are not enclosed within a structure.
87.
Parking Area or Parking Lot means an open area, other than street, used for the
temporary parking of more than two vehicles and available for public use, whether
free, for compensation or as an accommodation for clients, customers or residents
and which has access to a public street.
88.
Parking Space means an area of not less than 3 m by 6 m, exclusive of driveways or
aisles, for the temporary parking or storage of motor vehicles, and which has
adequate access to permit ingress and egress of a motor vehicle to and from a street
or highway by means of driveways, aisles or maneuvering areas.
89.
Pedestrian Clearway means an unobstructed, clear, straight, and continuous path of
sidewalk which provides unobstructed passage, or pedestrian flow, for the entire
length of the sidewalk and which is adjacent to the street line of the premises, as well
as providing unobstructed access to any Town- approved installation located on the
sidewalk.
90.
Park or Playground means an area of land used for recreation with features including,
but not limited to, greens, community gardens, walking paths, play structures, ponds,
fountains, and dog parks.
91.
Personal Service Shop means a building or part of a building which persons are
employed in furnishing services or otherwise administering to the individual and
personal needs of persons and may include such establishments as barber shops,
beauty parlours, hairdressing shops, shoe repair, and depots for collecting dry-
cleaning and laundry, but excludes any manufacturing or fabrication of goods for sale.
92.
Private Club means a building or part of a building used as a meeting place for
members of an organization and may include a lodge, a legion, a fraternity or sorority
house, and a labour union hall.
93.
Principal Street means a street that is either East Victoria Street, Church Street,
Havelock Street, Electric Street, King Street, or Ratchford Street.
94.
Public Building is a building owned or used by a Federal, Provincial or Municipal
Government.
95.
Recreational Use means the use of land for parks, playgrounds, tennis courts, lawn
bowling greens, indoor and outdoor ice skating rinks, athletic fields, swimming pools,
golf courses, and similar uses to the foregoing, together with necessary and accessory
buildings and structures, but not including commercial recreation centres or a track
for the racing of animals, or any form of motorized vehicles.
96.
Recreation, Commercial see Commercial Recreation Centre.
97.
Religious Institution means a building or buildings dedicated to religious worship, and
includes churches, church halls, auditoria, schools, and Parish Halls.
98.
Restaurant means a building or part thereof where food and drink is served to the
public for consumption within the building.
Zoning and Interpretation
13
a) Drive-Through Restaurant means a restaurant or part thereof where the intent is
to provide food and/or drink to customers while they remain in their motor
vehicles.
b) Eat-In Restaurant means a restaurant or part thereof where food and/or drink
may be consumed within the building or on an attached, formalized outdoor
space.
c) Take-Out Restaurant means a restaurant or part thereof that does not provide
facilities for consumption of food or drink on the premises, or only provides
informal eating facilities such as picnic tables.
99.
Retail means the offering and sale, rent or lease of goods, wares, merchandise,
substances, articles, or things whether manufactured by the retailer or purchased at
wholesale, to the general public as final consumer for personal or household
consumption and not for resale.
100. Retail Store means a building or part thereof in which goods, wares, merchandise,
substances, or articles are offered or kept for sale directly to the public at retail.
101. Salvage Facility means a premises used for keeping or storing used bodies or parts of
motor vehicles or any other type of used equipment, vehicles, machinery, or materials
of any kind.
102. School means an educational establishment.
a) Public School means an authorized school under the jurisdiction of a Public School
Board, a High School Board, a Board of Education or Provincial Government.
b) Commercial School means a school where instruction is given for the purpose of
remuneration and shall include dancing schools, music schools, golf schools, trade
schools, nursery schools, and any other school conducted for remuneration.
103. Service and Repair Shop means a shop for servicing, repairing, installing, or renting
things and equipment, including, but not limited to, the following: radio or television
service or repair shops, locksmith shops, small appliance service or repair shops, small
engine repair shops, household and carpenter tool service and repair shops, but shall
not include industrial, manufacturing, or motor vehicle repair shops.
104. Setback means the horizontal distance between any lot line and the nearest wall of
any building or structure and extending the full width or length of the lot
105. Shipping Container or Sea Can means an article of transportation equipment,
including one that is carried on a chassis, that is strong enough to be suitable for
repeated use and is designed to facilitate the transportation of goods by one or more
means of transportation, whether or not it is actually being used for such a purpose,
and includes, but is not limited to, intermodal freight containers (sea containers) and
the body of transport trailers or straight truck boxes, but does not include a motor
vehicle.
106. Sidewalk Patio means an area of the public sidewalk immediately adjacent to an
eating or drinking establishment and used by that establishment for outdoor seating
and the serving of food and / or drinks.
14
Town of Amherst Land Use Bylaw
107. Sign means a structure, device, light or natural object including the ground itself, or
any part thereof, or any device attached thereto, or painted or represented thereon,
which shall be used to identify, advertise, or attract attention to any object, product,
place, activity, person, institution, organization, industry or business, or which shall
display or include any letter, word, model, number, banner, flag, pennant, insignia,
device or representation used as an announcement, direction or advertisement, and
which is intended to be seen from off the premises or from a parking lot.
a) Banner means a sign made of fabric or other non-rigid material with no enclosing
framework.
b) Electronic Message Board Sign means a section of an otherwise permanent sign
that allows the message to be amended, updated, or otherwise modified using
digital means including, but not limited to, light- emitting diode (LED) displays,
liquid crystal diode (LCD) displays, and plasma displays.
c) Facial Wall Sign means a sign which the back main surface is attached directly to,
or is painted upon, a building wall.
d) Ground or Freestanding Sign means a sign supported by a supporting structure
that is permanently affixed to a foundation
e) Illuminated Sign means a sign that provides artificial light directly, or through any
transparent or translucent material, from a source of light connected with such
sign, or a sign illuminated by a light focused upon or chiefly directed at the surface
of the sign.
f)
Portable Sign: A sign which is self-supporting but not permanently attached to the
ground or building and can be moved from one location to another.
g) Projecting Wall Sign means a sign which; projects from, and is supported by; a
wall of a building.
h) Roof Sign means a sign fixed, placed upon or supported by the roof or non-vertical
wall of a building.
i)
Sandwich Board Sign means a sign consisting of two surfaces attached to each
other at the top and designed so as to stand temporarily without foundation or
other support on a lot or sidewalk without electrical or other service connection.
j)
Temporary Sign means a sign which may be erected for a specified period of time
and may include portable signs, banners, portable reader boards, and the like.
108. Sleeping Unit means one or more connected habitable rooms used for sleeping and
living purposes, and does not contain cooking facilities.
109. Solar Collector Area means the area of the largest parallel projection of a solar
collector onto a flat plane. When calculating the total solar collector area for a solar
collector system the solar collector area of each individual structure will first be
calculated and then added to obtain the total solar collector area.
110. Solar Collector System means a structure or array of structures, and ancillary
equipment, designed to collect solar radiation and convert it to useable forms of
energy. Without restricting the generality of this definition, solar collector system may
include evacuated tubes, flat plate collectors, concentrating mirrors, and building-
integrated photovoltaic materials but does not include windows or greenhouses.
Zoning and Interpretation
15
a) Accessory Solar Collector System means a solar collector system designed and
sized with a primary purpose to offset or meet the energy needs of other uses on
the site. While such systems may generate, on an annual basis, a small monetary
profit through programs such as net metering, such profits shall be secondary and
incidental to the purpose of offsetting on-site energy needs.
b) Commercial Solar Collector System means a solar collector system designed and
sized with a primary purpose to provide electricity or other forms of energy to the
grid or other off-site uses.
111. Street or Road means the whole and entire right-of-way of every highway, road or
road allowance, vested in the Province of Nova Scotia or the Town of Amherst and
includes sidewalks.
112. Street Line means the boundary of a street or road. (See also Lot Line)
113. Structure means anything that is erected, built, or constructed of parts joined
together or any such erection fixed to or supported by the soil or by any other
structure.
114. Swimming Pool means an artificial body of water above the surface or in ground,
constructed of cement, plastic, fibreglass or similar material, having a maximum depth
greater than 0.5 m and intended primarily for bathing, swimming and diving, but shall
not include natural, dug or dammed ponds or watercourses primarily intended for
aesthetic or agricultural purposes.
115. TARE weight means the weight of an empty motor vehicle including all attached and
contained equipment.
116. Telecommunication towers, antennas, buildings and equipment means any facility,
apparatus or other thing that is used or is capable of being used for
telecommunications or for any operation directly connected with
telecommunications, and includes a transmission facility. Amateur radio, such as
shortwave radio, as well as typical television or radio reception equipment, including
satellite dishes, which are used for residential or small commercial (e.g., motel or
lounge) purposes, are excluded
117. Tower means any structure that is designed and constructed primarily for the purpose
of supporting one or more antennas, including self-supporting lattice towers, guy
towers, or monopole towers. The term encompasses personal wireless service
facilities including radio and television transmission towers, microwave towers,
common-carrier towers, cellular telephone towers or personal communications
services towers, alternative tower structures and the like
118. Town means the Town of Amherst.
119. Utility means an organization supplying the town with electricity, gas,
telecommunications, water, or waste water services.
120. Vacant Lot means a lot on which no building or structure is located.
121. Warehouse means a building where wares or goods are stored but does not include a
retail store.
16
Town of Amherst Land Use Bylaw
122. Windmill or Wind Turbine means a machine and supporting structure designed to
convert wind energy into mechanical or electrical energy.
Domestic-Scale Wind Turbine means a wind turbine that has a height of not more
than 30 metres.
123. Yard means an open space on a lot unoccupied by main buildings except as
specifically permitted elsewhere in this Bylaw. In determining yard measurements,
the minimum horizontal distance from the respective lot lines shall be used.
a) Front Yard means a yard that extends across the full width of a lot between the
front lot line and the nearest main wall of the main building on such lot; and
"minimum" front yard means the minimum depth of a front yard on a lot between
the front lot line and the nearest main wall of any building or structure on a lot.
b) Flanking Yard means a side yard which abuts a street on a corner lot.
c) Minimum Yard means the smallest yard permitted by this Bylaw.
d) Rear Yard means a yard extending across the full width of a lot between the rear
lot line and the nearest wall of any main building or structure on the lot; and
"minimum" rear yard means the minimum depth of a rear yard on a lot between
the rear lot line and the nearest main wall of any main building or structure on the
lot.
e) Required Yard means the area between a front, side, rear, or flanking lot line and
a line parallel to the respective lot line set back a distance equal to the applicable
yard setback.
f)
Side Yard means a yard extending from the front yard to the rear yard of a lot
between a side lot line and the nearest wall of any building or structure on the lot;
and "minimum" side yard means the minimum width of a side yard on a lot
between a side lot line and the nearest main wall of any main building or structure
on the lot.
124. Zone means a delineated area of land shown on the schedules of this Bylaw and
established and designated for a specific use.
2 ZONING AND
INTERPRETATION
18
Town of Amherst Land Use Bylaw
2.1
General
2.1.1 For the purposes of this Bylaw the Town is divided into the following zones, the boundaries
of which are shown on the attached Schedule 'A'.
Zone
Residential Zones
»
General Residential Zone
»
Land Lease Community Zone
Commercial Zones
»
Highway Commercial Zone
»
Downtown Zone
»
Mixed Use Zone
»
Neighbourhood Commercial Zone
»
Business Park Zone
Industrial Zones
»
Industrial Zone
Special Use Zones
»
Comprehensive Development District
»
Institutional Zone
»
Parks and Open Space Zone
»
Flood Plain Zone
2.2
Schedules
2.2.1 Schedule 'A' is the Zoning Map and forms part of this Bylaw.
2.2.2 All schedules and figures attached to this Bylaw form an official part of the Bylaw, unless
otherwise indicated.
2.2.3 Any appendices that may be attached to this Bylaw are for information purposes only and
are not an official part of the Bylaw.
2.3
All Land to be Zoned
2.3.1 All lands within the Town shall be zoned.
Zoning and Interpretation
19
2.4
Amendments to the Zoning Map
2.4.1 The Zoning Map may be amended from time to time in accordance with applicable policies
of the Municipal Planning Strategy.
2.5
Zoning Boundaries
2.5.1 Zoning boundaries shall be determined as follows:
a) where a zone boundary is indicated as following a street, or highway, the
boundary shall be the centre line of such street or highway;
b) where a zone boundary is indicated as approximately following lot lines, the
boundary shall follow such lot lines;
c) where a railroad or railway right-of-way, electrical transmission right-of-way, or a
watercourse serves as a boundary between two or more different zones, the
centre line of such right-of-way or of such watercourse shall be the boundary;
d) where there is no landmark that indicates the precise location of a boundary, the
boundary shall be scaled from the Zoning Map;
e) where a zone boundary is indicated as following the town boundary, the town
limit shall be the boundary.
f)
where a zone boundary is indicated as following the shoreline of a watercourse,
lake, or salt water body, the ordinary high watermark shall be the boundary.
g) where none of the above provisions apply, the Development Officer shall scale the
zone boundary from the zoning map.
2.6
Permitted Uses
2.6.1 In this Bylaw any use not listed as a permitted use in a zone is prohibited in that zone unless
otherwise indicated.
2.6.2 Where a permitted use within a zone is defined in this Bylaw the uses permitted in the zone
include any similar uses that satisfy such definition except where a definition specifically
excludes any similar use.
2.7
Measurements
2.7.1 All official measurements are in metric. Where imperial measurements are provided, they
are for information purposes only.
20
Town of Amherst Land Use Bylaw
2.8
Certain Words
2.8.1 In this Bylaw:
a) the word "shall" means mandatory compliance;
b) the word "may" means discretionary compliance or a choice in applying a policy or
regulation;
c) words used in the plural include the singular, and words used in the singular
include the plural; and
d) gendered words shall be interpreted to mean any gender.
2.8.2 Words not otherwise defined in this Bylaw shall have the meaning assigned to them in the
Act.
2.9
Conflict
2.9.1 In the case of any conflict between the text of this Bylaw and any maps or drawings used to
illustrate any aspect of this Bylaw, the text shall prevail.
a) Colour coding throughout this Bylaw and the zoning maps is for ease of reference
only and the text of this Bylaw shall take priority.
b) In the case of any conflict between a number written in numerals and a number
written in letters, the number written in numerals shall prevail.
c) In the case of conflict between a written zone name and a zone symbol, the
written zone name shall prevail.
2.10
Definitions
2.10.1 For the purposes of this Bylaw, words shall have the meaning or meanings assigned to them
in Part 1 - Definitions. Where a word is not defined in Part 1 or the Act, the word shall have
the meaning or meanings assigned by accepted Canadian English dictionaries.
3 ADMINISTRATION
22
Town of Amherst Land Use Bylaw
3.1
Town Planning Advisory Committee
3.1.1 Town Planning Advisory Committee is appointed by Town Council in conformity with Section
200 of the Municipal Government Act and shall be herein referred to as the Committee.
3.1.2 Duties of the Committee include:
a) assist Council in the periodic review of the Municipal Planning Strategy and Land
Use Bylaw in conformity with the Municipal Government Act;
b) advise the Council as to the intent of the Municipal Planning Strategy; and,
c) where appropriate, hold public participation opportunities, and advise Council
regarding planning and zoning matters.
3.2
Authority
3.2.1 This Bylaw is made under the authority of, and shall be applied in a manner consistent with,
the Town of Amherst's Municipal Planning Strategy and the Municipal Government Act
("Act"), as amended from time to time.
3.3
Development Officer
3.3.1 The Development Officer, or designate(s), shall be appointed by Council to administer this
Bylaw.
3.4
Inspection
3.4.1 Subject to Section 267 of the Municipal Government Act, the Development Officer or
authorized agent of the Development Officer is authorized to enter, at all reasonable times,
into or upon any property within the Municipality for the purpose of any inspections
necessary to administer this By-law.
3.4.2 Consistent with Section 267 of the Municipal Government Act, the Development Officer or
authorized agent of the Development Officer shall not enter any place actually being used as
a dwelling without the consent of the occupier unless the entry is made in daylight hours
and written notice of the time of the entry has been given to the occupier at least twenty-
four hours in advance of the entry.
3.5
Development Permit Required
3.5.1 Unless otherwise stated in this Bylaw, no development shall be undertaken in the Town of
Amherst unless a development permit has been granted by the Development Officer.
3.5.2 No person shall move any building onto a lot without first obtaining a development permit
from the Development Officer.
Administration
23
3.5.3 The Development Officer shall only issue a development permit in conformance with this
Bylaw, or an approved development agreement, except where a variance is granted or in the
case of a nonconforming use or structure, in which case a permit shall be granted in
conformance with the Municipal Government Act.
3.5.4 Any development permit shall expire twelve (12) months from the date issued if the
development has not commenced.
3.5.5 The Development Officer may revoke a development permit where information provided on
the application is found to be inaccurate or the permit was issued in error.
3.5.6 A development permit may be renewed for an additional twelve (12) month period
provided:
a) the development permit has not been renewed previously; and
b) the Development Officer is satisfied that the development permit is consistent
with the existing Land Use Bylaw and any amendments for which Council has
provided notice of their intent to adopt.
3.5.7 In a Downtown Zone, a development permit shall be required for all new development and
exterior renovations that alter the architectural features of a building. The issuance of the
permit shall be contingent on the development satisfying the Downtown Zone requirements,
which shall take precedence over any conflicting requirements of this Bylaw. In the case of
renovations, the Downtown Zone requirements shall apply to the architectural features
being altered.
3.6
No Development Permit Required
3.6.1 Except those properties within a Downtown Zone or unless otherwise specified, no
development permit shall be required for:
a) a development that involves the interior or exterior renovation of a building that
will not change the shape of the building or increase its volume, will not add more
dwelling units, or will not involve a change in the use of the building;
b) a fence or wall that does not exceed 2.1 m in height;
c) a sign less than 0.2 m² in area where signs are permitted (see Part 6);
d) an accessory building less than 4 m² in area;
e) the teaching of one (1) student at a time;
f)
the use of a dwelling as a personal office;
g) roofing;
h) accessory electric vehicle charging stations; and
i)
public and private utilities located within a street right-of-way.
24
Town of Amherst Land Use Bylaw
3.7
Information Required for Development Permit Applications
3.7.1 Every application for a development permit shall be on an approved form and where
necessary, shall be accompanied by a sketch or plan drawn to an appropriate scale and
showing the following such as the Development Officer may require:
a) the true shape and dimensions of the lot to be used, and upon which it is
proposed to erect any building or structure;
b) the proposed location, height, and dimensions of the building, structure, or work
in respect of which the permit is applied;
c) the proposed location and dimensions of parking spaces, loading spaces, driveways;
d) the location of every building or structure already erected on or partly on such lot,
and the approximate location of every building on adjacent lots; and,
e) any other information the Development Officer deems necessary to determine whether
or not the proposed development conforms to the requirements of this Bylaw.
3.7.2 The application shall be signed by the owner of the lot or by the owner's duly authorized
agent and shall set forth in detail the present and proposed use of the lot and each building
or structure, or part of each building or structure, together with all information necessary to
determine whether or not every such proposed use of land, building or structure conforms
with the requirements of this Bylaw.
3.7.3 Where the Development Officer is unable to determine whether the proposed development
conforms to this Bylaw and other Bylaws and regulations in force which affect the proposed
development, or where the property lines are in question by the Development Officer, may
require that the plans submitted under Subsection 3.7.1 be based upon an actual survey by a
Nova Scotia Land Surveyor.
3.8
Site Plan Approval
3.8.1 Where provided for in this Bylaw, certain classes of development may be permitted by site
plan approval, administered in accordance with Sections 231 and 234 of the Municipal
Government Act.
3.8.2 All other applicable criteria of this Land Use Bylaw shall still apply to any development
proposed and undertaken through site plan approval.
3.8.3 In addition to any other requirement for a development application, an application for a site
plan approval shall be accompanied by a written request, including any necessary supporting
illustrations necessary to address each of the applicable criteria outlined in Section 3.9.
3.8.4 A site plan, and a legal undertaking signed by the proponent, must be filed with the Town,
and shall form part of the development permit.
3.8.5 The recorded site plan has effect on a lot, regardless of a change of ownership, until
discharged by the Town.
3.8.6 A development permit may be issued to carry out a development permitted by a site plan.
Administration
25
3.9
Site Plan Approval Application Content and Criteria
3.9.1 All applications for site plan approval must be submitted in writing to the Town's
Development Officer and include any information, materials, or professionally prepared
plans required by the Development Officer in order to effectively evaluate the submission.
3.9.2 In addition to the requirements of Section 3.7, application for site plan approval shall include
a site plan and a written description of the proposal that provides the following information:
a) the location of the subject property;
b) the name and address of the property owner or designated representative of the
property owner;
c) existing use(s) of the property including a description of any existing structures or
improvements;
d) the proposed use(s) including floor areas;
e) the height and number of storeys of any proposed structure;
f)
ground floor area and total floor area of the structure;
g) the proposed number of dwelling units including the number of bedrooms in each
unit; and,
h) the proposed number of parking spaces.
3.9.3 Where a zone permits a use by site plan approval, the Development Officer shall approve a
site plan where the requirements of this Bylaw and the criteria have been addressed:
Easements
a) the location of all easements shall be identified on the site plan;
Emergency Services
b) adequate emergency service access;
Location of New Buildings
c) new buildings and additions to existing buildings shall be located so as to minimize
any adverse impacts on adjacent lots;
d) the main building(s) which is/are closest to the front lot line shall have its/their
primary facade and public entrance located facing the street;
e) no building shall be permitted within 10.0 metres of any lot line on any side of the
building that has decks or balconies above a height of 2.0 metres and is adjacent
to a single dwelling, double dwelling, or townhouse dwelling existing at the time
of the site plan approval application.
26
Town of Amherst Land Use Bylaw
Parking, Access and Outdoor Storage
f)
required parking areas shall be located at the side or rear of any new building,
unless, in the opinion of the Development Officer, the side or rear yard are not
adequate for parking by reason of lot size, lot configuration, or the scale of the
proposed development;
g) parking areas, driveways, shall be surfaced with asphalt, concrete, bricks,
decorative pavers, permeable pavers, or a combination of these, and individual
parking spaces shall be delineated with painted lines or through the varying of
surface materials;
h) In the case of development adjacent to a residential use, parking and outdoor
storage areas shall be screened from adjacent properties and from public streets
by a buffer consisting of continuous fencing at least 1.2 metres high, landscaped
berms, vegetation, or some combination of these.
i)
Outdoor storage, if permitted in the zone, shall not be located in the front or
flankage yards.
j)
In the case of residential uses, the primary entrance(s) of all dwelling units shall be
connected to the nearest street right-of-way by means of a barrier-free
(accessible) pedestrian walkway at least 1.5 metres in width and paved with
asphalt, concrete, bricks, or interlocking pavers.
k) Enclosed facilities for solid waste shall be provided for the use of residents. These
facilities shall accommodate the number of waste stream collection services (e.g.,
garbage, compost, recycling) provided in the town at the time of permitting. These
facilities may be provided at a central collection point or, where appropriate,
individual facilities for each dwelling unit may be provided. Adequate access shall
be provided to the solid waste collection facilities.
Landscaping and Open Space
l)
Where possible, vegetation on site shall be retained and incorporated into the site
landscaping.
m) Not less than 50 percent of the front yard shall be landscaped and shall not
include any impermeable surfaces. Porches and verandas are not considered front
yard area for the purpose of determining front yard landscaping.
Stormwater
n) Stormwater management shall be designed such that stormwater runoff managed
onsite or is directed to a public street and shall not increase flow onto adjacent
properties.
Administration
27
3.10
Site Plan Approval Notification Area and Appeals
3.10.1 If the Development Officer approves a site plan approval application, they shall provide
written notification to all assessed property owners within 30.0 m (98.4 ft) of the subject
property by mail.
3.10.2 Written notification of the approval is deemed to have been received on the third day after
being mailed.
3.10.3 Consistent with s.232(1) of the Municipal Government Act, notified property owners may,
within 14 days of receiving the notice of site plan approval, appeal the Development
Officer's decision to Council.
3.11
Site Plan Refusal Notification and Appeals
3.11.1 If the Development Officer refuses a site plan approval application, they shall provide
written notification of the refusal to the applicant.
3.11.2 Written notification of the refusal to grant site plan approval is deemed to have been
received on the third day after being mailed.
3.11.3 Consistent with s.232(1) of the Municipal Government Act, the applicant may, within seven
(7) days of receiving the notice of refusal to grant a site plan approval, appeal the
Development Officer's decision to Council.
3.11.4 If the applicant appeals the refusal to grant site plan approval, the Development Officer shall
give seven days written notice to all assessed property owners within 30.0 m (98.4 ft) of the
subject property by mail
3.11.5 Property owners within 30.0 m (98.4 ft) of the subject property may speak at Council's
hearing of the appeal.
3.12
Variances
3.12.1 Notwithstanding anything in this Bylaw, a Development Officer may grant a variance subject
to Section 235 of the Municipal Government Act. Specifically, the Development Officer may
vary:
a) the percentage of land that may be built upon;
b) the size or other requirements relating to yards;
c) lot frontage; and/or
d) lot area.
3.12.2 Furthermore, Policy 6-15 of the Municipal Planning Strategy permits the Development
Officer to grant a variance in one or more of the following Land Use Bylaw requirements:
a) number of parking spaces and loading spaces required;
b) ground area and height of a structure;
c) floor area occupied by a home-based business.
28
Town of Amherst Land Use Bylaw
3.13
Enforcement and Penalty
3.13.1 In the event of any contravention of the provisions of this Bylaw, the Town may act as
provided for in Section 266 of the Municipal Government Act.
3.14
Existing Structures and Use
3.14.1 A structure or use of land shall be deemed to exist on the effective date of this Bylaw if:
a) it has lawfully been constructed;
b) it is lawfully under construction; or,
c) Within 12 months after all required permits for its construction or uses have been
issued.
3.15
Compliance with Other Bylaws
3.15.1 Nothing in this Bylaw shall exempt any person from complying with the requirements of the
Building Bylaw or any other Bylaw in force within the Town of Amherst, or from obtaining
any license, permission, permit, authority or approval required by any other Bylaw of the
Town of Amherst or statute or regulation of the Province of Nova Scotia or the Government
of Canada.
3.15.2 Where the provisions in this Bylaw conflict with those of any other Bylaw of the Town or
regulation of the Province or the Government of Canada, the higher or more stringent
provision shall prevail.
3.16
Effective Date
3.16.1 This Bylaw shall take effect upon the date of publication of the notice advertising the
adoption of the new bylaw or amendment.
3.17
Repeal of Bylaw
3.17.1 The Town of Amherst Land Use Bylaw passed and adopted by Council July 14, 2005 and
approved by the Provincial Director of Planning August 11, 2005, is repealed as of the date
that this Land Use Bylaw takes effect.
4 GENERAL PROVISIONS FOR
ALL ZONES
30
Town of Amherst Land Use Bylaw
4.1
Accessory Buildings
4.1.1 Detached accessory buildings may be permitted in any zone but shall not:
a) be used for human habitation except where an accessory dwelling a permitted
accessory use, and a permit has been acquired for such use;
b) be located within the front yard in any Residential Zone;
c) be permitted within the flanking yard on a corner lot;
d) be built within 2.0 metres of any main building on the lot; or
e) be considered an accessory building if attached to the main building by a common
wall greater than 3.0 metres in length.
4.1.2 Except in the Industrial Zone, the gross floor area of an accessory building shall not exceed
80 square metres and the combined ground floor area for all accessory buildings on a lot
shall not exceed:
a) 80 square metres on a lot with an area less than 4,000 square metres; or
b) 5 percent of the total lot area where the lot is 4,000 square metres of greater.
4.1.3 Accessory buildings shall not exceed 5 metres in height except the height of the accessory
building may be increased to accommodate a second storey, plus roof where:
a) the main structure is a minimum of two storeys, exclusive of the basement;
b) the proposed location of the accessory building is not in the required rear or side
yard setback of the main structure; and
c) the highest point of the roof of the accessory building does not exceed the
elevation of the roof of the main building on the lot.
4.1.4 Accessory buildings shall be set back by a minimum of 1.2 metres from all rear and side lot
lines.
4.1.5 Accessory buildings shall be located on the same lot as the main building.
4.1.6 Accessory buildings shall comply with any other applicable requirements of this Bylaw.
4.2
Accessory Uses Permitted
4.2.1 Where this Bylaw provides that land may be used for a purpose or a building or structure
may be erected or used for a purpose, such purpose may include any accessory uses thereof,
unless otherwise prohibited by this Bylaw
General Provisions for All Zones
31
4.3
Agricultural Animals
4.3.1 The keeping of agricultural animals is prohibited except for on the following lots, which have
agricultural uses existing at the date of this Bylaw:
a) PID# 25047010
b) PID# 25037219
c) PID# 25358086
4.4
Conformity with Existing Setbacks
4.4.1 Notwithstanding anything else in this Bylaw, in any zone where a proposed building does not
comply with the minimum front yard requirements, a building may be erected with a setback
equal to the established building line, but shall not be less than 3.0 metres from the street
line.
4.4.2 Only existing buildings within 60 metres that front on the same street as the proposed
building shall be used to calculate the established building line.
4.5
Corner lot Triangle or Day Lighting Triangle
4.5.1 On a corner lot, no fence, sign, hedge, shrub, bush or tree or any other structure, vehicle or
vegetation shall be erected, placed, or--in the case of plants--be permitted to grow to a
height greater than 0.6 metres above grade within a corner lot sight triangle.
4.6
Display Courts
4.6.1 Display courts under 900 square metres of gross floor area shall be permitted subject to all
requirements of this Bylaw.
4.6.2 Display courts with 900 square metres or more of gross floor area shall only be permitted by
site plan approval.
4.7
Existing Buildings
4.7.1 Where a building has been erected on or before the effective date of this Bylaw on a lot
having less than the minimum frontage or area, or having less than the minimum yard
setback required by this Bylaw the building may be enlarged, reconstructed, repaired or
renovated provided that:
a) the enlargement, reconstruction, repair or renovation does not further reduce the
required yard that does not conform to this Bylaw;
b) all other applicable provisions of this Bylaw are complied with.
4.7.2 Notwithstanding anything else in this Bylaw, the use of a building existing on a lot on the
effective date of this Bylaw may be changed to another use permitted on the lot where the
lot frontage, front yard, or area required is less than the requirements of this Bylaw,
provided that all other requirements of this Bylaw are satisfied.
32
Town of Amherst Land Use Bylaw
4.8
Existing Lots without Frontage
4.8.1 Notwithstanding Section 4.7 of this Bylaw, an existing building on a lot which does not have
frontage, but which has legal access to a public street may be expanded or enlarged,
provided that:
a) all other requirements of the Land Use Bylaw are met; and
b) no additional dwelling units are created.
4.9
Existing Undersize Lots
4.9.1 Notwithstanding anything in this Bylaw, a vacant lot having less than the minimum frontage
or area required by this Bylaw that was in existence at the effective date of this Bylaw, may
be used for a purpose permitted in the zone in which the lot is located and a building may be
erected on the lot provided that the other applicable provisions of this Bylaw are complied
with.
4.10
Fences
4.10.1 A development permit is not required for fences less than 2.1 metres in height.
4.10.2 Fences shall not:
a) exceed 2.1 metres in height in residential zones, or 3.6 metres in height in all
other zones;
b) if higher than 2.1 metres, be closer than 1.0 metres to the nearest property line;
c) contain barbed or razor wire in any Residential Zone;
d) be electrified unless erected in conjunction with an agricultural use; and,
e) where visible from a street or other public space, be constructed with the
supporting apparatus facing the public right-of-way.
4.10.3 Fencing for swimming pools shall satisfy Section 4.28 of this Bylaw.
4.11
Flag Lots
4.11.1 In the case of flag lots, in any zone, the minimum lot frontage requirements indicated in the
various sections of this Bylaw shall not apply, provided that the main body of the lot meets
the minimum area requirements for the zone, and provided that the width of the
prolongation or leg of the flag lot providing access to a street is at least 6.0 metres in width
at every point.
4.11.2 In the case of flag lots, the yard requirements for the zone shall apply to the main body of
the lot and the front yard shall be that yard closest to parallel with the street on which the
flag lot fronts.
General Provisions for All Zones
33
4.12
Floodway Fringe Overlay
4.12.1 On lands within the Floodway Fringe Overlay, and despite the uses permitted in the
underlying zoning, the following uses shall be prohibited:
a) Any use associated with the storage or production of bulk petroleum fuels or
hazardous materials.
b) Correctional Facilities
c) Home for Special Care
d) Hospitals
e) Nursing Home
4.12.2 Where development is permitted by the underlying zone, all main buildings within lands
identified as Floodway Fringe Overlay shall meet the following requirements:
a) the minimum opening elevation in the building shall be 0.09 metres above the
established 1:100 year flood elevation defined in the Upper Fundy Regions
Watersheds Municipal Flood Line Mapping 2023-25 or otherwise defined by
elevations models that indicate an acceptable elevation;
b) fill shall be placed around the perimeter of the building to a height equal to or
greater than the minimum opening elevation for a distance of 3.0 metres from the
building;
c) beyond 3.0 metres the fill shall slope down to existing grade, at a slope no steeper
than 1:1 or as designed by a Professional Engineer; and
d) flood proofing shall not directly interfere with the flow or drainage of storm
water.
4.13
Fronting on Streets
4.13.1 No development permit shall be issued unless the lot or parcel of land upon which the
development is proposed abuts and fronts upon a street. Newly subdivided lots shall be
subject to the Subdivision Bylaw.
4.14
Illumination
4.14.1 No person shall illuminate any area of a lot unless all lights are directed away from adjoining
properties and any adjacent street.
4.15
Multiple Uses
4.15.1 Where any land or building is used for more than one purpose, the provisions of this Bylaw
shall be interpreted so that the highest or most restrictive regulation for each single use
included in the development shall be applied. Standards for the provision of parking spaces
shall be deemed to be cumulative so that the requirement will be the sum of the number of
spaces required by each use.
34
Town of Amherst Land Use Bylaw
4.16
Non-Conforming Use Changed by Development Agreement
4.16.1 A development permit may be issued to change a non-conforming use to another use not
normally permitted on the property by Development Agreement in accordance with Policy 6-
18 of the Municipal Planning Strategy.
4.17
One Main Building on a Lot
4.17.1 Except as otherwise permitted in this Bylaw, no more than one main building shall be
erected on a lot.
4.18
Outdoor Furnaces
4.18.1 Notwithstanding any other provision of this Bylaw, an outdoor furnace or structure
containing an outdoor furnace in any zone shall:
a) be located in the rear yard, and at least 61 metres from the nearest lot line; and,
b) have a chimney or exhaust at least 1.8 metres above the peak of the roof of the
structure that the furnace is intended to heat.
4.19
Outdoor Storage Prohibited
4.19.1 Unless otherwise permitted in other sections of this Bylaw, no outdoor storage shall be
permitted in any zone other than storage accessory to the residential use of a lot. Such
storage may include items such as fuel wood, compost bins, and other such items in to be
used by the residents of the property.
4.20
Permitted Encroachments into Yards
4.20.1 Except for accessory buildings, every yard required by this Bylaw shall be open and
unobstructed by any structure, excluding fences and the structures listed in the following
table which shall be permitted to project into or over the specified yards for the distances
that are specified in the table below.
Structure
Yard in which projection is
permitted
Maximum permitted projection
into a required yard
Balconies, Decks,
Porches
Any Yard
2.5 m but least 1.0 m from lot
line
Carports
Side Yards Only
Minimum 1.0 m from lot line
Fire escapes, exterior
staircase
Rear and Side Yards Only
2.5 m but at least 1.0 m from lot
line
Sills, chimneys, and
other architectural
features
Any Yard
0.6 m
Swimming Pools
See Section 4.28
S ee Section 4.28
Windows Bays
Any Yard
1.0 m
General Provisions for All Zones
35
4.21
Prohibited Dwellings
4.21.1 In any zone, no development permit shall be issued for a building consisting of a basement-
only dwelling.
4.22
Public Utilities
4.22.1 Buildings or structures used for public or private utilities shall be permitted in any zone and
must be a minimum of 1.0 metres from the nearest property line.
4.23
Restoration to a Safe Condition
4.23.1 Nothing in this Bylaw shall prevent the strengthening or restoring to a safe condition of any
building or structure.
4.24
Serviceable Development
4.24.1 No development permit shall be issued in the Town except where municipally approved
piped water supply and piped sanitary sewer are available.
36
Town of Amherst Land Use Bylaw
4.25
Shipping Containers
4.25.1 Shipping containers shall not be used as accessory buildings, except for the following:
a) Any combination of shipping containers may be used for temporary storage for a
period not exceeding 90 days in a calendar year, provided a temporary
development permit has been issued by the Development Officer.
b) One (1) 6.1-metre-long shipping container may be used as an accessory building
on a lot in the General Residential (RG) Zone or Land Lease Community (LLC) Zone
provided the shipping container is altered so the exterior finish and roofline and
pitch match, in the opinion of the Development Officer, the main building on the
lot, and provided the shipping container meets all other requirements for
accessory buildings.
c) Any combination of shipping containers with a combined length not exceeding
12.2 metres (e.g., one 12.2-metre-long container, two 6.1-metre-long containers,
etc.) may be used as an accessory building on a lot in a Commercial Zone provided
the shipping container(s) meets all other requirements for accessory buildings.
d) Any combination of shipping containers may be used as an accessory building in
the Industrial (H) Zone, subject to all requirements for accessory buildings.
4.26
Solar Collector Systems - Accessory
4.26.1 In any zone, on-building solar collector systems shall be permitted as an accessory use
provided that:
a) On-building accessory solar collector systems shall not exceed the maximum
building height in the zone by more than 2.0 metres.
b) Free-standing accessory solar collector systems shall be permitted as an accessory
use in any zone, provided that the solar collector system:
i.
does not exceed a height of 2.0 metres in any Residential Zone;
ii.
does not exceed a total solar collector area of 25.0 square metres on a lot
with a lot area less than 4,047.0 square metres; and
iii.
meets all other requirements for accessory buildings in this Bylaw.
4.27
Subdivision of an Existing Lot with Existing Main Buildings
4.27.1 In any case where two or more existing main buildings erected prior to the effective date of
this Bylaw share the same lot, a subdivision of land to permit a separate lot to be created for
each building is permitted, notwithstanding anything else in this Bylaw, providing that:
a) all requirements of the Town of Amherst Subdivision Bylaw are satisfied; or
b) the new lots being created each have a means of sewage disposal and water
supply completely independent from the other(s); and,
c) all lots created as a result of any such subdivision have a front lot line of at least
4.0 metres and must be at least 400 square metres in area, or meet the lot area
requirements of the zone in which they are located, whichever is less.
General Provisions for All Zones
37
4.28
Swimming Pool Performance Standards
4.28.1 In any zone, a development permit for an outdoor swimming pool shall be issued, provided
that the swimming pool is:
a) located in the rear or side yards only;
b) located at least 2.0 metres from the closest property line;
c) not located in any required yard that abuts a street;
d) not connected to the central sanitary sewer system; and,
e) is fenced.
4.28.2 All fences enclosing an outdoor swimming pool shall:
a) completely enclose the entire swimming pool;
b) have at least one gate for access which shall be self-closing with a self-latching
device;
c) be a minimum of 1.2 metres high from ground to the top of the fence, gate, or
structure; and,
d) have no opening greater than 10 cm in any part of the fencing, gates, or structures
that enclose the swimming pool.
4.29
Temporary and Special Occasion Uses
4.29.1 Nothing in this Bylaw shall prevent a development permit from being issued for uses
incidental to construction such as a construction camp or other such temporary work camp,
tool shed, or similar building incidental to construction provided that a development permit
has been issued, but does not include basements of the building to be constructed.
4.29.2 In any zone other than a Residential Zone a 12-month temporary development permit may
be issued for a building temporarily used for sales, rental offices, or retail stores.
4.29.3 Development permits for special occasion uses shall not be required provided that the use is
not located on the lot for more than 3 days.
4.29.4 Any temporary or special occasion use shall:
a) be a minimum of 3.0 metres from the front lot line;
b) be a minimum of 1.0 metres from any other lot line; and,
c) not be located within a corner lot sight triangle.
38
Town of Amherst Land Use Bylaw
4.30
Wind Turbines
4.30.1 A development permit application for commercial wind turbine(s) Wind turbines shall be
considered by development agreement in accordance with the applicable Municipal
Planning Strategy (MPS) policies and where the turbine(s) have a separation distance from
residential dwellings the greater of the following:
a) 4 times the wind turbine height from the average grade to the highest point of the
wind turbine rotor; or
b) The distance required to ensure that:
i.
sound levels from the wind turbine do not exceed 40dBA at the exterior of a
residential dwelling, and
ii.
a residential dwelling receives less than 30 minutes per day or 30 hours per year
of shadow flicker.
4.30.2 Domestic-scale wind turbines shall be permitted as an accessory use in the General
Residential (RG) Zone, Highway Commercial (CH) Zone, and Industrial (H) Zone subject to the
following requirements:
a) the wind turbine height shall not exceed 30 metres or 10.0 metres above the
height of the main structure on the lot, whichever is less;
b) the wind turbine shall be a located a distance equal to or greater than three (3)
times the height of the wind turbine from any adjacent property lines.
4.31
Habitation of Vehicle Bodies
4.31.1 No automobile, truck, bus, coach or car body, recreational vehicle, or shipping container,
with or without wheels, shall be used for human habitation within the area regulated by this
Bylaw.
5 VEHICLE CONTROLS
40
Town of Amherst Land Use Bylaw
5.1
Parking Space Requirements
5.1.1 For every building or structure to be erected or enlarged, or for which an application for a
development permit involving a change of use is made, off-street parking located within the
same lot as the use and having unobstructed access to a public street shall be provided and
maintained in accordance with the requirements in the chart below.
Use
Requirements
Residential Uses
A dwelling containing not more than four
dwelling units
1 parking space per dwelling unit
Dwellings containing more than four dwelling
units, except townhouses
1.25 parking spaces per dwelling unit
Townhouses
1 parking space per dwelling unit
Boarding houses, rooming homes
1 parking space for every 2 sleeping units
Bed and breakfast establishments
1 parking space, plus 1 parking space per room
for rent
Commercial Uses
Business or professional office
1 parking space per 50 m² of GFA
Restaurant - Eat in
1 parking space per 100 m² of GFA
Hotels and motels
1 parking space per sleeping unit
Offices, commercial schools, and banks
1 parking space per 50 m² of GFA
Restaurants, taverns, lounges, night clubs
1 parking space per 50 m² of GFA
Funeral homes
1 parking space per 30 m² of GFA
Institutional and Community Uses
Churches, church halls, auditoria, funeral
homes, theatres, arenas, halls, stadiums,
private clubs, and other places of assembly
Where there are fixed seats, 1 parking space for
every 5 seats, or 3 m of bench space. Where
there are no fixed seats, 1 parking space per 10
m² of floor area devoted to public use
Nursing homes and homes for special care
1 parking space per 50 m²
Medical clinics and health practitioners' offices
4 parking spaces per practitioner
Kindergarten and daycares
1 parking space per 11.2 m² of floor area
Industrial Uses
Industrial Uses
1 parking space per 100 m² of GFA
Vehicle Controls
41
5.1.2 The requirements of this section shall not apply in the Downtown Zone, where all parking
requirements shall be waived.
5.1.3 Where there is more than one type of use on the same lot, Section 4.15 regarding Multiple
Uses shall apply.
5.2
Minimum Dimensions for Parking and Loading Spaces
5.2.1 The minimum dimensions of an automobile parking space shall be 3.0 metres x 6.0 metres.
5.2.2 The minimum dimensions of a loading space shall be 3.0 metres x 12 metres, with a
minimum height clearance of 3.5 metres.
5.3
Loading Space Requirements
5.3.1 Any Commercial or Industrial use over 1000 square metres in area, including motor vehicle
sales establishments, shall have at least one (1) loading space, except in the Downtown
Zone.
5.3.2 All such loading spaces shall have adequate access to permit ingress and egress of a
commercial motor vehicle from a street or highway by means of driveways, aisles,
maneuvering areas or similar areas.
5.4
Performance Standards for Parking Areas
5.4.1 Where off-street parking facilities for more than four (4) vehicles are provided, or required
pursuant to his Bylaw:
a) the parking area shall be treated so as to prevent the raising of dust and loose
particles and shall be paved if located in a commercial zone if the number of
spaces provided or required exceeds 8 in number.
b) the lights used for illumination of the parking area shall be so arranged as to divert
the light away from streets, adjacent lots and buildings;
c) a structure, not more than 4.5 metres in height and not more than 5.0 square
metres in area may be erected in the parking area for the use of attendants;
d) the parking area shall be on the same lot as the use it is intended to serve; and,
e) when the parking area is paved, each parking space shall be clearly demarcated
and maintained as such.
42
Town of Amherst Land Use Bylaw
5.5
Performance Standards for Parking Area Driveways and
Aisles
5.5.1 In all zones where paved off-street parking facilities for more than eight (8) vehicles are
provided, or required pursuant to the parking requirements set out in Section 5.1:
a) clearly marked driveways or aisles must be provided to permit adequate ingress
and egress from the parking area;
b) the number of driveways per lot shall be limited to one (1) two-way driveway per
lot frontage, except for lots with more than 75 metres of frontage where two (2)
two-way driveways are permitted provided there is a minimum 30 metres
between the centerline of such driveways as measured along the street.
c) The location of driveways shall be no closer than 15 metres from the limits of the
right-of-way at a street intersection.
d) The location of driveways shall be at least 3.0 metres from the side or rear lot line,
except where adjacent properties share a common driveway.
e) Driveways should meet the traveled portion of the street at 90° and in no case
shall be at an angle less than 75°.
f)
The width of a driveway or aisle within a parking area and leading from a parking
or loading area to a public street shall be a minimum width of 3.0 metres if for
one-way traffic, and a minimum width of 6.0 metres for two-way traffic.
g) The maximum width of a driveway shall be:
i.
in any Residential Zone, 5.0 metres for one-way traffic and 8.0 metres for
two-way traffic;
ii.
in any zone other than a Residential Zone, 5.0 metres for one-way traffic
and 9.0 metres for two-way traffic; and
iii.
in any zone other than a Residential Zone where a substantial portion of
traffic on the lot consists of highway tractors, the maximum width of
driveways may be increased to 7.0 metres for one way traffic and 12
metres for two-way traffic.
h) one additional driveway may be permitted that allows direct access to a loading
space provided that such driveway is not for public use and shall be signed as
such.
5.6
Parking of Commercial Motor Vehicles in Residential Zones
5.6.1 In any residential zone, no more than one commercial motor vehicle shall be parked or
stored on a lot, except:
a) In the case of a commercial motor vehicle capable of transporting less than nine
(9) persons or vehicles with a TARE weight less than 3,650 kg, of which not more
than two (2) such vehicles will be permitted.
5.6.2 In any residential zone, no commercial motor vehicles or tractor trailers with running
refrigeration systems shall be permitted to be parked or stored on a lot overnight.
Vehicle Controls
43
5.7
Front Yard Parking Restrictions in Residential Zones
5.7.1 Not more than 50% of the required front yard in Residential Zones may be used for parking /
driveway facilities.
5.8
Street Access Required
5.8.1 No development permit shall be issued where required parking does not have access to a
public street.
5.9
Vehicle Stacking for Through Uses
5.9.1 Businesses providing drive-through services including but not limited to banks, automatic
car-wash facilities, and restaurants, shall provide, exclusive of driveways or isles, stacking for
vehicle queuing in accordance with the following requirements:
a) 5 inbound spaces
b) 2 out-bound spaces
5.10
Parking for Persons with Disabilities
5.10.1 Parking for persons with disabilities shall be provided at a ratio of one barrier-free space per
100 automobile parking spaces if more than 25 spaces are provided, or as required by the
Building Code, whichever is greater.
5.11
Vehicle Bodies Not to be Used for Human Habitation
5.11.1 No truck, bus, boat, automobile coach or structure of any kind other than a mini home or
dwelling unit erected and used in accordance with this and all other bylaws of the Town shall
be used for human habitation within the Town, whether or not the same is mounted on
wheels.
44
Town of Amherst Land Use Bylaw
5.12
Downtown Zone Parking Standards
5.12.1 In the Downtown Zone, off-street parking facilities shall satisfy the following, and shall take
precedence over any conflicting parking requirement of this Bylaw:
a) On property that fronts on East Victoria Street, Church Street, or Havelock Street:
i.
No new off-street parking shall abut said streets.
ii.
Entries to rear-lot parking will be permitted (no more than 6.0 metres
wide) and single loaded parking on these entries will be permitted
provided that:
i.
The street abutting stall is separated by no less than 1.5 m of
landscaping between it and the sidewalk, where feasible.
ii.
The width of the entry road and parking stall does not exceed the
width of the building façade fronting on the street
b) In the Downtown Zone:
i.
parking shall be located between the street and the building;
ii.
where parking abuts a street, the parking frontage shall not exceed the
building frontage; and
iii.
for every space which fronts on the street, the developer shall install a 1.5
metres wide landscape bed and provide at least one 50 mm caliper street
tree. A 1.5 metres wide (minimum) impervious walkway must link the
parking to the sidewalk.
6 SIGNAGE
46
Town of Amherst Land Use Bylaw
6.1
General Provisions
6.1.1 Where this section is inconsistent with the regulations respecting advertising signs on or
near public highways made or administered by the Province of Nova Scotia Department of
Public Works, or successor body, the more restrictive regulations shall apply.
6.1.2 Unless otherwise indicated in this section, no sign shall be erected without first obtaining a
development permit from the Development Officer and no such permit shall be issued
unless all the provisions of this Bylaw are satisfied.
6.2
Maintenance
6.2.1 Every sign shall be kept in good repair and working order.
6.2.2 Every sign and all parts thereof, including framework, supports, background, anchors and
wiring systems shall be constructed and maintained in compliance with the building,
electrical, and fire prevention Bylaws.
6.2.3 If the business, service or other enterprise for which a sign is erected is no longer in
operation the sign shall be removed, by the owner, within 60 days of the date the operations
cease. Removal of a sign includes the support structure or apparatus to which it is attached.
6.2.4 Subsection 6.2.3 shall not apply to a seasonal enterprise that normally closes during part of
the year.
6.3
Signs Permitted in all Zones
6.3.1 Except where otherwise prohibited by Section 6.4, the following signs are permitted in all
zones and no development permit is required for their erection:
a) Signs not more than 0.2 m² in sign area, showing the civic number of a building;
b) signs of not more than 0.2 m² in sign area, showing the name of a resident or an
occupier;
c) "No trespassing" signs or other signs regulating the use of a lot, and of not more
than 0.2 m² in sign area, unless otherwise directed by a public authority;
d) real estate signs not exceeding 0.6 m² in sign area in a residential zone and 1.5 m²
in other zones, which advertise the sale, rental or lease of the premises;
e) signs regulating or denoting on-premises traffic, or parking, or other signs
denoting the direction or function of various parts of a building or premises,
provided that such signs are less than 0.5 m² in area;
f)
signs erected by a governmental body, or under the direction of such a body, such
as tourism-oriented signs, such as traffic signs, railroad crossing signs, safety signs,
signs identifying public institutions or public election lists or other public notices;
g) memorial signs or tablets, and signs denoting the history of a site or structure
provided that no such sign exceeds 0.5 m² in area;
h) the flag, pennant or insignia of any nation, province or state or of any religious,
charitable or fraternal organization;
Signage
47
i)
a sign having an area of not more than 10 m² incidental to construction and within
the area of such construction, and erected only during the period of construction;
j)
a sign painted on a window; and,
k) election signs.
6.4
Signs Prohibited in all Zones
6.4.1 The following signs are prohibited in all zones:
a) any sign or sign structure which constitutes a hazard to public safety or health;
b) signs which by reason of size, location, content, colouring or manner of
illumination obstruct the vision of drivers or obstruct or detract from the visibility
or effectiveness of any traffic sign or control device on public streets or roads;
c) any sign which obstructs free ingress to or egress from a fire escape door, window
or other required exit way;
d) signs not erected by a public authority which make use of words such as "STOP",
"LOOK", "ONE WAY", "DANGER", "YIELD", or any similar words, phrases, symbols,
lights or characters in such manner as to interfere with, mislead, or confuse traffic
along a public road;
e) signs on utility poles;
f)
signs, including election signs, located on a public lot or a public right-of-way
unless erected by a governmental body, or unless specially permitted by Council,
and except sandwich boards signs in the Downtown Zone;
g) signs painted on, attached to, or supported by a tree, stone, cliff or other natural
object
h) portable signs advertising a business not located on the same property as the sign.
6.5
Number of Signs
6.5.1 Notwithstanding anything else in this Bylaw, not more than three (3) signs may be erected
on any one lot at any one time.
6.5.2 A double-faced sign shall count as a single sign.
6.5.3 Signs permitted in all zones listed in Section 6.3 shall not be counted in calculating the total.
6.5.4 Not more than two (2) ground signs shall be permitted on any one lot except in the case of
the Highway Commercial Zone where not more than one (1) ground sign shall be permitted
for each 15 metres of frontage of the lot on which they are placed, but in no case shall the
total number of signs on the lot exceed three (3).
6.5.5 All facial signs on a building are counted as one (1) sign.
6.5.6 Not more than one (1) projecting wall sign shall be permitted for each business premise.
6.5.7 A sign painted on or displayed within a window shall not be included in the calculation of the
total number of signs on a premise.
48
Town of Amherst Land Use Bylaw
6.6
Signs in Residential Zones
6.6.1 Unless otherwise specified in this Bylaw, signage in a Residential Zone shall be subject to the
following requirements:
a) The maximum sign area shall be 0.6 m² per side in the case of a two-sided sign.
b) The maximum height of the sign shall be 1.5 m.
c) Facia signs shall not be located in excess of 3.0 m above the grade of the wall upon
which it is affixed.
d) The sign shall be set back a minimum of 1 m from any lot line.
e) Off-site signs are not permitted.
6.7
Off-site Signage
6.7.1 A development permit may be issued for the use of a sign which displays a business or a use
not located on the lot or premises subject to the following requirements:
a) An off-site sign counts towards the maximum number of signs permitted on the
lot where the sign is located.
b) The proposed signage must comply with all other applicable requirements of this
Bylaw respecting signage.
c) The off-site sign is not a portable sign.
6.8
Sponsorship Signage on Town Owned Recreational Lands
6.8.1 Sponsorship signage on Town owned recreational lands shall be exempt from the provisions
of this Bylaw, and no development permit is required. All approvals for sponsorship signage
on Town owned recreational lands shall be subject to relevant Town policies regarding such.
6.9
Sandwich Board Signs
6.9.1 In all zones except Residential Zones, sandwich board signs are permitted without a
development permit provided that:
a) such signs do not exceed 0.92 m in length and 0.61 m in width;
b) the number of such signs shall not exceed one (1) per business premise;
c) the sign does not obstruct pedestrian or vehicular traffic along any publicly owned
land such as a sidewalk or street right-of-way; and,
d) the sign does not occupy more than one third of the width of the available
sidewalk.
Signage
49
6.10
Ground Signs
6.10.1 In the Highway Commercial Zone and Business Park Zone, a ground sign shall not exceed 25
m² in sign area for each sign face.
6.10.2 In the Downtown Zone, a ground sign shall not exceed 10 m² in sign area for each sign face.
6.10.3 No ground sign shall project over any public property or space including a public park, street,
right-of-way, sidewalk, parking lot, loading space, or place of assembly.
6.10.4 All supporting apparatus of a ground sign shall have a minimum 2 m setback from any lot
line.
6.11
Projecting Wall Signs
6.11.1 A projecting wall sign shall not:
a) exceed 3.0 m² in sign area;
b) project more than 2.0 m from the wall upon which it is attached;
c) project over a corner sight triangle;
d) project above the eaves, parapet or roof line of a building;
e) be permitted to swing freely on its supports;
f)
be less than 3.0 m off the ground at its lowest point;
g) project over a public right-of-way, except in the Downtown Zone subject to the
following requirements:
i.
the sign or any portion of the sign structure shall not project into the
right-of-way a distance greater than 2/3 the width of the sidewalk; and
ii.
the sign requires a building permit issued in accordance with the Town of
Amherst Building Bylaw.
6.12
Facial Wall Signs
6.12.1 Facial wall signs shall:
a) not cover more than 0.6 m² per lineal metre of the wall on which the sign is affixed;
b) not extend more than 0.3 m beyond the wall to which it is affixed; and
c) not extend more than 0.3 m above the top of the wall upon which it is located.
6.13
Roof Signs
6.13.1 Roof signs shall:
a) not cover more than 0.6 m² per lineal metre of roof upon which the sign is affixed;
b) not extend more than 0.3 m beyond the roof to which it is affixed; and
c) not extent beyond the peak of the roof to which it is affixed.
50
Town of Amherst Land Use Bylaw
6.14
Sign Standards in the Downtown Zone
6.14.1 Signage within a Downtown Zone shall conform to the following, and shall take precedence
over any conflicting signage requirement of this Bylaw except those of Section 6.4:
a) A sign board for commercial signage or awnings is required above the ground floor
windows, and must be integrated into the architecture of the building.
b) Signs on the top storey are permitted provided they are no greater than 0.3 sq m
times the number of storeys (e.g. a 6 storey building can have 1.8 m2 sign).
c) New back-lit or internally illuminated signs are not permitted in the Downtown
Zone, except for backlight raised lettering only, where letters are greater than 200
mm high and no deeper than 150 mm, and electronic signs subject to the
provisions of Clause i).
d) Projecting signs are permitted and encouraged. Projecting signs can be no larger
than 3.0 m2 metres and have a minimum clearance of 2.7 m above grade.
e) Spot lights, gooseneck light fixtures and other decorative light fixtures are
permitted and encouraged for illuminating signs.
f)
Directory signs no larger than 2.5 m2 in area are permitted.
g) Other than sandwich board signs, portable, and free-standing reader board signs
are not permitted.
h) Signs that display a business, product, or use not located on the property or
premises where the sign is located are not permitted;
i)
Electronic signs are permitted as part of a freestanding, facia, or canopy sign
subject to the general provisions and the following performance standards:
i.
the message duration shall not be less than 10 seconds;
ii.
the message transition shall be instantaneous;
iii.
message transition shall not involve any visible effects including but not
limited to scrolling, fading, dissolving, intermittent or flashing light, or the
illusion of such effects;
iv.
the maximum brightness levels of the electronic sign shall be 5,000 nits
during daytime and 500 nits at nighttime;
v.
the sign shall use automatic dimming technology which automatically
adjusts the sign copy's brightness in direct correlation with ambient light
conditions;
vi.
the sign shall not be illuminated between the hours of 11:00 p.m. and
7:00 a.m. (Atlantic time) unless the business is open or in operation
during those hours;
vii.
the sign shall be turned off in the case of a malfunction; and,
viii.
in any case, no electronic sign in the Downtown Zone shall exceed 3 m² in
area.
7 RESIDENTIAL
52
Town of Amherst Land Use Bylaw
7.1
General Provisions for All Residential Zones
Home-based Business
7.1.1 A development permit shall be issued for a home-based business contained in a dwelling or
accessory building, provided that:
a) the dwelling is occupied as a residence by the user and the external appearance of
the dwelling is not changed by the home-based business;
b) there shall not be more than 2 assistants who are not residents in the dwelling
employed in the use;
c) not more than 25% of the total floor area of the dwelling or 50 m² whichever is
less, may be devoted to the home-based business;
i.
in calculating the total floor area of a dwelling where a home occupation
is being operated in an unfinished basement, attic, porch, sunroom, or
attached garage, the total floor area of the basement, attic, porch,
sunroom or attached garage shall be included in calculating the total floor
area of the dwelling.;
ii.
in the case of a home occupation operating in an accessory building, the
size of the home occupation shall not exceed 25% of the total floor area
of the dwelling combined with that of any accessory buildings involved;
d) one off-street parking space, in addition to that required for the dwelling, is
provided for every 25 m² of floor space occupied by the home-based business;
e) no outdoor storage or outdoor display shall be permitted;
f)
no retail sales of merchandise shall take place on the property, as an accessory to
the service being provided to customers already purchasing services on the
property, such as the sale of hairspray by a hairdresser or contact lenses by an
optometrist.
Bed and Breakfast - Special Requirements
7.1.2 In any Residential Zone, a development permit shall be issued for a bed and breakfast
establishment provided that:
a) such use is accessory to the main residential use occupied by a resident of the
property;
b) parking is located in the rear or side yard and complies with the requirements of
Section 5.1 of this Bylaw;
c) only breakfast is served solely for registered guests;
d) the bed and breakfast operation is the only accessory use on the lot; and
e) no addition or expansion is made to the footprint or bulk of the building, other
than modifications necessary to comply with fire safety standards.
Residential
53
Converted Dwellings - Special Requirements
7.1.3 In addition to all other regulations in this Bylaw, an existing structure in a Residential Zone
may be converted to an additional dwelling unit or units subject to the following special
requirements:
a) the total number of units in the building shall not exceed five (5) dwelling units;
b) the conversion is undertaken without addition or expansion to the footprint or
bulk of the building, except where modifications are necessary to comply with fire
safety standards;
c) the parking area requirements shall conform to Section 5.1 of this Bylaw;
d) the amenity space requirements in Section 7.1.4 shall apply; and
e) where any or all of the above criteria cannot be satisfied, the development may be
considered by Development Agreement in accordance with Policy 4-19 of the
Municipal Planning Strategy.
Amenity Space Requirements
7.1.4 In any zone, development of a dwelling containing three (3) or more units shall provide a
minimum 20 m² per unit of amenity space and subject to the following requirements:
a) Amenity space may include a combination of balconies, indoor recreation rooms,
saunas, sundecks, patios, tennis courts, swimming pools as well as any landscaped
open area with a finished grade of less than 8%.
b) Where a dwelling unit is provided with a balcony at least 6 m² in floor area, the 20
m² amenity space requirement shall be waived.
c) Amenity space shall not include any parking areas, hallways, foyers, utility rooms,
or laundry areas.
Special Requirement: Trees
7.1.5 A development permit issued for any multi-unit dwelling or townhouse project shall require
at least one live tree a minimum of 1.5 metres in height to be planted for every 50 square
metres of area in the front yard of the structure which is not occupied by a parking area.
7.1.6 Existing trees on the site which are not destroyed during the construction period may
replace some or all the trees required by this section.
7.1.7 New trees are required to be installed during the first planting season following the
commencement of construction, and to nursery standards.
54
Town of Amherst Land Use Bylaw
Special Requirement: Grouped Buildings
7.1.8 Wherever more than one multi-unit dwelling is located on a lot the minimum distance
between the dwellings shall be 6.0 metres.
7.1.9 Except where permitted in this Bylaw, a development permit shall not be issued for more
than one single detached dwelling on a single lot, or where there is an existing dwelling on
the same lot.
Yard and Garage Sales
7.1.10 Yard/garage sales may be undertaken on any lot, in any zone provided the sale is conducted
by an owner/resident of the subject site, or by a non-profit group, community association, or
other similar group or organization.
7.1.11 No more than six (6) yard/garage sales may be conducted from one lot in one calendar year,
and any one sale may not last more than three (3) consecutive days.
Front Yard Setback and Orientation
7.1.12 The main wall of a new primary building shall be set back from the street a distance no
greater than the average front yard setback of neighbouring properties on the same block.
7.1.13 Encroachments are permitted within the required setback in accordance with Subsection
4.20 of this bylaw.
7.1.14 New main buildings shall be sited so that the façade is parallel to the street it faces.
Corner Lots
7.1.15 Blank building facades are not permitted along any street frontage. All facades shall be
treated with the same quality of materials and similar architectural detailing. Elements such
as corner and side windows, wrap-around verandas or decks, bay windows, turrets, areas of
decorative brick, or other interesting architectural element shall be incorporated.
Residential
55
Accessory Dwelling - Special Requirements
7.1.16 Accessory dwellings shall be subject to the following special requirements in addition to all
other applicable regulations in this Bylaw:
a) Only one (1) accessory dwelling shall be permitted on a lot.
b) If the accessory dwelling is located in a building separate from the main dwelling:
i.
the accessory dwelling shall be subject to the height requirements for
accessory buildings;
ii.
notwithstanding side yard requirements for accessory buildings, the
accessory dwelling shall be located at least 1.2 metres from side lot lines;
iii.
notwithstanding rear yard requirements for accessory buildings, the
accessory dwelling shall be located at least 3.0 metres from the rear lot
line;
iv.
the total maximum lot coverage shall be 50%; and
v.
the accessory dwelling shall not be permitted to be subdivided from the
main building on the lot.
c) An accessory dwelling shall not be considered a separate main dwelling but shall
have its own entrance separate from the main dwelling.
d) An accessory dwelling shall not be counted towards the lot's dwelling unit total.
e) The gross floor area of the accessory dwelling shall not exceed 80.0 square
metres.
56
Town of Amherst Land Use Bylaw
7.2
General Residential Zone
General Residential Zone Uses Permitted
7.2.1 In the General Residential Zone, the following uses shall be permitted:
a) Accessory Dwellings
b) Bed and Breakfast Establishments
c) Boarding Houses up to 6 sleeping units
d) Converted Dwellings (subject to Subsection 7.1.3)
e) Double Dwellings
f)
Home Based Business
g) Multi-unit Dwelling up to 6 units
h) Nursing Homes and Homes for Special Care with up to 6 beds or sleeping units
i)
Parks, Open Spaces, and Public Trails
j)
Residential Day Care Centres
k) Single Detached Dwellings
l)
Supportive Housing with up to 6 beds or sleeping units
m) Townhouses up to 6 units
Permitted Uses by Site Plan Approval
7.2.2 In the General Residential Zone, the following uses shall be permitted by site plan approval:
a) Boarding Houses with 7 to 12 sleeping units
b) Grouped Dwellings with up to 5 dwelling units
c) Multi-unit Dwelling with 7 to 12 dwelling units
d) Nursing Homes and Homes for Special Care with 7 to 12 beds or sleeping units
e) Supportive Housing with 7 to 12 beds or sleeping units
f)
Townhouses with 7 to 12 dwelling units
Uses Considered by Development Agreement
7.2.3 In the General Residential Zone, an application for the following uses shall be considered by
development agreement in accordance with the applicable Municipal Planning Strategy
(MPS) Policy:
g) A restaurant as part of bed and breakfast establishments, in accordance with
Policy 4-20 of the MPS.
Residential
57
h) Boarding houses with 13 or more sleeping units, in accordance with Policy 4-19 of
the MPS.
i)
Nursing Homes and Homes for Special Care with 13 or more beds or sleeping
units, in accordance with Policy 5-7 of the MPS.
j)
Multi-unit dwellings with 13 or more dwelling units, in accordance with Policy 4-19
of the MPS.
k) Multi-unit dwellings with between 4 and 12 units where the minimum
requirements in Subsection 7.2.4 cannot be met, in accordance with Policy 4-19 of
the MPS.
l)
Supportive Housing with 13 or more beds or sleeping units, in accordance with
Policy 5-7 of the MPS.
Zone Requirements
7.2.4 In the General Residential Zone, all development permits shall be issued in conformity with
the following requirements:
Single Detached Dwelling
Minimum lot area
450 m²
Minimum lot frontage
15 m
Minimum front yard
6 m
Minimum rear yard
6 m
Minimum side yard
One side
1.3 m
Other side
3 m
Minimum flanking yard
6 m
Maximum height
11 m
Other Dwellings
Minimum lot area
Multi-unit Dwellings 3-6 Units
200 m² per unit
Multi-unit Dwellings 7-12 Units
1200 m2 + (50 m2
per unit)
Townhouse
300 m² per unit
Converted/Duplex/Semi-Detached/Other
560 m²
Minimum lot frontage
Multi-unit Dwellings
20m
Townhouse
6 m per unit
Converted/Duplex/Semi-Detached/Other
18 m
Minimum front yard
Townhouse
10 m
All Other Types
6 m
Minimum rear yard
All Types
6 m
Minimum side yard
Multi-unit Dwellings
One side 2 m
Other side 3 m
Townhouse
Common Wall 0 m
Outside Wall 3 m
Minimum flanking yard
4 m
Maximum height
12 m
Maximum Lot Coverage
All Types
35%
58
Town of Amherst Land Use Bylaw
7.3
Land Lease Community Zone
Land Lease Community Zone Uses Permitted
7.3.1 The following use shall be permitted in the Land Lease Community Zone:
a) all uses permitted in the General Residential Zone, subject to General Residential
Zone regulations;
b) Mobile Homes
c) Land Leased Communities
d) Multiple Section Mini Homes - see Mini Homes
Accessory Uses Permitted
7.3.2 Accessory uses are permitted in the Land Lease Community Zone provided that the
accessory use does not exceed 35 m² of floor as per mini home rental pad or space.
Conformance with Land Lease Community Bylaw
7.3.3 Notwithstanding anything in this Bylaw, any development permit issued in the Land Lease
Community Zone shall satisfy all relevant provisions of the Land Lease Community Bylaw.
8 COMMERCIAL ZONES
60
Town of Amherst Land Use Bylaw
8.1
General Provisions for Commercial Zones
Residential Uses in Commercial Zones
8.1.1 In any Commercial Zone, any development permit for a residential use shall satisfy all
applicable Residential standards in this Bylaw.
Special Requirements for Motor vehicle Fueling Stations
8.1.2 In any Commercial Zone, a development permit for a motor vehicle fueling station shall be
issued, provided that:
a) the use is listed as permitted in the zone;
b) no portion of any pump island shall be located closer than 6 m to any street line;
and
c) the lot frontage is at least 50 metres.
Outdoor Retail Display on Public Sidewalks
8.1.3 No development permit shall be issued for outdoor retail display on a public sidewalk unless:
a) the retail display is located in the Downtown Zone;
b) the retail display is only set up during the hours of operation for the associated
business.;
c) the retail display is only set between May 1st and October 31st, inclusive; and
d) the retail display is limited to the sidewalk directly abutting the associated
business.
Cannabis Related Uses
8.1.4 Notwithstanding any other provision in this Bylaw, cannabis retail sales and cannabis lounges
are only permitted if such facilities are operated by the Nova Scotia Liquor Corporation
(NSLC) or successor body.
Multiple Main Buildings
8.1.5 In any Commercial Zone, multiple main buildings shall be permitted on a lot, subject to all
other applicable requirements of this Bylaw.
Commercial Zones
61
8.2
Highway Commercial Zone
Zone Uses Permitted
8.2.1 The following uses shall be permitted in the Highway Commercial Zone:
a) Animal Hospital and Veterinary Establishments
b) Banks and Financial Institutions
c) Business and Professional Offices
d) Cannabis Lounges and Cannabis Retail Sales subject to Subsection 8.1.4
e) Commercial Recreation Centres
f)
Commercial Schools
g) Community Centres
h) Display Courts
i)
Funeral Homes
j)
Garden and Nursery Sales & Supplies
k) Hotels and Motels
l)
Industrial & Agricultural uses existing as of the date of adoption of this Bylaw
m) Institutional Uses (schools, government offices, churches, police stations, similar
uses.)
n) Licensed liquor establishments
o) Light manufacturing
p) Medical Clinics
q) Motor Vehicle Fueling Stations
r) Motor Vehicle Sales, Rental, and Repair
s) Outdoor Retail Display
t) Religious Institutions
u) Parking lots and Parking Structures
v) Photography Studios
w) Printing Establishments
x) Private Clubs and Fraternal Organizations
y) Propane Refill Stations
z) Residential uses, except single detached dwellings, subject to General Residential
Zone Standards and Subsection 8.1.1
aa) Restaurants, Take-Outs, drive throughs
bb) Retail Stores
62
Town of Amherst Land Use Bylaw
cc) Self Storage Facilities
dd) Service and Personal Service Shops
ee) Taxi, Bus and Train Stations
Permitted Uses by Site Plan Approval
8.2.2 In the Highway Commercial Zone, multi-unit dwellings and townhouses with more than 12
dwelling units that are located 200 metres or more from any other zone except the Industrial
Zone shall be permitted by site plan approval and shall not be subject to minimum lot area,
coverage, and height requirements.
Highway Commercial Zone Requirements
8.2.3 In the Highway Commercial Zone, all development permits shall be issued in conformity with
the following requirements:
Minimum lot area
1000 m²
Minimum lot frontage
60 m
Minimum front yard
8 m
Minimum rear yard
3 m
Minimum rear yard where adjacent to a
residential zone
8 m
Minimum side yard
3 m
Maximum height
22 m
Landscaping Requirements
8.2.4 In the Highway Commercial Zone, any development permit for a new building shall satisfy
the following landscaping requirements:
a) One live tree at least 1.5 m in height shall be planted every 50 m² of area in the
front and flanking yards, where not occupied by parking area.
b) All developments greater than 900 m² in area shall provide a minimum of 6 m of
landscaped open space along the entire street frontage, minus driveways.
c) Any development fronting on Robert Angus Drive between Church Street and
South Albion Street shall provide a minimum of 6 metres of landscaped open
space along the entire street frontage, minus driveways.
Commercial Zones
63
8.3
Downtown Zone
Downtown Zone Permitted Uses
8.3.1 The following uses shall be permitted in the Downtown Commercial Zone:
a) Banks and Financial Institutions
b) Business and Professional Offices
c) Cannabis Lounges and Cannabis Retail Sales subject to Subsection 8.1.4
d) Commercial Recreation Centres
e) Commercial Schools
f)
Community Centres
g) Funeral Homes
h) Garden and Nursery Sales & Supplies
i)
Hotels and Motels
j)
Industrial uses existing as of the date of adoption of this bylaw
k) Institutional Uses, (schools, government offices, churches, police stations, similar
uses.)
l)
Licensed liquor establishments
m) Light manufacturing
n) Medical Clinics
o) Motor Vehicle Fueling Stations subject to Subsections 8.1.2 and 8.3.6
p) Motor Vehicle Sales, Rental, and Repair subject to Subsection 8.3.6
q) Outdoor Retail Display
r) Parking lots and Parking Structures
s) Photography Studios
t) Printing Establishments
u) Private Clubs and Fraternal Organizations
v) Religious Institutions
w) Residential uses above the ground floor, subject to Subsection 8.3.10
x) Restaurants, or Take-Outs, Cabarets
y) Retail Stores
z) Self Storage Facilities subject to Subsection 8.3.6
aa) Service and Personal Service Shops
bb) Taxi, Bus and Train Stations
64
Town of Amherst Land Use Bylaw
Uses Considered by Development Agreement
8.3.2 In the Downtown Zone, a development permit application for the following uses shall be
considered by development agreement in accordance with the applicable Municipal
Planning Strategy (MPS) Policies:
a) Where the new development will have a ground floor area in excess of 1,500 m²,
in accordance with Policy 4-37 of the MPS.
b) Ground floor residential uses, in accordance with MPS Policy 4-38.
Zone Requirements
8.3.3 In the Downtown Zone, all development permits shall be issued in conformity with the
following requirements:
Minimum lot area
200 m²
Minimum lot frontage
6 m
Minimum front yard
none
Minimum rear yard
none
Minimum side yard
none
Maximum height
22 m
Principal Streets in the Downtown Zone
8.3.4 In the Downtown Zone, properties located deemed to be located on a principal street shall
include:
a) East Victoria Street
b) Church Street
c) Havelock Street
d) Electric Street
e) King Street
f)
Ratchford Street
8.3.5 Where a property has frontage on more than one street, the principal street is considered
the front of the property. Where a property has frontage on more than one principal street,
East Victoria will be considered the front of the property.
Commercial Zones
65
Vehicular Oriented Uses on Principal Streets
8.3.6 In the Downtown Zone, the following uses shall not be permitted on properties fronting on a
Principal Street, as listed in Subsection 8.3.4:
a) Motor Vehicle Fueling Stations
b) Motor Vehicle Sales, Rental, or Repair
c) Car Washes
d) Drive-thru's
e) Self Storage Facilities
Parking
8.3.7 In the Downtown Zone, parking shall conform to Part 5 of this Bylaw, and shall:
a) not be increased where it abuts East Victoria Street, Church Street, and Havelock
Street;
b) be designed and configured so as to minimize its visual dominance from the
street;
c) not be located between the building and the street; and,
d) include a landscaped strip with a minimum width of 1.5 metres where parking
facilities abut a street;
Building Materials
8.3.8 In the Downtown Zone no building except residential dwellings located on Prince Arthur,
Maple Street, or Crescent Street, shall have vinyl or aluminum cladding along any wall that
abuts or otherwise fronts on a street.
66
Town of Amherst Land Use Bylaw
Commercial Requirements
8.3.9 In the Downtown Zone, except Institutional uses, all non-residential uses within new
developments and additions to existing buildings that constitute a 10% or more increase in
building footprint, shall satisfy the following requirements:
a) a minimum ground floor ceiling height of 3.2 metres;
b) a public entrance located on the principal street frontage or the building wall
closest the street, or at the corner in the case of a corner lot;
c) windows that occupy no less than 50% of any street fronting wall below the
second floor;
d) clear windows and doors with at least 88% light transparency and no reflective or
tinting treatment on the ground floor;
e) an awning, overhang, or weather-protecting structure over all public entry ways;
f)
buildings with frontage greater than 12 meters shall be broken down into
horizontal compartments with a distinct change in vertical architectural
articulation using at least one of the following: different materials, projections,
bays, roof changes, or colours.
g) building setbacks shall align with the established front and flanking yard setbacks
along any street frontage. Where no established setback exists a maximum front
and flanking yard setback of 1.0 metres for at least 60% of the building wall is
required;
h) areas for signage shall be incorporated in the initial building design; and
i)
mechanical or communication appurtenances larger than 0.5 square meters shall
not be visible from the street.
Commercial Zones
67
Residential Uses
8.3.10 In the Downtown Zone, residential requirements shall be subject to the relevant sections of
this Bylaw, and the following requirements:
a) upper floor conversions of non-residential uses to a residential use shall be
permitted, subject to the existing building envelop not increasing by more than
30%;
b) detached single and double dwellings are not permitted;
c) ground floor residential uses may be permitted for developments containing
twenty (20) or more dwelling units on Principal Streets, subject to MPS Policy 4-
38;
d) on any Principal Street, the first 12.2 metres (40 feet) of building ground floor
area, measured at 90 degrees from the property line abutting any principal street,
or the front of the building facing the street in cases where the front of the
building is not located directly on the front property line, shall be restricted to
non-residential uses otherwise permitted in the zone;
e) new residential buildings shall be no less than 2 stories;
f)
buildings shall align with the front and flanking yard setbacks established by
existing buildings on the same block.
g) primary entries to multi-unit buildings shall front on a street;
h) the primary entry shall be a highly visible architectural feature incorporating
elements such as awnings, roof overhangs, lighting, double doors, glazing and/or
distinct architectural materials;
i)
buildings with multiple stories shall have an architecturally distinct base, middle,
and top;
j)
mechanical or communication appurtenances larger than 0.50 square meters shall
not be visible from the street;
k) all patios shall be recessed into the building at least 1.5 meters, with no patio
extending more than 2.0 meters beyond the outer building wall; and,
l)
buildings with frontage greater than 12 meters shall be broken down into
horizontal compartments with a distinct change in vertical architectural
articulation using at least one of the following: different materials, projections,
bays, roof changes, or colours.
68
Town of Amherst Land Use Bylaw
8.4
Mixed Use Zone
Mixed Use Zone Uses Permitted
8.4.1 The following uses shall be permitted in the Mixed-Use Zone:
a) Animal Hospital and Veterinary Establishments
b) Banks and Financial Institutions
c) Business and Professional Offices
d) Cannabis Lounges and Cannabis Retail Sales subject to Subsection 8.1.4
e) Commercial Recreation Centres
f)
Commercial Schools
g) Community Centres
h) Display Courts
i)
Funeral Homes
j)
Garden and Nursery Sales & Supplies
k) Hotels and Motels
l)
Industrial
m) Institutional Uses
n) Licensed liquor establishments
o) Light manufacturing
p) Medical Clinics
q) Motor Vehicle Sales, Rental, and Repair
r) Outdoor Retail Display
s) Religious Institutions
t) Parking lots and Parking Structures
u) Photography Studios
v) Printing Establishments
w) Private Clubs and Fraternal Organizations
x) Residential uses, subject to General Residential Zone Standards
y) Restaurants, Take-Outs, drive throughs
z) Retail Stores
aa) Self Storage Facilities
bb) Service and Personal Service Shops
cc) Taxi, Bus and Train Stations
Commercial Zones
69
Mixed Use Zone Requirements
8.4.2 In the Mixed Use Zone, all development permits shall be issued in conformity with the
following requirements:
Minimum lot area
200 m²
Minimum lot frontage
6 m
Minimum lot frontage
6 m or average of established font yard
Minimum rear yard
6 m
Minimum side yard
1.2 m, or 6 m where immediately
adjacent to a Residential Zone
Maximum height
22 m
Landscaping Requirements
8.4.3 In the Mixed Use Zone, any development permit for a new building shall satisfy the following
landscaping requirements:
a) All developments greater than 900 m² in area shall provide a minimum of 6 m of
landscaped open space along the entire street frontage, minus driveways.
b) Any development fronting on Albion Street shall provide a minimum of 6 metres
of landscaped open space along the entire street frontage, minus driveways.
c) A continuous landscaped buffer through the use of plant material, fencing, and
the like, shall be required where the zone abuts a residential designation.
70
Town of Amherst Land Use Bylaw
8.5
Neighbourhood Commercial Zone
Neighbourhood Commercial Zone Uses Permitted
8.5.1 The following uses shall be permitted in the Neighbourhood Commercial Zone:
a) Any uses permitted in the General Residential Zone, subject to the General
Residential Zone standards.
b) Restaurants and take-out restaurants up to a maximum of 50 m² in seating area
c) Retail stores and accessory residential uses
Neighbourhood Commercial Zone Requirements
8.5.2 In the Neighbourhood Commercial Zone, all development permits shall be issued in
conformity with the following requirements:
Minimum lot area
500 m²
Minimum lot frontage
15 m
Minimum front yard
6 m
Minimum rear yard
6 m
Minimum side yard
3 m
Maximum height
11m
Maximum Floor Area
8.5.3 In the Neighbourhood Commercial Zone, not more than 100 m² of floor area may be
devoted to commercial purposes. For the purpose of this Subsection, commercial purposes
shall exclude any furnace room, utility rooms, and washrooms. In addition, storage space not
exceeding twenty percent (20%) of the total floor area of the building shall be excluded.
Directional Parking Signs
8.5.4 Where parking in a Neighbourhood Commercial Zone is provided in any rear or side yard, a
directional parking sign shall be provided.
Commercial Zones
71
8.6
Business Park Zone
Business Park Zone Uses Permitted
8.6.1 The following uses shall be permitted in the Business Park Zone:
a) Animal Hospital and Veterinary Establishments
b) Business and Professional Offices
c) Cannabis Production Facility, subject to Subsection 8.6.5
d) Commercial Schools
e) Community Centres
f)
Distribution
g) Heavy Equipment Sales
h) Hotels and Motels
i)
Light Manufacturing
j)
Microbrewery
k) Motor Vehicle Fueling Stations/Service Stations
l)
Motor Vehicle Sales, Rental, and Repair, excluding Salvage Facilities
m) Multi-unit Dwelling with 40 or more dwelling units
n) Outdoor Retail Display incidental to a main use
o) Retail Store
p) Warehouse and Self Storage
Business Park Zone Requirements
8.6.2 In the Business Park Zone, all development permits shall be issued in conformity with the
following requirements:
Minimum lot area
1000 m²
Minimum lot frontage
40 m
Minimum front yard
6 m
Minimum rear yard
3 m
Minimum rear yard where adjacent to a
residential zone
8 m
Minimum side yard
3 m
Maximum height
22 m
72
Town of Amherst Land Use Bylaw
Mixed-use Buildings
8.6.3 In the Business Park Zone, a main building that contains a multi-unit dwelling along with any
other use permitted in this zone shall meet the following requirements:
a) The floor area of the ground floor of the multi-unit dwelling shall not exceed the
floor area of the ground floor of the non-residential use(s).
b) Entrance(s) to the multi-unit dwelling shall be separate from the entrances for
other uses.
c) The multi-unit dwelling use shall not occupy more than 20% of the building width
or 2.0 metres, whichever is larger, of the front façade of the building on the
ground floor.
Landscaping Requirements
8.6.4 In the Business Park Zone, any development permit for a new building shall satisfy the
following landscaping requirements:
a) One live tree at least 1.5 metres in height shall be planted for every 50 m² of area
in the front and flanking yards, where not occupied by parking area.
b) All developments shall provide a minimum of 6 metres of landscaped open space
along the entire street frontage, minus driveways.
Cannabis Production Facilities
8.6.5 Cannabis production facilities in the Business Park Zone, including any building or outdoor
area used as a cannabis production facility, shall be set back a minimum 70.0 metres (230
feet) from any lot line abutting:
a) lands zoned or used for residential purposes; and
b) lands used for a daycare, community centre, school, religious institution, public
park or playground.
9 INDUSTRIAL ZONE
74
Town of Amherst Land Use Bylaw
9.1
Industrial Zone
Permitted Uses
9.1.1 The following uses shall be permitted in the Industrial Zone:
a) Any activity connected with the automotive trade, excluding salvage yards
b) Any manufacturing, industrial, assembly or warehousing operation
c) Boat and Marine Supplies and Sales
d) Building supply and equipment depots including the bulk storage of sand or gravel
e) Cannabis Production Facility, subject to Subsection 9.1.7
f)
Railway uses
g) Recycling Collection and Storage Facilities, excluding salvage yards
h) Retail and office uses incidental to the main industrial use
Uses Considered by Development Agreement
9.1.2 In the Industrial Zone, a development permit application for the following uses shall be
considered by development agreement in accordance with the applicable Municipal
Planning Strategy (MPS) Policies:
a) Commercial solar collectors, in accordance with Policy 5-39 of the MPS.
Industrial Zone Requirements
9.1.3 In the Industrial Zone, all development permits shall be issued in conformity with the
following requirements:
Minimum lot area
1000 m²
Minimum lot frontage
40 m
Minimum front yard
6 m
Minimum rear yard
6 m
Minimum side yard
3 m, or 20 m where
abutting a Residential Zone
Maximum height
Unlimited
Outdoor Storage and Display
9.1.4 In the Industrial Zone, no outdoor storage or display shall be permitted in the front yard or in
a required yard abutting a Residential Zone.
Industrial Zone
75
Motor Vehicle Fueling Stations
9.1.5 Automobile Fueling Stations in the Industrial Zone shall be subject to the requirements for
such uses in the Highway Commercial Zone.
Services Required
9.1.6 No development permit shall be issued for a use involving buildings containing plumbing
fixtures in an Industrial (I) Zone in areas not served with municipally approved piped water
and sanitary sewer service.
Cannabis Production Facilities
9.1.7 Cannabis production facilities in the Industrial Zone, including any building or outdoor area
used as a cannabis production facility, shall be set back a minimum 70.0 metres (230 feet)
from any lot line abutting:
a) lands zoned or used for residential purposes; and
b) lands used for a daycare, community centre, school, religious institution, public
park or playground.
76
Town of Amherst Land Use Bylaw
10 SPECIAL USE ZONES
78
Town of Amherst Land Use Bylaw
10.1
Institutional Zone
Institutional Zone Uses Permitted
10.1.1 The following uses shall be permitted in the Institutional Zone:
a) Any use permitted in an Open Space Zone
b) Community centres
c) Funeral homes
d) Group care facilities
e) Libraries, Museums and Art Galleries
f)
Non-residential day care centres
g) Public buildings
h) Recreational Uses
i)
Religious institutions
j)
Schools
Institutional Zone Requirements
10.1.2 Any development permit in the Institutional Zone shall satisfy the following requirements:
Minimum lot area
1000 m²
Minimum lot frontage
20 m
Minimum front yard
8 m
Minimum rear yard
8 m
Minimum side yard
4 m or half the height of the building,
whichever is greater
Maximum height
15 m
Landscaping Required
10.1.3 In the Institutional Zone, all areas not occupied by buildings, structures, parking areas or
loading areas shall be landscaped and a minimum of one tree at least 1.5 m in height shall be
planted or retained for every 50 m² of landscaped area.
Special Use Zones
79
Accessory Uses in the Institutional Zone
10.1.4 In the Institutional Zone, the occasional rental of the property to a third party is permitted
for the following uses for a period up to five (5) consecutive days.
a) Bingos
b) Meetings
c) Dances
d) Beer gardens
e) Dinners
f)
Festivals and fairs
g) Concerts
h) Trade shows
i)
Private parties
j)
Retail activities
80
Town of Amherst Land Use Bylaw
10.2
Comprehensive Development District (CDD) Zone
CDD Uses Permitted
10.2.1 No development permit shall be issued for a development in the CDD Zone except in
accordance with a development agreement executed under Policy 4-59 of the Municipal
Planning Strategy.
Special Use Zones
81
10.3
Open Spaces Zone
Open Space Zone Uses Permitted
10.3.1 Only the following uses shall be permitted in the Open Space Zone:
a) Buildings and Structures Accessory to the foregoing including canteens and related
amenities
b) Cemeteries
c) Pavilions, Band Shells
d) Public and Private Parks, Playgrounds, and public trails
e) Sports fields
Open Space Zone Requirements
10.3.2 A development permit issued in an Open Space Zone shall have a minimum setback of 10 m
from any lot line.
Trails and Conversation Uses
10.3.3 Notwithstanding zone requirements, trails and conservation uses shall:
a) have no minimum lot area; and
b) have no minimum lot frontage.
Parks and Playgrounds
10.3.4 Notwithstanding zone requirements, parks and playgrounds shall:
a) have no minimum lot area; and
b) have a minimum lot frontage of 6.0 metres
82
Town of Amherst Land Use Bylaw
10.4
Flood Plain Zone
Flood Plain Zone Uses Permitted
10.4.1 The following uses shall be permitted in a Flood Plain Zone:
a) Parks and recreational uses involving no buildings
b) Trails and Conservation Uses, without buildings
c) Existing residential uses and associated accessory uses located at the following
lots
i.
PID# 25030636
ii.
PID# 25017591
iii.
PID# 25017609
Special Requirements for Existing Buildings
10.4.2 Any building or structure existing at the effective date of this Bylaw, and lying within the
Flood Plain Zone may be repaired, reconstructed, expanded, or relocated providing that:
a) any such work does not reduce the existing distance between Dickey Brook and
the said existing building or structure; and
b) all other applicable provisions of this Bylaw are satisfied.
Special Requirements for Accessory Structures
10.4.3 A structure accessory to an existing use may be erected in a Flood Plain Zone if located no
closer to Dickey Brook than any existing main or accessory buildings on the lot.
11 SCHEDULES
84
Town of Amherst Land Use Bylaw
Schedule A -- Zoning Map
Schedules
85
Schedule B - List of Amendments to the Land Use Bylaw
Bylaw #
Effective Date
Location
Type
*the description is not specific, please refer to document for details