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LAND USE BY-LAW
HALIFAX
MAINLAND
Halifax Regional Municipality
LAND USE BY-LAW
MAINLAND AREA
(Edition 228)
THIS COPY IS A
REPRINT OF THE
LAND USE BY-LAW
WITH AMENDMENTS TO
JUNE 13, 2024
LAND USE BY-LAW
FOR
HALIFAX MAINLAND
THIS IS TO CERTIFY that this is a true copy of the Land
Use By-law for Halifax Mainland which was passed by a majority vote
of the former City Council at duly called meetings held on March 30,
1978 and May 11, 1978, and approved by the Minister of Municipal
Affairs on August 11, 1978, which includes all amendments thereto
which have been adopted by the Halifax Regional Municipality and are
in effect as of the 13th day of June, 2024.
GIVEN UNDER THE HAND of the Municipal Clerk and
under the seal of Halifax Regional Municipality this ____ day of
____________________________, 20____.
___________________________
Municipal Clerk
The Halifax Regional Municipality, its Officers, and Employees, accept no responsibility for
the accuracy of the information contained in this (By-law, Plan, etc.)
Please note that HRM at its meeting on May 9, 2000, approved a motion to insert the following
notation in the Land Use By-laws as follows:
The provisions of the zones described in this by-law do not apply to property owned or occupied
by Her Majesty the Queen in the right of the Province of Nova Scotia or Canada in respect of a
use of the property made by the Crown. Where privately owned or occupied property is to be
used for a federally regulated activity, the federal jurisdiction may, depending on the particular
circumstances, override the requirements of this by-law.
Table of Contents
ADMINISTRATION ..................................................................................................................... 1
APPLICATION.............................................................................................................................. 1
DEFINITIONS ............................................................................................................................... 1
GENERAL PROVISIONS .......................................................................................................... 16
GENERAL PROHIBITION ........................................................................................... 16
OTHER PERMITS REQUIRED ................................................................................... 16
LOT TO ABUT ON A STREET ..................................................................................... 16
ONE BUILDING PER LOT ........................................................................................... 16
MULTIPLE BUILDINGS PER LOT PERMITTED ................................................... 17
STORAGE OF LUMBER, ETC. .................................................................................... 17
PARKING ......................................................................................................................... 17
DAY CARE FACILITY - SPECIAL CARE HOME PARKING ................................ 19
13AA
BICYCLE PARKING FACILITIES (RC-Jun 25/14;E-Oct 18/14) .............. 20
13AB
LOCATION OF BICYCLE PARKING (RC-Jun 25/14;E-Oct 18/14) ......... 21
13AC
SPECIAL BICYCLE PARKING FACILITY REQUIREMENTS (RC-Jun
25/14;E-Oct 18/14) ............................................................................................................ 21
OFF STREET LOADING SPACE ................................................................................. 22
WATER/SEWER EXCEPTIONS .................................................................................. 22
HOME OCCUPATIONS ................................................................................................ 22
ACCESSORY HEN USE (RC- Oct 05/21; E-Jan 08/22) .............................................. 24
Accessory Buildings (RC-May 23/24;E-Jun 13/24) ....................................................... 25
REDUCED LOT SIZE .................................................................................................... 25
BILLBOARDS NOT A BUILDING ............................................................................... 25
14DA
GENERAL SIGN PROVISIONS (RC-Sep 26/06;E-Nov 18/06) .................... 26
SIGN PERMIT ................................................................................................... 26
EXCEPTIONS.................................................................................................... 26
LIGHTED SIGNS .............................................................................................. 27
PROFESSIONAL DESIGN .............................................................................. 27
CONDITIONS .................................................................................................... 27
ENCROACHMENT LICENSE ........................................................................ 27
SIGNS ON BUILDINGS ................................................................................... 28
ILLUMINATED SIGNS ................................................................................... 28
TEMPORARY SIGNAGE ................................................................................ 28
NON-CONFORMING RESIDENTIAL USES - FAIRVIEW AREA ......................... 28
UNDERSIZED LOTS (RC-May 23/24;E-Jun 13/24) ................................................... 29
REPAIRS TO NON-CONFORMING USES ................................................................ 29
ADDITIONS TO A STRUCTURE CONTAINING A NON-CONFORMING USE . 30
BOATS, TRAILERS, CAMPERS .................................................................................. 30
SUBDIVISION OF MULTIPLE, OR ENCROACHING BUILDINGS ..................... 31
EXISTING SEMI-DETACHED DWELLINGS ........................................................... 31
DESTRUCTION BY FIRE OR OTHERWISE ............................................................ 31
SETBACKS IN FLOOD PLAIN .................................................................................... 32
14QA(1) WATERCOURSE SETBACKS AND BUFFERS (RC-Jun 25/14;E-Oct
18/14)
32
14QB
COASTAL AREAS (RC-Jun 25/14;E-Oct 18/14) ........................................... 33
14R
SHIPPING CONTAINERS .............................................................................. 34
14S
ZM-22: AREAS OF ELEVATED ARCHAEOLOGICAL POTENTIAL
(RC-Jun 25/14;E-Oct 18/14) ............................................................................................ 34
14T
ZM-2: WETLANDS (RC-Jun 25/14;E-Oct 18/14).......................................... 34
DEVELOPMENT AND SUBDIVISION ON THE NORTHWEST ARM AND THE
WESTERN SHORE OF THE BEDFORD BASIN (RC-Jan 11/11;E-Mar 12/11) ..... 35
14V
TEMPORARY CONSTRUCTION USES PERMITTED (RC-Jan 20/09;E-
Feb 7/09) ............................................................................................................................ 37
14W
WIND ENERGY FACILITIES (RC-Jun 25/14;E-Oct 18/14) ....................... 38
14X
PUBLIC TRANSIT FACILITIES (RC-Jun 25/14;E-Oct 18/14) .................. 42
14Y
CANNABIS-RELATED USES (RC-Sep 18/18;E-Nov 3/18) ......................... 42
14YA
DEVELOPMENT PERMIT EXEMPTIONS (RC- Oct 05/21; E-Jan 08/22)
43
14YB
SHORT-TERM RENTALS (RC-Feb 21/23;E-Sep 1/23) ............................... 43
ZONING MAPS ........................................................................................................................... 44
ZONES .......................................................................................................................................... 44
R-1 ZONE:
SINGLE FAMILY DWELLING ZONE ......................................................... 47
SCHEDULE A .............................................................................................................................. 52
R-2 ZONE:
TWO-FAMILY DWELLING ZONE .............................................................. 53
R-2P ZONE:
GENERAL RESIDENTIAL ZONE.............................................................. 57
R-2T ZONE:
TOWNHOUSE ZONE ................................................................................... 59
R-2TA ZONE: DUTCH VILLAGE ROAD TOWNHOUSE ZONE (RC-Oct 4/16;E-Nov
26/16)
61
R-2AM ZONE: GENERAL RESIDENTIAL CONVERSION ZONE ................................ 65
R-3 ZONE:
GENERAL RESIDENTIAL AND LOW-RISE APARTMENT ................... 68
R-4 ZONE:
MULTIPLE DWELLING ZONE .................................................................... 74
R-4A ZONE:
DUTCH VILLAGE ROAD MULTI UNIT ZONE (RC-Oct 4/16;E-Nov
26/16)
79
RC-1 ZONE:
NEIGHBOURHOOD COMMERCIAL ZONE ........................................... 84
R-4B ZONE:
DUNBRACK MULTI UNIT ZONE (RC-Feb 23/21;E-May 08/21) ........... 86
C-1 ZONE:
LOCAL BUSINESS ZONE ............................................................................... 93
C-2A ZONE:
MINOR COMMERCIAL ZONE .................................................................. 95
C-2B ZONE:
HIGHWAY COMMERCIAL ZONE ......................................................... 100
C-2C ZONE:
DUTCH VILLAGE ROAD MIXED USE ZONE (RC-Oct 4/16;E-Nov
26/16)
101
C-2D ZONE : HERRING COVE ROAD RESIDENTIAL/MINOR COMMERCIAL ZONE
(RC - Nov 27/18; E - Jan 12/19) ............................................................................................... 108
C-2 ZONE:
GENERAL BUSINESS ZONE ....................................................................... 113
C-6 ZONE:
ADULT ENTERTAINMENT ZONE ............................................................ 115
I-1 ZONE:
GENERAL INDUSTRIAL ZONE ................................................................. 116
I-2 ZONE:
RADIO TRANSMITTER ZONE ................................................................... 117
I-3 ZONE:
GENERAL INDUSTRIAL ZONE ................................................................. 118
P ZONE:
PARK AND INSTITUTIONAL ZONE ......................................................... 120
U-2 ZONE:
HIGH DENSITY UNIVERSITY .................................................................... 122
T ZONE:
MOBILE HOME PARK ZONE ..................................................................... 123
H ZONE:
HOLDING ZONE ............................................................................................ 124
US (URBAN SETTLEMENT) ZONE (RC-Jun 25/14;E-Oct 18/14) ..................................... 126
UR (URBAN RESERVE) ZONE (RC-Jun 25/14;E-Oct 18/14) ............................................. 127
PWS (PROTECTED WATER SUPPLY) ZONE (RC-Jun 25/14;E-Oct 18/14) .................. 128
RDD ZONE:
RESIDENTIAL DEVELOPMENT DISTRICT ZONE ............................ 129
WC ZONE:
WESTERN COMMON ZONE ....................................................................... 131
WCDD ZONE: WENTWORTH COMPREHENSIVE DEVELOPMENT DISTRICT .. 132
BWCDD ZONE: BEDFORD WEST COMPREHENSIVE DEVELOPMENT DISTRICT
ZONE
133
SRCDD ZONE: SETON RIDGE COMPRENSIVE DEVELOPMENT DISTRICT ZONE
(RC-Jul 17/18;E-Jul 28/18)........................................................................................................ 134
WCCDD ZONE: WESTERN COMMON COMPREHENSIVE DEVELOPMENT
DISTRICT
135
CD-1:
C&D MATERIALS TRANSFER STATIONS ZONE ................................. 136
CD-2:
C&D MATERIALS PROCESSING FACILITIES ZONE .......................... 139
CD-3:
C&D MATERIALS DISPOSAL SITES ZONE ........................................... 141
ICH:
INFRASTRUCTURE CHARGE HOLDING ZONE ................................... 143
RPK (REGIONAL PARK) ZONE (RC-Jun 25/14;E-Oct 18/14) .......................................... 144
PA (PROTECTED AREA) ZONE (RC-Jun 25/14;E-Oct 18/14) .......................................... 145
WA (WATER ACCESS) ZONE (RC-Jan 11/11;E-Mar 12/11) ............................................. 146
APPENDIX A: Interim Bonus Zoning Requirements for Applicable Plan Amendment
Applications (RC-Mar 21/23;E-Apr 19/23) ............................................................................. 148
SCHEDULES ............................................................................................................................. 156
ZM-19:
McIntosh Run Flood Plain .............................................................................. 164
ZM-23:
Wetlands (RC-Jun 25/14;E-Oct 18/14) ......................................................... 166
ZM-24:
Northwest Arm ................................................................................................. 167
ZM-25:
Wind Energy Zoning (RC-Jun 25/14;E-Oct 18/14) ...................................... 168
ZM-26:
Herring Cove Road (RC-Jun 10/14;E-Jul 26/14) .......................................... 168
ZM-27:
348 Purcells Cove Road (RC-Aug 2/16;E-Sep 3/16) ..................................... 170
ZM-28:
Plan Dutch Village Road Overview Map (RC-Feb 12/19; E-Apr 13/19) (RC-
Apr 4/23;E-May 19/23) (RC-May 23/24;E-Jun 13/24) (RC-May 23/24;E-Jun 13/24) ......... 171
ZM-29:
Plan Dutch Village Road Buildings May Exceed Maximum Building Depth
Map (RC-Oct 4/16;E-Nov 26/16) (RC-Apr 4/23;E-May 19/23) (RC-May 23/24;E-Jun 13/24)
(RC-May 23/24;E-Jun 13/24) .................................................................................................... 172
ZM-30:
Plan Dutch Village Road Area Exempt from Front Yard Setback Map (RC-
Feb 12/19; E-Apr 13/19) (RC-May 23/24;E-Jun 13/24) (RC-May 23/24;E-Jun 13/24) ....... 173
ZM-31:
Plan Dutch Village Road Street Wall Height Map (RC-Feb 12/19; E-Apr
13/19) (RC-Jul 7/20;E-Aug 22/20) (RC-Apr 4/23;E-May 19/23) (RC-May 23/24;E-Jun
13/24) (RC-May 23/24;E-Jun 13/24)......................................................................................... 174
ZM-32:
Plan Dutch Village Road Height Map (RC-Feb 12/19; E-Apr 13/19) (RC-
Apr 4/23;E-May 19/23) (RC-May 23/24;E-Jun 13/24) (RC-May 23/24;E-Jun 13/24) ......... 175
ZM-33:
Parkmoor Ridge Subdivision (RC-Sep 29-30/20; E-Dec 05/20) ................... 176
ZM-34:
Maximum Height in the Dubrack Multi Unit Zone (RC-Feb 23/21; E-Mar
8/21)
177
ZM-35:
Kearney Lake Area (HWCC-Mar 27/23;E-Apr 12/23) ................................ 178
Schedule A: Lands Subject to Interim Bonus Zoning Requirements (RC-Mar 21/23;E-Apr
19/23 ............................................................................................................................................ 179
Schedule A, Table 1: Lands Subject to Interim Bonus Zoning Requirements .................... 180
Halifax Mainland Land Use By-law
Page 1
ADMINISTRATION
1(1)
This by-law shall be administered by the Development Officer of the City of Halifax.
1(2)
No person shall undertake a development without first obtaining a development
permit.
1(3)
Every application for a development permit shall be accompanied by such materials
as required by Sections 63 and 64 of this by-law.
1(4)
A development permit shall expire 24 months from the date it is issued. (RC-
May 23/24;E-Jun 13/24)
APPLICATION
lA
This by-law shall apply to the zoning area as defined in Section 2.
DEFINITIONS
2
In this by-law:
"Accessory Building" means a detached subordinate building not exceeding 25 feet
(7.7 metres) in height (RC-May 23/24;E-Jun 13/24), located on the same lot as the
main building, structure or use to which it is accessory, or on a lot which directly
abuts the lot containing the main building or use it is intended to serve, (RC-
May 23/24;E-Jun 13/24) the use of which is naturally or customarily incidental and
complementary to the main use of the land, building or structure;
"Accessory Use" means a use that is normally incidental, subordinate and
exclusively devoted to a principal use and located on the same lot therewith;
"ACCESSORY HEN USE" means the keeping of hens as an accessory use to a
permitted residential use for the purposes of personal or household food supply,
and not commercial purposes. For greater certainty, an accessory hen use is
not a home occupation use (RC- Oct 05/21; E-Jan 08/22).
"Adult Bookstore" includes any establishment or place for the purpose of retail trade
where 20% or more of the value of the total stock in trade in any such establishment
or place is comprised of books, magazines, or other periodicals relating to or
portrayed as relating to sexual activities;
"Adult Cabaret" means any premises or part thereof, whether public, semi-private,
or private, wherein is provided the opportunity to feel, handle, touch, paint, be in the
Halifax Mainland Land Use By-law
Page 2
presence of, be entertained by the nude body of another person, or to observe, view
or photograph any such activity;
"Adult Entertainment Use" means a massage parlour, sex-aid shop, adult
bookstore, or adult cabaret;
"Alter" means to make any change in the size, shape, structure or materials of a
building or any part thereof;
"Amusement Centre" means a commercially operated facility providing more than
three (3) amusement machines.
"Amusement Machine" means any mechanical, electronic or combination of
mechanical and electronic machine, device, or game which may be operated or played
upon the placing or depositing therein of one or more coins, counters, slugs, balls,
token, or any other article or thing or designed or normally intended to be so operated,
by the paying, therefore, either in advance of or after use, or in exchange for credits
whether acquired on or off the premises, on which the machine is located which does
not dispense foods, wares or services, but is used as a game, contest of chance or skill,
or for amusement whether or not registering a score including but not limited to
electronic or mechanical game machines, electronic video games, skill ball, bowling
game machines, horse racing machine, driving games, target games, pinball
machines, shuffleboard, and other similar machines or devices under whatever name
they may be indicated.
"Apartment" means a room or suite of rooms designed or used as living quarters for
one or more persons living independently of each other and doing their own cooking
therein;
"Apartment House" means a building other than double duplex dwelling arranged,
intended or designed to be occupied by three or more families living independently
of each other but does not include a townhouse building in an R-2 P zone or a shared
housing use (RC-Aug 9/22;E-Sep 15/22);
"Areas of Elevated Archaeological Potential" means the areas of land shown on
ZM-22 - Areas of Elevated Archaeological Potential Map attached to this By-
law. (RC-Jun 25/14;E-Oct 18/14)
"Backyard Suite" means a self-contained subordinate dwelling unit that is
located within an accessory building or structure. (RC-Sep 1/20;E-Nov 7/20)
"Basement" means, for the purposes of this by-law, that storey which is partly
underground but having not more than half of its clear floor to ceiling height below
the average grade of the land outside the building in which such basement is located,
such grade being taken at the foundation walls.
"Bed and Breakfast" (Deleted: RC-Feb 21/23;E-Sep 1/23)
Halifax Mainland Land Use By-law
Page 3
"Bedford Highway Area" means that area designated as the Bedford Highway
Secondary Planning Strategy on zoning map ZM-2.
"Bicycle Parking, Class A" means a facility which secures the entire bicycle and
protects it from inclement weather, and includes any key secured areas such as
lockers, bicycle rooms, and bicycle cages. (RC-Jun 25/14;E-Oct 18/14)
"Bicycle Parking, Class B" means bicycle racks (including wall mounted
varieties) which permit the locking of a bicycle by the frame and the front wheel
and support the bicycle in a stable position with two points of contact. (RC-Jun
25/14;E-Oct 18/14)
"Bicycle Parking, Enhanced" means any of the following: bicycle parking in
excess of the required minimums in terms of quantity or class; the provision of
sheltered bicycle parking; the provision of showers (at the rate of one for every
six bicycle spaces); and clothes lockers (at the rate of one for every bicycle space).
(RC-Jun 25/14;E-Oct 18/14)
"Billboard" means any freestanding sign and supporting structure, maintained or
used for display of advertising matter, or any advertising sign displayed in
conjunction with mural artwork occupying an equal or greater surface area on a
building, wall or fence.
"Boarding House" (Deleted: RC-Aug 9/22;E-Sep 15/22);
"Building" includes any structure placed on, over or under land and every part of the
same and any external chimney, staircase, porch, or other fabric used in connection
with a building whether affixed to the realty or not;
"Building Depth" means the distance between the front yard setback required
on a lot and the portion of the principal building's rear main wall furthest from
the required front yard setback, measured along a line that is perpendicular to
the front yard setback line. (RC-Oct 4/16;E-Nov 26/16)
"Building Line" means any line regulating the position of a building in relation to
the street and the side and rear lot lines in accordance with the provisions of this by-
law;
"Canadian Geodetic Vertical Datum (CGVD28) " means the vertical datum for
Canada officially adopted by an Order in Council in 1935. CGVD28 is a tidal
datum defined by the mean water level at five tide gauges: Yarmouth and
Halifax on the Atlantic Ocean, Pointe-au-Père on the St-Lawrence River, and
Vancouver and Prince-Rupert on the Pacific Ocean. In addition, the definition
includes an elevation at a benchmark in Rouses Point, NY (next to Lake
Champlain) accepted as fixed by the US and Canada in 1925. The datum is
propagated in land using geodetic levelling measurements. The vertical datum is
Halifax Mainland Land Use By-law
Page 4
accessible through benchmarks anchored to the ground and stable structures.
The heights in terms of CGVD28 are in normal-orthometric system. (RC-Jun
25/14;E-Oct 18/14)
"Cannabis Lounge" means premises where the primary purpose of the facility
is the consumption of cannabis, cannabis products or any of its derivatives such
as oils or edible products. A cannabis lounge may or may not include cannabis
retail sales. (RC-Sep 18/18;E-Nov 3/18)
"Cannabis Production Facility" means premises used or occupied by a person
or organization licensed by the Government of Canada for the production of
cannabis or cannabis products,
(a)
including
(i)
where cannabis or any of its derivatives, such as resin or oils, is
grown, cultivated, harvested, manufactured, processed, packaged,
or labelled, and
(ii)
associated activities permitted by the federal license, such as
research and development, storage, and destruction, and
(b)
excluding
(i)
industrial hemp, and
(ii)
premises used for personal production permitted by federal
legislation.
(RC-Sep 18/18;E-Nov 3/18)
"Cannabis Retail Sales" means premises used for the retail sale of cannabis,
cannabis products or any of its derivatives such as oils or edible products to the
general public. (RC-Sep 18/18;E-Nov 3/18)
"Commercial Building" means any building from which retail, rental or wholesale
trade is carried on;
"Commercial Enterprise" means any enterprise which conducts retail, rental or
wholesale trade;
"Commercial Recreation Use" means a building or part of a building in which a
recreational activity is performed and for which a membership or instruction fee is
charged, and, without limiting the generality of the foregoing, shall include weight-
lifting and/or fitness centres, boxing or racquet sport clubs, martial arts schools and
dance studios, but shall not, for the purpose of this by-law, include bingo halls or
amusement centres.
"Community Facility" means a building or site owned by a government agency or
non-profit organization or religious institution or philanthropic institution and used as
a meeting place for entertainment or education or social activities by the general
public on a regular or occasional basis and includes a church hall or a public hall. A
community facility may also include, in combination with offices or facilities of
Halifax Mainland Land Use By-law
Page 5
a non-profit organization, a store for the sale or provision of donated
merchandise. (CC-Sep 11/06; E-Oct 2/06)
"Conservation Use" means any activity carried out for the purpose of conserving
soils, water, vegetation, fish, shellfish, including wildlife sanctuaries and similar
uses to the foregoing. (RC-Jun 25/14;E-Oct 18/14)
"Construction and demolition materials" hereinafter referred to as C&D Materials,
means materials which are normally used in the construction of buildings, structures,
roadways, walls and landscaping features, and includes, but is not limited to, soil,
asphalt, brick, concrete, ceramics, porcelain, window glass, mortar, drywall, plaster,
cellulose, fiberglass fibres, lumber, wood, asphalt shingles and metals.
"Construction and demolition materials disposal site" hereinafter referred to as a
C&D Disposal Site, means land and /or buildings or part of a building where C&D
Materials, or Residue remaining from C&D Processing Facilities, are disposed of by
land application or burying, and shall not include the use of inert C&D materials,
approved by Provincial Department of the Environment and Labour, for site
rehabilitation within gravel pits and quarry operations licensed by the Province of
Nova Scotia.
"Construction and demolition materials processing facility" hereinafter referred
to as a C&D Processing Facility, means lands and/or buildings or part of a building
used to sort, alter, grind, or otherwise process, C&D Materials for reuse or recycling
into new products, and shall not include a Used Building Material Retail Outlet, an
operation that processes inert C&D Materials on the site of generation and the material
processed does not leave the site except for inert C&D Materials described in Sub-
Section 9(3) of HRM C&D License By-law (L-200 and L-201), de-construction of a
building on site, a municipal processing facility for used asphalt and concrete, or
facilities associated with reclamation of a gravel pit or quarry operations licensed by
the Province of Nova Scotia or forestry manufacturing processes.
"Construction and demolition materials transfer station" hereinafter referred to
as a Transfer Station, means land and/or buildings or part of a building at which C&D
Materials are received and sorted for subsequent transport to a C&D Disposal Site or
a C&D Processing Facility.
"Corner Lot" means any lot situated at the junction of two or more streets which, at
their point of junction, form an angle of not more than 135 degrees adjacent to such
corner lot;
"Coverage" means the combined area of the land covered by all the buildings on a
lot, including land over which the buildings project, but excluding any area below the
eaves of the roof. Portions of a building which are not covered by a roof such as
unsheltered steps, verandah or deck are excluded from the combined area.
Halifax Mainland Land Use By-law
Page 6
"Day Care Facility" means a building, part of a building or other place, whether
known as a day nursery, nursery school, kindergarten, play school or by any
other name (and known as a 'child care centre' in the Municipal Planning
Strategy), with or without stated educational purpose, the operator of which for
compensation or otherwise, receives for temporary care or custody, on a daily or
hourly basis, during all or part of the day, apart from parents, seven (7) or more
children not of common parentage, or nine (9) or more children not of common
parentage who are all school-aged up to and including twelve (12) years of age;
but does not include a place such as a hospital or school, does not include
organized religious or recreational activities, and does not include a nursery
school or kindergarten conducted as part of a school, college, academy or other
educational institution where instruction is given in Grades Primary to VII. (RC-
Mar 3/09;E-Mar 21/09)
"Development" includes any erection, construction, addition, replacement or
relocation of any building or structure and any change or alteration in the use made
of land, buildings, or structures;
"Duplex Dwelling" means the whole of a dwelling that is divided horizontally into
two separate dwelling units, each of which has an independent entrance;
"Dwelling" means any building or portion thereof which is designed or used for
residential purposes;
"Dwelling Unit" means 2 or more rooms used or designed to be used by one or more
persons as a place of abode which contains not more than one kitchen and includes
but is not limited to living, sleeping and sanitary facilities.
"Erect" includes excavating ground for a foundation, laying a foundation,
constructing, reconstructing, removing, or changing the location or orientation of a
building or any part thereof;
"Fairview Area" means the area designated as the Fairview Secondary Planning
Strategy on zoning map ZM-2.
"Flanking Lot Line" means a street line that is not the front lot line; (HWCC-
Jan 18/22;E-Sep 3/22)
"Flanking Yard" means a yard between any exterior wall of the main building
and a flanking lot line, but excludes any area of the lot that is a front yard;
(HWCC-Jan 18/22;E-Sep 3/22)
"Front" means to abut on a street and a building shall be deemed to abut on the street
opposite to its principal entrance or if such entrance is not opposite to a street, then
upon the street from which it gains its principal access;
"Front Yard" shall mean a yard extending across the full width of the lot from the
street line of the lot to the front wall of the building.
Halifax Mainland Land Use By-law
Page 7
"Full Cut-Off Light Fixture" means a lighting fixture that projects all of its light
in a downward direction; (RC-Feb 23/21; E-May 08/21)
"Grade-Related Unit" means dwelling unit within a multi-unit dwelling or
apartment house use that is accessible by pedestrians from a private entrance
that fronts and faces a streetline; (RC-Feb 23/21; E-May 08/21)
"Gross Commercial Floor Area" means the floor area occupied for the purpose of
storing or preparing goods, food, or services for sale and displaying, selling, or
dispensing goods, food, or services.
"Gross Lot Area" means the area of a lot plus the area of one-half the width of any
street or permanent open space abutting upon such lot or 30 feet, whichever is the
lesser;
"Ground Floor" means the first-floor level of the building (RC-Feb 23/21;E-May
08/21);
"Habitable Room" means any room in a dwelling house, multiple dwelling, or
dwelling unit with the exception of bathrooms, storage spaces with no windows or
kitchens with a floor area of less than 100 square feet. Combined or undivided living
spaces with floor areas greater than 400 square feet shall be deemed to be two
habitable rooms;
"Health Clinic" means a building or part thereof that provides one or a
combination of the following: rehabilitation; counselling; diagnosis and
treatment for a variety of health and wellness issues. (RC-Oct 4/16;E-Nov 26/16)
"Height" when applied to a building, means the vertical distance of the highest point
of the roof above the mean grade of the surface of all the streets adjoining the building
or the mean grade of the natural ground so adjoining if such grade is not below the
grade of the surface;
"HEN" means adult female chicken (RC- Oct 05/21; E-Jan 08/22).
"Home Occupation" means an accessory use of a dwelling for gainful employment
involving the provision or sale of goods or services or both goods and services;
"Hotel" means a building or part of a building that contains a general kitchen and
dining room and other public rooms, the remaining rooms of which contain no
permanent provision for cooking and are usually hired to transients as places of abode
and is capable of accommodating at least 15 persons;
"Illuminated Sign" means any sign designed to give forth an artificial light or
designed to reflect light;
Halifax Mainland Land Use By-law
Page 8
"Institution" means a building used by an organized body or society for promoting
a particular object, usually a non-commercial nature;
"Junk Yard" means any land used for the collection, storage, handling, processing,
wrecking, dismantling, buying or selling of discarded materials, which shall include,
but not be limited to scrap metal, machinery or parts thereof, dilapidated boats, waste
paper, bottles, tires, bicycles, and derelict vehicles but shall not include Construction
and Demolition Materials;
"Landscaped Open Space" means any landscaped area or playground not covered
by any building but shall not include space for vehicular access, car parking, or the
manoeuvring of vehicles;
"Landscaping" means that part of a lot located outdoors that is used for the
placement of any or a combination of the following elements:
a)
soft landscaping consisting of vegetation such as trees, shrubs, hedges,
ornamental plantings, grass and ground cover
b)
hard landscaping consisting of non-vegetative materials such as brick,
pavers, rock, stone, concrete, tile and wood, and excluding asphalt and
any area used for vehicle parking and manoeuvering. (RC-Oct 4/16;E-
Nov 26/16)
"Living Space" means that portion of the floor coverage of a building exclusive of a
porch or garage or unoccupied basement;
"Lodging House" or "Rooming House" Deleted (RC-Aug 9/22;E-Sep 15/22)
"Lot" or "Property" means a parcel of land whether or not occupied by a building;
"Lot Depth" means the distance between the front and rear lot lines, measured
along a line midway between the side lot lines. (RC-Oct 4/16;E-Nov 26/16)
"Lot Line" means any line dividing one lot from another;
"Lounge" means an establishment licensed as a lounge under the authority of
the Liquor Control Act. (HWCC-Jul 30/18;E-Aug 25/18)
"Mainland South Area" means the area designated as the Mainland South
Secondary Planning Strategy on zoning map ZM-2.
"Massage Parlour" includes any premises or part thereof, by whatever name
designated, where a massage, body rub, alcohol rub, bath, or similar activity is
performed, offered, advertised, or solicited by members of the opposite sex in
pursuance of a trade, calling business, or occupation or which is equipped or arranged
so as to provide such activity, but does not include any premises or part thereof where
treatment is routinely offered or performed for the purpose of medical or therapeutic
Halifax Mainland Land Use By-law
Page 9
treatment and is performed or offered by or under the supervision or direction of a
physician, chiropractor, osteopath, physiotherapist, or nurse licensed or registered
under the laws of the Province of Nova Scotia;
"Medical Clinic" means premises used for the medical examination and
treatment of patients on an outpatient basis, for purposes such as family
medicine, primary health care, walk-in clinics, dentistry, optometry, nutritional
counselling,
psychiatry,
psychological
counselling,
crisis
intervention,
physiotherapy, chiropractic, osteopathy, harm reduction, massage therapy, and
other similar uses. (RC-Feb 23/21;E-May 08/21)
"Mid-Rise Portion" means the portion of a building that exceeds the height of
the streetwall but is less than a height of 26 metres from average grade. (RC-Feb
23/21;E-May 08/21)
"Mobile Home" means a prefabricated detached dwelling, designed for
transportation on its own chassis and wheels to a site where it is to be occupied
as a dwelling, complete and ready for occupancy (except for minor and incidental
unpacking or assembly operations). A mobile home shall be considered to be a
mobile home whether or not the chassis or wheels are removed. This definition
excludes the modular type of a prefabricated dwelling where separate units are
joined together on site to form the complete dwelling unit. For further clarity, a
mobile home use does not include a recreational vehicle (RC-Oct 11/22;E-Nov
16/22);
"Motel" means a building for transient overnight occupancy containing a series of or
several jointed units;
"Motor Vehicle Sales" means any land used for the sale of motor vehicles and does
not include servicing, repair or painting of motor vehicles or sale of motor vehicle
parts.
"Multiple Dwelling" means an apartment house (RC-Aug 9/22;E-Sep 15/22);
"Nonconforming Use" shall have the same meaning as contained in the Municipal
Government Act as may be amended from time to time.
"Northwest Arm Water Access Area" means the area shown on map ZM-24
attached to this By-law. (RC-May 1/07;E-Jul 21/07)
"Nude" means the showing of human male or female genitals, pubic area, or
buttocks, with less than full opaque covering, or the showing of a female breast with
less than a full opaque covering of any portion thereof below the top of the areola of
the breast;
"Occupied" includes "designed to be occupied" and "intended to be occupied";
Halifax Mainland Land Use By-law
Page 10
"Open Space" includes landscaped open space and recreational space;
"Owner" means a part owner, joint owner, tenant in common or joint tenant of the
whole or any part of any land or building and includes a trustee, an executor, a
guardian, an agent, a mortgagee in possession, or other person having the care or
control of any land or building in the event of the absence or disability of the person
having the title thereof;
"Permanent Open Space" means:
(i)
publicly-owned land, the use of which as an open space is established in
perpetuity by deed of trust or otherwise; or
(ii)
cemeteries; or
(iii) land permanently covered by water;
"Population Density" means the number of persons occupying a building(s) on a lot
per one acre of gross lot area. In determining population density, the number of
persons occupying a building(s) on a lot shall be calculated on the basis of one person
for each habitable room contained therein;
"Professional Person" means a person who is a member of one or more of the
following professions and who is licensed to practice same:
(a)
Medical doctor, physician or surgeon;
(b)
Dentist;
(c)
Barrister or solicitor;
(d)
Architect or engineer;
(e)
Psychologist.
(f)
Chartered Accountant
"Public Service or Utility use" shall mean the use of land or erection of structures
thereon for the purpose of providing a service by a government or a public utility.
"Recreational Space" means space specifically designed for recreational purposes
in, on or under any part of a building for common use by the occupants of such
building and includes private balconies and terraces permanently open on at least one
side;
"Recreational Use" means the use of land, buildings or structures for active or
passive recreational purposes and may include indoor recreation facilities, sports
fields, sports courts, playgrounds, multi-use trails, picnic areas, scenic view
points and similar uses to the foregoing, together with the necessary accessory
buildings and structures, but does not include commercial recreation uses. (RC-
Jun 25/14;E-Oct 18/14)
"Recycling depot" means a building which is used for the deposit, collection and
handling of waste paper, rags, tires, bottles or other materials (excluding construction
Halifax Mainland Land Use By-law
Page 11
and demolition materials) which are to be delivered wholesale to other operations for
reclamation, processing or salvage, but shall not include any such salvage or
processing on the same lot or within any building used as a re-cycling depot;
"Rental" means a business conducted within a principal building with no outside
display of goods which provides goods and services for temporary use, payment for
which is calculated at fixed intervals and is made by the user to the owner. For the
purposes of Section 85(2) (Change in Use) of the Planning Act, Chapter 9,
S.N.S. 1983, "rental" shall be considered to be the same as "retail trade".
"Repair" means to make any repair of the value of One Hundred Dollars ($100) or
more;
"Residential Zone" means a zone which permits only residential uses and their
accessory uses.
"Salvage yard" means a lot or premises for the storage, handling or processing of
and sale of scrap material, and without limiting the generality of the foregoing, shall
include waste paper, rags, bones, used bicycles, vehicles, tires, metal or other scrap
material or salvage but excluding construction and demolition materials;
"Schedule K" (Repealed: RC-May 23/24;E-Jun 13/24)
"Schedule L" means the area designated as Schedule L on zoning map ZM-2.
"Secondary Suite" means a self-contained subordinate dwelling unit that is
located within a residential main building. (RC-Sep 1/20;E-Nov 7/20)
"Semi-detached dwelling" means the whole of a dwelling house that is divided
vertically into two separate dwelling units, each of which has an independent
entrance.
"Sewer Service" means a system of pipes that disposes of household sewage other
than on the lot;
"Sex-Aid Shop" includes any establishment or place for the purpose of retail trade
where 10% or more of the value of the total stock in trade in any such establishment
or place is comprised of articles relating to or portrayed as relating to sexual activities;
"Shared Housing Use" means a use that contains 4 or more bedrooms, that meets
one or more of the following:
(i)
that are rented for remuneration as separate rooms for residential
accommodation; or
(ii)
that are operated by a non-profit organization or a registered Canadian
charitable organization that provides support services to the occupants
of the shared housing use,
Halifax Mainland Land Use By-law
Page 12
and includes Shared Housing with Special Care but does not include short-term
rental, hotel, motel, or tourist accommodation as defined in the Tourist
Accommodation Regulation Act. (RC-Aug 9/22;E-Sep 15/22)
"Shared Housing with Special Care" means a type of Shared Housing Use that
is designed to provide a level of care to residents with cognitive, physical or
behavioural limitations, and for greater certainty, shared housing with special
care may include individual dwelling units for occupants, and must meet the
definition of Shared Housing Use. (RC-Aug 9/22;E-Sep 15/22)
"Shipping Container" means a container originally designed for use as a means
of storing and transporting cargo via ship, rail, air or truck. (RC-Aug 22/23;E-
Sep 28/23)
"Short-term Bedroom Rental" means a short-term rental where individual
bedrooms within a dwelling unit are rented to separate parties or groups with or
without meals. (RC-Feb 21/23;E-Sep 1/23)
"Short-term Rental" means a dwelling unit, or part thereof, that is used mainly
for the reception of the traveling or vacationing public and is provided as
temporary accommodation for compensation for a period of 28 days or less. (RC-
Feb 21/23;E-Sep 1/23)
"Sign" means any structure, device, light, painting or other representation or
natural object which is used to identify, advertise or attract attention to any
object, place, activity, person, institution, organization, firm, group, commodity,
profession, enterprise, industry or business, or which display or include any
letter, work, model, flag, pennant, insignia, device or representation used as an
announcement, direction or advertisement, and which is intended to be seen
from off the premises or from a parking lot, except any "signs" which is affixed
to the inside of a window or glass door or regulated under HRM By-law S-800.
(RC-Sep 26/06;E-Nov 18/06)
"Single Family Dwelling" means the whole of a dwelling house occupied by not
more than one family;
"Special Care Home" (Deleted: RC-Aug 9/22;E-Sep 15/22)
"Stacked Attached Housing" means 3 or more dwelling units that are horizontally
or vertically attached and which have a principal access to the exterior ground level
either directly from the unit or by means of a staircase shared by no more than 6 units.
"Stacked Townhouse" means a building containing three or more dwelling units
attached side by side, two units high, where each unit has an independent
entrance to the unit from the outside; (RC-Oct 4/16;E-Nov 26/16)
Halifax Mainland Land Use By-law
Page 13
"Stepback" means a horizontal recess, prescribed by this By-law, that breaks the
vertical plane of an exterior wall on a main building. (RC-Feb 23/21;E-May
08/21)
"Street" means a public street, highway, road, lane, sidewalk, thoroughfare,
bridge and square, and the curbs, gutters, culverts, and retaining walls in
connection therewith. For greater certainty, a road listed on Schedule A of the
Regional Subdivision By-law shall also be considered a street under this By-law
(RC-May 23/24;E-Jun 13/24).
"Street Line" means the boundary of the street.
"Streetline Grade" means the elevation of a streetline at a point that is
perpendicular to the horizontal midpoint of the streetwall. Separate streetline
grades shall be determined for each streetwall segment that is greater than 8
metres in width or part thereof. (RC-Oct 4/16;E-Nov 26/16)
"Streetwall" means the wall of a building or portion of a wall facing a streetline
that is below the height of a specified stepback, which does not include minor
recesses for elements such as doorways or intrusions such as bay windows. (RC-
Oct 4/16;E-Nov 26/16)
"Streetwall Height" means the vertical distance between the top of the streetwall
and the streetline grade, extending across the width of the streetwall. (RC-Oct
4/16;E-Nov 26/16)
"Streetwall Portion" means a section of a streetwall that is no greater than eight
metres in width. (RC-Feb 23/21;E-May 08/21)
"Structure" means everything that is built or constructed of parts joined together and
includes a building and an erection;
"Studio Use" means the commercial use of space for artistic purposes with or
without instruction, such as artists' studios and musical conservatories,
excluding any school use, college or university use, religious institution use,
cultural use, personal service use, or home occupation use. (RC-Feb 23/21;E-
May 08/21)
"Tower Portion" means the portion of a building that exceeds a height of 26
metres from average grade. (RC-Feb 23/21;E-May 08/21)
"Townhouse" means a dwelling unit in a townhouse building which has two or more
independent entrances and a front and rear yard.
"Townhouse Building" means a building which is divided vertically by common
walls into three or more townhouses.
Halifax Mainland Land Use By-law
Page 14
"Townhouse Style Residential Development" means an apartment house that is
similar in appearance to a townhouse building but which is not capable of being
subdivided so that each unit is on its own lot. (RC-Feb 2/10;E-Apr 17/10)
"Urban Service Area" means the Urban Service Area under Schedule B of the
Regional Subdivision By-law. (RC-May 23/24;E-Jun 13/24)
"Use" means the purpose for which a building, structure, premises, or land, or any
part thereof, is used, occupied, or intended to be or designed to be used or occupied;
"Used" includes "arranged to be used", "designed to be used", and "intended to be
used";
"Used building material retail outlet" means land and/or buildings or part of a
building where C&D Materials are sorted and available for resale with incidental and
minimal alteration of the materials and where activity primarily occurs inside a
building;
"Water Control Structure" means any device or infrastructure designed by a
qualified professional to control or manage the flow, volume, direction, or
quality of stormwater to mitigate downstream impacts. It may include, and is
not limited to, stormwater ponds, rain gardens, engineered wetlands, quality
control devices, flow splitters, dispersion beds, energy dissipation, baffles, pipes,
inlet/outlet structures, weirs and/or check dams. (RC-Jun 25/14;E-Oct 18/14)
"Watercourse" means a lake, river, stream, ocean or other natural body of
water. (RC-Jun 25/14;E-Oct 18/14)
"Water Service" means the provision of domestic water from a source not on the lot;
"Western Shore of the Bedford Basin Water Access Area" means the area
identified as the seabed of the Bedford Basin seaward of the Ordinary High
Water Mark, as it existed on the effective date of the adoption of this amendment,
for a distance of 250 metres from the southern boundary of PID 00279786 to the
northern boundary of the Halifax Plan Area. (RC-Jan 11/11;E-Mar 12/11)
"Wetland Areas" means the areas of land shown on ZM-23 - Wetlands Map
attached to this By-law. (RC-Jun 25/14;E-Oct 18/14)
"Work-Live Unit" means a grade-related unit where a commercial use is
permitted in the same dwelling unit but does not include a home occupation use.
(RC-Feb 23/21;E-May 08/21)
"Zoning Area" means the area shown on the zoning maps attached to and
forming part of this by-law as R-1, R-2, R-2P, R-2T, R-2AM, R-3, R-4, RC-1, C-
1, C-2, C-2A, C-2B, C-6, I-1, I-2, I-3, P, U-2, T, H, US, UR, PWS, RDD, WC,
Halifax Mainland Land Use By-law
Page 15
WCDD, BWCDD, WCCDD, CD-1, CD-2, CD-3, ICH, RPK, PA and WA Zones.
(RC-Jun 25/14;E-Oct 18/14)
Halifax Mainland Land Use By-law
Page 16
GENERAL PROVISIONS
GENERAL PROHIBITION
3
No person shall erect or alter any building or locate or carry on any industry, business,
trade or calling or use any land or building within any use zone or cause the same to
be done without complying with the provisions of this by-law.
3A
Where a property is subject to a rezoning approved between December 1, 2005
and April 29, 2006, the Development Officer may reduce the requirements
adopted to implement the Regional Municipal Planning Strategy, to the greatest
extent possible to allow the proposed development that was the subject of the
rezoning. (RC-Jun 25/14;E-Oct 18/14)
OTHER PERMITS REQUIRED
4
Nothing in this by-law shall operate to relieve any person of the obligation to obtain
any license, permission, permit authority, or approval required by this or any other
by-law of the municipality.
4A
(Deleted)
4B
In the "Bedford Highway Area", notwithstanding any other provisions of this by-
law, a development permit may be issued by the Development Officer for a project in
respect of which approval was given by Council and where no decision of the
Municipal Board has been given reversing such approval, provided that the
development is completed within the time limit specified in the Development
Agreement or, in the absence of such time limit, before March 14, 1985.
LOT TO ABUT ON A STREET
5
Except for any lot approved pursuant to Section 38 of the Subdivision By-law,
(RC-Jun 25/14;E-Oct 18/14) every lot or part of a lot shall abut on a street and a
building shall be deemed to abut on the street opposite to its principal entrance, or, if
such entrance is not opposite to a street, then upon the street from which it gains its
principal access.
5A
Deleted (RC-Jun 27/06;E-Aug 26/06)
6
Deleted
ONE BUILDING PER LOT
7(1)
Every building erected after the coming into effect of this by-law shall be located on
a lot as defined in this by-law and in no case shall there be more than one building on
Halifax Mainland Land Use By-law
Page 17
one lot or one building on more than one lot except as otherwise provided in this by-
law.
7(2)
Where, prior to the coming into effect of this by-law, more than one building has been
erected on one lot, only such buildings so erected that have been used or occupied on
each such lot for residential or commercial purposes shall continue to be so used or
occupied and no other building on any such lot shall be altered or converted for either
residential or commercial purposes.
MULTIPLE BUILDINGS PER LOT PERMITTED
7(3)
Notwithstanding the provisions of subsections (1) and (2) hereof, more than one
residential building, excluding single-family, semi-detached and duplex buildings,
may be constructed on a lot in an R-3 or R-4 Zone, provided that:
(a)
FOR R-3 USES
(i)
Sections 28CA to 28CF inclusive shall apply to each building except that
the minimum lot frontage and lot area shall be 60 ft. and 6,000 sq.ft.
respectively; and
(ii)
Section 28CF shall be applied as if the occupancy is the combined
occupancy of all buildings on the lot.
(b)
FOR R-4 USES
(i)
Sections 29 to 33 inclusive shall apply to each building except that the
minimum lot frontage and lot area shall be 60 ft. and 6,000 sq.ft.
respectively; and
(ii)
Section 34 shall be applied as if the occupancy is the combined occupancy
of all the buildings on the lot.
(c)
Deleted
(d)
EXCEPTION FOR INDUSTRIAL/COMMERCIAL BUILDINGS
Notwithstanding the provisions of Subsections (a) and (b) hereof, more than one
industrial/commercial building may be constructed on a lot in an I-3 Zone,
provided that the regulations contained in Section 50A(1), (4) and (5) shall
apply.
(e) EXCEPTION FOR WC ZONE
Notwithstanding the provisions of Subsection (a) and (b) hereof, more than one
building may be constructed on a lot in any WC zone provided that the
regulations contained in Section 62AA(1) and (4) shall apply.
STORAGE OF LUMBER, ETC.
8
No building or land within a residential district shall be used for the storage of lumber,
junk, or other goods or for any other commercial or industrial purposes except as
otherwise provided in this by-law.
PARKING
9(a)
The owner of a building shall provide off-street automobile parking space according
Halifax Mainland Land Use By-law
Page 18
to the following
(i)
Every building hereafter erected or altered for use as a dwelling shall therein or
upon such lands appurtenant hereto provide and maintain accommodation for
the parking or storage of motor vehicles for the use by the occupants of such
dwelling;
(ii)
Such accommodation shall consist of one parking space for every three
dwelling units, rounded down to the nearest whole number if this results
in a fraction, (RC-May 23/24;E-Jun 13/24) contained in such dwelling;
(iia) Repealed (RC-May 23/24;E-Jun 13/24)
(iii) For R-1, R-2, R-2P, R-2AM and R-2T uses, except townhouses, a maximum of
33 percent of the front yard shall be used for vehicular access, manoeuvring and
parking.
(iv) Parking space for R-3 and R-4 uses shall be exclusive of the area of the entrance
or driveway leading to such parking space provided, however, that such parking
space shall not be situated within 5 feet of any official street line nor within 5
feet of any door or window serving a habitable room;
(v)
Parking space located in the front of a building as permitted by Section 9(a)(iv)
shall be screened from the street by hedging, fencing, or other means;
(vi) For residential uses, areas used for vehicle access, manoeuvring or parking shall
be of a stable substance such as gravel, asphalt, concrete, bricks or paving
stones.
(vii) For R-1, R-2, R-2P, and R-2AM uses, excepting townhouses, a minimum of 67
percent of the front yard must be landscaped.
9(b)
Parking space for one vehicle for each twenty seats or similar accommodation in any
theatre, auditorium, church, church hall, or stadium and such space shall be
provided at a point no further than 500 feet distant from the theatre, auditorium,
church, church hall, or stadium;
9(c)
Parking space for one vehicle for each three guest rooms or suites in a hotel, guest
home, tourist home, short-term bedroom rental, (RC-Feb 21/23;E-Sep 1/23) or
building of a similar nature and such space shall be provided at a point not further
than 500 feet distant from such hotel, guest home, tourist home, or building of a
similar nature;
9(d)
Off-street parking for vehicles shall be provided for a lot on which a commercial
building is erected, at a point or points not further than 500 feet from the commercial
building, according to the following:
(i)
3 spaces per 1,000 sq.ft. of gross floor area of office space;
(ii)
4 spaces per 1,000 sq.ft. of gross floor area of retail/service store space;
(iii) 8 spaces per 1,000 sq.ft. of gross floor area of restaurant space; and
(iv) parking shall not be permitted within 3 ft. of the street line, and parking for
commercial uses shall be paved.
(v)
(Deleted)
Halifax Mainland Land Use By-law
Page 19
10
The owner of a motel shall provide for the motel off-street automobile parking space
according to the following table:
(a)
for a motel of 10 units or less - one space per unit, plus one space;
(b)
for a motel of more than 10 units and less than 21 units - one space per unit,
plus two spaces;
(c)
for a motel of more than 20 units and less than 31 units - one space per unit,
plus three spaces;
(d)
for a motel of more than 30 units and less than 41 units - one space per unit,
plus four spaces;
(e)
for a motel of more than 40 units and less than 51 units - one space per unit,
plus five spaces;
(f)
for a motel of more than 50 units - one space per unit, plus six spaces.
11A
For the purpose of Sections 9 and 10, except 9(a)(iii) each parking space required for
a motor vehicle must be separately accessible and measure at least 9 feet wide and 20
feet long.
11B
For the purposes of Section 9(a)(iii) each parking space for a motor vehicle must be
separately accessible and measure at least 8 feet wide and 16 feet long.
DAY CARE FACILITY - SPECIAL CARE HOME PARKING
11(1)
The owners of every building hereafter erected or altered for uses as a day care
facility as an R-3 (General residential and Low Rise Apartment) or R-4 (Multiple
Dwelling) use shall therein or upon lands appurtenant thereto, provide and maintain
accommodation for the parking or storage of motor vehicles for the use of the
employees of such day care facility. (RC-Mar 3/09;E-Mar 21/09) (Deletions: RC-
Aug 9/22;E-Sep 15/22)
11(2)
Such accommodation shall consist of one separately accessible parking space at least
9 feet wide and 20 feet long for every 1,200 square feet of building actually used for
a day care facility as an R-3 (General Residential and Low Rise Apartment) or R-4
(Multiple Dwelling) use. (RC-Mar 3/09;E-Mar 21/09) (Deletion: RC-Aug 9/22;E-
Sep 15/22)
11(3)
Such accommodation shall be provided in an area other than the front yard and
entrance or driveway leading to such parking space.
11(4)
No parking spaces for motor vehicles shall be required for a shared housing use.
(RC-Aug 9/22;E-Sep 15/22)
12
(Deleted)
13A
A development permit shall not be required for the following developments:
Halifax Mainland Land Use By-law
Page 20
(a)
any physical alteration to an existing building which does not change the
exterior dimensions or shape of said building;
(b)
fences;
(c)
a temporary building to be used in connection with construction work.
13AA
BICYCLE PARKING FACILITIES (RC-Jun 25/14;E-Oct 18/14)
(1)
For the whole of every building or structure to be erected or for the portion
of a building or structure which is to be enlarged, on-site bicycle parking
shall be provided in accordance with the following table:
Use
Bicycle Parking Requirement
Multiple Unit Dwelling
0.5 spaces per dwelling unit
80% Class A, 20% Class B
Hotels/Motels/Inns
1 space for every 20 rooms
80% Class A, 20% Class B
Minimum 2 Class B spaces
General Retail, Trade and
Service, Food Store,
Shopping Centre,
Restaurants
1 space per 300m² GFA
20% Class A / 80% Class B
Minimum 2 Class B spaces
General Office, Banks,
Medical Clinics, Institutional
Uses, Government Buildings
1 space per 500m² GFA
50% Class A / 50% Class B
Minimum 2 Class B spaces
Auditoriums, Theatres,
Stadiums, Halls
1 space for every 20 seats
20% Class A / 80% Class B
Minimum of 2 Class B spaces
Maximum of 50 spaces
Schools, Colleges,
Universities
1 space for every 250m² GFA
20% Class A / 80% Class B
Recreation Facilities,
Community Centres,
Libraries.
1 space per 200m² GFA
20% Class A / 80% Class B
Minimum of 2 Class B spaces
General Industrial Uses
1 space per 1000 m² GFA
80% Class A / 20% Class B
Minimum of 2 Class B spaces
Maximum of 20 spaces
Commercial Parking
Structures/Lots
(>20 Motor Vehicle Spaces)
5% of motor vehicle parking provided
Minimum of 2 Class B spaces
Maximum of 50 spaces
Halifax Mainland Land Use By-law
Page 21
Any Uses Not Specified
Above
1 space per 500 m² GFA
50% Class A / 50% Class B
(2)
Bicycle parking requirements shall not be required for the following land
uses: single, two and three unit dwellings, townhouses, self storage facilities,
car washes, cemeteries and funeral homes.
(3)
Each Class B bicycle parking space shall:
(a)
be a minimum of 0.6m wide and 1.8m long;
(b)
have a minimum overhead clearance of 2.0m;
(c)
be located a minimum of 0.6m from any wall or other obstruction.
(4)
Access to and exit from Class B bicycle parking spaces shall be provided
with an aisle of not less than 1.2m in width, to be provided and maintained
beside or between each row of bicycle parking.
(5)
Class A bicycle parking spaces shall have a minimum door opening of 0.6m,
be no less than 1.8m long and 1.2m in height, with an aisle width of not less
than 1.5m. Bicycle rooms and cages for the storage of multiple bicycles shall
contain Class B racks so that individual bicycles are supported.
13AB
LOCATION OF BICYCLE PARKING (RC-Jun 25/14;E-Oct 18/14)
(1)
Class B bicycle parking shall be located no more than 15m from an
entrance. Where there are shelters such as building awnings or overhangs
or special purpose-designed shelters that protect bicycles from the
elements, bicycle parking may be located up to 30m from an entrance.
(2)
Class A bicycle parking may be located up to 200m from an entrance.
(3)
All bicycle parking spaces shall be located on hard surfaces in areas that
are visible and well illuminated.
(4)
Class B spaces shall be located at ground level and visible to passers-by or
building security personnel. Where not immediately visible to passers-by,
directional signage shall be provided.
13AC
SPECIAL BICYCLE PARKING FACILITY REQUIREMENTS (RC-Jun
25/14;E-Oct 18/14)
(1)
Where six (6) bicycle spaces are provided, a reduction of one (1) regular
required motor vehicle parking space may be permitted up to a maximum
of two (2) spaces.
(2)
In any case where enhanced bicycle parking facilities are provided, for
every two enhanced parking spaces, one regular required motor vehicle
space may be eliminated up to a maximum reduction of 10% of the
required motor vehicle parking.
(3)
In cases of 100% lot coverage, Class B bicycle parking may be installed
within the street right-of-way, in accordance with the provisions of the
Streets By-law (S-300), provided it is within 91.4m from the location they
are to serve.
Halifax Mainland Land Use By-law
Page 22
OFF STREET LOADING SPACE
14
The owner of every hotel, retail or rental store, office building, wholesale house,
industrial building, or any other building of a similar nature shall provide off-street
loading space according to the following:
(a)
for a usable floor area up to and including 3,000 square feet, one space required;
(b)
for a usable floor area of over 3,000 square feet and up to and including 6,000
square feet, two spaces required;
(c)
for a usable floor area of over 6,000 square feet, three spaces required.
WATER/SEWER EXCEPTIONS
14A
No development permit shall be issued unless the proposed development is on a city
sewer or water system, provided however, that this section shall not apply to:
(a)
developments within a holding zone or WC zone on lots which abut the existing
public street network;
(b)
the replacement by a similar use, or the repair of a building which is not on city
sewer and water but conforms in every other respect to the land use by-law;
(c)
additions which do not result in a change in use or increase in the number of
dwelling units;
(d)
accessory buildings.
(e)
developments within an I-3 Zone, located outside the Development Boundary
identified on Map II, Appendix "C" of the Halifax-Dartmouth Metropolitan
Regional Plan.
(f)
Repealed
(g)
R-1 and R-2 uses on lots which abut the existing public street network for the
area identified on Schedule ZM-35. (HWCC Mar 27/23;E-Apr 12/23)
(h)
a development within an Urban Reserve (UR) Zone. (RC-Jun 25/14;E-Oct
18/14)
HOME OCCUPATIONS
l4B
Where home occupations are permitted under this by-law, such home occupation shall
comply with the following:
(1)
No person who is not a resident of the dwelling unit shall be the proprietor of,
or shall be employed in, a home occupation;
(2)
Only one home occupation shall be permitted per lot;
(3)
Such home occupations shall be confined to one storey of the dwelling and shall
not occupy more than 50 percent of the floor area of such storey to a maximum
of 400 gross square feet;
(4)
No interior or exterior alterations or additions shall be permitted not normally
associated with a dwelling;
(5)
Except for articles manufactured on the premises, no stock in trade shall be
displayed or sold on the premises;
Halifax Mainland Land Use By-law
Page 23
(6)
The home occupation shall be conducted in such a way that it shall not be
apparent from the outside of the dwelling that it is used for anything other than
a residence and the home occupation shall be conducted entirely within the
dwelling unit;
(7)
There shall be no display of goods visible from the outside, or outside storage
of equipment or material, or use of an accessory building in connection with the
home occupation;
(8)
Only one commercial vehicle, not exceeding 6,000 pounds gross vehicle
weight, shall be parked on the premises in connection with the home occupation;
(9)
The commercial vehicle permitted under clause (8) may contain the name,
address, telephone number and occupation, profession or trade of the proprietor
of the home occupation, which information shall be non-illuminated;
(10) The home occupation shall not create any noise, dust, vibration, smell, smoke,
glare, electrical interference, fire hazard, traffic, or any such similar nuisance
not normally associated with a dwelling;
(11) Without restricting the generality of the foregoing, the preparation and sale of
food, the keeping of animals, adult entertainment uses, and taxi stands, shall be
deemed not to be home occupations.
(12) Deleted (RC-Feb 21/23;E-Sep 1/23)
(13) Deleted (RC-Feb 21/23;E-Sep 1/23)
(14) Deleted (RC-Feb 21/23;E-Sep 1/23)
14BA
SECONDARY SUITES AND BACKYARD SUITES (RC-Sep 1/20;E-Nov 7/20)
(a)
SECONDARY SUITES
Secondary suites shall be permitted accessory to a single family dwelling,
a semi-detached dwelling or a townhouse subject to the following
provisions:
(i)
No more than one total secondary suite shall be permitted on a lot;
(RC-May 23/24;E-Jun 13/24)
(ii)
The floor area of a secondary suite shall not exceed 80.0 square
metres;
(iii)
Repealed (RC-May 23/24;E-Jun 13/24);
(iv)
Notwithstanding the parking requirements of Section 9, additional
off-street parking shall not be required; and
(v)
A secondary suite shall be permitted accessory to a non-
conforming structure for residential use, except where no
residential uses are permitted in the zone. (RC-May 23/24;E-Jun
13/24)
(b)
BACKYARD SUITES
Backyard suites shall be permitted accessory to a single family dwelling,
one mobile dwelling, a duplex dwelling, a semi-detached dwelling, a
townhouse, or an apartment house containing only 3 dwelling units (RC-
May 23/24;E-Jun 13/24) subject to the following provisions:
(i)
No more than one backyard suite shall be permitted on a lot; (RC-
May 23/24;E-Jun 13/24)
(ii)
A backyard suite is not considered a separate main building or
main dwelling;
(iii)
The backyard suite shall meet the accessory buildings
requirements as set out in each zone;
Halifax Mainland Land Use By-law
Page 24
(iv)
The gross (RC-May 23/24;E-Jun 13/24) floor area of a backyard
suite shall not exceed 93.0 (RC-May 23/24;E-Jun 13/24) square
metres;
(v)
Notwithstanding the parking requirements of Section 9, additional
off-street parking shall not be required;
(vi)
A backyard suite shall be permitted accessory to a non-
conforming structure for residential use, except where no
residential uses are permitted in the zone; (RC-May 23/24;E-Jun
13/24)
(vii)
A backyard suite must be located on the same lot as the main
dwelling unit;
(viii) A backyard suite shall have unobstructed access that
(A)
connects the backyard suite to a street or private road,
(B)
is located on the same lot on which the backyard suite is
located, and
(C)
has a minimum width of 1.1 metres;
(RC-May 23/24;E-Jun 13/24)
(ix)
A non-conforming accessory building may be converted to a
backyard suite if the gross floor area of the backyard suite does
not exceed 93 square metres. (RC-May 23/24;E-Jun 13/24)
ACCESSORY HEN USE (RC- Oct 05/21; E-Jan 08/22)
14BB
An accessory hen use is permitted in conjunction with a residential use in all
zones subject to the following provisions:
(a)
The maximum number of hens permitted on a lot shall be:
i.
a maximum of 10 hens on lots less than 4,000 square metres in size;
a maximum of 15 hens on lots 4,000 square metres and over but
less than 6,000 square metres in size;
ii.
a maximum of 20 hens on lots 6,000 square metres and over but
less than 10,000 square metres in size;
iii.
a maximum of 25 hens on lots 10,000 square metres or greater in
size;
(b)
Hens shall be contained within an accessory building or a fenced area
that:
i.
is located in a rear yard;
ii.
is setback the minimum distance that is required for a main
building, on the subject lot, from a wetland or watercourse;
iii.
subject to 14BB(b)(iv), meets the requirements for accessory
buildings under this by-law; and
iv.
is setback a minimum of 1 metre from any side or rear lot line.
(c)
The following are not permitted:
i.
On-site slaughtering or euthanizing of hens; and
ii.
The sale of eggs, meat or hens.
Halifax Mainland Land Use By-law
Page 25
Accessory Buildings (RC-May 23/24;E-Jun 13/24)
14BC
Notwithstanding anything else in this by-law, an enclosed or internal staircase
or elevator leading to a dwelling unit within an accessory structure is exempted
from the maximum floor area requirements for accessory buildings or
structures.
REDUCED LOT SIZE
14C
Notwithstanding any section of this by-law, in the case of lots existing prior to the
date of adoption of this section, the lot size and lot frontage requirements shall be
reduced to 3,000 square feet and 30 feet, respectively, for single family residential
uses.
BILLBOARDS NOT A BUILDING
14D(1)
For the purpose of this by-law, notwithstanding Section 7(a), a billboard shall be
deemed not to be a building.
14D(2)
Where billboards are permitted under this by-law, a billboard erected, maintained or
used to display advertising matter which does not relate to the property or use of the
property on which said billboard is placed, shall:
(a)
not extend more than 25 feet (7.62 metres) at its highest point above the mean
grade on which it is situated and over which it protrudes; nor shall any portion
of the sign face or its associated features be located within 12 feet (3.6576
metres) of the mean grade immediately under the sign;
(b)
not be located less than 15 feet (4.572 metres) from any street line or abutting
lot line, nor be located less than 250 feet (76.2 metres) from a lot which is zoned
or used for park, institutional, open space or residential purposes;
(c)
not contain a sign face, or its associated features, exceeding 200 square feet
(18.58 square metres) in area;
(d)
not have more than two sign faces, and billboards containing two sign faces
shall have said sign faces affixed back-to-back;
(e)
not be located within 1000 feet (304.8 metres) of another billboard located on
the same street;
(f)
not be located in any Minor Commercial (C-2A) zone;
(g)
not be located between the waterfront and the Bedford Highway;
(h)
not be illuminated between the hours of 11:00 p.m. of any day and 7:00 a.m. of
the following day, where such billboard abuts a lot zoned or used for residential,
institutional, park or conservation purposes.
14D(3)
Section 14D(2) shall not apply to mural-style advertising applied to a building, wall
or fence, provided that complementary non-commercial artwork is concurrently
applied to an equal or greater portion of the remainder of the wall or fence, and
Halifax Mainland Land Use By-law
Page 26
provided that both the advertising and surrounding non-commercial artwork are
applied and maintained to the satisfaction of the By-law Enforcement Officer.
14D(4)
Section 14D(2) shall not apply to promotional street furniture or park facilities,
including but not limited to bus shelters, bicycle racks, benches, kiosks, refuse
containers and scoreboards which incorporate advertising permissible under other
municipal by-laws.
14DA
GENERAL SIGN PROVISIONS (RC-Sep 26/06;E-Nov 18/06)
SIGN PERMIT
14DA(1) Except as provided in Section 16DA(3), no person shall place or erect an
advertising structure in the City unless the owner or occupier of the premises on
which the sign is erected has obtained a permit therefor.
14DA(2) Except as provided in Section 16DA(3), an owner or occupier shall have at all
times a valid permit for each sign on any premise either owned or occupied by
him.
EXCEPTIONS
14DA(3) Under this By-law, no permit is required for:
(a)
a canopy which encroaches on the street;
(b) street decorations, streamers and similar temporary non-profit advertising
authorized by the Development Officer with advise from Engineer;
(c) a non-illuminated sign less than three hundred square millimetres
(300mm2);
(d)
an unlit construction sign of less than two square metres (2m2) identifying
parties involved in construction on the premises where the sign is located;
providing such sign is to be in place for less than one year. A sign so erected
shall be removed within fourteen (14) days after the conclusion of the
activity;
(e)
an unlit real estate sign less than two square metres (2m2) pertaining to the
sale, rental, or lease of the premises on which the sign is displayed. A sign
so erected shall be removed within fourteen (14) days after sale, rental or
lease;
(f) event signs - unlighted signs of up to three square metres (3m2) in size
displayed on private property and limited to one per each premise,
announcing a campaign, drive or event of a political, civic, philanthropic,
educational or religious nature, not to be erected more than thirty (30) days
before the event and to be removed not more than two (2) days after the
event;
(g) display window signs - signs on the surface of inside display windows,
lighted only by building illumination and, covering no more than twenty
percent (20%) of the display window area.
Halifax Mainland Land Use By-law
Page 27
LIGHTED SIGNS
14DA(4) (a)
An illuminated sign with coloured lights or an animated sign shall be
considered by the Development Officer, for traffic safety purposes.
(b) Where the Development Officer is of the opinion that the illuminated or
animated sign would affect traffic safety, he shall recommend changes to
the sign to the Development Officer.
(c) The Development Officer shall require the sign to be altered in
conformance with the recommendations of the Development Officer.
(d)
No permit shall be issued unless the recommended changes are made.
PROFESSIONAL DESIGN
14DA(5) If the Development Officer considers professional is necessary, he may require a
copy of the detailed drawings, specifications, and calculations related to the sign
or advertising structure and the supporting building, sealed and signed by an
Engineer or Architect licensed or permitted to practice in the Province of Nova
Scotia by the Association of Professional Engineers of Nova Scotia or the Nova
Scotia Architects' Association.
CONDITIONS
14DA(6) Every permit issued for a sign or advertising structure shall contain the following
conditions:
(a) that the sign or advertising structure shall at all times be maintained in a
safe condition;
(b)
any other condition so that the sign in the opinion of the Development
Officer will not constitute a hazard to the public;
(c) where a sign may affect traffic flow, control or safety, the Development
Officer may impose suitable conditions on the location, size, colours,
animation, lighting or other characteristics related to traffic safety or to the
provisions of reasonable distance, traffic visibility and clearance between
streets and travelled ways and the sign or advertising structure.
ENCROACHMENT LICENSE
14DA(7) In addition to the provisions within this section regarding sign permits, if a sign
or advertising structure is intended to project or extend over any portion of any
street, no permit for such sign or advertising structure shall be granted until the
applicant obtains approval under the Encroachment By-law permitting such
Halifax Mainland Land Use By-law
Page 28
SIGNS ON BUILDINGS
14DA(8) No sign or advertising structure attached to any building shall extend more than
two metres (2m) at its highest point including its supporting structures above the
roof of the building.
14DA(9) On the roof of any building no sign or advertisement more than one-point-four
metres (1.4m) high across the face shall be erected, and applicants must submit
to the Development Officer drawings to scale showing method of construction
and means of attachment, and the bottom of any such sign shall not be nearer
than one hundred fifty millimetres (150mm) nor more than four hundred fifty
millimetres (450mm) above the roof.
14DA(10) No sign or advertising structure beyond the building line shall be less than three
metres (3m) above the surface of a vehicular passageway.
14DA(11) No sign or advertising structure shall overhang the street for a distance of more
than two-thirds of the width of the sidewalk, excepting marguees or canopies.
14DA(12) No part of a sign or structure shall be closer than nine hundred millimetres
(900mm) horizontal from a curb face or the nearest edge of a vehicular
passageway or traffic lane.
ILLUMINATED SIGNS
14DA(13) Signs shall be illuminated in such a manner not to cause a glare to motorists,
pedestrians or neighbouring premises
14DA(14) Signs shall not be illuminated between the hours of 11:00 p.m. of any day and
7:00 a.m. of the following day unless related to an establishment operating
during these hours.
TEMPORARY SIGNAGE
14DA(15) This By-law shall not apply to any sign regulated under HRM By-law S-800 (A
By-law Respecting Requirements for the Licensing of Temporary Signs).
14DA(16) Any sign provision within this By-law referring to temporary signage, as
regulated under HRM By-law S-800, is superceded.
NON-CONFORMING RESIDENTIAL USES - FAIRVIEW AREA
14E(1)
Notwithstanding any other provision of this by-law, any building containing a non-
conforming residential use of more than four units in existence on the date of adoption
of this section, located in the "Fairview Area" and designated "Low" or "Medium-
Density Residential" may be reconstructed for the same use and to the same
dimensions, in the event the building is destroyed by fire or otherwise to an extent of
Halifax Mainland Land Use By-law
Page 29
75% or more of the market value of the structure, provided that the angle controls,
parking and open space requirements of the R-4 Zone are met.
14E(2)
Notwithstanding any other provision of this by-law, any building containing a
residential use legally in existence on the date of adoption of this section, located in
the "Bedford Highway Area" and designated "Low", "Medium" or "High Density
Residential" may be reconstructed for the same use, to the same dimensions, in the
event the building is destroyed by fire or otherwise.
14F(1)
(Deleted)
14F(2)
(Deleted)
14F(3)
(Deleted)
14F(4)
(Deleted)
UNDERSIZED LOTS (RC-May 23/24;E-Jun 13/24)
14G(1)
A lot with less than the minimum required lot area, lot frontage, or lot
dimensions may be developed if it existed on or before August 1, 1987, is within
the Mainland South Area, and
(a)
abuts and has direct access to a street; or
(b)
is accessible through a registered easement no less than 3.0 metres wide.
14G(2)
A lot with less than the minimum required lot area, lot frontage, or lot
dimensions created as a result of an acquisition of a portion of the land by the
Province of Nova Scotia, the Halifax Dartmouth Bridge Commission, or the
Municipality for a provincial or municipal purpose, may be developed as per the
requirements of the applicable zone.
14G(3)
The Development Officer may issue a development permit for a lot approved
pursuant to Section 41 of the HRM Regional Subdivision By-law, where an
undersized lot has had its boundaries altered.
REPAIRS TO NON-CONFORMING USES
14H
Notwithstanding any other provisions of this by-law, the pitch of a roof of a structure
containing a non-conforming use or a building converted under Section 28AC may be
altered, thereby increasing the volume of the structure to effect repairs, provided that
the interior height between the attic floor joists and the peak of the roof shall not
exceed 6 ft. and no additional habitable space is created.
14H(2)
In the case of a non-conforming structure or a structure containing a non-conforming
use, deteriorated stairs, decks, chimneys, fuel tanks and air conditioners may be
readopted, provided that:
Halifax Mainland Land Use By-law
Page 30
(i)
in the case of a non-conforming front, side or rear yard, such replacements do
not change the location of nor increase the area of the existing encroachment;
(ii)
in the case of a non-conforming lot coverage, the replacement does not increase
the size of the non-conformity; and
(iii) that all other requirements of the by-law are adhered to.
ADDITIONS TO A STRUCTURE CONTAINING A NON-CONFORMING
USE
14H(3)
Additions to a structure containing a non-conforming use may be permitted, provided
that:
(i)
this section shall only apply to townhouses or buildings containing no more than
two dwelling units;
(ii)
additions shall comply with the requirements of the zone in which the residential
portion of the use is listed as a permitted use;
(iii) no additional dwelling units are created; and
(iv) where the non-conforming use is other than residential, any addition permitted
by this section shall not be used for any purpose other than residential
BOATS, TRAILERS, CAMPERS
14I(1)
For the purpose of this section, "trailer" and "camper" shall mean a trailer or camper
as defined in Chapter 293 of the Revised Statutes of Nova Scotia, 1989, the Motor
Vehicle Act and regulations thereto.
14I(2)
No person shall in any R-1, R-2 or R-4 Zone use any lot for the parking or storing of
any boat, camper or trailer.
14I(3)
Notwithstanding the provisions of subsection (2) hereof, the owner or occupant of any
dwelling unit or lot, building, or structure in any R-1, R-2 or R-4 Zone may store or
park,
(a)
one boat, which shall not exceed twenty-three feet in length, with or without
boat trailer, which shall not exceed twenty-three feet in length, exclusive of
hitch or tongue; and
(b)
a trailer or trailers, none of which shall exceed twenty- three feet in length,
exclusive of hitch or tongue.
upon such lot, subject to the following regulations:
A
Where lands are used for an apartment house, the boat, camper and trailers shall
be located within a building and shall only be permitted in spaces or areas that
are in addition to the number of parking spaces required for the parking or
storage of motor vehicles for such buildings.
B
Where lands are used for any other purposes:
Halifax Mainland Land Use By-law
Page 31
(i)
the boat, camper and trailers shall be located within the dwelling, a garage
or carport, or located to the rear of a line drawn between two adjacent
buildings extending from the front wall of the building which is further
from the street, such line being parallel to the street line;
(ii)
where a side lot line abuts a street, any boat, camper and trailers parked
or stored shall be located no closer than the established setback of the
main building or ten feet from such side lot line, whichever is the greater
distance;
(iii) where the rear lot line abuts a street, any boat, camper and trailers parked
or stored shall be located not less than twenty-five feet from such rear lot
line.
14I(4)
Notwithstanding subsections (2) and (3) hereof, where lands are used for purposes
other than for apartments, the limitation imposed therein shall not restrict the number
of such boats or trailers that are fully enclosed within a garage or dwelling, provided
the same are owned by the owner or occupant of such dwelling unit or lot, building
or structure or a member of his family.
SUBDIVISION OF MULTIPLE, OR ENCROACHING BUILDINGS
14J
Notwithstanding anything in this by-law, except Section 14A:
(a)
Where two or more buildings existed on one lot prior to March 25, 1982, a
subdivision may be approved to place each building on its own lot,
notwithstanding that the resultant lot(s) and/or building(s) will not meet the land
use by-law requirements. Each lot, however, must have a minimum of 10 ft.
frontage on a street.
(b)
Where a building exists at the time of the adoption of this section of the by-law
encroaches on a lot line, a subdivision may be approved to place the building
on its own lot, notwithstanding that the resultant lot(s) and/or existing
building(s) will not meet the land use by-law requirements, provided each lot
has at least a 10 ft. frontage on a street.
EXISTING SEMI-DETACHED DWELLINGS
(c)
Where a semi-detached dwelling existed on one lot on the effective date of
this amendment, to which additions may have been constructed, which does
not meet the requirements for subdivision purposes under this by-law and/or
is not a permitted use in the zone in which it is located, a subdivision may be
approved to place each dwelling unit on its own lot, provided that each lot has
a minimum of 10 feet of frontage on a street.
DESTRUCTION BY FIRE OR OTHERWISE
14K
Residential buildings in the "Mainland South Area" legally in existence on the date
of adoption of this section which do not conform to this by-law, and which are
Halifax Mainland Land Use By-law
Page 32
destroyed by fire or otherwise, shall be permitted to be reconstructed to the same size
and use.
14L
(Deleted)
SETBACKS IN FLOOD PLAIN
14M(1)
Notwithstanding any other provisions of this by-law, in the "Mainland South Area",
development shall be required to setback. The minimum required setback is shown
on ZM-19 'MacIntosh Run Flood Plain Map'.
14N
In the "Mainland South Area", notwithstanding any other provision of this by-law,
a Development Permit may be issued by the Development Officer for a project in
respect of which approval was given by Council and where no decision of the
Municipal Board has been given reversing such approval, provided that the
development is completed within the time limit specified in the Development
Agreement or, in the absence of such time limit, before the expiration of one year
from the date of adoption of this Section.
14O
(Deleted)
14P
(Deleted)
14Q
(Deleted)
14QA(1) WATERCOURSE SETBACKS AND BUFFERS (RC-Jun 25/14;E-Oct
18/14)
(a)
No development permit shall be issued for any development within 20m of
the ordinary highwater mark of any watercourse.
(b)
Where the average positive slopes within the 20m buffer are greater than
20%, the buffer shall be increased by 1 metre for each additional 2% of
slope, to a maximum of 60m.
(c)
Within the required buffer pursuant to clauses (a) and (b), no excavation,
infilling, tree, stump and other vegetation removal or any alteration of any
kind shall be permitted in relation to a development.
(d)
Within the required buffer pursuant to clauses (a) and (b), activity shall be
limited to the placement of one accessory structure or one attached deck
not exceeding a footprint of 20 m2 or a combination of an accessory
structure and attached deck not exceeding 20 m2, fences, boardwalks,
walkways and trails not exceeding 3 metres in width, wharfs, boat ramps,
marine dependent uses, fisheries uses, conservation uses, parks on public
lands, historic sites and monuments, and public road crossings, driveway
crossings and wastewater, storm and water infrastructure, and water
control structures.
(e)
Notwithstanding clause (a), the required buffer for construction and
demolition operations shall be as specified under the applicable CD Zone.
Halifax Mainland Land Use By-law
Page 33
(f)
Within the buffer required pursuant to clause (e), no excavation, infilling,
tree, stump and other vegetation removal or any alteration of any kind
shall be permitted in relation to a development.
14QA(2) Notwithstanding subsection (1), where an existing residential main building is
located within the required buffer, accessory structures, subject to meeting other
requirements of this by-law, shall be permitted provided they are located no
closer to the watercourse than the existing main building. (RC-Jun 25/14;E-Oct
18/14)
14QA(3) Where the configuration of any existing lot, including lots approved as a result
of completed tentative and final subdivisions applications on file prior to August
26, 2006, is such that no main building could be located on the lot, the buffer
distance shall be reduced in a manner which would provide the greatest possible
separation from a watercourse having regard to other yard requirements. (RC-
Jun 25/14;E-Oct 18/14)
14QA(4) Notwithstanding subsection (1), nothing in this by-law shall prohibit the removal
of windblown, diseased or dead trees, deemed to be hazardous or unsafe. (RC-
Jun 25/14;E-Oct 18/14)
14QA(5) Notwithstanding subsection (1), the selective removal of vegetation to maintain
the overall health of the buffer may be authorized by the Development Officer
where a management plan is submitted by a qualified arborist, landscape
architect, forester or forestry technician. (RC-Jun 25/14;E-Oct 18/14)
14QA(6) Every application for a development permit for a building or structure to be
erected pursuant to this section, shall be accompanied by plans drawn to an
contours and other information including professional opinions, as the
Development Officer may require, to determine that the proposed building or
structure will meet the requirements of this section. (RC-Jun 25/14;E-Oct 18/14)
14QA(7) Subsection (1) does not apply to lands within the area designated on the
Generalized Future Land Use Map in the Regional Municipal Planning Strategy
as Harbour. (RC-Jun 25/14;E-Oct 18/14)
14QB
COASTAL AREAS (RC-Jun 25/14;E-Oct 18/14)
(1)
No development permit shall be issued for any dwelling on a lot abutting
the coast of the Atlantic Ocean, including its inlets, bays and harbours,
within a 3.8 metre elevation above Canadian Geodetic Vertical Datum
(CGVD 28).
(2)
Subsection (1) does not apply to any residential accessory structures which
do not contain a backyard suite (RC-Sep 1/20;E-Nov 7/20), marine
dependant uses, open space uses, parking lots and temporary uses
permitted in accordance with this by-law. (HW, HEMD and NWCC-Dec
11/18;E-Dec 29/18)
Halifax Mainland Land Use By-law
Page 34
(3)
Notwithstanding subsection (1), any existing dwelling situated less than the
required elevation may expand provided that such expansion does not
further reduce the existing elevation.
(4)
Every application for a development permit for a building or structure to
be erected pursuant to this section, shall be accompanied by plans drawn
to an appropriate scale showing the required elevations, contours and lot
grading information to determine that the proposed building or structure
will meet the requirements of this section.
14R
SHIPPING CONTAINERS
(a)
Shipping containers may not be used as accessory buildings to a residential use
with the exception of backyard suites (RC-Oct 11/22;E-Nov 16/22).
Shipping containers may be used as accessory buildings only in an industrial or
commercial zone, or in conjunction with a recreation use, pursuant to applicable
requirements for accessory buildings and pursuant to applicable zone standards
including
those
relating
to
setbacks,
screening
and
landscaping.
Notwithstanding the foregoing, shipping containers intended for non-recreation
or non-residential (RC-Oct 11/22;E-Nov 16/22) use shall not be permitted on
any property which abuts a residential, park or institutional zone.
(b)
Shipping containers may not be placed in the front or flanking yard of any lot,
or between the main building and any street.
(c)
Deleted (RC-Oct 11/22;E-Nov 16/22)
14S
ZM-22: AREAS OF ELEVATED ARCHAEOLOGICAL POTENTIAL (RC-Jun
25/14;E-Oct 18/14)
Where excavation is required for a development on any area identified on ZM-
22 attached to this by-law, a development permit may be issued and the
application may be referred to the Nova Scotia Department of Communities,
Culture and Heritage, Heritage Division for any action it deems necessary with
respect to the preservation of archaeological resources in accordance with
provincial requirements.
14T
ZM-2: WETLANDS (RC-Jun 25/14;E-Oct 18/14)
Every application for a development permit shall be accompanied by plans,
drawn to an appropriate scale, showing the location of all wetlands identified on
ZM-23 attached to this by-law, within and adjacent to the lot. Notwithstanding
any other provision of this by-law, no development of any kind shall be permitted
within any such wetland.
Halifax Mainland Land Use By-law
Page 35
DEVELOPMENT AND SUBDIVISION ON THE NORTHWEST ARM AND
THE WESTERN SHORE OF THE BEDFORD BASIN (RC-Jan 11/11;E-
Mar 12/11)
14U
For any development or subdivision within the Northwest Arm Water Access
Area or the Bedford Basin Water Access Area, in addition to all other applicable
requirements of this By-law, the following requirements shall apply:
(a) Definitions:
(i)
"Boathouse" means a building or structure, whether permanent or
temporary, which is located on a waterfront lot, which is roofed,
which does not contain toilet, bathroom, kitchen or sleeping facilities
and which is used for the shelter or storage of boats, watercrafts and
associated marine accessories and equipment, but not for the
accommodation of persons, animals, or vehicles as defined by the
Motor Vehicle Act.
(i.1) "Cribbing" means a framework underneath a wharf for the purpose
of providing structural support that permits the flow of water
through the structure. (RC-Jan 9/24;E-Feb 12/24)
(i.2) "Fill Material" means sand, gravel, rock, clay, soil, or other natural
materials. (RC-Jan 9/24;E-Feb 12/24)
(ii) "Gazebo" means a freestanding, roofed accessory building or
structure, which is not enclosed, which does not contain toilet,
bathroom, kitchen or sleeping facilities, and which is not used for the
accommodation of animals or vehicles as defined by the Motor
Vehicle Act.
(ii.1) "Retaining Wall" means a vertical, or near vertical structure, that
holds back sand, gravel, rock, clay, soil, or other fill material, and
prevents movement of material down slope or erosion on a site. (RC-
Jan 9/24;E-Feb 12/24)
(iii) "Shoreline" means the Ordinary High Water Mark as defined under
the Nova Scotia Land Surveyors Regulations and as it existed on the
effective date of this Section.
(iv) "Water Lot" means any part or parcel of land located seaward of the
Shoreline as illustrated on Map 9 the Generalized Future Land Use
Map for the Halifax Plan Area.
(v)
"Water Lot Infilling" means the placing of any fill material within a
water lot, but does not include cribbing for an approved wharf under
the Canadian Navigable Waters Act. (RC-Jan 9/24;E-Feb 12/24)
(b) In addition to all other applicable requirements of this by-law:
(i)
No structure, with the exception of boathouses, public works and
utilities, ferry terminal facilities, a multi-use trail system and
associated facilities, parks on public lands, wharves, docks, gazebos,
municipal, provincial and national historic sites and monuments,
and existing structures may be located within 9 metres of the
Shoreline of the Northwest Arm Water Access Area or the Bedford
Basin Water Access Area. (RC-Jan 9/24;E-Feb 12/24)
Halifax Mainland Land Use By-law
Page 36
(ii) Where boathouses and gazebos are to be located within 9 metres of
the Shoreline of the Northwest Arm Water Access Area or the
Bedford Basin Water Access Area, they shall be limited to one
boathouse and one gazebo per lot and each structure may have a
maximum area of 48 square metres a maximum width of 6 metres
on the side that is most parallel to the Shoreline, a maximum depth
of 8 metres, a minimum roof pitch of 5/12 and a maximum height of
4.2 metres; (RC-Jan 9/24;E-Feb 12/24)
(c) Notwithstanding Subsection (b), the 9-metre (30-foot) Northwest Arm
Shoreline setback shall not apply to the properties identified by the
following P.I.D. numbers: 00251868 (leased to the Armdale Yacht Club),
00274548 and 00270942 (Royal Nova Scotia Yacht Squadron).
(c.1) Notwithstanding 14U(b) and 62EE (1), 62EE(2), 62EE(3), and 62EE(4)
but subject to 14U(c.2), water lot infilling, in whole or in part, of a water
lot within the Northwest Arm Water Access Area is prohibited unless a
development permit has been issued for a permitted use listed in 14U(c.2).
(RC-Jan 9/24;E-Feb 12/24)
(c.2) Water lot infilling, in whole or in part, of a water lot within the Northwest
Arm Water Access Area is only permitted for:
(i) public works and utilities;
(ii) ferry terminal facilities;
(iii) parks on public land;
(iv) municipal, provincial, and national historic sites and monuments;
(v) retaining walls associated with any uses referenced in 14U(c.2)(i) to
14U(c.2)(iv); and
(vi) subject to 14U(c.3), retaining walls not associated with uses
referenced in 14U(c.2)(i) to 14U(c.2)(iv). (RC-Jan 9/24;E-Feb 12/24)
(c.3) Retaining walls under Subclause 14U(c.2)(vi), including any associated
engineering support structure, shall not be located more than 2.0 metres
seaward from the shoreline. (RC-Jan 9/24;E-Feb 12/24)
(d)
No portion of a water lot shall:
(i) be included within the calculation of the minimum setback required
by clause (b)(I);
(ii) be included within the calculation of the minimum lot area
requirements of this by-law; and,
(ii.1) be included within the calculation of lot coverage requirements of this
by-law; and (RC-Jan 9/24;E-Feb 12/24)
(iii) have frontage on any street not opened for vehicular use as of
January 1, 2010.
(e) The requirements of this Section shall continue to apply to water lots
following any subsequent consolidation with abutting land lots.
(f)
No person shall in the Northwest Arm Water Access Area:
(i) carry out, or cause or permit to be carried out, any development for
any purpose other than one or more of the uses set out in 14U (c.2);
(ii) use or permit to be used any land or building in whole or in part for
any purpose other than one or more of the uses set out in 14U (c.2);
or
Halifax Mainland Land Use By-law
Page 37
(iii) construct or erect a building, with the exception of public works and
utilities or ferry terminal facilities, on a wharf, on pillars, on piles, or
on any other type of structural support located on or over a water lot.
(RC-Jan 9/24;E-Feb 12/24)
14V
TEMPORARY CONSTRUCTION USES PERMITTED (RC-Jan 20/09;E-
Feb 7/09)
(a)
Nothing in this By-law shall prevent the use of land or the use or erection
of a temporary building or structure which is necessary and accessory to
construction in progress, such as a work camp or construction camp,
mobile home, sales or rental office, tool or maintenance shed or scaffold,
including a shipping container which serves as one of the foregoing, except
as a mobile home, sales or rental offices, provided that a development
permit has been issued.
(b)
A rock crusher may be used at the site of a demolition of a structure or
building, the site of construction of primary or secondary services
pursuant to the Regional Subdivision By-law, or at the site of development
permitted pursuant to this By-law, provided a development permit has
been issued for such use.
(c)
A development permit may only be issued for the temporary use of a rock
crusher.
(d)
A development permit issued for the use of a temporary rock crusher
accessory to demolition of a structure or building pursuant to this By-law
or a development pursuant to this By-law shall be valid for any period
specified not exceeding sixty (60) days. A development permit issued under
this clause may be renewed for a period not to exceed thirty (30) days at a
time, if a development officer determines that an extension of the period is
necessary. No rock crusher shall be located or used within three (3)
metres of any property boundary.
(e)
A development permit issued for the use of a temporary rock crusher
accessory to the construction of primary or secondary services pursuant
to the Regional Subdivision By-law shall be valid for any period which does
not exceed the construction time schedule specified in the subdivision
agreement. No rock crusher for which a permit has been issued under
this clause shall be located or used within sixty (60) metres of any building
used for residential or institutional purposes; with the exception of fire
stations, police stations, public works facilities, cemeteries, historic sites
and monuments, and recreational trails where no rock crusher shall be
located or used within three (3) metres of any property boundary.
(f)
Notwithstanding any other provision of this By-law, a temporary rock
crusher accessory to construction in progress shall not be used to process
material for export to another site nor to process material imported to the
site.
(g)
A temporary rock crusher may be used as an accessory to demolition in
progress to process demolished material for export to another site subject
Halifax Mainland Land Use By-law
Page 38
to disposal in accordance with the requirements of this By-law and the
C&D Materials Recycling and Disposal License By-law.
14W
WIND ENERGY FACILITIES (RC-Jun 25/14;E-Oct 18/14)
The use of windmills or wind turbines to produce electricity or for any other
purpose shall be regulated in accordance with the provisions of this Section.
I
DEFINITIONS
For the purposes of this Section, certain terms are defined as follows:
a)
"Habitable Building" means a dwelling unit, hospital, hotel, motel, shared
housing use (RC-Aug 9/22;E-Sep 15/22) or other building where a person
lives or which contains overnight accommodations.
b)
"Nacelle" means the frame and housing at the top of the tower that
encloses the gearbox and generator.
c)
"Nameplate Capacity" means the manufacturer's maximum rated output
of the electrical generator found in the nacelle of the wind turbine;
d)
"Total Rated Capacity" means the maximum rated output of all the
electrical generators found in the nacelles of the wind turbines used to
form a wind energy facility;
e)
"Tower Height" means the distance measured from grade at the
established grade of the tower to the highest point of the turbine rotor or
tip of the turbine blade when it reaches its highest elevation, or in the case
of a roof mounted wind turbine the distance measured from the lowest
point of established grade at the building's foundation to the highest point
of the turbine rotor or tip of the turbine blade when it reaches its highest
elevation;
f)
"Turbine" means a wind energy conversion system, the purpose of which
is to produce electricity, consisting of rotor blades, associated control or
conversion electronics, and other accessory structures.
g)
"Wind Energy Facility" means a wind energy conversion system, the
purpose of which is to produce electricity, consisting of one or more roof
mounted turbines or turbine towers, with rotor blades, associated control
or conversion electronics, and other accessory structures including
substations,
meteorological
towers,
electrical
infrastructure
and
transmission lines;
i)
"Micro Facility" means a wind energy facility consisting of a single
turbine designed to supplement other electricity sources as an
accessory use to existing buildings or facilities and has a total rated
capacity of 10 kW or less, and is not more than 23 metres (75 feet) in
height.
ii)
"Small Facility" means a wind energy facility which has a total rated
capacity of more than 10 kW but not greater than 30 kW. A Small
Facility has a stand alone design, on its own foundation, or may be
Halifax Mainland Land Use By-law
Page 39
supported by guy wires, is not roof mounted, and the tower of which
is not more than 35 metres (115 feet) in height.
iii)
"Medium Facility" means a wind energy facility which has a total
rated capacity of more than 30 kW but not greater than 300 kW. A
Medium Facility has a stand alone design, on its own foundation, or
may be supported by guy wires, is not roof mounted, and the towers
of which are not more than 60 metres (197 feet) in height.
iv)
"Large Facility" means a wind energy facility which has a total rated
capacity of more than 300 kW. A Large Facility has a stand alone
design, on its own foundation, or may be supported by guy wires, is
not roof mounted, and the towers of which are greater than 60 metres
(197 feet) in height.
II
ZONES
For the purpose of this section the following zones apply as shown on the attached
Schedule ZM-25 - Wind Energy Zoning. Such zones are:
(UW-1) Urban Wind Zone
(RW-2) Rural Wind Zone
(R) Restricted Zone
a)
URBAN WIND ZONE (UW-1)
i)
All Wind Energy Facilities, except Large Facilities, are permitted in
the Urban Wind Zone (UW-1).
ii)
All turbine towers in the UW-1 Zone shall have a minimum distance
between turbines equal to the height of the tallest tower.
iii)
All turbine towers in the UW-1 Zone shall be set back a minimum
distance of 1.0 times the tower height from any adjacent property
boundary,
iv)
Turbine towers of Micro Facilities in the UW-1 Zone shall be set back
a minimum distance of 3.0 times the tower height from any habitable
building on an adjacent property.
v)
Turbine towers of Small Facilities in the UW-1 Zone shall be set back
a minimum distance of 180 metres (590 feet) from any habitable
building on an adjacent property.
vi)
Turbine towers of Medium Facilities in the UW-1 Zone shall be set
back a minimum distance of 250 metres (820 feet) from any habitable
building on an adjacent property.
b)
RURAL WIND ZONE (RW-2)
i)
All Wind Energy Facilities are permitted in the Rural Wind Zone
(RW-2).
ii)
All turbine towers shall have a minimum distance between turbines
equal to the height of the tallest tower.
iii)
Turbines towers of Micro Facilities in the RW-2 Zone shall have the
following set back requirements:
Halifax Mainland Land Use By-law
Page 40
1)
A minimum distance of 3.0 times the tower height from any
habitable building on an adjacent property;
2)
A minimum distance of 1.0 times the tower height from any
adjacent property boundary.
iv)
Turbines towers of Small Facilities in the RW-2 Zone shall have the
following set back requirements:
1)
A minimum distance of 180 metres (590 feet) from any
habitable building on an adjacent property;
2)
A minimum distance of 1.0 times the tower height from any
adjacent property boundary.
v)
Turbines towers of Medium Facilities in the RW-2 Zone shall have
the following set back requirements:
1)
A minimum distance of 250 metres (820 feet) from any
habitable building on an adjacent property;
2)
A minimum distance of 1.0 times the tower height from any
adjacent property boundary.
vi)
Turbines towers of Large Facilities in the RW-2 zone shall have the
following set back requirements:
1)
A minimum distance of 1000 metres (3281 feet) from any
habitable building on an adjacent property;
2)
A minimum distance of 1.0 times the tower height from any
adjacent property boundary.
c)
RESTRICTED ZONE (R)
i)
Wind Energy Facilities shall not be permitted in the Restricted Zone.
III PERMIT APPLICATION REQUIREMENTS
All Wind Energy Facilities require a development permit. The permit
application shall contain the following:
a)
a description of the proposed Wind Energy Facility, including an overview
of the project, the proposed total rated capacity of the Wind Energy
Facility;
b)
the proposed number, representative types, and height or range of heights
of wind turbines towers to be constructed, including their generating
capacity, dimensions, respective manufacturers, and a description of
accessory facilities;
c)
identification and location of the properties on which the proposed Wind
Energy Facility will be located;
d)
at the discretion of the Development Officer, a survey prepared by a Nova
Scotia Land Surveyor, a surveyor's certificate, or a site plan showing the
planned location of all wind turbines towers, property lines, setback lines,
access roads, turnout locations, substation(s), electrical cabling from the
Wind Energy Facility to the substation(s), ancillary equipment,
building(s), transmission and distribution lines. The site plan must also
include the location of all structures and land parcels, demonstrating
compliance with the setbacks and separation distance where applicable;
Halifax Mainland Land Use By-law
Page 41
e)
at the discretion of the Development Officer, proof of notification to the
Department of National Defense, NAV Canada, Natural Resources
Canada and other applicable agencies regarding potential radio,
telecommunications, radar and seismoacoustic interference, if applicable,
to Transport Canada and the Aviation Act; and,
f)
any other relevant information as may be requested by the Halifax
Regional Municipality to ensure compliance with the requirements of this
By-law.
IV
ADDITIONAL PERMIT REQUIREMENTS
a)
The Development Permit application shall be reviewed by a Municipal
Building Official to determine if design submissions are required from a
Professional Engineer to ensure that the wind turbine base, foundation, or
guy wired anchors required to maintain the structural stability of the wind
turbine tower(s) are sufficient where a wind turbine is:
i)
not attached to a building and is not connected to the power grid;
ii)
attached to an accessory building in excess of 215 square feet and is
not connected to the power grid.
b)
A minimum of 60 days before the date a development permit application
is submitted, an applicant shall send a notice to all assessed property
owners of property that is within the following distances from the
boundary of the property upon which any Micro, Small, Medium and
Large wind energy facility is proposed:
i)
Micro
140 metres (460 ft)
ii)
Small
360 metres (1180 ft)
iii)
Medium
500 metres (1640 ft)
iv)
Large
2000 metres (6560 ft)
c)
The notice pursuant to section b) shall include the following information:
i)
a site plan that includes property boundaries and the location of the
proposed wind energy facility;
ii)
a description of the type of wind energy facility; and
iii)
the applicant's contact information which shall include a mailing
address.
V
EXCEPTIONS
Notwithstanding Section II a) and II b) the setback requirements from any Wind
Energy Facility to a property boundary may be waived where the adjoining
property is part of and forms the same Wind Energy Facility. All other setback
provisions shall apply.
a)
Wind Energy Facilities shall not be permitted in the following zones of the
Halifax Mainland Land Use By-law:
i)
RPK (Regional Park) Zone;
ii)
PA (Protected Area) Zone.
Halifax Mainland Land Use By-law
Page 42
VII
INSTALLATION AND DESIGN
a)
The installation and design of a Wind Energy Facility shall conform to
applicable industry standards.
b)
All structural, electrical and mechanical components of the Wind Energy
Facility shall conform to relevant and applicable local, provincial and
national codes.
c)
All electrical wires shall, to the maximum extent possible, be placed
underground.
d)
The visual appearance of the Wind Energy Facility shall at a minimum:
i)
be a non-obtrusive colour such as white, off-white or gray;
ii)
not be artificially lit, except to the extent required by the Federal
Aviation Act or other applicable authority that regulates air safety;
and,
iii)
not display advertising (including flags, streamers or decorative
items), except for identification of the turbine manufacturer, facility
owner and operator.
VIII MISCELLANEOUS
a)
Micro Wind Facilities shall be permitted on buildings subject the
requirements in Section II a) Urban Wind Requirements and Section II b)
Rural Wind Requirements.
b)
The siting of Wind Energy Facilities is subject to the requirements for
Watercourse Setbacks and Buffers as set out in the Land Use By-law.
c)
The siting of all accessory buildings are subject to the general set back
provisions for buildings under this By-law
IX
SCHEDULES
a)
Schedule ZM-25 - Wind Energy Zoning.
14X
PUBLIC TRANSIT FACILITIES (RC-Jun 25/14;E-Oct 18/14)
Public transit facilities shall be permitted in all zones and shall not be required
to conform to any zone requirements.
14Y
CANNABIS-RELATED USES (RC-Sep 18/18;E-Nov 3/18)
Notwithstanding any other provisions of this By-law, cannabis retail sales and
cannabis lounges are only permitted if such facilities are operated by the Nova
Scotia Liquor Corporation (NSLC).
Halifax Mainland Land Use By-law
Page 43
14YA
DEVELOPMENT PERMIT EXEMPTIONS (RC- Oct 05/21; E-Jan 08/22)
a)
An accessory hen use is exempt from the requirement to obtain a
development permit.
b)
A short-term rental of an entire dwelling unit in an operator's primary
residence is exempt from the requirement to obtain a development
permit. (RC-Feb 21/23;E-Sep 1/23)
c)
Provided the rental is not a short-term bedroom rental, a rental of 3 or
fewer bedrooms in a dwelling unit shall not require a development
permit. (RC-Feb 21/23;E-Sep 1/23)
14YB
SHORT-TERM RENTALS (RC-Feb 21/23;E-Sep 1/23)
a)
Short-term Rentals accessory to a residential use shall be permitted in all
zones provided that the dwelling unit is the primary residence of the short-
term rental operator.
b)
Short-term Bedroom Rentals accessory to a residential use shall be permitted
in all zones, subject to the following additional provisions:
i)
The short-term bedroom rental shall be wholly contained within the
dwelling unit which is the primary residence of the operator of the
rental;
ii)
Not more than three (3) bedrooms, or the maximum number of
bedrooms specified in the zone, may be rented as a short-term
bedroom rental at the same time;
iii)
The operator of the short-term bedroom rental resides on site while
any bedrooms are rented;
iv)
No window display and not more than one (1) business sign shall be
permitted and no such sign shall exceed four (4) square feet (0.4 m2) in
area; and
v)
One off-street parking space in addition to that required for the
dwelling shall be provided for each bedroom to be rented.
Halifax Mainland Land Use By-law
Page 44
ZONING MAPS
15
For the purpose of this by-law and of the maps entitled ZM-1, ZM-2, and ZM-19
hereto annexed, hereinafter referred to as "zoning maps", the following classes of
zones are hereby established:
ZONES
16(1)
The following classes of use zones are established:
R-1
Single Family Dwelling Zone
R-2
Two Family Dwelling Zone
R-2P
General Residential Zone
R-2T
Townhouse Zone
R-2AM General Residential Conversion Zone
R-3
Low-Rise Apartment Zone
R-4
Multiple Dwelling Zone
RC-1
Neighbourhood Commercial Zone
R-4B
Dunbrack Multi Unit Zone (RC-Feb 23/21;E-May 08/21)
C-1
Local Business Zone
C-2A
Minor Commercial Zone
C-2B
Highway Commercial Zone
C-2
General Business Zone
C-6
Adult Entertainment Zone
I-1
General Industrial Zone
I-2
Radio Transmitter Zone
I-3
General Industrial Zone
IP
(Deleted)
P
Park and Institutional Zone
U-2
High Density University Zone
T
Mobile Home Park Zone
G
(Deleted)
M
(Deleted)
H
Holding Zone
W (Deleted)
US
Urban Settlement Zone (RC-Jun 25/14;E-Oct 18/14)
UR
Urban Reserve Zone (RC-Jun 25/14;E-Oct 18/14)
PWS
Protected Water Supply Zone (RC-Jun 25/14;E-Oct 18/14)
RDD
Residential Development District Zone
WC
Western Common Zone
WCCDD Western Common Comprehensive Development District Zone
CD-1
C&D Materials Transfer Stations Zone
CD-2
C&D Materials Processing Facilities Zone
CD-3
C&D Materials Disposal Sites Zone
WCDD Wentworth Comprehensive Development District Zone
ICH
Infrastructure Charge Holding Zone
Halifax Mainland Land Use By-law
Page 45
RPK
Regional Park Zone (RC-Jun 25/14;E-Oct 18/14)
PA
Protected Area Zone (RC-Jun 25/14;E-Oct 18/14)
BWCDD Bedford West Comprehensive Development District Zone (RC-Jun
27/06;E-Aug 26/06)
WA
Water Access Zone (RC-May 1/07;E-Jul 21/07)
R-2TA
Dutch Village Road Townhouse Zone (RC-Oct 4/16;E-Nov 26/16)
R-4A
Dutch Village Road Multi Unit Zone (RC-Oct 4/16;E-Nov 26/16)
C-2C
Dutch Village Road Mixed Use Zone (RC-Oct 4/16;E-Nov 26/16)
C-2D
Herring Cove Road Residential/Minor Commercial Zone (RC-Nov
27/18; E-Jan 12/19)
16(2)
The uses of buildings and land permitted by this by-law in such zones may be
referred to as R-1, R-2, R-2P, R-2T, R-2TA, R-2AM, R-3, R-4, R-4A, RC-1, R-
4B (RC-Feb 23/21;E-May 08/21), C-1, C-2A, C-2B, C-2C, C-2D, C-2, C-6, I-1, I-
2, I-3, P, U-2, T, H, US, UR, PWS, RDD, WC, WCDD, BWCDD, WCCDD, CD-
1 CD-2, CD-3, ICH, RPK, PA and WA uses, respectively. (RC-Oct 4/16;E-Nov
26/16)
DETERMINING BOUNDARY LINES OF USE ZONES
17(a)
Where the position of the boundary line of a use zone as shown on any zone map is
not coincident with the limit of a street but parallel to it, and the distance from such
street line is not indicated, such boundary line shall follow the rear lot lines of the
properties fronting on such street as such lines exist at the date of the coming into
effect of this by-law.
17(b)
Where, however, a rear lot line is at a greater distance than 200 feet from such street
line, the boundary line shall be deemed to be a distance of 200 feet from it, if not
otherwise indicated on the zoning maps.
17(c)
The exception in subsection (b) shall not apply to residential zones and general
building zones.
17(d)
Where a railroad or railway right-of-way, electrical transmission line right-of-way or
watercourse is included on the zoning maps and serves as a boundary between two or
more different zones, a line midway on such right-of-way or watercourse and
extending in the general direction of the long division thereof shall be considered the
boundary between zones unless specifically indicated otherwise.
17(e)
Where the boundary line of a use zone is coincident with a shoreline, the boundary
line will follow any change in the shoreline.
17(f)
Where none of these above provisions apply, and where appropriate, the zone
boundary shall be scaled from the zoning maps as provided for by Section 15 above.
17(g)
Upon the closing of a street or potion of a street to public use, the land comprising
such former street or portion of such street shall be zoned as follows:
Halifax Mainland Land Use By-law
Page 46
(i) where the use zone of the abutting lands are the same, the land comprising the
former street shall have the same zoning as the abutting lands;
(ii)
where the use zone of the abutting lands are different, the center line of the
former street shall be the boundary line and the lands on either side of the
boundary line shall have the same zoning as the abutting lands;
17(h)
Notwithstanding Subsection 17(e), the boundary of the WA Zone is deemed to
coincide with the Shoreline of the Northwest Arm or the Western Shoreline of
the Bedford Basin. (RC-Jan 11/11;E-Mar 12/11)
USES FOR CORNER LOTS
18
Where a zoning map indicates that the permissible uses of lots fronting on intersecting
streets are not the same, the use permissible for a corner lot shall be the same as that
applicable to the street upon which the proposed building or other use is intended to
front, regardless of the other permissible uses of such corner lot as indicated on the
map unless the zoning map distinctly shows it otherwise.
MOBILE HOMES (Repealed (RC-Oct 11/22;E-Nov 16/22)
19
Repealed (RC-Oct 11/22;E-Nov 16/22)
FEES
19A(1)
An application to amend this by-law or modify any of the provisions of this by-law
must be accompanied by a fee at the time of making such application, which fees shall
be:
Minor Variance
$ 45
Amendment to By-law
$ 120
Contract Development
$ 120
l9A(2)
The applicant for an amendment to the by-law or contract development or an
amendment thereto shall deposit with the clerk an amount estimated by the clerk to
be sufficient to pay the costs of all advertising required in respect of the application,
and after the advertising has been completed, the applicant shall pay to the clerk any
additional amount required to defray the cost of advertising or, if there is a surplus,
the clerk shall refund it to the applicant.
Halifax Mainland Land Use By-law
Page 47
R-1 ZONE:
SINGLE FAMILY DWELLING ZONE
20(1)
The following uses shall be permitted in any R-1 Zone:
(a)
a detached one-family dwelling;
(a.1) Semi-detached dwellings within the Urban Service Area; (RC-May
23/24;E-Jun 13/24)
(a.2) Duplex Dwelling within the Urban Service Area; (RC-May 23/24;E-Jun
13/24)
(a.3) Apartment houses containing 3 or 4 dwelling units within the Urban
Service Area; (RC-May 23/24;E-Jun 13/24)
(b)
the office of a professional person located in the dwelling house used by such
professional person as his private residence;
(ba) a home occupation;
(c)
a public park or playground;
(d)
a church and church hall;
(e)
a golf course;
(f)
a tennis court;
(g)
a yacht or boat club;
(h)
a public recreational centre;
(i)
a day care facility for not more than 8 children in conjunction with a
dwelling (CCC-Apr 6/09;E-Oct 8/09)
(j)
a shared housing use with 10 or fewer bedrooms in conjunction with a
permitted dwelling unit (RC-Aug 9/22;E-Sep 15/22);
(ja)
a townhouse building on the lands identified as Townhouse Building on
ZM-33, subject to the requirements of Section 23E; and (RC-Sep 29-
30/20;E-Dec 05/20)
(k)
uses accessory to any of the foregoing uses.
20(2)
No person shall in any R-1 Zone carry out, or cause or permit to be carried out, any
development for any purpose other than one or more of the uses set out in subsection
(1).
20(3)
No person shall in any R-1 Zone use or permit to be used any land or building in
whole or in part for any purpose other than one or more of the uses set out in
subsection (1).
Halifax Mainland Land Use By-law
Page 48
REQUIREMENTS
21
Buildings erected, altered or used for R-1 uses in an R-1 Zone shall comply with the
following requirements:
(a)
lot frontage minimum
50 feet except when a lot faces on the outer
side of a curve in the street, in which case the
min. frontage may be reduced to 30 feet
(b)
lot area minimum
5,000 square feet
(ba) Notwithstanding clause (b), the minimum lot area, for lots abutting an inland
watercourse in the "Mainland South Area", shall be 6,000 square feet;
(c)
lot coverage maximum
35 percent
(ca) height maximum
35 feet
(d)
Repealed (RC-Oct 11/22;E-Nov 16/22)
(e)
every building shall be at least 12 feet from any other building and at least 8
feet from the rear and both side lines of the lot on which it is situated and at
least 20 feet from any street line in front of such building
SINGLE DETACHED DWELLINGS IN THE PARKMOOR RIDGE
SUBDIVISION (RC-Sep 29-30/20;E-Dec 05/20)
(ea)
Notwithstanding the requirements specified in Section 21(a) up to and
including 21(e), single detached dwellings erected, altered or used within
the Parkmoor Ridge Subdivision, as identified on ZM-33, shall:
(1)
for single detached dwellings in the area identified as Single
Detached Dwellings - Compact Lots on ZM-33, comply with the
following requirements:
Lot frontage minimum:
34 feet, except on cul-de-sacs bulbs
where the minimum frontage may
be reduced by a maximum of 20%
Lot area minimum:
3,400 square feet
Lot coverage maximum:
40 percent
Height maximum:
35 feet
Front yard setback minimum: 20 feet
Rear yard setback minimum: 8 feet
Side yard setback minimum:
4 feet, and every building shall be
at
least 12 feet from any other
building
(2)
for single detached dwellings in the area identified as Single
Detached Dwellings - Moderate Lots on ZM-33, comply with the
following requirements:
Lot frontage minimum:
40 feet, except on cul-de-sacs bulbs
where the minimum frontage may
be reduced by a maximum of 20%
Lot area minimum:
4,000 square feet
Halifax Mainland Land Use By-law
Page 49
Lot coverage maximum:
40 percent
Height maximum:
35 feet
Front yard setback minimum: 20 feet
Rear yard setback minimum: 8 feet
Side yard setback minimum: 4 feet, and every building shall be
at least 12 feet from any other
building
ACCESSORY BUILDINGS
(f)
notwithstanding the provisions of clause (e), a carport or a detached or attached
non-commercial garage may be located not less than 4 feet from the rear and
both side lines of the lot on which it is situated and shall be located 8 feet from
any other building
(g)
notwithstanding the provisions of clause (f), any accessory building shall not
require any side or rear yard nor any setback from any other building if such
building is located entirely within the rear yard of the lot on which such
building is located; provided, however, that such accessory building shall not
be closer than 15 feet to any street line.
(ga) Notwithstanding the provisions of Subsection 21(d) (HWCC/NWCC-Apr
14/21;E-May 1/21), Backyard Suites are not subject to a minimum floor
coverage of (HWCC/NWCC-Apr 14/21;E-May 1/21)of living space. (RC-
Sep 1/20;E-Nov 7/20)
BUILDINGS ON CORNER LOTS
(h)
where a building is situated on a corner lot, it shall be at least 10 feet from the
flanking street line abutting such lot.
BOSCOBEL ROAD LOT SIZES
(i)
Notwithstanding the minimum lot area requirements specified in Section 21(b)
and 21(ba), the minimum lot area requirement for lots abutting or including the
wetland area between Boscobel Road and Purcell's Cove Road as specified on
Schedule A, shall be one acre, excepting those lots existing on the date of
adoption of this Section, and excepting civic number 290 Purcell's Cove Road.
BOARDERS AND LODGERS - BED AND BREAKFAST (Deleted: RC-Feb
21/23;E-Sep 1/23)
SIGNS
23
The exterior of any building in an R-l Zone shall not be used for the purpose of
advertising or erecting or maintaining any billboard or sign except the following:
(a)
one sign board not exceeding 6 square feet in size pertaining to the sale or rent
of the building or lot;
Halifax Mainland Land Use By-law
Page 50
(b)
one non-illuminated no-trespassing, safety, or caution sign not exceeding 1
square foot in size;
(c)
one non-illuminated sign not exceeding 1 square foot in area, indicating the
name and the occupation, profession or trade of the occupant of the building;
(d)
one bulletin board for a church;
(e)
a sign not exceeding 2 square feet in size for a day care facility (RC-Mar
3/09;E-Mar 21/09);
(f)
a non-illuminated sign not to exceed 6 square feet in size for a non-residential
building.
(g)
Deleted (RC-Feb 21/23;E-Sep 1/23)
DAY CARE FACILITIES
23A
Buildings erected, altered or used for a day care facility (RC-Mar 3/09;E-Mar
21/09)
shall comply with the following requirements:
(a)
Except for outdoor play space, any day care facility (RC-Mar 3/09;E-Mar
21/09) shall be wholly contained within a dwelling which is the principle
residence of the operator of the facility;
(b)
One off street parking space, other than that required for the dwelling, shall be
provided. The required parking space shall be eight feet wide by sixteen feet
long, and be exclusive of the front yard.
(c)
The day care facility (RC-Mar 3/09;E-Mar 21/09) shall be limited to a
maximum of one full storey of the dwelling; this storey may be the basement.
(d)
Only one day care facility (RC-Mar 3/09;E-Mar 21/09) shall be permitted to
be located on any lot.
23B
Notwithstanding the provisions of Sections 20(1)(i) and 23A (a-c) a day care facility
(RC-Mar 3/09;E-Mar 21/09) may be operated as an accessory use to a church,
church hall, or public recreation centre. The parking provisions contained in
Sections 11(1) and 11 (2) would apply.
23C
(Deleted)
SPECIAL CARE HOME - Deleted (RC-Aug 9/22;E-Sep 15/22)
23D
Deleted (RC-Aug 9/22;E-Sep 15/22)
TOWNHOUSE BUILDINGS IN THE PARKMOOR RIDGE SUBDIVISION
(RC-Sep 29-30/20;E-Dec 05/20)
23E(1)
Notwithstanding Section 21, townhouse buildings erected, altered or used on the
lands near Parkmoor Avenue, as identified as Townhouse Buildings on ZM-33,
shall comply with the following requirements:
(a)
A maximum of four units are permitted per townhouse building;
(b)
Lot frontage minimum:
20 feet per unit
Halifax Mainland Land Use By-law
Page 51
(c)
Lot area minimum:
1,615 square feet per unit
(d)
Lot coverage maximum:
40 percent, provided that this
regulation shall be applied as if the
lot was subdivided into as many
lots as townhouses
(e)
Height maximum:
35 feet
(f)
Front yard setback minimum:
10 feet
(g)
Rear yard setback minimum:
25 feet
(h)
Side yard setback minimum:
10 feet, or 0 feet where units share
a
common wall
(i)
Building separation minimum:
12 feet between buildings
(j)
Deleted (RC-Aug 22/23;E-Sep 28/23)
SUBDIVISION OF A TOWNHOUSE BUILDING (RC-Sep 29-30/20;E-Dec
05/20)
(2)
A townhouse building erected, altered or used on the lands near
Parkmoor Avenue, as identified as Townhouse Buildings on ZM-33, may
be subdivided so that each townhouse is on its own lot, provided that the
minimum requirements of Section 23E are met. Furthermore, no side
yard shall be required along the common lot boundary dividing the
townhouse building.
ACCESSORY BUILDINGS ON TOWNHOUSE LOTS (RC-Sep 29-30/20;E-
Dec 05/20)
(3)
Any accessory building on the lands near Parkmoor Avenue, as identified
as Townhouse Buildings on ZM-33, shall not require any side yard or rear
yard, provided such building is located entirely within the rear yard of
the lot on which such building is located.
(4)
Where an accessory building is situated on a corner lot, it shall be at least
10 feet from the flanking street line abutting such lot.
Schedule "A" (next page)
Area to which Section 21(i) applies.
Halifax Mainland Land Use By-law
Page 52
SCHEDULE A
Halifax Mainland Land Use By-law
Page 53
R-2 ZONE:
TWO-FAMILY DWELLING ZONE
24(1)
The following uses shall be permitted in any R-2 Zone:
(a)
all R-1 Zone uses;
(b)
a semi-detached dwelling;
(c)
a duplex dwelling;
(ca) a building containing not more than 3 apartments on the 3-unit Dwelling
Site identified on ZM-26, subject to the requirements of Section 28C. (RC-
Jun 10/14;E-Jul 26/14)
(d)
(Deleted)
(e)
(Deleted)
(f)
in the "Fairview Area", conversions of existing buildings used for
institutional purposes to a maximum of 4 units, provided that the height and
floor area of the building are not increased.
(fa)
a shared housing use with 10 or fewer bedrooms in conjunction with a
permitted dwelling unit. (RC-Aug 9/22;E-Sep 15/22)
(g)
uses accessory to any of the foregoing uses.
24(2)
No person shall, in any R-2 Zone, carry out, or cause or permit to be carried out, any
development for any purpose other than one or more of the uses set out in subsection
(1)
24(3)
No person shall, in any R-2 Zone, use or permit to be used any land or building in
whole or in part for any purpose other than one or more of the uses set out in
subsection (1)
24(4)
(Deleted)
R-1 USES IN R-2 ZONE
25
Buildings erected, altered or used for R-1 uses in an R-2 Zone shall comply with the
requirements of an R-1 Zone.
25A
(Deleted)
REQUIREMENTS
26
Buildings erected, altered or used for R-2 uses in an R-2 Zone shall comply with the
following requirements:
(a)
Lot frontage minimum 50 feet except when a lot faces on the outer side of a
curve in the street, in which case the minimum frontage may be reduced to 30
feet
Halifax Mainland Land Use By-law
Page 54
(b)
Lot area minimum 5,000 square feet
(ba) Notwithstanding clause (b), the minimum lot area for lots abutting an inland
watercourse in the "Mainland South Area", shall be 6,000 square feet;
(c)
Lot coverage maximum 35 percent
(ca) The maximum height shall be 35 feet
(d)
Repealed (RC-Oct 11/22;E-Nov 16/22)
(e)
Every building shall be at least 12 feet from any other building and at least 8
feet from the rear and both side lines of the lot on which it is situated and at
least 20 feet from any street line in front of such building;
ACCESSORY BUILDINGS
(f)
Notwithstanding the provisions of clause (e), a carport or a detached or attached
non-commercial garage may be located not less than 4 feet from the rear and
both side lines of the lot on which it is situated and shall be located 8 feet from
any other building;
(g)
Notwithstanding the provisions of clause (f), any accessory building shall not
require any side or rear yard nor any setback from any other building if such
building is located entirely within the rear yard of the lot on which such
building is located; provided, however, that such accessory building shall not
be closer than 15 feet to any street line.
(ga) Notwithstanding the provisions of Subsection 26(d) (HWCC/NWCC-Apr
14/21;E-May 1/21), Backyard Suites are not subject to a minimum floor
coverage of living space. (RC-Sep 1/20;E-Nov 7/20)
BUILDINGS ON CORNER LOTS
(h)
Where a building is situated on a corner lot, it shall be at least 10 feet from the
flanking street line abutting such lot;
SEMI-DETACHED DWELLINGS
(i)
Notwithstanding the provisions of other requirements:
(1)
For each unit of a semi-detached dwelling, the minimum lot frontage
shall be 25 feet, the minimum lot area shall be 2,500 square feet, and the
maximum lot coverage shall be not greater than 35 percent.
(2)
Subject to (2A), (HWCC-Feb 22/22;E-Mar 12/22) every semi-
detached dwelling shall be at least 12 feet from any other building and at
least 8 ft. from the rear and side lines of the lot on which it is situated
and at least 20 ft. from any street line in front of such dwelling.
(2A) Every semi-detached dwelling in the "Mainland South Area" shall be
at least 8 feet from any other building and at least 4 feet from side
lines of the lot on which it is situated. (HWCC-Feb 22/22;E-Mar
12/22)
Halifax Mainland Land Use By-law
Page 55
(3)
Where a semi-detached dwelling is situated on a corner lot, such dwelling
and accessory buildings or uses shall be at least 10 feet from the flanking
street line abutting such lot.
(4)
Notwithstanding subsection (2) and (2A) (HWCC-Feb 22/22;E-Mar
12/22) where a lot containing a semi-detached dwelling is to be or has
been subdivided so that each unit is on its own lot, there shall be no
setback required from the common lot boundary.
DAY NURSERY
(j)
(Deleted)
(k)
(Deleted)
BOARDERS AND LODGERS (Deleted: RC-Feb 21/23;E-Sep 1/23)
SIGNS
28
The exterior of any building in an R-2 Zone shall not be used for the purpose of
advertising or erecting or maintaining any billboard or sign except the following:
(a)
one sign board not exceeding 6 square feet in size pertaining to the sale or rent
of the building or lot;
(b)
one non-illuminated no-trespassing, safety, or caution sign not exceeding one
square foot in size;
(c)
one non-illuminated sign not exceeding one square foot in area, indicating the
name and the occupation, profession or trade of the occupant of the building;
(d)
one bulletin board for a church.
(e)
A sign not exceeding two square feet in size for a day care facility. (RC-Mar
3/09;E-Mar 21/09)
DAY NURSERY - ADDITIONAL CHILDREN PROVISION
28A
(Deleted)
28B
(Deleted)
28C
Notwithstanding Section 26, any building permitted by clause 24(1)(ca) shall
comply with the following requirements:
(a)
Lot frontage minimum of 45 feet;
(b)
Lot area minimum of 4,500 square feet;
(c)
Lot coverage maximum of 35 percent;
(d)
The maximum height shall be 30 feet;
(e)
The maximum number of storeys shall be 2;
(f)
The minimum front yard setback shall be 15 feet;
(g)
The minimum side yard setback shall be 10 feet; and
(h)
The minimum rear yard setback shall be 20 feet.
Halifax Mainland Land Use By-law
Page 56
(RC-Jun 10/14;E-Jul 26/14)
Halifax Mainland Land Use By-law
Page 57
R-2P ZONE:
GENERAL RESIDENTIAL ZONE
28AA(1) The following uses shall be permitted in any R-2P Zone:
(a)
all R-1 and R-2 uses;
(b)
buildings containing not more than 4 apartments;
(Also note Section 28AE)
(ba)
shared housing use with 10 or fewer bedrooms in conjunction with a
permitted dwelling unit; (RC-Aug 9/22;E-Sep 15/22)
(c)
uses accessory to any of the foregoing uses.
28AA(2) No person shall, in any R-2P Zone, carry out, or cause or permit to be carried out, any
development for any purpose other than one or more of the uses set out in Subsection
(1)
28AA(3) No persons shall, in any R-2P Zone, use or permit to be used any land or building in
whole or in part for any purpose other than one or more of the uses set out in
Subsection (1).
REQUIREMENTS
28AB(1)
Buildings erected, altered or used for R-1, R-2 and R-2P in an R-2P Zone shall comply
with the following requirements:
Minimum
Minimum
Minimum
Lot Frontage
Lot Area
Side Yard
(ft.)
(sq. ft.)
(ft.)
_____________________________________________________________________________
R-1 Use
40
4000
4
Duplex
Semi-detached Dwelling
50
5000
5
3 and 4 Unit Apt Building
60
6000
6
_____________________________________________________________________________
28AB(2)
Front yard shall be 15 feet minimum;
Rear yard shall be 20 feet minimum.
28AB(3)
Lot coverage shall be 35% maximum.
28AB(4)
Height shall be 35 feet maximum.
Halifax Mainland Land Use By-law
Page 58
SEMI-DETACHED DWELLING (HWCC-Dec 14/16;E-Dec 31/16)
28AB(5) (1)
For each unit of a semi-detached dwelling, the minimum lot frontage shall
be 25 feet, the minimum lot area shall be 2,500 square feet, and the
maximum lot coverage shall be not greater than 35 percent.
(2)
Notwithstanding section 28AB(2), every semi-detached dwelling shall be
at least 8 ft. from the rear lot lines of the lot on which it is situated and at
least 20 ft. from any street line in front of such dwelling. (HWCC-Sep
12/17;E-Sep 30/17)
(3)
Where a semi-detached dwelling is situated on a corner lot, such dwelling
and accessory buildings or uses shall be at least 10 feet from the flanking
street line abutting such lot. (HWCC-Sep 12/17;E-Sep 30/17)
(4)
Notwithstanding subsection (2) where a lot containing a semi-detached
dwelling is to be or has been subdivided so that each unit is on its own lot,
there shall be no setback required from the common lot boundary.
INTERNAL CONVERSION TO DUPLEX
28AC
A building in existence on or before the 11th of May, 1950 may be converted into a
duplex dwelling provided that the building, after conversion, complies with the
following:
(a)
a duplex dwelling containing up to and including five habitable rooms shall
require a lot containing an area of not less than 3,300 sq.ft.
(b)
a duplex dwelling containing six to eight habitable rooms shall require a lot
containing an area of not less than 4,000 sq.ft.
(c)
Lot coverage - maximum lot coverage shall be 35 percent.
28AD
Notwithstanding the provisions of Section 28AB, the requirements of Sections 26(f)
and (g), 27 and 28 above shall apply. (HWCC-Dec 14/16;E-Dec 31/16)
MAINLAND SOUTH - FOUR UNITS
28AE
Notwithstanding Section 28AA(1)(b) of this by-law, apartments containing a
maximum of four units may be permitted in the "Mainland South Area" provided
that, of the total number of dwelling units in the building, there is a minimum of one
two-bedroom unit for each bachelor or one-bedroom unit.
Halifax Mainland Land Use By-law
Page 59
R-2T ZONE:
TOWNHOUSE ZONE
28AJ(1)
The following uses shall be permitted in any R-2T zone:
(a)
R-1 and R-2 uses;
(b)
townhouse building;
(ba) shared housing use with 10 or fewer bedrooms in conjunction with a
permitted dwelling unit; (RC-Aug 9/22;E-Sep 15/22)
(c)
uses accessory to any of the foregoing uses.
28AJ(2)
No person shall in any R-2T zone, carry out, or cause or permit to be carried out, any
development for any purpose other than one or more of the uses set out in subsection
(1).
28AJ(3)
No person shall in any R-2T zone use or permit to be used any land or building in
whole or in part for any purpose other than one or more of the uses set out in
subsection(1).
SIGNS
28AK
No person shall in any R-2T zone erect, place or display any billboard or sign except
those permitted in R-1 zones.
REQUIREMENTS
28AL(1)
Buildings erected, altered or used for R-1 or R-2 uses in an R-2T zone shall comply
with the requirements of the R-1 and R-2 zones respectively.
28AL(2)
Buildings erected, altered, or used as a townhouse building shall comply with the
following requirements:
(a)
Minimum lot frontage 18 feet per townhouse, plus 20 feet
(b)
Minimum lot area
1,800 sq.ft. per townhouse plus 2,000 sq.ft.
(c)
Maximum height
35 feet
(d)
Maximum lot coverage 40 percent, provided that this regulation shall be
applied as if the lot was subdivided into as many lots
as townhouses
(e)
Minimum front yard
15 feet
(f)
Mean rear yard
20 feet
(g)
Minimum side yard
10 feet
28AM
SUBDIVISION OF TOWNHOUSE BUILDING
(a)
A townhouse building may be subdivided so that each townhouse is on its own
lot, provided that the minimum requirements of Section 28AL(2) are met.
Furthermore, no side yard shall be required along the common lot boundary
dividing the townhouse building.
Halifax Mainland Land Use By-law
Page 60
(b)
Notwithstanding Section 28AL(2)(a) for townhouse buildings existing on the
date of adoption of this provision, the townhouse building may be subdivided
so that each townhouse is on its own lot, provided that each lot has at least 10
feet of frontage on a street. Furthermore, no side yard shall be required along
the common boundary dividing the townhouse building.
ACCESSORY BUILDINGS
28AN
(a)
Any accessory building shall not require any side yard or rear yard if such
building is located entirely within the rear yard of the lot on which such
building is located.
(b)
Where an accessory building is situated on a corner lot, it shall be at least 10
feet from the flanking street line abutting such lot.
Halifax Mainland Land Use By-law
Page 61
R-2TA ZONE: DUTCH VILLAGE ROAD TOWNHOUSE ZONE (RC-
Oct 4/16;E-Nov 26/16)
28AO(1) The following uses shall be permitted in any R-2TA zone:
(a)
R-1 and R-2 uses;
(b)
townhouse building;
(c)
stacked townhouse building;
(d)
existing apartment house buildings;
(da) shared housing use with 10 or fewer bedrooms in conjunction with a
permitted dwelling unit; (RC-Aug 9/22;E-Sep 15/22)
(e)
home occupation uses, except:
(i)
the preparation and sale of food,
(ii)
the keeping of animals,
(iii) adult entertainment uses, and
(iv) taxi dispatch;
(f)
daycare facilities; and
(g)
uses accessory to any of the foregoing uses.
28AO(2) No person shall in any R-2TA zone, carry out, or cause or permit to be carried
out, any development for any purpose other than one or more of the uses set out
in subsection (1).
28AO(3) No person shall in any R-2TA zone use or permit to be used any land or building
in whole or in part for any purpose other than one or more of the uses set out in
subsection (1).
SIGNS
28AP
No person shall in any R-2TA zone erect, place or display any billboard or sign
except those permitted in the R-1 zone.
REQUIREMENTS
28AQ(1) Buildings erected, altered or used for R-1 or R-2 uses in an R-2TA zone shall
comply with the requirements of the R-1 and R-2 zones respectively.
28AQ(2) Buildings erected, altered, or used as a townhouse building shall comply with the
following requirements:
(a)
Minimum lot frontage
6 m per unit
(b)
Minimum lot area
150 m2 per unit
(c)
Maximum height
As shown on ZM-32, Plan
Dutch Village Road Height
Map
(d)
Maximum lot coverage
40 percent
(e)
Minimum front yard
6 m where parking is
Halifax Mainland Land Use By-law
Page 62
provided in the front yard.
This may be reduced to 3 m
if parking is located in the
rear yard.
(f)
Minimum rear yard
7.5 m. Where parking is
located in the rear yard, the
minimum rear yard setback
shall be 9m
(g)
Minimum side yard
3 m for end units
(h)
Minimum number of units
3 units
(i)
Maximum number of units
8 units
(j)
Deleted (RC-Aug 22/23;E-Sep 28/23)
(k)
All units shall have a front door that faces the street or driveway.
28AQ(3) Buildings erected, altered, or used as a stacked townhouse building shall comply
with the following requirements:
(a)
Minimum lot frontage
4.5 m per unit
(b)
Minimum lot area
100 m2 per unit
(c)
Maximum height
As shown on ZM-32, Plan
Dutch Village Road Height
Map
(d)
Maximum lot coverage
40 percent
(e)
Minimum front yard
6m where parking is
provided in the front yard.
This may be reduced to 3 m
if parking is located in the
rear yard.
(f)
Minimum rear yard
7.5 m. Where parking is
located in the rear yard, the
minimum rear yard setback
shall be 9m
(g)
Minimum side yard
4.5 m for end units
(h)
Minimum number of units
6
(i)
Maximum number of units
16 units
(j)
All units shall have a front door that faces the street or driveway.
SUBDIVISION OF TOWNHOUSE BUILDING
28AR (1) A townhouse building may be subdivided so that each townhouse is on its own
lot, provided that the minimum requirements of Section 28AQ(2) are met.
Furthermore, no side yard shall be required along the common lot boundary
dividing the townhouse building.
28AR(2) Notwithstanding Section 28AQ(2)(a) and 28AQ(2)(e) for townhouse buildings
existing on the date of adoption of this provision, the townhouse building may be
subdivided so that each townhouse is on its own lot, provided that each lot has at
Halifax Mainland Land Use By-law
Page 63
least 3 m of frontage on a street. Furthermore, no side yard shall be required
along the common boundary dividing the townhouse building.
ACCESSORY BUILDINGS
28AS(1)
Any accessory building shall not require any side yard or rear yard if such
building is located entirely within the rear yard of the lot on which such building
is located.
28AS(2)
Where an accessory building is situated on a corner lot, it shall be at least 3
metres from the flanking street line abutting such lot.
28AS(3)
No accessory building shall be located within the front yard.
BUILDING FACADES FOR TOWNHOUSE AND STACKED TOWNHOUSE
BUILDINGS
28 AT(1) A minimum of 30% of front wall areas shall be windows or doors.
28 AT(2) Townhouses shall have one of the following:
(a)
horizontal variation between dwelling units through such devices as
changes in colour, material, projections and recesses of 0.5 m.; or
(b)
vertical variation between dwelling units through such devices as changes
in colour, material, projections and recesses of 0.5 m.
28 AT(3) Variations that project less than 0.75 m will not affect set back requirements.
The addition beyond 0.75 m requires an equal addition to setback requirements.
LANDSCAPED OPEN SPACE AND AMENITY SPACE
28 AU(1) Townhouse and stacked townhouse buildings shall provide a minimum of 35%
landscaped open space per site, with a minimum of 14m2 of outdoor amenity
space per unit.
28 AU(2) Outdoor amenity space may be in the form of or any combination of, any front
yard, rear yard, side yard, deck, balcony, terrace or patio.
UTILITIES, SERVICING AND ACCESSORY BUILDINGS
28 AV
Any utility connections, fill pipes, exhaust vents, central air conditioning units
and water meters located in the front yard shall be screened from the street by
landscaping, solid board fencing, a decorative wall or an architectural feature.
Fuel tanks shall be located within the front yard.
Halifax Mainland Land Use By-law
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HOME OCCUPATIONS
28 AW
Notwithstanding clause 14B, where home occupations are permitted in the R-
2TA Zone, such home occupation shall comply with the following:
(a)
No person who is not a resident of the dwelling unit shall be the proprietor
of a home occupation;
(b)
Only one home occupation shall be permitted per dwelling unit;
(c)
Such home occupations shall not occupy more than 50 percent of the floor
area of the dwelling unit;
(d)
No interior or exterior alterations or additions shall be permitted not
normally associated with a dwelling;
(e)
Except for goods manufactured on the premises, no goods shall be
displayed or sold on the premises;
(f)
The home occupation shall be conducted in such a way that it shall not be
apparent from the outside of the dwelling that it is used for anything other
than a residence;
(g)
There shall be no display of goods visible from the outside, or outside
storage of equipment or material;
(h)
Only one commercial vehicle, not exceeding 2,722 kilograms gross vehicle
weight, shall be parked on the premises in connection with the home
occupation;
(i)
The commercial vehicle permitted under clause (h) may contain the name,
address, telephone number and occupation, profession or trade of the
proprietor of the home occupation, which information shall be non-
illuminated;
(j)
The home occupation shall not create any noise, dust, vibration, smell,
smoke, glare, electrical interference, fire hazard, traffic, or any such
similar nuisance not normally associated with a dwelling;
(k)
Deleted (RC-Feb 21/23;E-Sep 1/23)
(l)
Deleted (RC-Feb 21/23;E-Sep 1/23)
EXISTING APARTMENT HOUSE BUILDING
28 AX
Existing apartment house buildings are permitted subject to the provisions of the
R-2AM Zone.
Halifax Mainland Land Use By-law
Page 65
R-2AM ZONE: GENERAL RESIDENTIAL CONVERSION ZONE
28BA(1)
The following uses shall be permitted in any R-2AM Zone:
(a)
R-1, R-2, R-2P and R-2T uses;
(b)
stacked attached housing to a maximum of 14 units;
(c)
apartment house to a maximum of 14 units;
(ca) shared housing use with 35 or fewer bedrooms; (RC-Aug 9/22;E-Sep
15/22)
(d)
additions to buildings existing on September 17, 1987 to a maximum of 14
units or 35 bedrooms (RC-Aug 9/22;E-Sep 15/22), provided that the area of
ground covered by the addition is not greater than the area covered by the
existing building and provided that the lot coverage is not greater than 40
percent; and
(e)
uses accessory to any of the foregoing uses.
28BA(2)
No person shall in any R-2AM Zone carry out, or cause or permit to be carried out,
any development for any purpose other than one or more of the uses set out in
Subsection (1)
28BA(3)
No person shall in any R-2AM Zone use or permit to be used any land or building in
whole or in part for any purpose other than one or more of the uses set out in
Subsection (1)
SIGNS
28BB
No persons shall in any R-2AM Zone erect, place or display any billboard or sign
except those permitted in R-1 Zones or in accordance with Section 30 below.
R-1 USES IN R-2AM ZONE
28BC(1)
Buildings erected, altered or used for R-1 uses in an R-2AM Zone shall comply with
the requirements of the R-1 zone, with the following exceptions:
(a)
Minimum lot area 4,000 square feet;
(b)
Minimum lot frontage 40 feet, except when a lot faces on the outer side of a
curve in the street, in which case the minimum frontage may be reduced to 30
feet;
(c)
Minimum side yard 4 feet.
R-2, R-2P AND R-2T USES IN R-2AM ZONE
28BC(2)
Buildings erected, altered or used for R-2 , R-2P or R-2T uses in an R-2AM Zone
shall comply with the requirements of their respective zones.
Halifax Mainland Land Use By-law
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R-2AM USES
28BC(3)
Buildings erected, altered or used for R-2AM uses in an R-2AM Zone shall comply
with the following requirements:
(a)
Lot frontage shall be 75 feet minimum;
(b)
Lot area shall be 7,500 sq. ft. minimum;
(c)
Side yard shall be 12 feet minimum;
(d)
Front yards shall be 15 feet minimum; and
(e)
Rear yards shall be 20 feet minimum.
HEIGHT
28BD
Height shall be 35 feet maximum and the maximum height of additions shall be 35 ft.
but under no circumstances shall a permitted addition exceed the established height
of the existing building.
SIDE AND FRONT ADDITIONS
28BE
Additions and structural changes to existing buildings shall not be permitted on any
front or side portion of a building facing a street and will be limited to the rear of the
building and the rear two-thirds of the side of the building.
28BF(1)
Notwithstanding the provisions of this by-law, the city may permit infill development
that would not be permitted under the provisions of this by-law provided that the
following special conditions are satisfied:
SPECIAL CONDITION
DEVELOPMENT PERMITTED
a)
if the existing building
is a full storey lower than
the average number of
storeys of the existing
residential buildings in the
immediate neighbourhood;
the number of storeys may be increased to, but not
exceed, the average number of storeys of the
existing residential buildings in the immediate
neighbourhood provided that the height of the
building shall not exceed 35 ft.
b)
if the area of ground
covered by an existing
building is less than 60
percent of the average area
of ground covered by
existing residential buildings
in the immediate
neighbourhood;
the total area of ground covered by the existing
building may be increased to twice the average
area of ground covered by existing residential
buildings in the immediate neighbourhood,
provided that the lot coverage does not exceed 40
percent.
c) if the existing building
setback is greater than half
the lot depth;
additions may be constructed to the front of an
existing building as outlined in Section 43AF of
this by-law.
d) if an existing building
on a corner lot is greater in
additions to the top rear portion of the building
may be constructed provided the addition does not
Halifax Mainland Land Use By-law
Page 67
height at the front of the
building than at the rear of
the building
exceed the height of the front of the building or a
maximum height of 35 ft.
28BF(2)
The "immediate neighbourhood" shall consist of:
(a)
if the building is located at mid-block, all existing residential buildings located
on the four lots on each side, the lots in the rear which share the same lot line,
and the corresponding lots on the opposite side of the street.
(b)
if the building is located on a corner lot, all existing residential buildings
located on the four lots immediately adjacent, the lots in the rear which share
the same lot line, and the corresponding lots on the opposite side of the abutting
streets.
28BF(3)
It is the responsibility of the applicant to provide all drawings, figures, calculations
and any other information deemed necessary by the city to demonstrate that the
building in question is anomalous and deserves consideration under this section of the
by-law.
R-2AM USES IN R-3, C-2A AND C-2B ZONES
28BG
R-2AM uses permitted in the R-3 Zone by Section 28CA, in the C-2A Zone by Section
38B and in the C-2B Zone by Section 38AB shall comply with the requirements of
the R-2AM Zone except Section 28BE.
9 AND 11 ALMA CRESCENT
28BH
Notwithstanding Section 28BA(1), the property at civic number 9 Alma Crescent may
be consolidated with the property at civic number 11 Alma Crescent and the existing
21 unit apartment shall be recognized as a permitted use by this by-law; provided that
the use complies with all the requirements of the R-3 Zone.
Halifax Mainland Land Use By-law
Page 68
R-3 ZONE:
GENERAL RESIDENTIAL AND LOW-RISE
APARTMENT
28CA(1)
The following uses shall be permitted in any R-3 Zone:
(a)
R-1, R-2, R-2T and R-2AM uses;
(b)
stacked-attached housing;
(c)
apartment house of four storeys or less;
(ca) day care facility (RC-Mar 3/09;E-Mar 21/09);
(cb) shared housing use of four storeys or less; (RC-Aug 9/22;E-Sep 15/22)
(d)
uses accessory to any of the foregoing uses.
28CA(2)
No person shall in any R-3 Zone carry out, or cause or permit to be carried out, any
development for any purpose other than one or more of the uses set out in subsection
(1).
28CA(3)
No person shall in any R-3 Zone use or permit to be used any land or building in
whole or in part for any purpose other than one or more of the uses set out in
subsection (1).
28CB
No person shall in any R-3 Zone, erect, place or display any billboard or sign except
those permitted in R-1 Zones.
R-1, R-2, R-2T AND R-2AM USES IN R-3 ZONE
28CC(1)
Buildings erected, altered or used for R-1, R-2, R-2T or R-2AM uses in an R-3 Zone
shall comply with the requirements of their respective zones, with the exception of
stacked attached housing.
STACKED ATTACHED HOUSING
28CD
Buildings erected, altered or used for stacked attached housing in an R-3 Zone, shall
comply with the following requirements:
28CD(1)
The minimum distance between the rear lot line and every building shall be at least
20 feet.
28CD(2)
The maximum lot coverage shall be 50 percent.
28CD(3)
The maximum height shall be 50 feet.
28CD(4)
Each dwelling unit shall have a minimum of 175 square feet of exterior open space
accessible directly from the unit.
Halifax Mainland Land Use By-law
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28CD(5)
One separately accessible parking space at least 9 feet by 20 feet shall be provided for
each stacked-attached unit, exclusive of the area of the front yard and entrance or
driveway leading to such building.
28CD(6)
The lot frontage shall be 60 feet.
28CD(7)
The minimum lot area shall be 6,000 square feet.
28CD(8)
The minimum side yard shall be 15'.
FOUR STOREY APARTMENTS
28CE
Apartment buildings of four (4) storeys or less and not exceeding 50 feet in height
shall be permitted in an R-3 Zone provided the following requirements are complied
with:
MINIMUM LOT AREA
28CE(1)
The minimum lot area upon which such building is located shall be 6,000 square feet
with a minimum continuous street frontage of at least 60 feet on one street;
DISTANCE FROM LOT LINES - 80̊ ANGLE
28CE(2)
(a)
The distance from any part of such building and any official street line or lines
abutting upon such lot shall be no less than 20 feet measured at right angles to
any such official street line or lines; provided, however, that such distance may
be reduced to not less than 10 feet measured at right angles to any such official
street line or lines if that part of the building which is less than 20 feet from any
such official street line or lines is entirely contained within the arms of an 80
degree horizontal angle as determined in subsection (3) of this section;
(b)
The distance from any part of such building and any lot line of such lot other
than an official street line shall be not less than 10 feet measured at right angles
to such a lot line;
(c)
All windows and doors serving habitable rooms in such building shall be
located not less than 10 feet from any lot line of such lot measured at right
angles to such lot line;
SIZE OF BUILDING - 60̊ ANGLE
28CE(3)
(a)
Subject to the provisions of subsection (2), such building or any part thereof
shall not project beyond the angular planes determined by constructing such
angular planes over such lot:
(i)
From each lot line at natural or finished ground level, whichever is the
lower, at a vertical angle of 60 degrees above the horizontal and measured
perpendicular to such lot line or, in the case of a curved lot line,
perpendicular to the tangents of all points of such lot lines; provided,
however, that where the natural ground at the lot line is more than 5 feet
Halifax Mainland Land Use By-law
Page 70
above the finished ground level established at any point on the wall
opposite the lot line and where the horizontal distance to the face of any
part of such wall or its vertical projection is less than 50 feet, the angular
planes shall be constructed over the lot from all points on the intersections
of the vertical projection of the lot line and the horizontal projection of
the finished ground level; or
(ii)
In the case where a lot line of such lot coincides with an official street
line, from the center line of such street or from any intervening line
parallel to such center line provided, however, that:
(A) the distance from the line on which the plane is constructed and the
lot line does not exceed 30 feet; and
(B) the vertical angle of 60 degrees is constructed perpendicular to the
line on which the plane is constructed or, in the case of a curved
line, perpendicular to the tangents of all points of the curved line.
(b)
Notwithstanding the provisions of clause (a) of subsection (3) and subject to the
provisions of subsection (2), any part of such building may project beyond any
prescribed 60 degree angular plane if:
(i)
The projection through the plane subtends a horizontal angle not
exceeding 80 degrees formed by lines drawn from a point on the line on
which the 60 degree angular plane constructed opposite to the center of
the projection; and
(ii)
The extremities of the projection are enclosed by the arms of such 80
degree horizontal angle.
DISTANCE BETWEEN EXTERNAL WALLS - 85̊ ANGLE
28CE(4)
(a)
For the purposes of this subsection:
(i)
"Base line" means, in the case of a wall rising from the ground, the natural
or finished level of the ground adjoining the base of the wall, whichever
is lower, and in all other cases means the lowest line of the wall above
the natural or finished level of the ground, whichever is lower;
(ii)
A wall supported by construction above posts, pillars, or other open
construction shall be deemed to rise from the ground, and the base line of
the wall shall be deemed to be the line on which the projection downward
of the face of the wall meets the natural or finished level of the ground,
whichever is lower;
(iii) Where external walls are not parallel to each other but the angle of
divergence does not exceed 85 degrees, such walls shall be deemed to
face each other.
DISTANCE BETWEEN EXTERNAL WALLS - 65̊ ANGLE
(b)
The provisions of this subsection (4) shall only apply if any part of such
building is erected with the arms of horizontal angles of 65 degrees constructed
outwards at the natural level of the ground, from the nearest extremities of
external walls that face each other; provided, however, that where the two
extremities of one such wall are, respectively equidistant from the opposite
Halifax Mainland Land Use By-law
Page 71
extremities of the other wall or where the two extremities of one wall are
equidistant from the nearest extremity of the other wall, the 65 degree
horizontal angle may be constructed from either pair of equidistant extremities;
MINIMUM 50 FOOT SEPARATION BETWEEN WALLS - 40̊ ANGLE
(c)
The distance between any external walls of such building that face each other
shall be not less than 50 feet, and any part of such building shall not project
beyond any of the angular planes outwards from the base line of each such
external facing wall of each part of such building at a vertical angle of 40
degrees above the horizontal and measured perpendicular to such base line or,
in the case of a curbed base line, perpendicular to the tangents of all points of
such curved base line;
EXTERIOR FACING WALLS - NO WINDOWS - NO HABITABLE ROOMS
(d)
Where two external walls of such building face each other and neither wall
contains any door or window serving a habitable room, the provisions of clause
(c) of this subsection shall not apply but the distance between such walls shall
not be less than six feet.
BALCONIES, CORNICES, EAVES, AND CANOPIES
28CE(5)
(a)
Notwithstanding the provisions of Subsections (3) and (4) of this section,
separate individual balconies, which are open on three sides, cornices, eaves
and canopies, may project through the angular planes as determined in such
subsections; provided, however, that any part of such balcony, cornices or
eaves, shall be not less than 10 feet from any lot line of such lot;
(b)
Notwithstanding clause (a); of subsection (5), canopies may project to within 5
ft. of the street line.
28CF
A lot on which there is a building used as an apartment house or shared housing use
with greater than 10 bedrooms (RC-Aug 9/22;E-Sep 15/22) shall comply with the
following requirements:
DENSITY
28CF(1)
The population density of such building on the lot shall not exceed 75 persons per
acre.
OPEN SPACE
28CF(2)
Open space on such lot shall be provided as follows:
(a)
150 sq.ft. for each bachelor unit or bedroom in a shared housing use (RC-
Aug 9/22;E-Sep 15/22)
275 sq.ft. for each one-bedroom unit
Halifax Mainland Land Use By-law
Page 72
575 sq.ft. for each two-bedroom unit
950 sq.ft. for each three-bedroom unit
1,325 sq.ft. for each unit containing four or more bedrooms
(b)
At least 80 percent of the open space required in clause (a) shall be landscaped
open space, and the roof or any portion therefor of any part of such building
that has no residential accommodation included below such roof or portion
thereof may be calculated as landscaped open space, provided that:
(i)
no part of such roof is more than 5 feet above the ground level of at least
one lot line of such lot; and
(ii)
such roof or portion thereof is capable of being used as landscaped open
space.
(c)
Section 28CF shall be applied to the combined occupancy of all the buildings
on the lot.
28CG
(Deleted)
DRIVEWAY ACCESS
28CH(1)
In the "Bedford Highway Area" one vehicle access point shall be permitted to the
Highway from each lot with 100 feet of frontage or less and two vehicle access points
shall be permitted for each lot with frontage greater than 100 feet.
28CH(2)
For the purpose of Subsection (1) the vehicle access point shall not exceed 35 feet in
width and shall be defined by curbing, planting, or a similar device that will not
obstruct the view of traffic.
UNIT MIX - MAINLAND SOUTH
28CI
An apartment house which is located in the "Mainland South Area", shall be
required to provide one two-bedroom unit for every three bachelor and/or one
bedroom units.
YARDS, LANDSCAPING AND SCREENING - MAINLAND SOUTH
(HWCC-Jul 25/17;E-Aug 12/17)
28CJ
For properties zoned R-3 on or after the effective date of this section, in the
Mainland South area, the following shall apply to new apartment houses:
(a)
Notwithstanding Section 28CE(2)(b), the minimum side or rear yard
abutting any low-density and medium-density residential uses (R-1, R-2,
R-2T or R-2P uses) shall be twenty (20) feet and shall otherwise adhere
to the angular planes indicated in Sections 28CE(2) and 28CE(3);
(b)
The minimum 20 foot side or rear yard abutting any low-density and
medium-density residential uses shall consist of a landscaped area which
provides visual screening and which may include opaque fencing
measuring a minimum of six feet in height. The landscaped area may
include pedestrian walkways, landscaped open space and recreational
Halifax Mainland Land Use By-law
Page 73
space but shall not include vehicular driveways, parking or loading
spaces, storage or refuse containers or any buildings.
COMMERCIAL USES (HWCC-Jul 5/17;E-Aug 12/17)
28CK
Notwithstanding Section 28CA(1), an apartment house or shared housing use
(RC-Aug 9/22;E-Sep 15/22) which fronts on Herring Cove Road may include
those commercial uses which are permitted in Section 34AA(1)(c) as well as
offices, provided that:
(a)
The commercial uses shall be located on the ground-floor and limited to
a maximum of 2,000 square feet of gross commercial floor area;
(b)
Exterior access to commercial uses shall be separate from any access to
residential uses;
(c)
One sign shall be permitted for each commercial use and such sign shall
not exceed 3 feet in height and shall be limited to the space immediately
above the ground-floor store windows. Such sign(s) shall be either non-
illuminated, illuminated from the front or those with back-lighted
lettering; and
(d)
Vehicular parking for commercial uses shall be provided pursuant to
Section 9(d) in addition to parking required for residential uses.
Notwithstanding Section 14, no loading space shall be required.
Halifax Mainland Land Use By-law
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R-4 ZONE:
MULTIPLE DWELLING ZONE
29(1)
The following uses shall be permitted in any R-4 Zone:
(a)
R-1, R-2 and R-2T uses;
(b)
shared housing use (RC-Aug 9/22;E-Sep 15/22);
(c)
Deleted (RC-Aug 9/22;E-Sep 15/22);
(d)
apartment house;
(e)
uses accessory to any of the foregoing uses if not specifically prohibited;
OTHER USES
(f)
in any one building, one office for rendering professional or personal services,
provided that the net area for such purposes does not exceed 700 sq.ft.;
(g)
Deleted (RC-Aug 9/22;E-Sep 15/22);
(h)
greenhouse;
(i)
the office of a consulate located in a single-family dwelling provided such
dwelling is used by the consul as his private residence.
(j)
day care facility (RC-Mar 3/09;E-Mar 21/09)
29(2)
No person shall in any R-4 Zone carry out, or cause or permit to be carried out, any
development for any purpose other than one or more of the uses set out in subsection
(1).
29(3)
No person shall in any R-4 Zone use or permit to be used any land or building in
whole or in part for any purpose other than one or more of the uses set out in
subsection (1).
COMMERCIAL USES
29A
Notwithstanding the provisions of Section 9(d), 14 and 29(1), an apartment house at
or within 120 ft. of an intersection, which contains 100 or more self-contained
dwelling units may include those commercial uses which are permitted in Section
38A(1), except a bowling alley, a motion picture theatre, a service station and
billboard, provided that such uses are located on the ground floor of the apartment
and are separately accessible from the building exterior.
SIGNS
29B
Exterior advertising of the commercial uses described in Section 29A shall be
permitted provided such advertising is not illuminated.
NO WINDOW DISPLAY
30
Where any building is used in an R-4 Zone for any of the purposes described in clause
(f) of Section 29(1), no display window shall be permitted, nor shall any evidence of
the use of such building for such purposes be visible from the exterior of such
Halifax Mainland Land Use By-law
Page 75
building, PROVIDED HOWEVER, that nothing contained herein shall prohibit the
display of a sign not exceeding one square foot in area and bearing the name and
profession as set forth in clause (f) of Section 29(1) of any person occupying such
building.
R-1, R-2 AND R-2T USES IN R-4 ZONE
31
Buildings erected, altered, or used for R-1, R-2 and R-2T uses in an R-4 Zone shall
comply with the requirements their respective zones.
BILLBOARDS
32(1)
No person shall erect or display any billboard or illuminated sign in an R-4 Zone.
NON-ILLUMINATED SIGN
32(2)
A non-illuminated sign not to exceed 6 square feet in size may be erected in an R-4
zone, provided such sign will not cause a hazard or nuisance to the public.
33
Where any building is erected, altered or used for R-4 uses in an R-4 zone, such
building shall comply with the following requirements:
MINIMUM LOT AREA
33(1)
(a)
The minimum lot area upon which such building is located shall be 6,000
square feet with a minimum continuous street frontage of at least 60 feet on one
street, except when a lot faces on the outer side of a curve in the street, in which
case the frontage may be reduced to 30 feet;
(b)
The Council may, after public hearing if deemed necessary, permit
modification of the minimum lot area and continuous street frontage as
provided in clause (a) of this subsection if, in the opinion of Council:
(i)
the amenity, convenience, character, and value of neighbouring
properties will not be adversely affected; and
(ii)
conditions necessitating such modification are unique to the lot and have
not been created by either the owner of such lot or the applicant.
DISTANCE FROM LOT LINES - 80̊ ANGLE
33(2)
(a)
The distance from any part of such building and any official street line or lines
abutting upon such lot shall be not less than 20 feet measured at right angles to
any such official street line or lines, provided, however, that such distance may
be reduced to not less than 10 feet at right angles to any such official street line
or lines if that part of the building which is less than 20 feet from any such
official street line or lines is entirely contained within the arms of an 80 degree
horizontal angle as determined in subsection (3) of this section;
Halifax Mainland Land Use By-law
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(b)
The distance from any part of such building and any lot line of such lot other
than an official street line shall be not less than 10 feet measured at right angles
to such lot line;
(c)
All windows and doors serving habitable rooms in such building shall be
located not less than 10 feet from any lot line of such lot measured at right
angles to such lot line;
(d)
Notwithstanding the provisions of clauses (a) and (b) of subsection (2), the
distance from any part of such building, not containing any windows or doors
serving habitable rooms, to any official street line or lot line may be less than
the distance prescribed in said clauses (a) and (b) herein or may extend to any
such official street line or lot line of the lot upon which such building is located,
provided that:
(i)
The height of such part of the building does not exceed 5 feet above the
natural ground level measured at any point on any official street line
abutting such lot and extending for a horizontal distance of 10 feet
measured at right angles to any such official street line;
(ii)
The height of such part of the building does not exceed 5 feet above the
natural ground level measured at any point on any lot line of such lot
other than an official street line; and
(iii) The building is so designed that it does not interfere with traffic safety.
(e)
(Deleted)
SIZE OF BUILDING - 60̊ ANGLE
33(3)
(a)
Subject to the provisions of subsection (2), such building or any part thereof
shall not project beyond the angular planes determined by constructing such
angular planes over such lot;
(i)
From each lot line at natural or finished ground level, whichever is the
lower, at a vertical angle of 60 degrees above the horizontal and measured
perpendicular to such lot line or, in the case of a curved lot line,
perpendicular to the tangents of all points of such lot line provided,
however, that where the natural ground level at the lot line is more than
5 feet above the finished ground level established at any point on the wall
opposite the lot line and where the horizontal distance to the face of any
part of such wall or its vertical projection is less than 50 feet, the angular
planes shall be constructed over the lot from all points on the intersections
of the vertical projection of the lot line and the horizontal projection of
the finished level; or
(ii)
In the case where a lot line of such lot coincides with an official street
line from the center line of such street or from any intervening line
parallel to such center line provided, however, that:
(A) the distance from the line on which the plane is constructed and the
lot line does not exceed 30 feet; and
(B) the vertical angle of 60 degrees is constructed perpendicular to the
line on which the plane is constructed or in the case of a curved
line, perpendicular to the tangents of all points of the curved line.
Halifax Mainland Land Use By-law
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EXCEPTION TO 60̊ ANGLE
(b)
Notwithstanding the provisions of clause (a) of subsection (3) and subject to
the provisions of subsection (2), any part of such building may project beyond
any prescribed 60 degree angular plane if:
(i)
The projection through the plane subtends a horizontal angle not
exceeding 80 degrees formed by lines drawn from a point on the line on
which the 60 degree angular plane is constructed opposite to the center
of the projection; and
(ii)
The extremities of the projection are enclosed by the arms of such 80
degree horizontal angle.
DISTANCE BETWEEN EXTERNAL WALLS - 65̊ ANGLE
33(4)
(a)
For the purposes of this subsection:
(i)
"Base line" means, in the case of a wall rising from the ground, the natural
or finished level of the ground adjoining the base of the wall, whichever
is lower, and in all other cases means the lowest line of the wall above
the natural or finished level of the ground, whichever is lower;
(ii)
A wall supported by construction above posts, pillars, or other open
construction shall be deemed to rise from the ground, and the base line of
the wall shall be deemed to be the line on which the projection downward
of the face of the wall meets the natural or finished level of the ground,
whichever is lower; and
(iii) Where external walls are not parallel to each other, but the angle of
divergence does not exceed 85 degrees, such walls shall be deemed to
face each other.
(b)
The provisions of subsection (4) shall only apply if any part of such building is
erected within the arms of horizontal angles of 65 degrees constructed outwards
at the natural level of the ground from the nearest extremities of external walls
that face each other provided, however, that where the two extremities of one
such wall are respectively equidistant from the opposite extremities of the other
wall or where the two extremities of one wall are equidistant from the nearest
extremity of the other wall, the 65 degree horizontal angle may be constructed
from either pair of equidistant extremities;
40̊ ANGLE
(c)
The distance between any external walls of such building that face each other
shall be not less than 50 feet, and any part of such building shall not project
beyond any of the angular planes determined by constructing such angular
planes outwards from the base line of each such external facing wall of each
part of such building at a vertical angle of 40 degrees above the horizontal and
measured perpendicular to such line or in the case of a curved base line,
perpendicular to the tangents of all points of such curved base line;
(d)
Where two external walls of such building face each other and neither wall
contains any door or window serving a habitable room, the provisions of clause
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(c) of subsection (4) shall not apply; but the distance between such walls shall
be not less than 6 feet.
BALCONIES, CORNICES, EAVES, AND CANOPIES
33(5)
(a)
Notwithstanding the provisions of subsection (3) and (4) of this section,
separate individual balconies, which are open on three sides, cornices, eaves,
and canopies may project through the angular planes as determined in such
subsections provided, however, that any part of such balcony, cornices, or
eaves shall be not less than 10 feet from any lot line of such lot;
(b)
Notwithstanding clause (a) of subsection (5), canopies may project to within 5
feet of the street line.
34
Where any building is erected, altered, or used as an apartment house or shared
housing use with greater than 10 bedrooms (RC-Aug 9/22;E-Sep 15/22) in an R-
4 Zone, such building, in addition to the requirements hereinbefore set out in Section
33, shall comply with the following requirements:
DENSITY
34(1)
The population density of such building shall not exceed 75 persons per acre.
OPEN SPACE
34(2)
The lot upon which such building is located shall contain a minimum open space of:
(a)
150 square feet for each bachelor unit or bedroom in a shared housing use
(RC-Aug 9/22;E-Sep 15/22) /275 square feet for each one-bedroom unit/575
square feet for each two-bedroom unit/950 square feet for each three-bedroom
unit/1,325 square feet for each four-bedroom unit and over;
(b)
At least 80 percent of the open space required in clause (a) of subsection (2) of
Section 34 shall be landscaped open space, provided that:
(c)
For the purposes of subsection (2) the roof or any portion therefore of any part
of such building that has no residential accommodation included below such
roof or portion thereof may be calculated as landscaped open space provided
that:
(i)
no part of such roof is more than 5 feet above the ground level of at least
one lot line of such lot; and
(ii)
such roof or portion thereof is capable of being used as landscaped open
space.
SPECIAL CARE HOME - LANDSCAPED SPACE (Deleted: RC-Aug 9/22;E-
Sep 15/22)
34(3)
Deleted (RC-Aug 9/22;E-Sep 15/22)
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R-4A ZONE:
DUTCH VILLAGE ROAD MULTI UNIT ZONE (RC-
Oct 4/16;E-Nov 26/16)
34AAA(1) The following uses shall be permitted in the R-4A Zone:
(a)
R-1, R-2, and R-2TA uses;
(b)
apartment house;
(c)
home occupation uses, except:
(i)
the preparation and sale of food,
(ii)
the keeping of animals,
(iii) adult entertainment uses, and
(iv) taxi dispatch;
(d)
daycares;
(da) shared housing use; and (RC-Aug 9/22;E-Sep 15/22)
(e)
any use accessory to any of the foregoing uses.
34AAA(2) No person shall in any R-4A zone, carry out, or cause or permit to be carried out,
any development for any purpose other than one or more of the uses set out in
subsection 38AAA(1).
34AAA(3) No person shall in any R-4A Zone use or permit to be used any land or building
in whole or in part for any purpose other than one or more of the uses set out in
subsection 38AAA(1).
34AAA(4) Buildings use for R-1, R-2 and R-2TA uses shall comply with the requirements
of their respective zones.
REQUIREMENTS
34AAB(1) Buildings erected, altered or used for R-4A uses in an R-4A Zone shall comply
with the following requirements:
(a)
The minimum lot frontage shall be 10.7 metres;
(b)
The maximum building depth shall be 25 m;
(c)
Notwithstanding clause 34AAB(1) (b), a building may exceed the
maximum building depth, provided:
(i)
the height of the remainder of the building does not exceed 9 m where
abutting a C-2C zone or 3 m where abutting a residential zone;
(ii)
soft landscaping and amenity space is included on the rooftop of the
remainder of the building; and
(iii) the building maintains side and rear yard setbacks of 3 m for all
portions of the building that exceed the maximum building depth;
(d)
The maximum streetwall height shall be as shown on ZM-31, Plan Dutch
Village Road Street Wall Height Map;
(e)
The portion of the building above the streetwall height, shall be setback
5m from the side lot line;
Halifax Mainland Land Use By-law
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(f)
The portion of the building above the streetwall height, shall be stepped
back 2m from the exterior walls, on all sides of the building;
(g)
The streetwall shall extend a minimum of 65 percent of the lot line.
Where located on a corner lot, the streetwall shall extend 65 percent of the
lot frontage for both streets;
(h)
The maximum lot coverage shall be 75 percent;
(i)
The minimum side yard setback shall be 3 m;
(j)
The minimum rear yard setback shall be 3 m; and,
(k)
The minimum front yard and flankage yard setback shall be 2.5 metres,
and the maximum front yard and flankage yard setback shall be 6 metres.
(RC-Apr 4/23;E-May 19/23)
HEIGHT
34AAC(1) Building height shall not exceed the maximum height as shown on ZM-32, Plan
Dutch Village Road Height Map.
RESIDENTIAL UNIT MIX
34AAD(1) Buildings erected, altered or used for R-4A uses, with the exception of shared
housing use, (RC-Aug 9/22;E-Sep 15/22) in an R-4A Zone shall include a mixture
of dwelling unit types. A minimum of 30 percent of the dwelling units within a
building shall contain two or more bedrooms.
SIGNS
34AAE(1) Any persons carrying on a use permitted by Subsection 34AAA(1) may place
upon and parallel to the front of the building signage that comply with the
following:
(a)
Where signs are illuminated, they shall be illuminated in such a manner
not to cause a glare or hazard to motorists, pedestrians or neighbouring
premises;
(b)
Fascia signs shall not extend beyond the extremities of a wall on which they
are affixed;
(c)
Maximum combined size of fascia signs on the wall of a building shall be
no greater than 10 percent of the total area of said wall;
(d)
Aggregate area of all window signs shall not exceed 25 percent of the
window, or glass area of a door, to which they are affixed;
(e)
Signs on awnings shall not cover more than 25 percent of the area of the
awning and the length of the text shall not exceed 80 percent of the length
of the front valance; and
(f)
No signs shall be permitted on the roof of a building.
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SETBACKS FROM BALCONIES
34AAF(1) Buildings erected, altered or uses for R-4A uses in an R-4A Zone shall comply
with the following requirement:
(a)
No balcony shall be built closer than 2 m to a side or rear property line.
This does not include patios for dwelling units at grade.
MAIN FLOOR ENTRANCES
34AAG(1) Buildings erected, altered or used for apartment house uses in an R-4A Zone
shall comply with the following requirements:
(a)
Main building entranceways shall be oriented to the street; and
(b)
The main entrances to a building shall be emphasized by detailing, changes
in materials, and other architectural devices such as but not limited to
lintels, pediments, pilasters, columns, porticos, or overhangs.
EXTERNAL BUILDING APPEARANCE
34AAH(1) The following external cladding materials shall be prohibited for apartment
house uses:
(a)
Vinyl;
(b)
Plywood;
(c)
Concrete block;
(d)
Exterior insulation and finish systems where stucco is applied to rigid
insulation; and
(e)
Darkly tinted or mirrored glass (not including spandrel panels) on the
ground floor.
LANDSCAPING AND BUFFERING
34AAI(1) Buildings erected, altered or used for apartment house uses in an R-4A Zone
shall comply with the following requirements:
(a)
Where the rear yard abut any residential zone, a landscaping area that is
6 metres in depth shall be provided along any abutting rear residential
property line. This landscaping area may be reduced to a depth of 1
metre of landscaping if a 1.9 metre wooden, stone or acceptable equivalent,
fence is provided along the abutting residential property line.
(b)
The landscaped area shall be grassed, or alternatively, water features or
natural ground covers such as stone (washed or flat), mulch, perennials,
annuals, may be utilized. Within the landscaped area, trees, walls made of
natural materials, planters, and shrubs shall be utilized and shall be
planted at a rate of one (1) tree (minimum of 45mm caliber) and three (3)
shrubs per 4.6 metres of lot frontage; and
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(c)
Existing trees and shrubs may be incorporated into the landscaped
setback, and where possible may be calculated as part of the one (1) tree
and three (3) shrubs per 4.6 metres requirement.
34AAI(2) For the purposes of 34AAI(1), the provision of landscaping is required for the
alteration of an existing building where such alteration increases the ground area
of the existing building by at least 20%.
34AAI(3) Any building that is erected for an apartment house use in an R-4A Zone shall
landscape the front yard setback. A driveway may cross this landscaped area.
This landscaped area shall comply 34AAI(1) (b) and 34AAI(1) (c).
AMENITY SPACE
34AAJ(1) Apartment house buildings shall provide amenity space at a rate of 10 m2 per
unit, or 5 m2 per bedroom in a shared housing use, (RC-Aug 9/22;E-Sep 15/22)
in the form of unit patios, unit balconies or terraces, and interior amenity space.
Interior amenity space, shall include one of the following common elements:
(a)
fitness room of a minimum size of 40m2; or
(b)
community room of a minimum size of 40m2.
HOME OCCUPATIONS
34AAK
Notwithstanding clause 14B, where home occupations are permitted in the R-4A
Zone, such home occupation shall comply with the following:
(a)
No person who is not a resident of the dwelling unit shall be the proprietor
of a home occupation;
(b)
Only one home occupation shall be permitted per lot;
(c)
Such home occupations shall not occupy more than 50 percent of the floor
area;
(d)
No interior or exterior alterations or additions shall be permitted not
normally associated with a dwelling;
(e)
Except for goods manufactured on the premises, no goods shall be
displayed or sold on the premises;
(f)
The home occupation shall be conducted in such a way that it shall not be
apparent from the outside of the dwelling that it is used for anything other
than a residence;
(g)
There shall be no display of goods visible from the outside, or outside
storage of equipment or material;
(h)
Only one commercial vehicle, not exceeding 2,722 kilograms gross vehicle
weight, shall be parked on the premises in connection with the home
occupation;
(i)
The commercial vehicle permitted under clause (h) may contain the name,
address, telephone number and occupation, profession or trade of the
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proprietor of the home occupation, which information shall be non-
illuminated;
(j)
The home occupation shall not create any noise, dust, vibration, smell,
smoke, glare, electrical interference, fire hazard, traffic, or any such
similar nuisance not normally associated with a dwelling;
(k)
Deleted (RC-Feb 21/23;E-Sep 1/23)
(l)
Deleted (RC-Feb 21/23;E-Sep 1/23)
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RC-1 ZONE:
NEIGHBOURHOOD COMMERCIAL ZONE
34AA(1) The following uses shall be permitted in any RC-1 Zone:
(a)
R-1, R-2 and R-2P uses;
(Previous clause (b) - rescinded)
(b)
a grocery store or a drug store;
(c)
a grocery store, drug store, Laundromat, dry cleaners, tailor, dressmaker,
beauty shop or barber shop in the "Mainland South Area";
(d)
any use accessory to any of the foregoing uses.
34AA(2) No person shall in any RC-1 Zone carry out, or cause or permit to be carried out, any
development for any purpose other than one or more of the uses set out in Subsection
(1)
34AA(3) No person shall in any RC-1 Zone use or permit to be used any land or building in
whole or in part for any purpose other than one or more of the uses set out in
Subsection (1).
REQUIREMENTS
34AB
Buildings erected, altered or used for R2-P uses in an RC-1 Zone shall comply with
the following requisites:
(a)
lot frontage (minimum)
50 ft.
(b)
lot area (minimum)
5000 sq.ft.
(c)
side yard (minimum)
8 ft.
(d)
height (maximum)
35 ft.
(e)
lot coverage (maximum)
35 percent
SIGNS
34AC
Any persons carrying on a business may place upon and parallel to the front of the
building a non-illuminated sign board not exceeding 3 feet in height and limited to
the space immediately above the ground floor store windows extending the length of
such front and appertaining solely to the ownership of the business conducted therein.
FRONT YARD SETBACK
34AD
A building line laid down for adjacent residential buildings shall also apply to those
buildings hereafter erected or altered to RC-1 uses.
R-1 AND R-2 USES IN RC-1 ZONE
34AE
Buildings erected, altered or used for R-1 and R-2 uses in an RC-1 Zone shall comply
with the requirements of the R-1 and R-2 Zones respectively.
(previous Section 34AF(1) and 34AF(2) - Rescinded
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COMMERCIAL USES
34AF
Commercial uses shall comply with the following:
(a)
Commercial uses shall be restricted to the ground floor;
(b)
Maximum gross commercial floor area of 1,000 square feet; and
(c)
Separate exterior access from any access to R-1, R-2 or R-2P uses.
Halifax Mainland Land Use By-law
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R-4B ZONE:
DUNBRACK MULTI UNIT ZONE (RC-Feb 23/21;E-May
08/21)
34B1
The following uses shall be permitted in the R-4B Zone:
a.
apartment houses
b.
townhouses;
c.
home occupation uses;
d.
daycares;
e.
work-live units;
ea.
shared housing use; (RC-Aug 9/22;E-Sep 15/22)
f.
public parks and community facilities;
g.
uses permitted in the C-2C Zone, except;
i.
lounges, and,
ii.
gas stations or service stations; and
h.
any use accessory to any of the foregoing uses.
34B2
No person shall in any R-4B zone, carry out, or cause or permit to be carried out,
any development for any purpose other than one or more of the uses set out in
Section 34B1.
34B3
Townhouses shall comply with the requirements of the R-2T zone.
34B4
C-2C Zone uses shall be limited to a maximum floor area of 4000 square metres
per lot.
34B5
Apartment houses shall not exceed a density of 325 units per hectare.
REQUIREMENTS
HEIGHT
34B6
Building height shall not exceed the maximum height as shown on Map ZM-34,
Maximum Height in the Dunbrack Multi Unit Zone. Elevator enclosures and
mechanical penthouse may exceed the maximum height of the building, provided
they:
a)
are setback from the roof edge a minimum of 5 metres;
b)
do not exceed 5.5 metres above the maximum building height; and
c)
are limited to a maximum area of 30 percent of the total area of the roof
on which they are located.
LOT COVERAGE
34B7
The maximum lot coverage shall be 75 percent.
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TOWER SIZE, SEPARATION DISTANCE AND STEPBACKS
34B8
The tower portion of a building shall not exceed:
a)
a building depth or building width of 35.0 metres; and
b)
a floor area of 750 square metres per floor.
34B9
Any tower portion of a building shall be separated by a minimum distance of 25
metres from any other tower portion of a building on the same lot.
34B10
Any tower portion of a building shall have a setback of at least 12.5 metres from
any rear lot line or from any side lot line.
STREETWALL HEIGHT AND STEPBACKS
34B11
For buildings with a streetwall width of no greater than 8 metres, a building's
maximum streetwall height shall be 11 metres.
34B12
For buildings with a stretwall width of more than 8 metres, the height of the
streetwall shall be measured in streetwall portions no wider than 8 metres, and
separate heights shall be determined at the centre point of each streetwall
portion. The maximum height of each streetwall portion shall be 11 metres.
34B13
Subject to Section 34B15:
a)
any mid-rise portion of a building shall have a streetwall stepback above
its maximum streetwall height of at least 3 metres; and
b)
any tower portion of a building shall have a streetwall stepback above its
maximum streetwall height of at least 4.5 metres.
34B14
Subject to Section 34B15, a building shall have a stepback above its maximum
streetwall height of at least 3 metres for building walls that face a property zoned
R-1 or R-2 Zones.
34B15
No streetwall stepback is required for up to 20% of the building width along
either a front or flanking lot line.
SITE LAYOUT: PARKING; PATHS; AND BUILDING ENTRANCES
34B16
Development shall meet the following requirements:
a)
parking: surface parking lots or above ground parking structures shall
only be placed in rear yards or side yards. Subject to Section 34B38,
parking lots or structures placed in a side yard shall be at least 9 metres
from the public street and shall have a maximum width of 12 metres;
Halifax Mainland Land Use By-law
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b)
pedestrian paths: walkways shall connect all building entrances to a
public sidewalk or to a public street; and
c)
building entrances: where buildings are abutting a public street, the main
building entrance shall face the street and be visible from the street.
BUILDING SETBACKS AND STREETWALL DIMENSIONS
34B17
Buildings shall have:
a)
a minimum front or flanking setback of 5 metres;
b)
a maximum front or flaking setback of 9 metres;
c)
minimum side and rear setbacks of 5 metres; and
d)
subject to 34B17 e, a minimum rear or side setback of at least 10 metres
for apartment houses on lots which abut any R-1 or R-2 zones;
e)
a setback of at least 18 metres from properties zoned R-2T; and
f)
a setback of at least 30 metres from properties zoned R-2T for any portion
of a main building within 100 metres of Willett Street.
34B18
Subject to Section 34B17, below the height of the streetwall, for any portions of
a main building at least 0.6 metres above the average finished grade, no streetwall
may be more than 64 metres wide along any streetline.
34B19
Below the height of the streetwall, for any portions of a main building at least
0.6 metres above the average finished grade, the streetwall may exceed 64 metres
in width, up to 88 metres in width along one streetline, where:
a)
all setbacks, separation distances, and stepbacks are met;
b)
no more than two towers are placed on the same podium;
c)
above the streetwall, no dimension of a tower exceeds a width of 21.5
metres facing one streetline; and
d)
a section of the streetwall at least 16 metres in length and extending the
full height of the streetwall, shall be recessed at least 6 metres.
LANDSCAPING AND BUFFERING
34B20
Buildings erected, altered, or used for apartment house or shared housing (RC-
Aug 9/22;E-Sep 15/22) uses in an R-4B Zone shall comply with the following
requirements:
a)
where a rear or side yard abuts any R-1 or R-2 Zone, the required yard
shall be landscaped and a 1.9-metre-high wooden or stone fence or opaque
hedge shall be provided along the abutting property line;
b)
the landscaped area shall be grassed, or alternatively, water features or
natural ground covers such as stone (washed or flat), mulch, perennials,
annuals, may be utilized. Within the landscaped area, trees, planters, and
shrubs shall be utilized and shall be planted at a rate of one (1) tree
Halifax Mainland Land Use By-law
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(minimum of 45mm caliper) and three (3) shrubs per 4.5 metres of
property line next to the yard; and
c)
any existing tree in a required landscaped buffer may be counted as 2
trees toward the requirements of Clause 34B20 (b).
34B21
For the purposes of Section 34B20, the provision of landscaping is required for
the alteration of an existing building where such alteration increases the ground
floor area of the existing building by at least 20%.
RESIDENTIAL UNIT MIX
34B22
At least 25% of all dwelling units in a new apartment house use, rounded up
to the nearest whole number, shall contain at least two bedrooms.
SIGNS
34B23
Any person(s) carrying on a commercial use permitted in the R-4B Zone may place,
upon the front of the building, signage that complies with the following:
a)
where signs are illuminated, they shall be illuminated in such a manner
not to cause a glare or hazard to motorists, pedestrians or neighboring
premises;
b)
fascia signs shall not extend beyond the extremities of a wall on which they
are affixed;
c)
maximum combined size of fascia signs shall be no greater than 10 percent
of the total area of the wall to which they are affixed;
d)
aggregate area of all window signs shall not exceed 25 percent of the
window, or glass area of a door, to which they are affixed;
e)
signs on awnings shall not cover more than 25 percent of the area of the
awning and the length of the text shall not exceed 80 percent of the length
of the front valance; and
f)
no signs shall be permitted on the roof of a building.
BALCONIES
34B24
Apartment house and shared housing (RC-Aug 9/22;E-Sep 15/22) uses shall
comply with the following requirement:
a)
no balcony shall be built closer than 2 m to a side or rear property line.
This does not include patios for dwelling units located at grade.
34B25
Balconies, unenclosed porches, verandas, canopies, and awnings may project
into any required yard, setback, stepback, or separation distance by up to:
a)
1.5 metres from any exterior wall at the ground floor; or
b)
2.0 metres from any exterior wall at the second storey or above, provided
that the total horizontal width of the balconies on any one storey is not
more than 40 percent of the width of the building wall.
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EXTERNAL BUILDING MATERIALS
34B26
The following external cladding materials shall be prohibited for new buildings:
a)
vinyl;
b)
plywood;
c)
concrete block;
d)
exterior insulation and finish systems where stucco is applied to rigid
insulation; and
e)
darkly tinted or mirrored glass (not including spandrel panels) on the
ground floor.
GROUND FLOOR USES AND DESIGN
34B27
Grade-related units, work-live units or a combination of the two shall be
required on the ground floor of building walls that face a public street when:
a)
ground floor walls are within 9 metres of the public street; and
b)
residential uses make up more than 50% of the width of the ground floor
wall that faces the street.
34B28
At least 70% of the ground floor of a building facing a streetline shall:
a)
commence no lower than 1.5 metres below the streetline grade, and
b)
not commence any higher than 1.5 metres above the streetline grade.
34B29
For grade-related unit uses in the streetwall, between 25% and 80% of each
unit's ground floor façade shall consist of clear glass glazing.
34B30
For at-grade commercial uses in the streetwall, between 50% and 80% of the
building's ground floor façade dedicated to commercial uses shall consist of clear
glass glazing.
WORK-LIVE UNITS
34B31
Work-live units shall:
a)
only permit the following commercial uses:
(i)
studio uses,
(ii)
office uses,
(iii)
medical clinic uses,
(iv)
personal service uses, and
(v)
the retail of products produced on the premises or associated with
a service provided on the premises;
b)
only use a maximum of 50% of the total floor area for commercial use
purposes, up to a maximum of 140 square metres; and
Halifax Mainland Land Use By-law
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c)
locate the commercial use on a ground floor.
34B32
The principal operator of a business within a work-live unit shall reside in the
unit and may have up to three non-resident employees.
AMENITY SPACE
34B33
Apartment house uses shall provide amenity space at a rate of 5 square metres
per unit, and shared housing uses shall provide amenity space at a rate of 5
square metres per bedroom for shared housing uses, (RC-Aug 9/22;E-Sep 15/22)
in the form of unit patios, unit balconies or terraces, outdoor amenity space and
interior amenity space, as follows:
a)
interior amenity space shall include one of the following common
elements: a fitness room of a minimum size of 40 square metres, or a
community room of a minimum size of 40 square metres; and
b)
outdoor amenity space shall include at least one of the following common
elements: a rooftop patio or deck of a minimum size of 40 square metres
or an at grade, private open space of a minimum size of 40 square metres.
34B34
At-grade private open spaces with a contiguous area of 15 square metres or
greater shall provide barrier-free access and permanent seating.
34B35
At-grade private open spaces with a contiguous area of 15 square metres or
greater shall provide one or more of the following materials for groundcover:
a)
vegetation;
b)
brick pavers, stone pavers, or concrete pavers; or
c)
wood or wood-like materials.
34B36
At-grade private open spaces that abut public sidewalks shall provide pedestrian
access by having at least one contiguous connection of not less than 2.0 metres
wide, from the at-grade private open space to the public sidewalk.
PARKING
34B37
Buildings erected, altered or used for R-4B uses in an R-4B Zone shall comply
with the following requirements:
a)
notwithstanding subsection 9(d), no minimum parking requirements
shall apply to retail, service, office and restaurant uses;
b)
Repealed (RC-May 23/24;E-Jun 13?24)
c)
where parking requirements result in a fraction, the requirement shall be
rounded down to the nearest whole number.
34B38
Parking lots or parking structures that are in a side yard shall be screened from
view by a 1 metre to 1.5 metre high wooden or stone fence, or row of shrubs that
is parallel to the street. Gaps in the fence or row of shrubs are permitted for
Halifax Mainland Land Use By-law
Page 92
driveways or walkways.
OUTDOOR LIGHTING
34B39
All outdoor lighting shall be oriented in such a manner that it is directed away
from adjacent properties and public right of ways.
34B40
All outdoor lighting, other than ground level lighting for pathways, shall be
equipped with full cut-off light fixtures.
Halifax Mainland Land Use By-law
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C-1 ZONE:
LOCAL BUSINESS ZONE
35(1)
The following uses shall be permitted in any C-1 Zone:
(a)
All R-1, R-2, R-2T and R-4 Zone uses;
(b)
A store for the purpose of retail trade, rental and services only, excluding:
(i)
motor vehicle dealers;
(ii)
motor vehicle repair shops which such shops are not primarily engaged
in providing service station facilities;
(iii) adult entertainment uses; and
(iv) amusement centres
(c)
A service station
(d)
Bank, public hall, office, municipal building, hairdresser, beauty parlour,
restaurant, receiving office of a dry cleaner or dyer;
(e)
Any use accessory to any of the foregoing uses.
35(2)
No person shall in any C-1 Zone carry out, or cause or permit to be carried out, any
development for any purpose other than one or more of the uses set out in subsection
(1).
35(3)
No person shall in any C-1 Zone use or permit to be used any land or building in
whole or in part for any purpose other than one or more of the uses set out in
subsection (1).
R-1, R-2, R-2T AND R-4 USES IN C-1 ZONE
36
Buildings erected, altered, or used for R-1, R-2, R-2T and R-4 uses in a C-1 Zone
shall comply with the requirements of their respective zones.
REQUIREMENTS
37
Buildings erected, altered, or used for C-1 uses in a C-1 Zone shall comply with the
following requirements:
(a)
Lot coverage, maximum - 50 percent;
(b)
Height, maximum - 35 feet;
(c)
(i)
every building shall be at least 12 feet from any other building and at least
8 feet from the rear and both side lines of the lot on which it is situated
and at least 20 feet from any street line in front of such building;
(ii)
where a building is situated on a corner lot, it shall be at least 10 feet from
the flanking street line abutting such lot.
(d)
Notwithstanding the provisions of clause (c) where:
(i)
the sidewalls of a building are fireproof to comply with the provisions of
the Building By-law of the city; and
(ii)
the abutting lot is not a lot in a residential zone which is used for
residential purposes.
Halifax Mainland Land Use By-law
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Such building shall be exempt from the side building line requirements and the
distance requirements from any other building.
SIGNS
38(1)
Each C-1 use shall be permitted one identification sign which may be illuminated.
38(2)
In addition to the sign permitted in (1), each property shall be permitted to erect one
free-standing identification sign which may be illuminated, provided that it will not
cause a hazard or nuisance to the public.
Halifax Mainland Land Use By-law
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C-2A ZONE:
MINOR COMMERCIAL ZONE
38A(1)
The following uses shall be permitted in any C-2A Zone:
(a)
R-1, R-2, R-2P, R-2T, R-2AM, R-3 and C-1 uses;
(b)
stores for the purpose of retail trade and rental excepting:
(i)
motor vehicle dealers;
(ii)
motor vehicle repair shops which such shops are not primarily engaged
in providing service station facilities; and
(iii) adult entertainment uses
(c)
radio, television, and electrical appliance repair shops;
(d)
watch and jewellery repair shops;
(e)
a store for the purpose of personal service including shoe repair shops, barber
and beauty shops, dry cleaners, self- service laundries, funeral services, and
excepting massage parlours, adult entertainment uses and amusement centres;
(f)
(Deleted)
(g)
a motion picture theatre;
(h)
a service station;
(i)
offices;
(j)
a bank and other financial institutions;
(k)
a restaurant;
(l)
community facilities;
(la)
billboards not to exceed twenty-eight square meters (28m2) in area and not to
extend more than eight meters (8m) above the mean grade on which it is
situated;
(lb)
commercial recreation use
(lc)
recycling depots, bingo hall, pool hall and motor vehicle repair shops in the
"Mainland South Area" excluding:
(i)
auto body shops; and
(ii)
those engaged in the repair of trucks or other vehicles in excess of a gross
weight of 6,000 pounds.
(ld) Motor Vehicle Sales in the Bedford Highway area
(ld) day care facility (RC-Mar 3/09;E-Mar 21/09)
(m) any use accessory to any of the foregoing uses.
38A(2)
No person shall in any C-2A Zone carry out, or cause or permit to be carried out, any
development for any purpose other than one or more of the uses set out in
subsection (1).
38A(3)
No person shall in any C-2A Zone use or permit to be used any land or building in
whole or in part for any purpose other than one or more of the uses set out in
subsection (1).
R-1, R-2, R-2P, R-2T, R-2AM AND R-3 USES IN C-2A ZONE
38B(2)
Buildings erected, altered or used for R-1, R-2, R-2P, R-2T, R-2AM and R-3 uses in
a C-2A Zone shall comply with the requirements of their respective zones.
Halifax Mainland Land Use By-law
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HEIGHT
38C(1)
The height of any building in a C-2A Zone shall not exceed 35 feet. (HWCC-Jun
24/15;E-Jul 11/15)
BEDFORD HIGHWAY SECONDARY PLAN (HWCC-Jun 24/15;E-Jul 11/15)
38C(2)
In the Bedford Highway Secondary Plan, notwithstanding Section 38B (2), R-3
uses shall not exceed 35 feet in height.
38C(3)
Notwithstanding Section 38C(2), in the Bedford Highway Secondary Plan, where
commercial use(s) occupy the full ground floor of a mixed commercial and
multiple unit residential development, inclusive of a residential entrance, the
residential portion of the building shall be subject to the requirements of the R-
3 Zone including a maximum height of 50 feet.
38C(4)
Notwithstanding Section 38B(2) and Section 38C(3), for the property at 522
Bedford Highway, no building or use shall exceed the height of 35 feet.
SIGNS
38D(1)
(a)
Any persons carrying on a business may place upon and parallel to the front of
the building a non-illuminated signboard not exceeding 3 feet in height and
limited to the space immediately above the ground floor store windows
extending the length of such front and appertaining solely to the ownership of
the business conducted therein. For each foot that the building face upon
which the said signboard is place is setback from the street line, 05 feet may be
added to the height of such signboard to a maximum of 8 feet. In no case shall
a sign be permitted by this section, to exceed 300 square feet.
(b)
Any person carrying on a business may place upon the building, a non-
illuminated signboard not exceeding 3 feet in height and 300 square feet in area
or 2 non-illuminated signboards, each of which does not exceed 3 feet in height
and a total of 300 square feet inj area and appertaining solely to the ownership
of the business conducted therein.
38D(2)
Illuminated signs may be erected provided they do not constitute a nuisance or hazard
to the public.
38D(3)
A single signboard (illuminated or otherwise) may be placed upon and perpendicular
to the front of a building for the purpose of identifying the proprietor or nature of the
business permitted therein. Such signboards shall be located immediately above the
ground floor windows and shall not exceed 12 square feet (1.12 square meters) in
area on a single surface. A maximum of two such signboards shall be permitted for
any building regardless of the number of uses contained therein.
Halifax Mainland Land Use By-law
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SETBACKS FROM RESIDENTIAL ZONES
38E(1)
Any building used for C-1 or C-2A purposes in a C-2A zone shall be set back a
minimum of 20 feet from a rear lot line and 12 feet from a side lot line where such
lot line abuts a residential zone.
LANDSCAPING ALONG STREET LINE
38E(2)
Any C-1 or C-2A use in a C-2A Zone shall provide a minimum 4 foot strip of
landscaped open space, raised or otherwise protected, along that part of the street line
not required for the curb cut or pedestrian entrance.
38F(1)
In the "Bedford Highway Area" one vehicle access point shall be permitted to the
Highway for each lot with 100 feet of frontage or less and two vehicle access points
shall be permitted for lots with frontage greater than 100 feet.
38F(2)
For the purposes of Subsection (1), the vehicle access point shall not exceed 35 feet
in width and shall be defined by curbing, planting, or a similar device that will not
obstruct the view of traffic.
FAIRVIEW AREA
ACCESS
38G(1)
Stores shall front on Dutch Village Road, Titus Street or Alma Crescent only. There
shall be no commercial display of goods for sale on the side or rear of any buildings.
38G(2)
Vehicular access to commercial uses and parking areas shall be from Dutch Village
Road, Titus Street or Alma Crescent. Access from side streets is also permitted
provided that the minimum distance from an abutting residential zone to the point of
access shall be 5 feet.
38G(3)
Driveways and parking areas for C-1 or C-2A uses in a C-2A Zone shall be set back
a minimum distance of 5 feet from a rear lot line adjacent to a residential zone and a
side lot line adjacent to a residential zone and be screened by a fence having a
minimum height of 5 feet. The 5 foot setback area is to be landscaped and where a
transparent fence is to be used, the landscaped setback area must provide solid visual
screening on a year-round basis to a minimum height of 5 feet at maturity.
PARKING MAINLAND SOUTH AREA
38H(1)
Notwithstanding Section 9(d) the following parking requirements shall apply to
Minor Commercial uses in the "Mainland South Area":
(i)
3 spaces per l,000 sq.ft. of office space;
(ii)
4 spaces per l,000 sq.ft. of retail/service store space;
(iii) 8 spaces per l,000 sq.ft. of restaurant space; and
Halifax Mainland Land Use By-law
Page 98
(iv) parking shall not be permitted within 3 feet of the street line and parking areas
for commercial uses must be paved.
38H(2)
In the "Mainland South Area" no vehicular access shall be obtained through a side
or rear yard adjacent to a residential zone.
SETBACKS FROM RESIDENTIAL ZONE
38H(3)
Buildings erected, altered, or used for commercial purposes in a C-2A Zone shall be
set back a minimum of 20 ft. from a rear lot line and 12 ft. from a side lot line adjacent
to a residential zone.
38H(4)
Yard areas required pursuant to Section 38H(3) shall be landscaped.
(previous Section 38I(1) - Rescinded)
MOTOR VEHICLE REPAIR
38I
A lot containing a motor vehicle repair shop in the "Mainland South Area" shall:
(a)
have an opaque fence a minimum of five feet in height abutting any residential
zones;
(b)
have lighting facilities, if provided, directed away from any abutting residential
zones;
(c)
have enclosed any commercial refuse container in a structure which screens
them from the street and abutting residential zones;
(d)
not have outdoor storage of inoperative motor vehicles, boxes, crates or any
other materials; and
(e)
provide a minimum of a 6 foot strip of landscaped open space, raised or
otherwise protected, along that part of the street line not required for the curb
cut or pedestrian entrance.
38J
MOTOR VEHICLE SALES
No area of the lot greater than 10,000 square feet shall be used for the parking and
display of motor vehicles including manoeuvring areas.
38J
MOTOR VEHICLE REPAIR SHOPS
Notwithstanding Section 38A(1)(b)(ii), motor vehicle repair shops, excluding those
which service or repair motor vehicles in excess of 6000 pounds or auto body shops
or auto paint shops, may be permitted provided that:
(a)
They are located on a site which has a valid occupancy permit for a service
station or the most recent valid occupancy permit is for a service station.
(b)
An opaque fence having a minimum height of five feet is constructed abutting
any residential zone.
Halifax Mainland Land Use By-law
Page 99
(c)
Lighting facilities, if provided, are directed away from any abutting residential
zone.
(d)
Any commercial refuse container is enclosed in a structure which screens it
from the street and abutting residential zones.
(e)
There is no outdoor storage of inoperative motor vehicles, boxes, crates or any
other materials.
(f)
There is landscaped open space; raised or otherwise protected, having a
minimum width of six feet along that part of the street line not required for the
curb cut or pedestrian entrance.
264 HERRING COVE ROAD (RC-Jun 10/14;E-Jul 26/14)
38K
Notwithstanding subsection 38A(1), service stations, recycling depots, motor
vehicle repair, billboards, and residential uses shall not be permitted at the site
identified as 264 Herring Cove Road on ZM-26.
Halifax Mainland Land Use By-law
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C-2B ZONE:
HIGHWAY COMMERCIAL ZONE
38AA(1)
The following uses shall be permitted in any C-2B Zone:
(a)
R-1, R-2, R-2P, R-2T, R-2AM, R-3, C-1 and C-2A uses;
(b)
a motel;
(c)
a motor vehicle dealer;
(d)
motor vehicle repair shop;
(e)
Deleted (RC-Jan 11/11;E-Mar 12/11)
(ea) Short-term rental; (RC-Feb 21/23;E-Sep 1/23)
(eb) Short-term bedroom rental; (RC-Feb 21/23;E-Sep 1/23)
(f)
any use accessory to the foregoing uses.
38AA(2)
No person shall in any C-2B Zone carry out, or cause or permit to be carried out, any
development for any purpose other than one or more of the uses set out in subsection
(1)
38AA(3)
No person shall in any C-2B Zone use or permit to be used any land or building in
whole or in part for any purpose other than one or more of the uses set out in
subsection (1).
R-1, R-2, R-2P, R-2T, R-2AM AND R-3 USES IN C-2B ZONE
38AB
Buildings erected, altered or used for R-1, R-2, R-2P, R-2T, R-2AM and R-3 uses in
a C-2B Zone shall comply with the requirements of their respective zones.
38AC
The height of any building in a C-2B Zone shall not exceed 35 feet. In the "Bedford
Highway Area" notwithstanding Section 38AB no uses shall exceed 35 feet in height.
38AD
Any C-2B use in a C-2B Zone shall be set back a minimum of 20 feet from the front
lot line.
SETBACKS FROM RESIDENTIAL ZONES
38AE
Any C-1, C-2A or C-2B use in a C-2B Zone shall be set back a minimum of 20 feet
from the rear lot line and 12 feet from a side lot line where the lot lines are adjacent
to a residential zone.
DRIVEWAY ACCESS
38AF(1)
In the "Bedford Highway Area" one vehicle access point shall be permitted to the
Highway from each lot with 100 feet of frontage or less and two vehicle access points
shall be permitted for each lot with frontage greater than 100 feet.
38AF(2)
For the purposes of Subsection (1), the vehicle access point shall not exceed 35 feet
in width and shall be defined by curbing, planting, or a similar device that will not
obstruct the view of traffic.
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C-2C ZONE:
DUTCH VILLAGE ROAD MIXED USE ZONE (RC-
Oct 4/16;E-Nov 26/16)
38BA(1)
The following uses shall be permitted in the C-2C Zone:
(a)
all R-2 and R-2TA uses;
(b)
retail and rental stores excluding:
(i)
motor vehicle dealers;
(ii)
motor vehicle repair shops which such shops are not primarily
engaged in providing service station facilities; and
(iii)
adult entertainment uses
(c)
health clinic;
(d)
appliance and small scale repair shops;
(e)
personal service uses which may include, but is not limited to, the
following shoe repair shops, barber and beauty shops, dry cleaners, and
funeral services;
(f)
bowling alley;
(g)
a theatre;
(h)
a service station;
(i)
offices;
(j)
a bank and other financial institutions, excluding drive-throughs;
(k)
a restaurant, excluding drive-throughs;
(l)
community facilities;
(m)
commercial recreation uses;
(n)
day care facility;
(o)
apartment house;
(oa)
shared housing use; (RC-Aug 9/22;E-Sep 15/22)
(p)
micro breweries;
(q)
coffee roasteries;
(r)
ferment-on-premises facility, as defined by the Province of Nova Scotia
Liquor Control Act;
(s)
brew pub;
(t)
lounges; (HWCC-Jul 30/18;E-Aug 25/18)
(u)
institutional uses;
(v)
government or public buildings;
(w)
existing R-1 uses; and
(x)
any use accessory to any of the foregoing uses.
38BA(2)
No person shall, in any C-2C Zone, carry out, or cause or permit to be carried
out, any development for any purpose other than one or more of the uses set out
in subsection 38BA(1).
38BA(3) No person shall, in any C-2C Zone, use or permit to be used any land or building
in whole or in part for any purpose other than one or more of the uses set out in
subsection 38BA(1).
Halifax Mainland Land Use By-law
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38BA(4)
Buildings used for existing R-1, R-2 and R-2TA uses shall comply with the
requirements of their respective zones.
RETAIL
38BB(1)
Any lands located in Area D, as shown on ZM-28, Plan Dutch Village Road
Overview Map, shall limit retail use permitted under 38BA(1) to a maximum
ground floor gross floor area of 650 square metres.
38BB(2) For lands located at 44-58 Main Avenue, Halifax, any use permitted under
38BA(1), other than residential, shall be limited to the ground floor of the
building. (RC-May 23/24;E-Jun 13/24)
REQUIREMENTS
38BC(1)
Buildings erected, altered or used for C-2C uses, in a C-2C Zone shall comply
with the following requirements:
(a)
The maximum building depth shall be 50 metres (RC-May 23/24;E-Jun
13/24);
(b)
Notwithstanding clause 38BC(1) (a), a building may exceed the maximum
building depth, provided:
(i)
the height of the remainder of the building does not exceed 10.5 m;
(ii)
soft landscaping and amenity space is included on the rooftop of
the remainder of the building;
(iii)
the building maintains side and rear yard setbacks of 3 m for all
portions of the building that exceed the maximum building depth;
and
(iv)
the land is shown on ZM-29, Plan Dutch Village Road Buildings
May Exceed Maximum Building Depth.
(c)
The minimum front yard and flanking yard setbacks shall be 1.5 metres
and the maximum front yard and flanking yard setbacks shall be 6 (RC-
Apr 4/23;E-May 19/23) metres; (HWCC-Jan 18/22;E-Sep 3/22)
(d)
Notwithstanding clause 38BC(3) (c), the lands shown on ZM-30, Plan
Dutch Village Road Area Exempt from Front Yard Setback Map shall be
exempt from the maximum front yard setback requirement;
(e)
The maximum streetwall height shall be as shown on ZM-31, Plan Dutch
Village Road Street Wall Height Map. The streetwall height shall not
exceed the height shown in metres and shall not exceed the number of
storeys, excluding rooftop architectural features, landscape elements and
mechanical penthouses and equipment. (RC-Jul 07/20;E-Aug 22/20);
(f)
The building shall be stepped back 3 m on all sides of the building for all
portions of the building above the streetwall height;
(g)
The building shall be setback 5m from the side yards above the streetwall
height; and
Halifax Mainland Land Use By-law
Page 103
(h)
The streetwall shall extend a minimum of 65 percent of the lot frontage.
Where located on a corner lot, the streetwall shall extend 65% of the lot
frontage for both streets;
LOT COVERAGE
38BD(1)
Buildings erected, altered or used for C-2C uses in a C-2C Zone shall comply
with the following requirements:
(a)
Deleted (RC-Apr 4/23;May 19/23)
(aa) Subject to (b), the maximum lot coverage shall be 75 percent; (RC-Apr
4/23;May 19/23)
(b)
Enclosed parking below grade may cover 100% of the lot area, provided
that the enclosed parking structure does not exceed an average height of
1 metre above grade within a required side or rear setback. (RC-Apr
4/23;May 11/23)
HEIGHT
38BE(1)
Building height shall not exceed the maximum height as shown on ZM-32, Plan
Dutch Village Road Height Map. Elevator enclosures and mechanical penthouse
may exceed the maximum height of the building, provided they (RC-Apr
4/23;May 19/23):
(a)
are setback from the roof edge a minimum of 5 metres; (RC-Apr
4/23;May 19/23)
(b)
do not exceed 5.5 metres above the maximum building height; and (RC-
Apr 4/23;May 19/23)
(c)
are limited to a maximum area of 30 percent of the total area of the roof
on which they are located. (RC-Apr 4/23;May 19/23)
38BE(2)
Notwithstanding clause 38BE(1), on lots with a lot depth of less than 30 m, the
maximum height shall be 13.5 m.
38BE(3)
Notwithstanding the definition of height in Section 2 of this by-law, for lands
that have frontage on both Percy Street and Joseph Howe Drive or that have
frontage on Percy Street and abut the Chain of Lakes Trail (RC-Aug 11/20;E-Aug
29/20), height shall mean the vertical distance between the average grade
adjoining the building or the Streetline Grade along Joseph Howe Drive
(whichever provides the greater height) (RC-Aug 11/20;E-Aug 29/20), and the
highest part of the roof. For the purpose of determining height, the highest part of
the roof excludes any rooftop architectural features, landscape elements and non-
habitable penthouses (including residential amenity space). Rooftop architectural
features, landscape elements and non-habitable penthouses shall not exceed 30
percent of the area of the roof on which they are located. On properties which abut
the Chain of Lakes Trail, the Joseph Howe Drive Street Line may be substituted
Halifax Mainland Land Use By-law
Page 104
with the Chain of Lakes Trail property line for the purpose of determining the
Streetline Grade along Joseph Howe Drive (RC-Aug 11/20;E-Aug 29/20).
RESIDENTIAL UNIT MIX
38BF(1)
Apartment house uses in a C-2C Zone shall include a mixture of dwelling unit
types. A minimum of 30 percent of the dwelling units within a building shall
contain two or more bedrooms.
PARKING
38BG(1)
Buildings erected, altered or used for C-2C uses in a C-2C Zone shall comply
with the following requirements:
(a)
Vehicular parking shall be enclosed in a building, or located to the rear
or side yard of the building; and
(b)
Notwithstanding subsection 9(d), parking for the following uses shall be
provided at the following ratios:
(i)
2 spaces per 100 m2 of gross floor area of office space;
(ii)
3 spaces per 100 m2 of gross floor area of retail/service store space;
and
(iii)
3 spaces per 100 m2 of gross floor area of restaurant space.
(c)
Repealed (RC-May 23/24;E-Jun 13/24)
(d)
Where parking requirements result in a fraction, the requirement shall
be rounded down to the nearest whole number.
SIGNS
38BH(1)
Any persons carrying on a use permitted by Subsection 38BA(1) may place upon
and parallel to the front of the building signage that comply with the following:
(a)
Where signs are illuminated, they shall be illuminated in such a manner
not to cause a glare or hazard to motorists, pedestrians or neighbouring
premises;
(b)
Fascia signs shall not extend beyond 15 cm on the extremity of a wall on
which they are affixed;
(c)
Maximum combined size of fascia signs on the wall of a building shall be
no greater than 10 percent of the total area of said wall;
(d)
Aggregate area of all window signs shall not exceed 25 percent of the
window, or glass area of a door, to which they are affixed;
(e)
Signs on awnings shall not cover more than 25 percent of the area of the
awning and the length of the text shall not exceed 80 percent of the length
of the front valance; and
(f)
No signs shall be permitted on the roof of a building.
Halifax Mainland Land Use By-law
Page 105
SETBACKS FROM BALCONIES
38BI(1)
Buildings erected, altered or used for C-2C uses in a C-2C Zone shall comply
with the following requirements:
(a)
No balcony shall be built closer than 2 m to a side or rear property line.
This does not include patios for dwelling units at grade.
MAIN FLOOR AND ENTRANCES
38BJ(1)
Buildings erected, altered or used for C-2C uses in a C-2C Zone shall comply
with the following requirements:
(a)
The ground floor of the streetwall shall be comprised of 60 percent
glazing;
(b)
The ground floor height of a commercial building shall be at least 4.5 m;
and
(c)
Commercial uses shall have separate exterior access from any access to
residential uses.
EXTERNAL BUILDING APPEARANCE
38BK(1)
The following external cladding materials shall be prohibited for all uses except
existing R-1 uses:
(a)
Vinyl;
(b)
Plywood;
(c)
Concrete block;
(d)
Exterior insulation and finish systems where stucco is applied to rigid
insulation; and
(e)
Darkly tinted or mirrored glass (not including spandrel panels) on the
ground floor.
LANDSCAPING AND BUFFERING
38BL(1)
Buildings erected, altered or used for C-2C uses in a C-2C Zone shall comply
with the following requirements:
(a)
Where the lands abut any residential zone, a landscaping area that is 6
metres in depth shall be provided along any abutting residential property
line. This landscaping area may be reduced to a depth of 1 metre of
landscaping if a 1.9 metre wooden, stone or acceptable equivalent, fence
is provided along the abutting residential property line. For greater
clarity, a 1.9 metre opaque fence and a landscaping area that is a
minimum 3 metres in depth is required along the eastern property
boundary for lands located at 44-58 Main Avenue that abuts a residential
zone (RC-May 23/24;E-Jun 13/24);
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(b)
The landscaped area shall be grassed, or alternatively, natural ground
covers such as water features, stone (washed or flat), mulch, perennials,
annuals, may be utilized. Within the landscaped area, trees, walls made
of natural materials, planters, and shrubs shall be utilized and shall be
planted at a rate of one (1) tree (minimum of 45mm caliber) and three (3)
shrubs per 4.6 metres of required landscaping; and
(c)
existing trees and shrubs shall be incorporated into the landscaped
setback, and where possible may be calculated as part of the one (1) tree
and three (3) shrubs per 4.6 metres requirement.
38BL(2)
For the purposes of 38BL(1), the provision of landscaping is required for the
alteration of an existing building where such alteration increases the ground
area of the existing building by at least 20%.
38BL(3)
Any building that is erected for any C-2C use in a C-2C Zone shall be required
to landscape the front yard setback. A driveway may be permitted cross this
landscaped area. This landscaped area shall comply with 38BL(1) (b) and
38BL(1) (c).
38BL(4) Any building that is erected for any C-2C use in the C-ZC Zone that includes an
exposed roof slab of an underground parking structure, which protrudes above
grade, shall be treated with no less than 60% soft landscaping on any above
grade portion that is exposed. (RC-Apr 4/23;May 19/23)
AMENITY SPACE
38BM(1) Apartment house buildings shall provide amenity space at a rate of 10 m2 per
unit, and shared housing uses shall provide amenity space at a rate of 5m2 per
bedroom in a shared housing use, (RC-Aug 9/22;E-Sep 15/22) in the form of unit
patios, unit balconies or terraces, and interior amenity space. Interior amenity
space shall include one of the following common elements:
(a)
fitness room of a minimum size of 40m2; or
(b)
community room of a minimum size of 40m2.
EXISTING STRUCTURES
38BN
Notwithstanding clauses 38BC(1) (c) and 38BC(1) (h), where an existing
commercial building is deemed to be nonconforming under this Bylaw, it shall
be allowed to be extended, enlarged or altered as long as the extension,
enlargement or alteration complies with this Bylaw or a variance is granted by
the Development Officer.
SERVICE STATIONS
38BO(1)
Any service station shall comply with the following requirements:
Halifax Mainland Land Use By-law
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(a)
lighting shall be directed away from any abutting residential zones;
(b)
enclose any commercial refuse container in a structure which screens
them from the street and abutting residential zones;
(c)
outdoor storage shall not be permitted; and
(d)
a 1.9 m fence with a landscaping strip of a minimum depth of 1 metre,
shall be provided where the lands abut a residential zone.
38BO(2)
Notwithstanding 38BL(1) (a), any service station shall require a minimum of a
2 metre wide strip of landscaped area, raised or otherwise protected, along that
part of the street line not required for the curb cut or pedestrian entrance;
THROUGH LOTS
38BP(1)
Notwithstanding subclause 38BC(1) (h), through lots located on Joseph Howe
Drive shall have a streetwall that extends a minimum of 65 percent of the lot
frontage on Joseph Howe Drive and 50 percent of the lot frontage on Percy
Street.
38BP(2)
Where a surface parking area is permitted for through lots located along Percy
Street, a landscaped area, measuring 6 metres in depth, measured from the
Percy Street street line, shall be provided in accordance with 38BL(1) (c) and
38BL(1) (d).
INTERIM BONUS ZONING (RC-May 23/24;E-Jun 13/24)
38BQ(1)
Any lands identified under Schedule A, Table 1 shall be subject to the Interim
Bonus Zoning Requirements found in Appendix A.
Halifax Mainland Land Use By-law
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C-2D ZONE : HERRING COVE ROAD RESIDENTIAL/MINOR
COMMERCIAL ZONE (RC - Nov 27/18; E - Jan
12/19)
38CA(1)
The following uses shall be permitted in the C-2D Zone:
(a)
apartment houses;
(aa)
shared housing use; (RC-Aug 9/22;E-Sep 15/22)
(b)
home occupations;
(c)
retail and rental stores, excluding:
(i)
motor vehicle dealers;
(ii)
motor vehicle repair shops;
(ii)
service stations; and
(iii)
adult entertainment uses;
(d)
health clinics;
(e)
appliance and small-scale electronics repair shops, including shoe
and clothing repair;
(f)
personal service uses including barber and beauty shops, self-service
laundries and funeral services;
(g)
theatres;
(h)
offices;
(i)
banks and other financial institutions;
(j)
restaurants;
(k)
community facilities;
(I)
commercial recreation uses;
(m)
day care facilities;
(n)
institutional uses; and
(o)
uses accessory to any of the foregoing uses.
38CA(2)
No person shall in any C-2D Zone, carry out, or cause or permit to be carried
out, any development for any purpose other than one or more of the uses set
out in subsection 38CA(1).
38CA(3)
No person shall in any C-2D Zone use or permit to be used any land or
building in whole or in part for any purpose other than one or more of the
uses set out in subsection 38CA(1).
LOT FRONTAGE AND AREA
38CB(1)
Buildings erected, altered or used for C-2D uses in a C-2D Zone shall comply
with the following requirements:
(a)
The minimum lot frontage shall be 70 metres (230 feet); and
(b)
The minimum lot area shall be 2000 square metres (21,529 square
feet).
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BUILT FORM REQUIREMENTS
38CC(1)
Buildings erected, altered or used for C-2D uses in a C-2D Zone shall comply
with the following requirements:
(a)
The streetwall shall be set back from the streetline a minimum of 1.5
metres and a maximum of 6.5 metres;
(b)
The maximum streetwall height shall be 10.5 metres from street line
grade, except:
(i)
the maximum streetwall height may be exceeded by a clear
uncoloured glass guard and railing system to allow for the safe
use of podiums and rooftops by the occupants of the building;
(c)
For a building located on Herring Cove Road, the length of the
streetwall on Herring Cove Road shall extend a minimum of 65
percent of the lot frontage;
(d)
A minimum setback of 6 metres shall be provided between side and
rear lot lines and the portion of the building above parking structures;
(e)
Above the streetwall, the building shall be stepped back a minimum of
3 metres for all portions of the building above the streetwall height
facing street lines;
(f)
The overall building shall not exceed seven storeys to a maximum
height of 25 metres;
(g)
The maximum height requirement in Section 38CC(1)(f) shall not
apply to a church spire, lightning rod, elevator enclosure, an elevator
enclosure above a structure required for elevator access to rooftop
amenity space, flag pole, antenna, heating, ventilation, air
conditioning equipment or enclosure of such equipment, skylight,
chimney, landscape vegetation, clock tower, solar collector, roof top
cupola, parapet, cornices, eaves, penthouses or other similar features,
provided:
(i)
the total of all such features shall occupy in the aggregate less
than 30% of the area of the roof of the building on which they
are located; and
(ii)
such features shall be setback no less than 3 metres from the
outermost edge of the roof on which they are located. No
setback is required for clock towers, parapets, cornices and
similar architectural features; and
(h)
Above a height of 10.5 metres, the building depth shall not exceed 25
metres. For the purposes of determining building depth on a corner
lot with frontage on Herring Cove Road, the front lot line shall be
considered the street line with Herring Cove Road.
LOT COVERAGE
38CD(1)
Buildings erected, altered or used for C-2D uses in a C-2D Zone shall comply
with the following requirements:
Halifax Mainland Land Use By-law
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(a)
The maximum lot coverage shall be 75 percent, except that parking
structures below grade, or extending no more than an average of 1
metre above grade, may cover 100 percent of the lot area.
COMMERCIAL MAIN FLOOR AND ENTRANCES
38CE(1)
Buildings erected, altered or used for C-2D uses in a C-2D Zone shall comply
with the following requirements:
(a)
No dwelling unit shall be located on the ground level facing Herring
Cove Road;
(b)
Entrances to commercial uses shall be located facing public streets;
and
(c)
The ground floor of the streetwall on Herring Cove Road shall be
comprised of 60 percent glazing and shall have a minimum height of
3.7 metres.
EXTERNAL BUILDING APPEARANCE
38CF(1)
The following external cladding materials shall be prohibited:
(a)
vinyl, except for vinyl windows;
(b)
plastic, except for architectural laminate panels;
(c)
bare or painted plywood;
(d)
standard concrete blocks, however architectural concrete products
are permitted;
(e)
exterior insulation and finish systems where stucco is applied to rigid
insulation as a primary weather protection for the building envelope;
(f)
mirrored glass in spandrel panels or vision glass panels; and
(g)
darkly tinted glass, excepting spandrel glass panels.
38CF(2)
Any exposed foundation wall or parking structure taller than 0.6 metres shall
be architecturally detailed or clad in a manner complementary to the exterior
cladding and materials of the main building.
RESIDENTIAL UNIT MIX
38CG(1)
Apartment houses in the C-2D Zone shall contain a minimum of 30 percent
of the dwelling units which are 2 bedrooms or greater.
LANDSCAPING AND BUFFERING
38CH(1)
Buildings erected, altered or used for C-2D uses in a C-2D Zone shall comply
with the following requirements:
(a)
All yards shall be landscaped open space.
Halifax Mainland Land Use By-law
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(b)
Repealed (RC-May 23/24;E-Jun 13/24)
(c)
Landscaped open space shall include soft landscaping.
(d)
Landscaped open space may include hard landscaping.
38CH(2)
Where the lands abut a residentially zoned or used property:
(a)
The whole landscaped open space shall be soft landscaping.
(b)
Trees and shrubs shall be utilized and shall be planted at a rate of one
(1) tree (minimum of 45mm caliper) and three (3) shrubs per 4.6
metres of required landscaping measured along the property line; and
(c)
Notwithstanding 38CH(2)(a) above, the required soft landscaping may
be reduced to a minimum width of 1 metre if:
(i)
a 2 metre wooden, stone (or acceptable equivalent) opaque
fence is provided along the abutting residential property line;
and
(ii)
hard landscaping materials are provided in the remainder of
the yard.
AMENITY SPACE
38Cl(1)
Apartment house buildings in a C2-D Zone shall provide amenity space at a
rate of 10 square metres per unit, and shared housing uses shall provide
amenity space at a rate of 5 square metres per bedroom in a shared housing
use, (RC-Aug 9/22;E-Sep 15/22) in the form of unit patios, unit balconies or
terraces, and interior amenity space. Interior amenity space shall include one
of the following common elements for use by the building's occupants:
(a)
fitness room of a minimum size of 40 square metres; or
(b)
community room of a minimum size of 40 square metres.
PARKING
38CJ(1)
Buildings erected, altered or used for C-2D uses in a C-2D Zone shall comply
with the following requirements:
(a)
Vehicle parking shall be enclosed in a building, or located in the rear
or side yard of the building and not visible from the public street;
(b)
Notwithstanding subclause 9(a)(ii), off street parking for residential
uses shall be provided as follows:
(i)
0.9 spaces for every unit of two or more bedrooms; and
(ii)
0.5 spaces for every bachelor unit or one-bedroom unit;
(iii)
0 spaces for shared housing uses. (RC-Aug 9/22;E-Sep 15/22)
(c)
Notwithstanding clause 9(d), off-street parking for the following uses
shall be provided at the following ratios:
(i)
1.8 spaces per 100 square metres of gross floor area of office
space;
(ii)
2.5 spaces per 100 square metres of gross floor area of
Halifax Mainland Land Use By-law
Page 112
retail/service store space; and
(iii)
3 spaces per 100 square metres of gross floor area of
restaurant space.
SIGNS
38CK(f)
For uses permitted by Section 38CA(1), signage may be placed upon the
building that complies with the following requirements:
(a)
Illuminated signs shall be illuminated in such a manner not to cause a
glare or hazard to motorists, pedestrians or neighbouring premises;
(b)
Fascia signs shall not extend beyond the extremity of a wall on which
they are affixed;
(c)
The maximum combined size of fascia signs on the wall of a building
shall be no greater than 10 percent of the total area of said wall;
(d)
One projecting sign per business premise, a maximum 1.9 square
metres in size shall be permitted;
(e)
The aggregate area of all window signs shall not exceed 25 percent of
the window, or glass area of a door, to which they are affixed;
(f)
Signs on awnings shall not cover more than 25 percent of the area of
the awning and the length of the text shall not exceed 80 percent of the
length of the front valance; and
(g)
No signs shall be permitted on the roof of a building.
Halifax Mainland Land Use By-law
Page 113
C-2 ZONE:
GENERAL BUSINESS ZONE
39(1)
The following uses shall be permitted in any C-2 Zone:
(a)
C-1 and C-2A uses
(b)
any commercial enterprise except when the operation of same would cause a
nuisance or a hazard to the public, and except adult entertainment uses, junk
yards and amusement centres;
(c)
(Deleted)
(ca) (Deleted)
(d)
(Deleted)
(e)
uses accessory to the foregoing uses
39(2)
No person shall in any C-2 Zone carry out, or cause or permit to be carried out, any
development for any purpose other than one or more of the uses set out in subsection
(1).
39(3)
No person shall in any C-2 Zone use or permit to be used any land or building in
whole or in part for any purpose other than one or more of the uses set out in
subsection (1).
40
(Deleted)
REQUIREMENTS
41
Buildings erected, altered or used for C-1, C-2A or C-2 uses in a C-2 Zone shall
comply with the following requirements:
(a)
lot coverage, maximum - 50 percent (except that a Motel building or buildings
shall occupy a surface area of not more than 30 percent of the total area of the
building lot);
(b)
(i)
every building shall be at least 12 feet from every other building and at
least 8 feet from the rear and both side lines of the lot on which it is
situated and at least 20 feet from any street line in front of such building;
(ii)
where the building is situated on a corner lot, it shall be at least 10 feet
from the flanking street line abutting such lot;
(c)
notwithstanding the provisions of clause (b) where:
(i)
the sidewalls of a building are fireproof to comply with the provisions of
the Building By-law of the city; and
(ii)
the abutting lot is not a lot in a residential zone which is used for
residential purposes.
Such building shall be exempt from the side building line requirements and the
distance requirements from any other building.
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Page 114
MAINLAND SOUTH AREA
41A(1)
Buildings erected, altered or used for C-1, C-2A or C-2 uses in a C-2 zone in the
"Mainland South Area", shall comply with the following requirements:
(a)
Buildings, parking, service areas, and circulation lanes must be a minimum of
30 feet from any rear or side lot line which abuts a residential zone. Except for
building, such setbacks shall not be required where screening in the form of a
solid fence or vegetative hedging is provided.
(b)
No vehicular access shall be obtained through a side or rear yard adjacent to a
residential zone.
(c)
Parking requirements shall be 5.5 spaces per 1,000 sq.ft. of G.F.A.
(RC-Aug 5/08;E-Aug 23/08)
(d)
(Previous Section Deleted)
(d)
Lot coverage maximum - 50 percent
SIGNS
42(1)
Each C-1, C-2A or C-2 use shall be permitted one identification sign which may be
illuminated.
42(2)
In addition to the sign permitted in (1), each property shall be permitted to erect one
free-standing identification sign which may be illuminated, provided that it will not
cause a nuisance or hazard to the public.
Halifax Mainland Land Use By-law
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C-6 ZONE:
ADULT ENTERTAINMENT ZONE
42A(1)
The following uses shall be permitted in any C-6 Zone:
(a)
C-2 uses as hereinbefore set out;
(b)
an adult entertainment use;
42A(2)
No person shall in any C-6 Zone carry out, or cause or permit to be carried out, any
development for any purpose other than one or more of the uses set out in subsection
(1).
42A(3)
No person shall in any C-6 Zone use or permit to be used any land or building in
whole or in part for any purpose other than one or more of the uses set out in
subsection (1), provided that in any one building only one adult entertainment use
shall be permitted.
REQUIREMENTS
42B
No front, side or rear yards are required for C-6 uses in C-6 Zones.
ADULT ENTERTAINMENT USES
42C
No development permit shall be issued for an adult entertainment use within 300 ft.
of the nearest property line of any land in any residential zone, or any school, library,
park, playground or other recreational facility, any church, convent, synagogue or
similar place of worship, or another adult entertainment use;
SIGNS
42D
Signs for the purpose of advertising an adult entertainment use shall:
(a)
be limited to one sign for each adult entertainment use;
(b)
advertise only the name of the adult entertainment use;
(c)
be not larger than 12 square feet;
(d)
be attached upon and parallel to the front of the building in which the use is
being carried on;
(e)
be the only advertising visible or audible from the outside of the building.
42E
A sign permitted under the provisions of Section 42D may be illuminated, provided
it does not constitute a nuisance or hazard to the public.
C-2 USES IN C-6 ZONE
42F
Buildings erected, altered or used for C-2 uses in a C-6 Zone shall comply with the
requirements of the C-2 Zone as detailed in Sections 39 to 42 inclusive.
Halifax Mainland Land Use By-law
Page 116
I-1 ZONE: GENERAL INDUSTRIAL ZONE
43(1)
The following uses shall be permitted in any I-l Zone:
(a)
any C-2 use;
(b)
an industrial enterprise except when the operation of same would cause a
nuisance or a hazard to the public and except junk yards;
(c)
cannabis production facilities (RC-Sep 18/18;E-Nov 3/18)
43(2)
No person shall in any I-1 Zone carry out, or cause or permit to be carried out, any
development for any purpose other than one or more of the uses set out in subsection
(1).
43(3)
No person shall in any I-1 Zone use or permit to be used any land or building in whole
or in part for any purpose other than one or more of the uses set out in subsection (1).
C-2 USES IN I-1 ZONE
44
Buildings erected, altered or used for C-2 uses in an I-1 Zone shall comply with the
requirements of a C-2 Zone.
REQUIREMENTS
45
Buildings erected, altered, repaired, maintained or used for I-1 uses in an I-1 Zone
shall comply with the following requirements:
(a)
The building lines applicable in an R-1 Zone shall apply to I-1 Zone, except
that when the appropriate walls of a building specified in Section 43(1)(a) and
(b) are fireproof to comply with the provisions of the Building By-law of the
municipality, such building shall be exempt from the side building line
requirements and the distance requirement from any other building; provided
that the exception shall not apply to a lot line abutting a lot used for residential
uses only but his proviso shall not apply to lots within an Industrial Zone which
do not abut on a Residential Zone.
OTHER REQUIREMENTS: CANNABIS PRODUCTION FACILITIES (RC-
Sep 18/18;E-Nov 3/18)
46
Where a lot containing a cannabis production facility abuts a lot
(i)
zoned or used for residential purposes, or
(ii)
that is used for a daycare, community centre, school, religious
institution, public park or playground,
Halifax Mainland Land Use By-law
Page 117
such facility, including any building or outdoor area used as a cannabis
production facility, shall be set back a minimum 230 feet (70 metres) from the
abutting lot line.
I-2 ZONE: RADIO TRANSMITTER ZONE
49(1)
The following uses shall be permitted in any I-2 Zone:
(a)
radio or television transmitter station;
(b)
uses accessory to any of the uses in (a).
49(2)
No person shall in any I-2 Zone carry out, or cause or permit to be carried out, any
development for any purpose other than one or more of the uses set out in subsection
(1).
49(3)
No person shall in any I-2 Zone use or permit to be used any land or building in whole
or in part for any purpose other than one or more of the uses set out in subsection (1).
REQUIREMENTS
50
Buildings erected, altered or used for I-2 uses in an I-2 Zone shall comply with the
following requirements:
(a)
The building lines applicable in an R-1 Zone shall apply to I-2 uses in an I-2
Zone except that when the appropriate walls of a building specified in Section
49 are fireproof to comply with the provisions of the Building By-law of the
municipality, such building shall be exempt from the side building line
requirements and the distance requirements from any other building; provided
that the exception shall not apply to a lot line abutting a lot use for residential
uses only, but this proviso shall not apply to lots within a commercial zone
which do not abut on a residential zone.
Halifax Mainland Land Use By-law
Page 118
I-3 ZONE: GENERAL INDUSTRIAL ZONE
50A(1)
The following uses shall be permitted in any I-3 Zone:
(a)
any industrial/commercial enterprise, except when the operation of same would
cause a nuisance or hazard to the public and except:
(i)
billboards;
(ii)
adult entertainment uses; and
(iii) amusement centres.
(b)
a public park.
(c)
cannabis production facility (RC-Sep 18/18;E-Nov 3/18)
50A(2)
No person shall in any I-3 Zone carry out, or cause or permit to be carried out, any
development for any purpose other than one or more of the uses set out in subsection
(1).
50A(3)
No person shall in any I-3 Zone use or permit to be used any land or building in whole
or in part for any purpose other than one or more of the uses set out in subsection (1).
REQUIREMENTS
50A (4)
No development permit shall be issued except in conformity with the following:
(a)
No front, side or rear yards are required in an I-3 Zone;
(b)
Any development undertaken in an I-3 Zone serviced with on-site sewage
disposal or water services shall be setback a minimum of 200 feet from the
ordinary high water mark of any lake or watercourse;
(c)
Any development undertaken in an I-3 Zone serviced with city sewer or
water services shall meet the watercourse setback and buffer requirements
of Section 14QA of this by-law; and
(d)
Any use permitted in the I-3 Zone shall be set back a minimum of 30 feet
from a collector roadway and 10 feet from all other roadways.
(HWCC-Sep 13/16;E-Oct 1/16)
SEWER AND WATER
50A(5)
Sewage disposal and water services may be provided on site or off site in any manner
consistent with the regulations of the Province of Nova Scotia, provided that no on-
site sewer and water services shall be permitted on land inside the Development
Boundary identified on Map II, Appendix "C" of the Halifax- Dartmouth
Metropolitan Regional Development Plan.
ACCESSORY BUILDINGS
50A(6)
Notwithstanding the provision of Section 2(a) hereof, an accessory building in the I-
3 Zone shall not have a maximum height requirement.
Halifax Mainland Land Use By-law
Page 119
SPECIAL PARKING
50A(7)
Notwithstanding Section 9(d) where a structure is built on a lot greater than 2 acres:
(a) parking shall be provided as follows:
(i)
office structure - 3 spaces per 1,000 square feet of gross floor area;
(ii)
retail or service structure - 4 spaces per 1,000 square feet of gross floor
area;
(iii) restaurant - 8 spaces per 1,000 square feet of gross floor area.
(b)
off street loading and unloading shall be provided at the sides and rear of the
building on a collector roadway except where a berm or other similar screening
a minimum 5 feet in height is provided between the loading area and the street.
(c)
driveways, parking areas, and loading and unloading areas shall be maintained
with a stable surface.
(d)
areas not used for parking, driveways, storage or other similar purposes shall
be landscaped.
SIGNS
Previous Section 50A(8)(a and b) Deleted and readopted with the following:
50A(8)
Each I-3 use shall be permitted identification signs, which may be illuminated on the
building, and one freestanding identification sign which may be illuminated, provided
that it is not located within 100 feet of the street line of Highway 102 and Highway
103 between the interchange with Highway 102 and the City of Halifax pumping
station at 120 Chain Lake Drive.
OTHER REQUIREMENTS: CANNABIS PRODUCTION FACILITIES (RC-
Sep 18/18;E-Nov 3/18)
50A(9)
Where a lot containing a cannabis production facility abuts a lot
(i)
zoned or used for residential purposes, or
(ii)
that is used for a daycare, community centre, school, religious institution,
public park or playground,
such facility, including any building or outdoor area used as a cannabis
production facility, shall be set back a minimum 230 feet (70 metres) from the
abutting lot line.
Halifax Mainland Land Use By-law
Page 120
P ZONE: PARK AND INSTITUTIONAL ZONE
51(1)
The following uses shall be permitted in any P Zone:
(a)
a public park;
(b)
a recreation field, sports club, and community facilities;
(c)
a cemetery;
(d)
a hospital, public school, university, monastery, church, library, court of law,
or other institution of a similar type, either public or private;
(da) a shared housing with special care; (RC-Aug 9/22;E-Sep 15/22)
(db) a shared housing use with 10 or fewer bedrooms; (RC-Aug 9/22;E-Sep
15/22)
(e)
an institution used for the advancement of public school education services;
(f)
uses accessory to any of the uses in (a), (b), (c), (d), (da), (db) (RC-Aug
9/22;E-Sep 15/22) and (e);
(g)
day care facility (RC-Mar 3/09;E-Mar 21/09).
51(2)
No person shall in any P Zone carry out, or cause or permit to be carried out, any
development for any purpose other than one or more of the uses set out in subsection
(1).
51(3)
No person shall in any P Zone use or permit to be used any land or building in whole
or in part for any purpose other than one or more of the uses set out in subsection (1).
SIGNS
52
No person shall in a P Zone erect, place or display any billboard or sign except:
(a)
One fascia sign per building elevation facing a street;
(b)
One fascia sign for the building elevation containing the main entrance where
such entrance does not face a street;
(c)
One free standing sign not to exceed 12 feet in height and 40 square feet in area
(per side) per vehicular entrance and pedestrian entrance where such entrance
is not part of a vehicular entrance, provided, however, that where the property
contains more than one principal park and institutional use such sign shall not
exceed 18 feet in height and an additional 10 square feet of area may be added
to a maximum of 80 square feet (per side) for each additional park and
institutional use;
(d)
The signs permitted by (a), (b), and (c) may be illuminated;
(e)
The signs permitted by (a), (b), and (c) shall be limited to indicating the name
of the building or site and civic address of the property on which it is located,
the logo, slogan or motto of the occupant of such building or site; and
(f)
The signs permitted by (a), (b) and (c) may also contain a changeable message
area which shall be limited to indicating the name, date and time of an event
taking place on the site.
Halifax Mainland Land Use By-law
Page 121
REQUIREMENTS
53
Buildings erected, altered or used for P uses in a P Zone shall comply with the
following requirements:
(a)
Every building shall be at least 12 feet from any other building and at least 8
feet from the rear and both side lines of the lot on which it is situated and at
least 20 feet from any street line in front of such building;
(b)
Notwithstanding the provisions of clause (a), a carport or a detached or attached
non-commercial garage shall be located not less than 4 feet from the rear and
both side lines of the lot on which it is situated, and shall be located 8 feet from
any other building;
(c)
Where a building is situated on a corner lot, it shall be at least 20 feet from each
street line abutting such lot.
DRIVEWAY ACCESS
53A(1)
In the "Bedford Highway Area" one vehicle access point shall be permitted to the
Highway from each lot with 100 feet of frontage or less and two vehicle access points
shall be permitted for each lot with frontage greater than 100 feet.
53A(2)
For the purposes of Subsection (1), the vehicle access point shall not exceed 35 feet
in width and shall be defined by curbing, planting or a similar device that will not
obstruct the view of traffic.
HRM PARK AT HERRING COVE ROAD AND WILLIAMS LAKE ROAD
(RC-Jun 10/14;E-Jul 26/14)
53A(3)
Notwithstanding subsection 51(1), uses permitted by clauses 51(1)(b), 51(1)(c),
51(1)(d), 51(1)(e), and 51(1)(g) shall not be permitted at the site identified as
Pocket Park on ZM-26.
Halifax Mainland Land Use By-law
Page 122
U-2 ZONE:
HIGH DENSITY UNIVERSITY
53AA(1)
The following uses shall be permitted in any U-2 Zone:
(a)
any university use;
(b)
uses accessory to any of the foregoing uses.
53AA(2)
No person shall in any U-2 Zone carry out, or cause or permit to be carried out, any
development for any purpose other than one or more of the uses set out in Subsection
(1).
53AA(3)
No person shall in any U-2 Zone use or permit to be used any land or building in
whole or in part for any purpose other than one or more of the uses set out in
Subsection (1).
53AB
In the area designated as "Bedford Highway Area" any U-2 use shall be set back a
minimum of 50 feet from any property line that abuts a residential zone.
DRIVEWAY ACCESS
53AC(1)
In the "Bedford Highway Area" one vehicle access point shall be permitted to the
Highway from each lot with 100 feet of frontage or less and two vehicle access points
shall be permitted for each lot with frontage greater than 100 feet.
53AC(2)
For the purposes of Subsection (1), the vehicle access point shall not exceed 35 feet
in width and shall be defined by curbing, planting or a similar device that will not
obstruct the view of traffic.
Halifax Mainland Land Use By-law
Page 123
T ZONE: MOBILE HOME PARK ZONE
54(1)
The following uses shall be permitted in any T Zone:
(a)
mobile home park;
(a.1) Semi-detached dwellings within the Urban Service Area; (RC-May
23/24;E-Jun 13/24)
(a.2) Duplex Dwelling within the Urban Service Area; (RC-May 23/24;E-Jun
13/24)
(a.3) Apartment houses containing 3 or 4 dwelling units within the Urban
Service Area; (RC-May 23/24;E-Jun 13/24)
(aa) Shared housing use with 10 or fewer bedrooms in conjunction with a
permitted dwelling unit; (RC-Aug 9/22;E-Sep 15/22)
(b)
any use accessory to the uses in (a) and (aa) (RC-Aug 9/22;E-Sep 15/22).
54(2)
No person shall in any T Zone carry out, or cause or permit to be carried out, any
development for any purpose other than one or more of the uses set out in subsection
(1).
54(3)
No person shall in any T Zone use or permit to be used any land or building in whole
or in part for any purpose other than one or more of the uses set out in subsection (1).
REQUIREMENTS
55
Buildings erected, altered or used or land used for T uses in a T Zone shall comply
with the provisions of the Mobile Home By-law of the Municipality of the County
of Halifax as amended to the first day of January, 1969.
Halifax Mainland Land Use By-law
Page 124
H ZONE: HOLDING ZONE
61(1)
The following uses shall be permitted in any H Zone:
(a)
a detached one-family dwelling, provided that on-site sewage disposal and
water services are provided on the lot on which the dwelling is proposed to be
located;
(aa) a shared housing use with 10 or fewer bedrooms in conjunction with a
permitted dwelling unit; (RC-Aug 9/22;E-Sep 15/22)
(b)
a public park or playground;
(c)
a public recreational centre, provided that sewer and water service connections
for the centre are made to the existing city services;
(d)
the office of a professional person located in the dwelling house used by such
professional person as his private residence;
(e)
any use, other than a privy, accessory to any of the uses in (a), (aa) (RC-Aug
9/22;E-Sep 15/22), (b), (c) and (d).
61(2)
No person shall in any H Zone carry out, or cause or permit to be carried out, any
development for any purpose other than one or more of the uses set out in subsection
(1).
61(3)
No person shall in any H Zone use or permit to be used any land or building in whole
or in part for any purpose other than one or more of the uses set out in subsection (1).
REQUIREMENTS FOR SFD IN HOLDING ZONE
61(4)
Buildings erected, altered or used as single family residences in a Holding Zone shall
comply with the "Single Family Dwelling Zone" requirements as contained in Section
21(a) and (c) through (h) inclusive of this by-law.
348 PURCELL'S COVE ROAD (RC-Aug 2/16;E-Sep 3/16)
61(5)
Notwithstanding the definitions of "accessory building" and "accessory use" in
sections 2, sections 14A, 14C, and 14U, clauses 21 (a), (b), (ba), (e), (f) and (g))
and subsections 61(1), 61(2), 61(3), 61(4), for those properties known as Lots G1,
G2 and a portion of a water lot located at 348 Purcell's Cove Road, Halifax (PID
#00270975, 41158452 and 00633511) and shown on Map ZM-27, the following
shall apply:
(a)
An existing single family dwelling and an accessory building shall be
permitted on Lot G2 (PID #41158452) and a portion of a water lot (PID
#00633511) as shown on Map ZM-27. No additions to the single family
dwelling building or the accessory building which would increase the
floor area on Lot G2 shall be permitted. No new buildings on Lot G2 shall
be permitted. However, nothing in this clause shall prevent repairs and
renovations to or the replacement of buildings that existed on the effective
date of this provision on Lot G2;
Halifax Mainland Land Use By-law
Page 125
(b)
(i)
An accessory building existing on the effective date of this
provision and located in the northern corner of Lot G1 (PID
#00270975) shall be permitted:
(A)
to be accessory to the dwelling located on Lot G2,
(B)
at a height of a maximum of three storeys and a maximum
of thirty (30) feet and
(C)
to have a minimum setback of zero (0) feet from a side or
rear property line, as shown on Map ZM-27.
(ii) The accessory building in the northern corner of Lot G1 shall not
be occupied at any time as a dwelling.
(iii)
No additions to the accessory building in the northern corner of
Lot G1 which would increase the floor area of this building or
increase the existing height of this building shall be permitted.
(iv)
However, nothing in this clause shall prevent repairs and
renovations to or the replacement of the accessory building in the
northern corner of Lot G1;
(c)
An existing accessory building located on the eastern side of Lot G1 (PID
#00270975) shall be permitted to have a minimum setback of zero (0) feet
from a side or rear property line, as shown on Map ZM-27. Additions to
this building shall comply with clause 21(f) and shall have a maximum
height of fourteen (14) feet;
(d)
The southernmost accessory building on Lot G1 shall be permitted to
expand, subject to compliance with clause 21(f) and subject to a
maximum height of fourteen (14) feet;
(e)
New accessory buildings on Lot G1 which are accessory to the dwelling
located on Lot G2 shall comply with the requirements of Section 21 and
shall have a maximum height of fourteen (14) feet; and
(f)
The provisions of clauses 61(5) (a), (b), (c), (d), (e) and subsection 62EE
(7) shall not exempt the existing buildings from any associated approvals
from any agency or government which may be necessary in order to
obtain municipal permits for the existing buildings.
Halifax Mainland Land Use By-law
Page 126
US (URBAN SETTLEMENT) ZONE (RC-Jun 25/14;E-Oct 18/14)
61A(1)
The following uses shall be permitted in any US Zone:
Single family dwellings, on lots on an existing road(s) provided that a private on-
site sewage disposal system and well are provided on the lot
Shared housing use with 10 or fewer bedrooms in conjunction with a permitted
dwelling unit (RC-Aug 9/22;E-Sep 15/22)
Passive recreation uses
Public parks and playgrounds
Uses accessory to the foregoing uses
61A(2)
No person shall in any US Zone use or permit to be carried out, any development
for any purpose other than one or more of the uses set out in subsection (1).
61A(3)
No person shall in any US Zone use or permit to be used any land or building in
whole or in part for any purpose other than one or more of the uses set out in
subsection (1).
REQUIREMENTS
61A(4)
Buildings erected, altered or used for US uses in a US Zone shall comply with
the following requirements:
Minimum Lot Area:
2ha
Minimum Frontage:
110m
Minimum Front or Flankage Yard:
9.1m
Minimum Side Yard:
2.5m
Minimum Rear Yard:
15m
Maximum Lot Coverage:
10%
Maximum Height of Main Building: 11m
KEARNEY LAKE - RESIDENTIAL ENVIRONMENTS
61A(5)
Notwithstanding Sections 61A(1) through 61A(4), within the area, identified on
Schedule ZM-35, existing lots which abut the existing public street network
(NWCC-Mar 27/23;E-Apr 12/23) shall be developed subject to the permitted
uses and requirements of the R-2 Zone (Two-Family Dwelling Zone).
Halifax Mainland Land Use By-law
Page 127
UR (URBAN RESERVE) ZONE (RC-Jun 25/14;E-Oct 18/14)
61AA(1)
The following uses shall be permitted in any UR Zone:
(a)
Single family dwellings, on existing lots or lots approved pursuant to
Section 38 of the Subdivision By-law provided that a private on-site sewage
disposal system and well are provided on the lot
(aa) Shared housing use with 10 or fewer bedrooms in conjunction with a
permitted dwelling unit (RC-Aug 9/22;E-Sep 15/22)
(b)
Passive recreation uses
(c)
Uses accessory to the foregoing uses
61AA(2)
No person shall in any UR Zone use or permit to be carried out, any development
for any purpose other than one or more of the uses set out in subsection (1).
61AA(3)
No person shall in any UR Zone use or permit to be used any land or building in
whole or in part for any purpose other than one or more of the uses set out in
subsection (1).
REQUIREMENTS
61AA(4)
Buildings erected, altered or used for UR uses in a UR Zone shall comply with
the following requirements:
Minimum Front or Flankage Yard:
9.1m
Minimum Side Yard:
2.5m
Minimum Rear Yard:
2.5m
Maximum Lot Coverage:
35%
Maximum Height of Main Building: 11m
Halifax Mainland Land Use By-law
Page 128
PWS (PROTECTED WATER SUPPLY) ZONE (RC-Jun 25/14;E-Oct
18/14)
62(1)
The following uses shall be permitted in any PWS Zone:
(a)
Municipal water distribution or purification facilities
(b)
Conservation uses
(c)
Uses accessory to the foregoing uses
62(2)
No person shall in any PWS Zone use or permit to be carried out, any
development for any purpose other than one or more of the uses set out in
subsection (1).
62(3)
No person shall in any PWS Zone use or permit to be used any land or building
in whole or in part for any purpose other than one or more of the uses set out in
subsection (1).
REQUIREMENTS
62(4)
Buildings erected, altered or used for PWS uses in a PWS Zone shall comply
with the following requirements:
Minimum Front or Flankage Yard:
9.1m
Minimum Rear or Side Yard:
4.6m
62(5)
OTHER
REQUIREMENTS:
SETBACKS
FROM
WATER
SUPPLY
SOURCES (RC-Jun 25/14;E-Oct 18/14)
(a)
No development permit shall be issued for any development within 30.5
metres of any lake or other watercourse within the PWS (Protected Water
Supply) Zone, except for the uses permitted under Section 62(1).
(b)
Nothwithstanding Section 14QA(1), water distribution or purification uses
may be built to the lot line where the line corresponds to the shore line.
Halifax Mainland Land Use By-law
Page 129
RDD ZONE:
RESIDENTIAL DEVELOPMENT DISTRICT ZONE
62A(1)
The following uses shall be permitted in any RDD Zone:
(a)
R-1 and R-2 uses as hereinbefore set out;
(b)
Uses accessory to the foregoing.
R-1 AND R-2 USES IN RDD ZONE
62A(2)
Buildings erected, altered or used for R-1 and R-2 uses in an RDD zone shall comply
with the requirements of the R-1 and R-2 zones respectively.
62A(3)
No person shall in any RDD zone carry out, or cause or permit to be carried out, any
development for any purpose other than one or more of the uses set out in
subsection(1).
62A(4)
No person shall in any RDD zone use or permit to be used any land or building in
whole or in part for any purpose other than one or more of the uses set out in
subsection (1).
62B(1)
Notwithstanding any other provision of this by-law, Council may, by resolution,
approve any specific development application pursuant to Policy 1.5.1 of Part II,
Section X (Schedule I) of the Municipal Planning Strategy.
62B(2)
Application for development agreements in any Residential Development District
(RDD) shall include the following information:
(i)
a legal description of the total site proposed for development, to include present
and proposed ownership;
(ii)
a development schedule to indicate the stages or phases of development from
beginning to completion;
(iii) total number and type of dwelling units, lot size, proposed lot coverages,
approximate gross and net population densities, total amount of open space and
usable open space, total amount of commercial and, where applicable,
institutional facilities;
(iv) site plan and supporting maps to describe existing topographic conditions
including contours at 5 foot intervals, water courses or bodies, flood plains,
wetlands, significant natural features and forest cover including the general
location of trees 6 inches in diameter or greater, proposed lot lines, location and
size of all existing and proposed buildings and structures including maximum
heights, types of dwelling units, density per type, and non-residential
structures;
(v)
the location and size of all areas to be dedicated or reserved as common open
spaces, public parks, recreation areas, and other public uses; existing and
proposed street circulation systems including parking and serviced areas, and
major points of ingress and egress to the development; existing and proposed
pedestrian circulation system, including its interrelationship with the vehicular
Halifax Mainland Land Use By-law
Page 130
circulation system; existing and proposed public utility system, and, where
applicable, provide sanitary and water systems on and adjacent to the
development site; and general schematic landscape plan indicating the
treatment of private and public open spaces, information on areas adjacent to
the proposed development to indicate the relationship to these areas, to include
land uses, zoning classifications, densities, circulation systems, public facilities
and significant natural features and sensitive landscape.
(vi) any other information which may be required to evaluate the impact of the
proposed development.
Halifax Mainland Land Use By-law
Page 131
WC ZONE:
WESTERN COMMON ZONE
62AA (1) The following uses shall be permitted in any WC Zone:
(c)
Conservation related uses;
(d)
Trails, picnic areas and wilderness campsites;
(e)
Public and private parks and playgrounds;
(f)
Recreation uses with the exception of golf courses;
(g)
Historic sites and monuments;
(h)
Churches and cemeteries;
(i)
Uses accessory to the foregoing.
62AA(2)
No person shall in any WC Zone carry out, or cause or permit to be carried out, any
development for any purpose other than one or more of the uses set out in subsection
(1).
62AA(3)
No person shall in any WC Zone use or permit to be used any land or building in
whole or in part for any purpose other than one or more of the uses set out in
subsection (1).
62AA(4)
WC ZONE REQUIREMENTS
In any WC Zone no development permit shall be issued except in conformity with
the following:
(a)
Minimum lot area
100,000 square feet (9,289 square meters)
(b)
Minimum building
setback from any
property line
30 feet (9.1 meters)
(c)
Maximum lot coverage
35 percent
(d)
Maximum height
(main Building)
35 feet
(e)
No buildings, structure or parking areas shall be located within 300 feet (91.4
meters) of any watercourse except for buildings or structures intended for
conservation related uses or non-motorized water related recreation uses.
Halifax Mainland Land Use By-law
Page 132
WCDD ZONE: WENTWORTH COMPREHENSIVE DEVELOPMENT
DISTRICT
62AC
No municipal development permit or subdivision approval shall be granted except in
accordance with the terms and conditions of a development agreement approved by
Council and in effect.
Halifax Mainland Land Use By-law
Page 133
BWCDD ZONE: BEDFORD WEST COMPREHENSIVE
DEVELOPMENT DISTRICT ZONE
62AD (1) No development permit shall be issued for a development with a Bedford West
Comprehensive Development District (BWCDD) Zone except in accordance
with a development agreement approved pursuant to policies contained in the
Bedford West Secondary Planning Strategy. (RC-Jun 20/06;E-Jul 29/06)
62AD (2)
Notwithstanding 62AD(1), Utility Uses shall be permitted at PID 40379257 and
PID 00289215 (Municipal Affairs-Housing-Nov 21/23;E-Dec 20/23). (RC-Dec
14/21;E-Feb 12/22)
62AD (3)
No development permit shall be issued for a Utility Use except in conformity
with the following requirements:
Minimum Lot Area..............................................................6,000 sq.ft.
Minimum Lot Frontage............................................................60 ft.
Minimum Front Yard..........Local Street 20 ft., Collector or Arterial 30 ft.
Minimum Rear Yard................................................................20 ft.
Minimum Side Yard..................................................................8 ft.
Minimum Flankage Yard.........Local Street 20 ft., Collector or Arterial 30 ft.
Maximum Height of Building........................................................35 ft.
Lot Coverage............................................................................35%
(RC- Dec 14/21; E-Feb 12/22)
Halifax Mainland Land Use By-law
Page 134
SRCDD ZONE: SETON RIDGE COMPRENSIVE DEVELOPMENT
DISTRICT ZONE (RC-Jul 17/18;E-Jul 28/18)
62AE(1)
The following uses shall be permitted in any SRCDD Zone:
(a)
Existing uses
(b)
Public Parks
62AE(2) With the exception of permitted uses, no development permit shall be issued for
a development within a Seton Ridge Comprehensive Development District
(SRCDD) Zone except in accordance with a development agreement approved
pursuant to policy 8A.11 of the Bedford Highway Secondary Planning
Strategy.
Halifax Mainland Land Use By-law
Page 135
WCCDD ZONE: WESTERN COMMON COMPREHENSIVE
DEVELOPMENT DISTRICT
62AB(1)
No municipal development permit shall be granted except in accordance with the
terms and conditions of a development agreement approved by Council and in effect.
62AB(2)
Application for development agreements in any Western Common Comprehensive
Development District (WCDD) Zone shall include the following information:
(i)
a legal description of the total site proposed for development, to include present
and proposed ownership;
(ii) a development schedule to indicate the stages or phases of development from
the beginning to completion;
(iii) total number and type of dwelling units, lot size, proposed lot coverages,
approximate gross and net population densities, total amount of open space and
useable open space, total amount of commercial and, where applicable,
institutional facilities;
(iv) site plan and supporting maps to describe existing topographic conditions
including contours at 5 foot intervals, water courses or bodies, flood plains,
wetlands, significant natural features and forest cover including the general
location of trees 6 inches in diameter or greater, proposed lot lines, location and
size of all existing and proposed buildings and structures including maximum
heights, types of dwelling units, density per type and non-residential structures;
(v) the location and size of all area to be dedicated or reserved as common open
spaces, public parks, recreation areas, and other public uses; existing and
proposed street circulation systems including parking and serviced areas, and
major points of ingress and egress to the development; existing and proposed
pedestrian circulation system; including its interrelationship with the vehicular
circulation system; existing and proposed public utility system, and, where
applicable, provide sanitary and water systems on and adjacent to the
development site; and general schematic landscape plan indicating the
treatment of private and public open spaces, information on areas adjacent to
the proposed development to indicate the relationship to these area, to include
land uses, zoning classifications, densities, circulation systems, public facilities
and significant natural features and sensitive landscape.
(vi) Any other information which may be required to evaluate the impact of the
proposed development.
Halifax Mainland Land Use By-law
Page 136
CD-1:
C&D MATERIALS TRANSFER STATIONS ZONE
62BA(1)
The following uses shall be permitted in any CD-1 Zone:
(a)
Construction and Demolition Materials Transfer Stations
(b)
Uses accessory to permitted use
62BA(2)
No person shall in any CD-1 Zone carry out, or cause or permit to be carried out, any
development for any purpose other than one or more of the uses set out in subsection
(l).
62BA(3)
No person shall in any CD-1 Zone use or permit to be used any land or building in
whole or in part for any purpose other than one or more of the uses set out in
subsection (l).
REQUIREMENTS
62BB(1)
Buildings erected, altered, or used for CD-1 uses in a CD-1 Zone shall comply with
the following requirements:
Minimum Lot Area
3,716 square metres
(40,000
square
feet)
central services
11,148 square metres
(120,000 square feet) on-
site services
Minimum Frontage
15 metres
(49.2 feet) central services
30 metres
(98.4 feet) on-site services
Minimum Front Yard
25 metres
(82.0 feet)
Minimum Side Yard
30 metres
(98.4 feet)
Minimum Rear Yard
30 metres
(98.4 feet)
Maximum Lot Coverage
50 %
Maximum Height
11 metres
(36.0 feet)
OTHER REQUIREMENTS
62BB(2)
No development permit shall be issued for a C&D Materials Transfer Station except
in compliance with the following provisions:
(a)
any building or structure shall meet the following separation distances:
(i) from any property line
30 metres
(98.4 feet)
(ii) from the nearest residential
dwelling or institutional use
60 metres
(196.9 feet)
(iii) from a watercourse
30 metres
(98.4 feet)
(b)
notwithstanding Section 62BB(2)(a), where a building or structure is not to be
located within 250 metres of a residential or institutional use or building, the
building setback from any property line may be reduced to 10 metres (32.8
feet).
Halifax Mainland Land Use By-law
Page 137
(c) notwithstanding Section 62BB(2)(a), any C&D Materials Transfer Station
which is to be totally enclosed within a building (no outdoor storage of material,
product, or equipment) the building setback from any property line may be
reduced to 10 metres (32.8 feet).
62BB(3)
GENERAL REQUIREMENTS
No development permit shall be issued for a C&D Materials Operation except in
compliance with the following provisions:
(a)
no operation shall be permitted, result in, causes or produces any of the
following effects discernible outside any building or structure or affecting any
adjacent property:
(i)
noise or sound which is obnoxious because of its volume, duration,
intermittent beat, frequency, or shrillness;
(ii)
dissemination of smoke, fumes, gas, dust, odour, or any atmospheric
pollutant; or
(iii) discharge of any waste material whatsoever into a watercourse or water
resource except in accordance with the applicable government
requirements.
(b)
notwithstanding any other provisions of this by-law, C&D Materials
Operation may occur either inside or outside of a building;
(c)
there shall be a landscaped area of at least 4.5 metres (14.8 feet) in depth
that runs the length of and directly abuts the front lot line, excluding driveway
openings, and such land within this required landscaped area shall be grassed
(or other appropriate vegetation ground cover) and trees and shrubs shall be
planted (trees shall be a minimum of 1.8 metres (6 feet) in height) or existing
trees and shrubs shall be maintained at a minimum rate of one (1) plant per
each 2 metres (6.6 feet) of frontage;
(d)
notwithstanding Section 62BB(3)(c), if the front yard area is treed, the
landscaped area is not required but all vegetation within 10 metres of the front
lot line shall be retained and maintained;
(e)
no portion of the operation shall be located within any side, rear, or front yard
setback;
(f)
no operation shall have direct access to either a local or subdivision road, as
determined by the Municipality's Traffic and Transportation Services
Division and any access road for such operations shall not occur through lands
zoned for residential (R-1, R-2, R-2P, R-2T, R-2AM, R-3,R-4,T,H, and RDD)
or community use (P or WC and WC); and
(g)
no portion of the operation shall be located within a 1:100 year floodplain.
SITE PLAN APPROVAL
62BB(4)
All C&D Materials Operations are subject to approval of a site plan. The
Development Officer shall approve a site plan where the following matters have been
addressed:
Halifax Mainland Land Use By-law
Page 138
(a)
driveway access to the site shall be located in such a manner to minimize land
use impacts on adjacent land uses;
(b)
separation distances shall be provided from any structure on the site and
abutting residential or community facility properties to ensure the development
does not negatively impact upon surrounding properties;
(c)
all off-street loading and unloading areas, stockpiles, processing areas, and
parking facilities shall be located on the site such that no aspect impacts upon
adjacent uses or streets and screening can be in the form of fencing, berms,
vegetation, or a combination of elements;
(d)
a landscaping plan shall be prepared that protects and minimize land use
impacts on adjoining lands and the plan shall indicate the type, size, and
location of all landscaping elements including the landscaping along the front
of the property, to achieve the objective of the plan;
(e)
within any designated side and rear yards, existing vegetation shall be retained
unless it does not provide for adequate screening measures;
(f)
all outdoor lighting shall be oriented such that it is directed away from adjacent
properties;
(g)
all solid waste storage containers shall be screened from view from adjacent
properties and streets;
(h)
impact of the location, number and size of signs;
(i)
measures, including but not limited to lot grading, berms, shall be required to
adequately address the management of stormwater and surface water; and
(j) provisions are established to ensure the operation and any required site
improvements are maintained to a high standard.
Halifax Mainland Land Use By-law
Page 139
CD-2:
C&D MATERIALS PROCESSING FACILITIES ZONE
62CA(1)
The following uses shall be permitted in any CD-2 Zone:
(a)
CD-1 uses
(b)
Construction and Demolition Materials Processing Facilities
(c) Uses Accessory to permitted uses, excluding construction and demolition
disposal
(d) Accessory dwelling unit which are provided for the purposes of safety, security,
or maintenance
62CA(2)
No person shall in any CD-2 Zone carry out, or cause or permit to be carried out, any
development for any purpose other than one or more of the uses set out in subsection
(l).
62CA(3)
No person shall in any CD-2 Zone use or permit to be used any land or building in
whole or in part for any purpose other than one or more of the uses set out in
subsection (l).
REQUIREMENTS
62CB(1)
Buildings erected, altered or used for CD-1 uses in a CD-2 zone shall comply with
the requirements of the CD-1 zone.
62CB(2)
Buildings erected, altered, or used for CD-2 uses in a CD-2 Zone shall comply with
the following requirements:
Minimum Lot Area
3,716 square metres
(40,000 square feet) -
central services
11,148 square metres (120,000 square feet) on-
site services
Minimum Frontage
15 metres
(49.2 feet) central services
30 metres
(98.4 feet) on-site services
Minimum Front Yard
30 metres
(98.4 feet)
Minimum Side Yard
30 metres
(98.4 feet)
Minimum Rear Yard
30 metres
(98.4 feet)
Maximum Lot Coverage
50 %
Maximum Height
11 metres
(36.0 feet)
OTHER REQUIREMENTS
62CB(3)
No development permit shall be issued for C&D materials processing facility except
in compliance with the following provisions:
(a)
any building, structure or area used for processing shall meet the following
separation distances:
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(i) from any property line
60 metres
(196.8 feet)
(ii)
from the nearest residential dwelling or
institutional use
90 metres
(295.3 feet)
(iii) from a watercourse
60 metres
(196.8 feet)
(b)
notwithstanding Section 62CB(3)(a), where a building or structure is not to be
located within 250 metres of a residential or institutional use or building, the
building setback from any property line may be reduced to 10 metres (32.8
feet).
(c)
notwithstanding Section 62CB(3)(a), any C&D Materials Processing Facility
which is to be totally enclosed within a building (no outdoor storage of material,
product, processing area, or equipment) the building setback from any property
line may be reduced to 10 metres (32.8 feet).
GENERAL REQUIREMENTS
62CB(4)
No development permit shall be issued for a C&D Materials Operation except in
compliance with the following provisions:
(a)
the operation complies with the general zone requirements as outlined in
Section 62BB(3); and
(b)
notwithstanding Sections 62CB(1) to 62CB(3), inclusive, more than one C&D
Materials operation is permitted on a site and each use shall be subject to the
applicable standards unless the uses are not clearly differentiated than the more
stringent requirements shall apply to the permitted uses.
SITE PLAN APPROVAL
62CB(5)
C&D Materials Operations are subject to approval of a site plan. The Development
Officer shall approve a site plan for each use which deals with those matters outlined
in Section 62BB(4).
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CD-3:
C&D MATERIALS DISPOSAL SITES ZONE
62DA(1)
The following uses shall be permitted in any CD-3 Zone:
(a)
CD-1 and CD-2 uses
(b)
Construction and Demolition Materials Disposal Sites
(c) Uses Accessory to permitted uses
62DA(2)
No person shall in any CD-3 Zone carry out, or cause or permit to be carried out, any
development for any purpose other than one or more of the uses set out in subsection
(l).
62DA(3)
No person shall in any CD-3 Zone use or permit to be used any land or building in
whole or in part for any purpose other than one or more of the uses set out in
subsection (l).
REQUIREMENTS
62DB(1)
Buildings erected, altered or used for CD-1 or CD-2 uses in a CD-3 zone shall comply
with the requirements of the CD-1 or CD-2 zones respectively.
62DB(2)
Buildings erected, altered, or used for CD-3 uses in a CD-3 Zone shall comply with
the following requirements:
Minimum Lot Area
11,148 square metres (120,000 square feet)
Minimum Frontage
15 metres
(49.2
feet)
-
central
services
30 metres
(98.4
feet)
-
on-site
services
Minimum Front Yard
50 metres
(164 feet)
Minimum Side Yard
50 metres
(164 feet)
Minimum Rear Yard
50 metres
(164 feet)
Maximum Lot Coverage
50 %
Maximum Height
11 metres
(36.1 feet)
OTHER REQUIREMENTS:
62DB(3)
No development permit shall be issued for C&D disposal site except in compliance
with the following provisions:
(a)
no portion of the operation shall be located within 60 metres (196.8 feet) of any
side or rear property line abutting a residential or community facility use;
(b)
any building or structure used in conjunction with a disposal operation shall
meet the following separation distances:
(i)
from any property line
50 metres
(164 feet)
(ii)
from the nearest residential dwelling or
institutional use
90 metres
(295.3 feet)
Halifax Mainland Land Use By-law
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(iii) from a watercourse
60 metres
(196.8 feet)
GENERAL REQUIREMENTS
62DB(4)
No development permit shall be issued for a C&D Materials Operation except in
compliance with the following provisions:
(a)
the operation complies with the general zone requirements as outlined in
Section 62BB(3).
(b)
Notwithstanding Sections 62DB(1) to 62DB(3), inclusive, more than one C&D
Materials operation is permitted on a site and each use shall be subject to the
applicable standards unless the uses are integrated than the more stringent
requirements shall apply to the permitted uses.
SITE PLAN APPROVAL
62DB(5)
C&D Material Operations are subject to approval of a site plan. The Development
Officer shall approve a site plan for each use which deals with those matters as
outlined in Section 62BB(4)".
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ICH: INFRASTRUCTURE CHARGE HOLDING ZONE
62EA(1)
The following uses shall be permitted in any ICH Zone:
1.
Single Unit Dwellings
1.5
Shared housing use with 10 or fewer bedrooms in conjunction with a
permitted dwelling unit (RC-Aug 9/22;E-Sep 15/22)
2.
Open Space Uses
62EA(2)
No person shall in any ICH Zone carry out, or cause or permit to be carried out, any
development for any purpose other than one or more of the uses set out in subsection
(1).
62EA(3)
No person shall in any ICH Zone, use or permit to be used any land or building in
whole or in part for any purpose other than one or more of the uses set out in
subsection (1).
62EB(1)
Buildings erected, altered, or used for ICH uses in a ICH Zone shall only be permitted
on lots in existence on the date of adoption (July 2, 2002) of this zone and comply
with the requirements of the R-1 Zone (Section 28).
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RPK (REGIONAL PARK) ZONE (RC-Jun 25/14;E-Oct 18/14)
62EC(1)
The following uses shall be permitted in any RPK Zone:
(a)
Recreation uses
(b)
Conservation uses
(c)
Uses accessory to the foregoing uses
62EC(2)
No person shall in any RPK Zone use or permit to be carried out, any
development for any purpose other than one or more of the uses set out in
subsection (1).
62EC(3)
No person shall in any RPK Zone use or permit to be used any land or building
in whole or in part for any purpose other than one or more of the uses set out in
subsection (1).
REQUIREMENTS
62EC(4)
Buildings erected, altered or used for RPK uses in an RPK Zone shall comply
with the following requirements:
Minimum Front or Flankage Yard:
20m
Minimum Side or Rear Yard:
20m
Maximum Lot Coverage:
50% for lots less than 4 ha in area, or
5% for lots 4 ha or more in area
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PA (PROTECTED AREA) ZONE (RC-Jun 25/14;E-Oct 18/14)
62ED(1)
The following uses shall be permitted in any PA Zone:
(a)
Scientific study and education, involving no buildings
(b)
Trails, boardwalks or walkways
(c)
Conservation uses
(d)
Uses accessory to the foregoing uses
62ED(2)
No person shall in any PA Zone use or permit to be carried out, any development
for any purpose other than one or more of the uses set out in subsection (1).
62ED(3)
No person shall in any PA Zone use or permit to be used any land or building in
whole or in part for any purpose other than one or more of the uses set out in
subsection (1).
REQUIREMENTS
62ED(4)
Structures erected, altered or used for PA uses in a PA Zone shall comply with
the following requirements:
Minimum Lot Area:
930m²
Minimum Frontage:
30.5m
Minimum Front or Flankage Yard:
20m
Minimum Side or Rear Yard:
20m
62ED(5)
OTHER REQUIREMENTS: GRADE ALTERATION AND VEGETATION
REMOVAL
Within any PA zone, no infilling, excavation, alteration of grade or removal of
vegetation shall be permitted. The construction of board walks, walkways or
trails shall be permitted provided that no infilling or alteration of grade occurs
other than the placement of piles or the placement of trails on top of the existing
grade.
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WA (WATER ACCESS) ZONE (RC-Jan 11/11;E-Mar 12/11)
62EE (1) The following uses shall be permitted in any WA Zone:
(a)
wharves and docks;
(b)
municipal, provincial and national historic sites and monuments;
(c) passive recreation uses; and,
(d) public works and utilities.
62EE (2)
No person shall in any WA Zone carry out, or cause or permit to be carried out,
any development for any purpose other than one or more of the uses set out in
subsections (1), (5) or (6).
62EE (3) No person shall in any WA Zone use or permit to be used any land or building
in whole or in part for any purpose other than one or more of the uses set out in
subsections (1), (5) or (6).
62EE (4)
No person shall in any WA Zone construct or erect a building, with the exception
of public works, public utilities, a multi-use trail system and associated facilities
and ferry terminal facilities, on a wharf, on pillars, on piles, or on any other type
of structural support located on or over a water lot.
NORTHWEST ARM
62EE (5)
Ferry Terminal Facilities shall be permitted within the Northwest Arm Water
Access Zone.
WESTERN SHORE OF THE BEDFORD BASIN
62EE (6)
A multi-use trail system and associated parking facilities shall be permitted
within the Western Shore of the Bedford Basin Water Access Zone.
348 PURCELL'S COVE ROAD (RC-Aug 2/16;E-Sep 3/16)
62EE (7) Notwithstanding subsections 62EE(1),(2),(3)(4), section 14U and pursuant to
subsection 61(5), an existing single family dwelling shall be permitted on a
portion of a water lot (PID #00633511) as shown on Map ZM-27.
PERMITS
63
Each application for a development permit shall include the following particulars:
(a)
The location, dimensions, and abutters of the lot on which the building is or is
proposed to be situated;
(b)
When and by what means the boundaries of the lot were established;
(c)
Whether the lot has been approved by the Committee, and, if so, the date of
such approval;
Halifax Mainland Land Use By-law
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(d)
The owner of the lot;
(e)
The dimensions of the proposed building and the relation of such proposed
building to the lot lines or, in the case of an alteration or repair, the nature of
such alteration and repair;
(f)
The purpose for which the building is to be used;
(fa) approval from the Government of Canada for infill of a water lot in the
Northwest Arm Water Access Area; (RC-Jan 9/24;E-Feb 12/24)
(g)
Any other information as may be necessary to comply with the provisions of
this by-law.
PLAN OF SURVEY
64
The Development Officer may require a plan of survey showing such of the
information required under Section 63 to determine and to secure compliance with
the provisions of this by-law.
RECORD
65
In addition to his other duties imposed under this or any other law or statute, the
Development Officer shall keep and maintain a record of all information submitted
to him under the provisions of Sections 63 and 64.
Halifax Mainland Land Use By-law
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APPENDIX A: Interim Bonus Zoning Requirements for
Applicable Plan Amendment Applications (RC-Mar 21/23;E-
Apr 19/23)
Definitions
(1)
For the purpose of Appendix A and Schedule A the following definitions shall apply:
(a)
ACCESSORY STRUCTURE means a structure that is:
(i)
subordinate, incidental, and devoted to a main use or structure, and
(ii)
not attached to any main building;
(b)
AFFORDABLE COMMUNITY OR CULTURAL INDOOR SPACE means
premises used for community and cultural purposes by a not-for-profit
organization or registered Canadian charitable organization, such as offices,
meeting rooms, recreational facilities, educational facilities, art and cultural
spaces, performance, rehearsal and exhibition spaces, galleries, daycare uses,
and other social services;
(c)
APPLICANT means any person, including an owner, applying for a
development permit, or development agreement;
(d)
APPRAISER means an individual who holds the Accredited Appraiser
(AACI) designation of the Appraisal Institute of Canada.
(e)
BUILDING means every continuous enclosed area with exterior walls on a lot
that:
(i)
is built, erected, and framed of a combination of materials,
(ii)
is either portable or fixed,
(iii)
has a roof,
(iv)
forms a structure for the shelter of persons, animals, or property, and
(v)
is located, in whole or in part, above or below grade;
(ea)
CERTIFICATE OF OCCUPANCY means an occupancy permit as issued
pursuant to B-201, the Building By-law, and the Nova Scotia Building Code
Act; (NWCC-Feb 20/24;E-Mar 6/24)
(f)
FLOOR AREA means the horizontal area of all floors of a building or a
parking structure, measured from the interior faces of any exterior wall or
fire wall and includes interior staircases, but excludes the following:
(i)
unenclosed space outside any exterior walls or located on a rooftop,
such as balconies and patios,
(ii)
any floor area below a ground floor of a building or parking structure,
(iii)
elevator shafts,
(iv)
accessory structures,
(v)
rooftop greenhouses,
Halifax Mainland Land Use By-law
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(vi)
any space open to a floor below, and
(vii) pedways;
(g)
GREENHOUSE means a structure constructed primarily of transparent
materials, for the protection and cultivation of plants, such as vegetables,
fruits, herbs, sprouts, ornamental plants, and flowers;
(h)
INCENTIVE OR BONUS ZONING means the requirements that permit the
relaxation of certain requirements if an applicant exceeds other requirements
or undertakes other action, in the public interest, as specified in the
requirements;
(i)
INCENTIVE OR BONUS ZONING AGREEMENT means a contract
between an owner and the Municipality that describes the public benefit to be
provided by the applicant in exchange for incentive or bonus zoning;
(j)
NOT-FOR-PROFIT ORGANIZATION MEANS:
(i)
a society incorporated pursuant to the Societies Act,R.S.N.S.1989
c.435, as amended,
(ii)
a non-profit association incorporated pursuant to the Co-operative
Associations Act, R.S.N.S.1989 c. 98, as amended,
(iii)
a non-profit association to which the Co-operative Associations Act
applies,
(iv)
a not-for-profit corporation incorporated pursuant to the Canada
Not-for-profit Corporations Act, S.C. 2009, c. 23, or
(v)
a non-profit organization incorporated as a non-profit organization
pursuant to its own Act of the Nova Scotia Legislature;
(k)
PARKING STRUCTURE means a structure that contains motor vehicle
parking spaces on one or more levels, including on an open rooftop, but
excluding any garage associated with a low-density dwelling use;
(l)
PEDWAY means an elevated enclosed walkway that connects two or more
buildings and is used exclusively for pedestrian traffic;
(m)
PREMISES means a structure or portions of a structure occupied by a use;
(n)
PROFESSIONAL ARTIST means an artist who:
(i)
has proven, specialized training in an artistic field,
(ii)
is recognized as a professional by their peers who are working in the
same artistic tradition, and
(iii)
has a history of public presentation or publication;
(o)
PUBLIC ART means a permanent work of art planned and executed by a
professional artist in any medium, material, media, or combination thereof,
but excludes any corporate insignia;
(p)
REGISTERED CANADIAN CHARITABLE ORGANIZATION means a
charitable organization registered pursuant to the Income Tax Act (Canada)
and the regulations made pursuant to that Act;
(q)
REGISTERED HERITAGE BUILDING means a building on a registered
heritage property that:
(i)
has been registered pursuant to the Heritage Property Act, and
Halifax Mainland Land Use By-law
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(ii)
contributes to the character-defining elements on the registered
heritage property; and
(r)
REGISTERED HERITAGE PROPERTY means an area of land that is a
registered heritage property pursuant to the Heritage Property Act.
Requirement to Provide a Public Benefit for Bonus Zoning
2.
In accordance with the Regional Municipal Planning Strategy Policies G-16A to G-
16G but subject to Section 3, incentive or bonus zoning shall be required for
developments identified on Schedule A: Lands Subject to Interim Bonus Zoning
Requirements.
3.
Incentive or bonus zoning shall not be required for developments identified on
Schedule A if the Development Officer is satisfied that:
(a)
upon the date of application for a development permit, the applicant for the
development permit is a registered not-for-profit organization or registered
Canadian charitable organization, and have been registered for at least 1 year
prior to the date the complete application is received by the Municipality;
(b)
the provision of affordable housing is included in the mandate or
programs and activities of the registered not-for-profit organization or the
registered Canadian charitable organization;
(c)
a minimum of 60% of the development is for housing; and
(d)
the property that is the subject of the application is solely owned by one or
a combination of the following:
(i)
the applicant,
(ii)
the Municipality,
(iii)
the Provincial Government,
(iv)
the Federal Government, or
(v)
an agent of the Provincial or Federal Government.
4.
For any development agreement or development as specified in Section 8, the
Development Officer may require the applicant to enter into an incentive or bonus
zoning agreement.
5.
Subject to section 3, no development permit shall be issued where an incentive or
bonus zoning agreement is required, until the incentive or bonus zoning agreement
is executed by all parties and filed in the Provincial Land Registration Office.
(NWCC-Feb 20/24;E-Mar 6/24)
(b)
Deleted (NWCC-Feb 20/24;E-Mar 6/24)
5A.
Subject to section 3, no certificate of occupancy shall be issued until the full amount
of the money-in-lieu is paid to the Municipality or as specified in the applicable
development agreement. (NWCC-Feb 20/24;E-Mar 6/24)
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Public Benefit Value
6.
(1)
Where an applicant is required to provide incentive or bonus zoning, the
value of the public benefits shall be determined in accordance with Section 7
or Section 8.
(2)
The applicant shall submit a public benefit value calculation with their
application for a development permit, in a format acceptable to the
Development Officer.
7.
Except for lands that are greater than 10 hectares under section 8, the minimum
required public benefit value shall be calculated by multiplying Factor #1 by Factor
#2, and then multiplying the product by Factor #3, where:
(a)
Factor #1 is the new floor area in square metres that exceeds 2,000 square
metres;
(b)
Factor #2 is 0.20; and
(c)
Factor #3 is the bonus zoning rate, in dollars per square metre, as specified
in Section 11.
8.
(1)
For lands that are greater than 10 hectares that are developed by
development agreement, the public benefit shall be determined based on the
appraised market value of the site once the proposed plan amendment and
associated development agreement is approved by Council, and then
multiplied by a coefficient of 0.12.
(2)
The appraised market value is not the market value of the completed project,
but the value that the applicant could expect to receive if they sold the site
with the development agreement in place.
(3)
Any appraisal under this section shall be completed by an appraiser that is
hired by the Municipality.
(4)
The cost of any appraisal shall be paid for by the applicant.
(5)
The terms of reference for the appraisal shall be determined solely by the
Municipality.
(6)
Where the Municipality or applicant disagrees with the appraised value
determined in the appraisal, the disagreeing party may, at the applicant's
expense, have a second appraisal done, and the appraisal is subject to the
same terms of reference as the initial appraisal.
9.
The appraised market value for the purposes of the public benefit value is:
(a)
where there is one appraisal, the monetary value of the land from that
appraisal; or
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(b)
where there are two appraisals, the average monetary values of the land
from the two appraisals.
Deadline to Complete Public Benefit
10.
Any required public benefit shall be completed by the applicant prior to certificate
of occupancy being issued or as specified in the applicable development agreement.
(NWCC-Feb 20/24;E-Mar 6/24)
(a)
Repealed (NWCC-Feb 20/24;E-Mar 6/24)
(b)
Repealed (NWCC-Feb 20/24;E-Mar 6/24)
Bonus Zoning Rate
11.
The bonus zoning rate for the area identified on Schedule A is $213/ square metre,
as of April 2022 and shall be adjusted in accordance with Sections 12, 13, and 14.
Bonus Zoning Rate Adjustments
12.
(1)
The bonus zoning rate specified Section 11 shall be adjusted annually on
April 1st in accordance with changes to the Halifax All-Items Consumer Price
Index released by Statistics Canada.
(2)
The bonus zoning rate shall be adjusted using the method specified as
follows:
Step 1: The percentage change in the Halifax All-Items Consumer Price Index
(CPI) shall be determined by
(a)
using the formula:
(A/B x 100) minus 100 = percentage change in CPI
(b)
where:
(i)
"A" is the previous year's Halifax All-Items Consumer
Price Index, and
(ii)
"B" is the Halifax All-Items Consumer Price Index for
the base year in which this Appendix was adopted, or
the year where the bonus zoning rate was last updated
through a formal rate update by a trained valuation
professional, whichever is later.
Step 2:
The percentage change in CPI determined under Step 1 shall
then be multiplied by the bonus zoning rate under Section 11.
Step 3:
The product of Step 2 shall then be added to the bonus zoning
rate, with the resulting sum becoming the new bonus zoning
rate for the current bonus rate year
Halifax Mainland Land Use By-law
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13.
If the Halifax All-Items Consumer Price Index declines or remains unchanged in a
given year, there shall be no change in the bonus zoning rate for that year.
14.
(1)
The bonus zoning rate for the calculation of the required public benefit
value shall be the bonus zoning rate at the time a complete application for a
development permit is received by the Municipality.
(2)
Where the development permit expires and an application for a new
development permit is made for the same development, the value of the public
benefit shall be the difference between the bonus zoning rate at the time the
new complete application is received and the bonus zoning rate previously
paid.
Public Benefit: Money-in-Lieu for Affordable Housing
15.
(1)
A minimum of 60% of the required public benefit shall be in the form
of money-in-lieu for affordable housing.
(2)
Money-in-lieu accepted for affordable housing shall be required to be used
within the Municipality for:
(a)
the rehabilitation of existing affordable housing units, including
building assessments, provided by a not-for-profit organization or
registered Canadian charitable organization;
(b)
the acquisition of buildings, housing units, or properties for
affordable housing;
(c)
the creation of new affordable housing units by a not-for-profit
organization or registered Canadian charitable organization;
(d)
a housing agreement permitted in Clause 73(b) of the Halifax Regional
Municipality Charter; or
(e)
any combination of Clauses (a) to (d).
Public Benefit Categories
16.
The remaining required public benefits shall be in the form of one or a
combination of the following public benefits:
(a)
additional money-in-lieu for affordable housing;
(b)
the conservation of a registered heritage building, or a building within a
heritage conservation district, that is located on the site of the development;
(c)
money-in-lieu for the conservation of a registered heritage building; or
(d)
the conservation of a building located within a heritage conservation district;
(e)
money-in-lieu for the acquisition or improvement of municipal parks;
(f)
money-in-lieu for affordable community or cultural indoor space;
(g)
money-in-lieu for public art; or
(h)
public art on the site of the development.
Public Benefit: Conservation of Registered Heritage Buildings or a Building within a
Halifax Mainland Land Use By-law
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Heritage Conservation District
17.
(1)
Notwithstanding Sections 15 and 16, on registered heritage property or on
a property within a heritage conservation district, 90% of the public benefit
shall be allocated to the conservation of:
(a)
a registered heritage building that is on the site of the development;
or
(b)
a building within a heritage conservation district that is on the site of
the development.
(2)
The remaining 10% of the public benefit shall be in the form of money-in-lieu
for affordable housing.
18.
The applicant shall register a waiver in title of the property that, without the
approval of the Municipality, the registered heritage property or the property within
a heritage conversation district shall not be altered or demolished under Section 18
of the Heritage Property Act.
Public Benefit Requirement: On-Site Public Art
19.
Where the required public benefit includes public art under Clause 16(h), the public
art shall:
(a)
be located on the site of the development, and allow direct public access or
viewing of the public art;
(b)
be designed by a professional artist; and
(c)
have a minimum cost of $100,000.
20.
The following items shall not qualify as public art under Clause 16(h):
(a)
interpretive, wayfinding, or other functional signage;
(b)
branding or promotional projects;
(c)
plaques and supporting infrastructure;
(d)
stock and mass-produced items;
(e)
memorials, where:
(i)
the memorial commemorates a single individual not previously
approved through the Municipality's Commemorative Asset Naming
Program,
(ii)
the memorial has not been designed and created by a professional artist,
or
(iii) the primary component or element of design involves benches, picnic
tables, playgrounds or other park infrastructure, trees, or other
ornamental landscape elements; or
(f)
landscape design, landscape gardens, or any garden features including
fountains, garden furnishings, or other infrastructure, unless those elements
have been conceived of by a professional artist independently or in
Halifax Mainland Land Use By-law
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collaboration with other design professionals and are an integral component
of an artwork.
Incentive or Bonus Zoning Agreement
21.
An incentive or bonus zoning agreement required by a Development Officer shall
contain terms respecting:
(a) the identification of the development site;
(b)
design drawings, provided by the applicant, for any required or provided
public benefit;
(c)
where required by the Development Officer, detailed construction
drawings, site plans, specifications, cost estimates, or appraisals prepared
by an appraiser for any required or provided public benefit;
(d)
the identification of any conditions required by the Municipality before the
public benefit is accepted;
(e)
where required, provisions for the auditing and reporting of public benefits;
and
(f)
any other terms or conditions the Development Officer requires.
22.
An incentive or bonus zoning agreement shall be signed by the owner.
23.
Subject to Sections 24 and 25, and in accordance with Section 31A of the Charter,
Council delegates to the Development Officer the authority to:
(a)
enter into an incentive or bonus zoning agreement, or an amendment to an
incentive or bonus zoning agreement, on behalf of the Municipality;
(b)
discharge an incentive or bonus zoning agreement, in whole or in part, in
accordance with the terms of the incentive or bonus zoning agreement or
with the concurrence of the property owner, and
(c)
sign the discharge, including a discharge agreement, on behalf of the
Municipality.
24.
In accordance with Subsection 31A(5) of the Charter, where an incentive or bonus
zoning agreement entered into by the Development Officer commits the
Municipality to any expenditure, the agreement has no force or effect until
approved by Council.
25.
In accordance with Subsection 31A(4) of the Charter, an incentive or bonus zoning
agreement entered into by the Development Officer, or an amendment to such an
agreement, shall be signed by the Mayor and the Municipal Clerk on behalf of the
Municipality.
Halifax Mainland Land Use By-law
Page 156
SCHEDULES
66
(Deleted)
67
(Deleted)
SCHEDULE "K" (Repealed: RC-May 23/24;E-Jun 13/24)
68(1)
Repealed (RC-May 23/24;E-Jun 13/24)
68(2)
Repealed (RC-May 23/24;E-Jun 13/24)
68(3)(a)
Repealed (RC-May 23/24;E-Jun 13/24)
68(3)(b)
Repealed (RC-May 23/24;E-Jun 13/24)
68(4)
Repealed (RC-May 23/24;E-Jun 13/24)
68(5)
Repealed (RC-May 23/24;E-Jun 13/24)
68(6)
Repealed (RC-May 23/24;E-Jun 13/24)
68(7)
Repealed (RC-May 23/24;E-Jun 13/24)
68(8)
Repealed (RC-May 23/24;E-Jun 13/24)
68(9)
Repealed (RC-May 23/24;E-Jun 13/24)
69(1)
(Deleted)
69(2)
(Deleted)
SCHEDULE "L"
69
In an area designated as Schedule "L", any industrial or commercial use shall be
permitted which is permitted by the land use by-law designation of such area,
provided that:
(a)
industrial and/or commercial uses shall not exceed a height of thirty-five (35)
feet;
(b)
industrial and/or commercial uses shall not exceed a gross floor area of 5,000
square feet;
(c)
industrial and/or commercial uses shall not be permitted on sites in excess of
15,000 square feet of lot area;
(d)
residential uses shall not be permitted in areas zoned industrial or commercial;
(e)
Council may, after a public hearing and by resolution, approve any specific
development requested which would not otherwise be permitted by this by-law,
Halifax Mainland Land Use By-law
Page 157
provided that no approval shall be given inconsistent with Policies 3.7 and 4.6
of Part II, Section II, and Policy 3.12 of the Implementation Policies Section,
all of the Municipal Planning Strategy;
(f)
approval by Council under Subsection (e) shall only be granted subject to the
condition that the registered owner of the land upon which the development is
to occur shall enter into an agreement with Council containing such terms and
conditions as Council may direct;
(g)
applications for amendments to agreements made pursuant to Subsection (e)
may be made by Council after a public hearing if deemed necessary.
70
(Original Section Deleted - See New Section 70 Below)
FAIRVIEW AREA- DEVELOPMENT AGREEMENTS
70
In the "Fairview Area", Council may, by development agreement pursuant to
Section VII of the Municipal Planning Strategy:
Medium Density Residential
(a)
permit medium density residential development on properties larger than one
acre in accordance with Policy 1.6
Reconstruction - Non-conforming Commercial Use
(b)
permit any building containing a non-conforming commercial use in existence
on 31 January 1985 to be reconstructed in the event that such building is
destroyed, in accordance with Policy 2A.9 (RC-Oct 4/16;E-Nov 26/16)
Titus Smith School Site
(c)
permit shared housing with special care at a larger scale than would be
permitted in the underlying zone (RC-Aug 9/22;E-Sep 15/22) on the former
Titus Smith School Site in accordance with Policies 1.7 and 1.7.1
35 Coronation Avenue
(d)
permit townhouse development at 35 Coronation Avenue in accordance with
Policies 1.8 and 1.8.1
Former Halifax West High School Site, Dutch Village Road
(RC-Nov 15/11;E-Jan 14/12)
(e)
permit a mixed-use development containing residential, commercial and
public open space uses at the former Halifax West High School site on
Dutch Village Road in accordance with Policies 1.9 and 1.9.1
Halifax Mainland Land Use By-law
Page 158
Plan Dutch Village Road - Area A (Title: RC-Jul 07/20;E-Aug 22/20)
(f)
Any building in Area A on ZM-28 that has a height of more than 25 m
shall be considered a high-rise and may be permitted by a development
agreement process, in accordance with Policies 2A.7 and 2A.7.1 (RC-Jul
07/20;E-Aug 22/20). (RC-Oct 4/16;E-Nov 26/16)
MAINLAND WIDE - DEVELOPMENT AGREEMENTS
71(1)
Private Roads
Council may, by development agreement, pursuant to Section II of the Municipal
Planning Strategy, permit residential development on lots that do not abut a publicly
owned and maintained street in accordance with Policy 2.12
71(2)
Heritage Property (Deleted: RC-Oct 11/22;E-Nov 16/22)
71(2)(A)
Heritage Property (RC-Oct 11/22;E-Nov 16/22)
Development that is not otherwise permitted in this By-law may be permitted
by development agreement on a registered heritage property, in accordance
with Policy CH-7A of the Halifax Regional Municipal Planning Strategy.
71(3)
Public Service or Utility Use
Council may, by development agreement, pursuant to Section II of the Municipal
Planning Strategy, permit a public service or utility use in accordance with Policies
7.2.2 and 7.2.2.1. Any uses considered through this section shall comply with
Section 53 of the P, Park and Institutional Zone.
71(4)
Amusement Centre
Council may, by development agreement, pursuant to the Implementation Policies of
the Municipal Planning Strategy, permit the establishment of an amusement centre
in accordance with Policies 3.13, 3.13.1 and Section 5 of this by-law.
71(5)
Non-conforming Use
Council may, by development agreement, pursuant to the Implementation Policies of
the Municipal Planning Strategy, permit a non-conforming use to be changed to
another non-conforming use, or permit the structure in which such a use is located to
be altered or expanded in accordance with Policy 3.14.
Halifax Mainland Land Use By-law
Page 159
71(6)
Lot Modification
Council may, by development agreement, pursuant to the Implementation Policies of
the Municipal Planning Strategy, permit any use permitted by the zoning designation,
which would not otherwise be permitted by the minimum lot frontage, lot area and
yard requirements of this by-law, in accordance with Policies 4.4. and 4.6
71(7)
Podium Height Modification - R-4 Uses
Council may, by development agreement, pursuant to the Implementation Policies of
the Municipal Planning Strategy, permit any R-4 use which would not otherwise be
permitted by the maximum height limit for any part of a building not containing any
windows or doors serving habitable rooms specified in Section 33(2(d)(ii) in
accordance with Policy 4.5
71(8)
Day Care Facilities
Council may, by development agreement, pursuant to Section II of the Municipal
Planning Strategy, permit a day care facility which would not otherwise be permitted
by the zoning requirements in accordance with Implementation Policies 3.20 and
3.20.1. (RC-Mar 3/09;E-Mar 21/09)
71(9)
7, 9, 11 and 13 Springvale Avenue
Council may, by development agreement, pursuant to Policies 2.16 and 2.16.1 of
Section II of the Municipal Planning Strategy, permit the development of a multiple
unit residential building on a consolidated parcel of civic numbers 7, 9, 11 and 13
Springvale Avenue (LRIS PID Nos. 207019, 207027, 207035 and 207043.
71(10)
50 Bedford Highway (RC-Apr 20/10;E-May 29/10)
Council may, by development agreement, pursuant to Policies 1.7 and 1.7.1 of
Section VIII of the Halifax Municipal Planning Strategy, permit the
development of a mixed use building at 50 Bedford Highway, Halifax (PID
#00296665).
71(11)
205 Bedford Highway, Halifax (RC-Jan 14/20;E-Mar 7/20)
Council may, by development agreement pursuant to Policy 2.3.6 of Section VIII
of the Halifax Municipal Planning Strategy, permit a mixed-use, mid-rise
building that exceeds the height, the density and the angle control requirements
of the C-2A Zone of this By-Law in exchange for entering into an incentive or
bonus zoning agreement to provide affordable housing dwelling units, provided
the following are satisfied:
(a)
the maximum height shall not exceed 26.5 metres, excluding elevator
shafts;
Halifax Mainland Land Use By-law
Page 160
(b)
the density shall not exceed 55 dwelling units;
(c)
if the development exceeds 50 feet (15.25 metres) in height, the applicant
shall provide a public benefit in the form of a minimum of 18 affordable
housing dwelling units that are provided for at least a period of 180
consecutive months, commencing on the initial occupation date;
(d)
pursuant to Policy 2.3.6.1 of Section VIII of the Halifax Municipal
Planning Strategy, the property owner and the Municipality shall enter
into an incentive or bonus zoning agreement to ensure that the public
benefit in the form of 18 affordable housing dwelling units is provided;
(e)
the incentive or bonus zoning agreement in accordance with clause
71(11)(c) includes provisions respecting:
(i)
the identification of the development site,
(ii)
the composition of the 18 affordable housing dwelling units
referred to in 71(11)(c) are as follows:
Unit Type
Minimum Affordable Housing
Dwelling Units Required
2 Bedroom
2
1 Bedroom
16
(iii) the maximum rent per month includes heat, electricity and hot
water, and
(iv)
that the affordable housing dwelling units are dispersed
throughout the development and are not clustered;
(f)
the monthly rent for affordable housing dwelling units referred to in
71(11)(c) shall be no more than 70% of the average market rent for an
equivalent new unit in the HRM, calculated at the time the incentive or
bonus zoning agreement is reached. Average market rent will be based
on the latest publicly available information from Canadian Mortgage and
Housing Corporation. Such rent shall include heat, electricity and hot
water, and may exclude parking, cable, internet and telephone;
(g)
the monthly rent for each affordable housing dwelling unit may increase
annually, at a rate no greater than the Halifax All-Items Consumer Price
Index, calculated by Statistics Canada;
(h)
an agreement is signed between the property owner and an appropriate
affordable housing provider whose purpose is to improve and increase
the affordable housing stock of the Province; and
(i)
the agreement in accordance with clause 7(11)(h) provides that:
i.
that the amount of rent satisfies clauses 7(11)(f) and 7(11)(g), and
that this rent will apply during the term required in subclause
7(11)(c);
ii.
that the property owner will lease each affordable housing
dwelling unit to households of low to moderate income, at or below
the applicable household income limits (HILs) established by
Housing Nova Scotia, which are:
a.
referred by the affordable housing provider, or,
b.
where the affordable housing provider has given notice in
Halifax Mainland Land Use By-law
Page 161
writing to the property owner that it will not refer a
household for a unit, selected by the property owner in
accordance with applicable HILs established by Housing
Nova Scotia;
iii.
that an affordable housing dwelling unit tenant who no longer
meets the requirements of household income in the low to
moderate income range shall be permitted to remain in that
affordable housing dwelling unit until their lease expires;
iv.
that a breach of the agreement between the appropriate housing
provider and the property owner shall be considered a breach of
the incentive or bonus zoning agreement for 205 Bedford
Highway; and
v.
that the property owner is required to report, at least annually, to
the Municipality, confirming that the affordable housing provider
is satisfied that each of the required affordable housing dwelling
units are leased to people whose household income is in the low to
moderate income range.
71(12)
In considering whether to approve an incentive or bonus zoning agreement for
205 Bedford Highway, the Development Officer shall consider whether
subsection 71(11) has been satisfied.
71(13)
Council delegates the authority to approve an incentive or bonus zoning
agreement, or an amendment thereto, to a Development Officer and an
agreement so approved must be signed by the Mayor and Clerk.
MAINLAND SOUTH AREA - DEVELOPMENT AGREEMENTS
72
In the "Mainland South Area", Council may, by development agreement pursuant to
Section X of the Municipal Planning Strategy:
Block F, Kelly Street
(a)
permit a residential complex including shared housing with special care (RC-
Aug 9/22;E-Sep 15/22) on Block F, Kelly Street, in accordance with Policies
1.2.3 and 1.2.3.1.
72(1)
For the area known as Regatta Point, the Municipality may, by development
agreement, permit the consolidation of Lot RP-1 (PID 40396699) with Lot RP-2
(16 Anchor Drive; PID 40396681), and the expansion of the existing apartment
building to a maximum of 118 units on the consolidated lot. (RC-Jan 19/10;E-
Apr 17/10)
72(2)
The Municipality may, by development agreement, allow townhouse style
residential developments that do not meet the requirements of the R-2T
(Townhouse) Zone in accordance with Policy 1.3.4. (RC-Feb 2/10;E-Apr 17/10)
Halifax Mainland Land Use By-law
Page 162
72(3)
The Municipality may, by development agreement, allow for apartment house
developments in accordance with policies 1.2.5, 1.2.6, 1.2.7, 1.2.8, and 2.3.2 of
Section X (Mainland South Secondary Planning Strategy, Residential
Environments and Commercial) of the Municipal Planning Strategy for Halifax.
(RC-Jun 10/14;E-Jul 26/14)
72(4)
Civic Number 15 Shoreham Lane, Halifax (RC-Sept 19/17;E-Nov 11/17)
Council may, by development agreement, pursuant to policies 1.5.3 and 1.5.3.1
of Section X of the Halifax Municipal Planning Strategy, permit the following
uses within the existing building:
i.
a grocery store, drug store, laundromat, dry cleaner, tailor, dressmaker,
beauty shop or barber shop;
ii.
bank, public hall, office, hairdresser, beauty parlour, restaurant,
receiving office of a dry cleaner or dyer;
iii. a store for retail trade, rental and services, excluding: motor vehicle
dealers and repair shops; service stations; and amusement centres; and
iv. any use accessory to any of the foregoing uses.
72(5)
The Municipality may, by development agreement, pursuant to policies 1.5,
1.5.1, 1.5.8 and Schedule I (Guidelines for Residential Development District) of
Section X (Mainland South Secondary Planning Strategy) of the Halifax
Municipal Planning Strategy, allow multiple-unit residential (apartment) uses
with ground floor commercial uses on Lots N1, N2 and N3A (PID 41352022,
41352030, 41394024), Cowie Hill Road, encompassing up to 17.5% of the land
area covered by the development agreement, and may allow for a single
residential unit type (bachelor-type unit counting as 1 person per unit) on Lots
N1, N2 and N3A. (RC-Oct 2/18;E-Nov 3/18)
73
CONSERVATION
DESIGN
DEVELOPMENT
-
DEVELOPMENT
AGREEMENTS (RC-Jun 25/14;E-Oct 18/14)
Notwithstanding anything in this by-law, in areas designated Rural Commuter
under the Regional Municipal Planning Strategy for Halifax Regional
Municipality, the following uses may be considered by development agreement:
(a)
Conservation Design Developments in accordance with policies S-14A, S-
14B, S-15A, S-15B, S-16A, S-17A (RC-Oct 11/22;E-Nov 16/22) of the
Regional Municipal Planning Strategy, as applicable. (RC-Jun 25/14;E-
Oct 18/14)
SCHEDULE "R" (RC-Jan 11/11;E-Mar 12/11)
74
In an area designated Schedule "R", any residential or commercial use shall be
permitted which is permitted by the land use by-law designation of such area,
provided that:
Halifax Mainland Land Use By-law
Page 163
(a)
residential and commercial uses shall not exceed a height of thirty-five (35)
feet;
(b)
Council may, after a public hearing and by resolution, approve any
specific development requested which would not otherwise be permitted
by this by-law, provided that no approval shall be given inconsistent with
Policies 1.8, 1.8.1, 1.8.2 and 1.8.3 of Part 1, Section VIII, of the Municipal
Planning Strategy;
(c)
approval by Council under Subsection (b) shall only be granted subject to
the condition that the registered owner of the land upon which the
development is to occur shall enter into an agreement with Council
containing such terms and conditions as Council may direct;
(d)
applications for amendments to agreements made pursuant to Subsection
(b) may be made by Council after a public hearing if deemed necessary.
75
Pursuant to Implementation Policies, Policy 3.22, where there is enabling policy to
consider the development, by development agreement, of multiple unit dwellings or
the expansion of existing multiple unit dwellings, such policy may be used to consider
the development of shared housing uses at a larger scale than what is permitted by
the Land Use By-law. (RC-Aug 9/22;E-Sep 15/22)
Halifax Mainland Land Use By-law
Page 164
ZM-19:
McIntosh Run Flood Plain
Halifax Mainland Land Use By-law
Page 165
ZM-22:
Areas of Elevated Archaeological Potential (RC-Jun
25/14;E-Oct 18/14)
Halifax Mainland Land Use By-law
Page 166
ZM-23:
Wetlands (RC-Jun 25/14;E-Oct 18/14)
Halifax Mainland Land Use By-law
Page 167
ZM-24:
Northwest Arm
Halifax Mainland Land Use By-law
Page 168
ZM-25:
Wind Energy Zoning (RC-Jun 25/14;E-Oct 18/14)
Halifax Mainland Land Use By-law
Page 169
ZM-26:
Herring Cove Road (RC-Jun 10/14;E-Jul 26/14)
Halifax Mainland Land Use By-law
Page 170
ZM-27:
348 Purcells Cove Road (RC-Aug 2/16;E-Sep 3/16)
Halifax Mainland Land Use By-law
Page 171
ZM-28:
Plan Dutch Village Road Overview Map (RC-Feb
12/19; E-Apr 13/19) (RC-Apr 4/23;E-May 19/23)
(RC-May 23/24;E-Jun 13/24) (RC-May 23/24;E-Jun
13/24)
Halifax Mainland Land Use By-law
Page 172
ZM-29:
Plan Dutch Village Road Buildings May Exceed
Maximum Building Depth Map (RC-Oct 4/16;E-Nov
26/16) (RC-Apr 4/23;E-May 19/23) (RC-May
23/24;E-Jun 13/24) (RC-May 23/24;E-Jun 13/24)
Halifax Mainland Land Use By-law
Page 173
ZM-30:
Plan Dutch Village Road Area Exempt from Front
Yard Setback Map (RC-Feb 12/19; E-Apr 13/19) (RC-
May 23/24;E-Jun 13/24) (RC-May 23/24;E-Jun
13/24)
Halifax Mainland Land Use By-law
Page 174
ZM-31:
Plan Dutch Village Road Street Wall Height Map (RC-
Feb 12/19; E-Apr 13/19) (RC-Jul 7/20;E-Aug 22/20)
(RC-Apr 4/23;E-May 19/23) (RC-May 23/24;E-Jun
13/24) (RC-May 23/24;E-Jun 13/24)
Halifax Mainland Land Use By-law
Page 175
ZM-32:
Plan Dutch Village Road Height Map (RC-Feb 12/19;
E-Apr 13/19) (RC-Apr 4/23;E-May 19/23) (RC-May
23/24;E-Jun 13/24) (RC-May 23/24;E-Jun 13/24)
Halifax Mainland Land Use By-law
Page 176
ZM-33:
Parkmoor Ridge Subdivision (RC-Sep 29-30/20; E-
Dec 05/20)
Halifax Mainland Land Use By-law
Page 177
ZM-34:
Maximum Height in the Dubrack Multi Unit Zone (RC-
Feb 23/21; E-Mar 8/21)
Halifax Mainland Land Use By-law
Page 178
ZM-35:
Kearney Lake Area (HWCC-Mar 27/23;E-Apr 12/23)
Halifax Mainland Land Use By-law
Page 179
Schedule A: Lands Subject to Interim Bonus Zoning
Requirements (RC-Mar 21/23;E-Apr 19/23
Halifax Mainland Land Use By-law
Page 180
Schedule A, Table 1: Lands Subject to Interim Bonus Zoning
Requirements
Ref.#
Case#
PID#s
1
Cases 22816 and 23245:
Amendments to the
Halifax MPS and Halifax
Mainland LUB --
Westerwald Street
Study Area and Main
Avenue and Titus
Street, Halifax --
Supplementary Report
(RC-Apr 4/23;E-May
19/23)
PID #: 00198523, 00198531,
00198549, 00198564, 00198572,
00198580, 00198598, 00198606,
00198242, 00189795, 00189548,
00189761, 41260936, 00189571,
00189569, 00189597, 00189605,
00180489, 00180018, 00180026,
00180034 (RC-Apr 4/23;E-May
19/23)
2
PLANAPP-2023-00484
(Case 24378): Main
Avenue, Halifax (RC-May
23/24;E-Jun 13/24)
00180109, 00180091, 00180083,
40702185, 00180075, 00180067,
00180059, 00180042 (RC-May
23/24;E-Jun 13/24)
Halifax Mainland Land Use By-law
Page 181
HALIFAX MAINLAND LAND USE BY-LAW
AMENDMENTS
Section
Council
Effective
Subject
Number
Approval
Date
1
May 23/24
Jun 13/24
MINORREV 2023-01065 (Housing
Accelerator Fund) - Added subsection 1(4)
2 (Definitions)
May 3/95
Jun 3/95
Housekeeping 9 - Re-Alphabetize and Remove
Subsection Designations from Definitions
May 11/95
Jun 10/95
Definition - Bed and Breakfast
Nov 22/95
Dec 31/95
Housekeeping 12 - Definition of Bedford
Highway Area, Fairview Area, Mainland South
Area, and Schedules K and L.
Mar 28/96
Apr 23/96
Townhouse Definition
Townhouse Building Definition
Oct 7/02
Oct 27/02
Apartment House readopted
Mar 20/96
Apr 18/96
Junk Yard Definition
Recycling Depot Deleted
Mar 3/97
Mar 31/97
Motor Vehicles Sales
Jul 15/97
Aug 12/97
Child Care Centres
Sept 28/99
Dec 19/99
Billboard Definition
Sept 28/99
Dec 19/99
Residential Zone Definition
May 16/01
June 3/01
Recycling Depot Definition
May 1/01
June 9/01
Non-conforming Use Amendment
July 2/02
August 17/02
Amended - Zoning Area
July 9/02
August 28/02
Amended - Zoning Area
Sept 9/02
Sept 29/02
Shipping Containers
Sept 10/02
Nov 9/02
Construction & Demolition - Definitions
June 27,06
Aug 26, 06
Bicycle Parking, Conservation Use, Recreation
Use, Areas of Elevated Archaeological Potential,
Watercourse and Wetland Areas Definitions
Sept 26/06
Nov 18/06
Sign
June 27,06
Aug 26, 06
Community Facility Definition
Mar 3/09
Mar 21/09
Day Care Facility
Jan 11/11
Mar 12/11
Add Western Shore of the Bedford Basin Water
Access Area
Jun 25/14
Oct 18/14
RP+5 - Repeal/Readopt Definition of "Areas of
Elevated Archaeological Potential", "Bicycle
Parking, Class A", Bicycle Parking, Class B",
Bicycle Parking, Enhanced", "Conservation
Use", "Recreation Use", "Watercourse",
"Wetlands Areas", and "Zoning Area". Added
"Canadian Geodetic Vertical Datum (CGVD28)",
and Water Control Structure".
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Adding the
following definitons: Building Depth, Health
Clinic, Landscaping, Lot Depth, Stacked
Townhouse, Streetline Grade, Streetwall,
Streetwall Height.
Jul 30/18-HWCC
Aug 25/18
Case 21439 - Added Lounge as a definition
Sep 18/18
Nov 03/18
Case 21331 - Added Cannabis Lounge,
Cannabis Production Facility and Cannabis
Retail Sales as definitions
Sep 1/20
Nov 7/20
Case 21162(Secondary/Backyard Suites) -
Amend Accessory Building; Add Backyard
Suite and Secondary Suite
Feb 23/21
May 8/21
Case 22332 - Added Full Cut-Off Light Fixture,
Grade-Related Unit, Ground Floor, Medical
Clinic, Mid-Rise Portion, Stepback, Streetwall
Halifax Mainland Land Use By-law
Page 182
Portion, Studio Use, Tower Portion, Work-Live
Unit
Jan 18/22
Sep 3/22
Case C-2C Zone - Added Flanking Lot Line
and Flanking Yard
Aug 9/22
Sep 15/22
Case RP16-16 (Shared Housing) - Amended
Apartment House, Multiple Dwelling; Deleted
Boarding House, Lodging House or Rooming
House, Special Care home; Added Shared
Housing Use, Shared Housing with Special Care
Oct 11/22
Nov 16/22
Case 22257 (Regional Plan - Phase 3) -
Amended Building, Dwelling, Mobile Home
Feb 21/23
Sep 1/23
Case 24526 (Short Term Rental) - Deleted Bed
and Breakfast; Re-located Shipping Container;
Added Short-term Bedroom Rental, Short-term
Rental
Aug 22/23
Sep 28/23
Case 24528 (Shared Housing) - Replaced
Shipping containers
May 23/24
Jun 13/24
MINORREV 2023-01065 (Housing
Accelerator Fund) - Amended Accessory
Buidling, Street; Added Urban Service Area;
Repealed Schedule K
2(f)
Mar 25/93
Apr 24/93
Deleted - "Basement"
Sept 15/94
Oct 11/94
Housekeeping 8
2(l)
Jul 17/86
Aug 19/86
Rental
2(m)
Jul 17/86
Aug 19/86
Rental
2(n)
Mar 25/93
Apr 24/93
Deleted - "Converted Multiple Dwelling"
2(r)
Mar 25/93
Apr 24/93
Deleted - "Double Duplex Dwelling"
2(u)
Apr 15/93
May 12/93
Definition - Dwelling Unit
2(ba)
Jun 12/80
Sept 29/80
Adult Entertainment Zone
Jun 26/80
Sept 29/80
Adult Entertainment Zone
2(ga)
Jun 11/87
Jul 14/87
Commercial Recreation Use
2(ha)
Jan 15/87
Feb 17/87
Community Facility
2(ll)
Mar 25/93
Apr 24/93
Deleted - "Municipality"
2(ma)
Jul 22/92
Aug 22/92
Housekeeping 1 and 2
2(mb)
Jul 22/92
Aug 22/92
Housekeeping 1 and 2
Mar 24/93
Apr 25/93
Deleted - "Committee"
2(mc)
Jul 22/92
Aug 22/92
Housekeeping 1 and 2
2(oa)
Mar 25/93
Apr 24/93
Housekeeping 4 and 5
2(pp)
Mar 25/93
Apr 24/93
Deleted - "Overnight Cabin"
2(tt)(e)
Jun 20/90
Jul 21/90
Psychologist
2(tt)(f)
Jul 22/92
Aug 22/92
Housekeeping 1 and 2
2(vv)
Mar 25/93
Apr 25/93
Deleted - "Registered Deed"
2(wa)
Aug 18/93
Sept 28/93
Housekeeping 7
Halifax Mainland Land Use By-law
Page 183
2(ww)
Mar 25/93
Apr 25/93
Deleted - "Registered Plan"
2(yy)
Mar 12/87
Apr 14/87
Semi-Detached Amendments
2(za)
Mar 13/80
May 1/80
Home Occupation
2(baa)
Jun 12/80
Sept 29/80
Adult Entertainment Zone
Jun 26/80
Sept 29/80
Adult Entertainment Zone
May 31/84
Jul 3/84
Adult Cabaret
2(bai)
May 31/84
Jul 3/84
Adult Cabaret
2(bbb)
Feb 27/86
Mar 28/86
Subdivision of Undersized Lot(s)
2(cca)
Jan 30/92
Mar 26/92
Junk Yards
2(dda)
Jan 31/85
Jul 5/85
Fairview Secondary Plan
2(haa)
Feb 15/79
Apr 16/79
Massage Parlour
2(lla)
Jan 31/85
Jul 5/85
Fairview Secondary Plan
2(mma)
May 31/84
Jul 3/84
Adult Cabaret
2(tta)
Jun 28/84
Apr 13/87
Public Service Use
2(uua)
Jan 30/92
Mar 2/92
Recycling Depots
2(wwa)
Jul 17/86
Aug 19/86
Rental
2(zz)
Jun 12/80
Sept 29/80
Adult Entertainment Zone
Jun 26/80
Sept 29/80
Adult Entertainment Zone
2(aaaa)
Mar 13/80
Apr 25/80
Special Care Homes
2(baai)
Dec 8/821
Dec 8/82
Amusement Centres
Aug 25/83
Sept 24/83
Amusement Centres
2(bbba)
Aug 18/93
Sept 28/93
Housekeeping 7
2(zzaa)
May 28/87
Jun 29/87
Mainland South Secondary Plan
Sept 15/94
Oct 11/94
Housekeeping 8
2(aaaai)
Dec 8/822
Dec 8/82
Amusement Centres
Jan 27/83
May 22/83
Amusement Centres
Apr 14/83
May 22/83
Amusement Centres
3A
Jun 27,06
Aug 26, 06
General Provisions
Jun 25/14
Oct 18/14
RP+5 - Repeal/Readopt
4A
Jan 31/85
Jul 5/85
Fairview Secondary Plan
Jul 27/95
Aug 28/95
Deleted - Housekeeping 11
4B
Mar 14/85
May 28/85
Bedford Highway Secondary Plan
5
Nov 26/81
Jan 9/82
Requirement for Street Frontage
Jun 25/14
Oct 18/14
RP+5 - Amend
1
Municipal Board Decision
2
Municipal Board Decision
Halifax Mainland Land Use By-law
Page 184
5A
April 13/04
April 22/04
General Provisions
June 27/06
Aug 26, 06
Deleted - General Provisions
6
Jul 22/92
Aug 22/92
Deleted - Basement Below Grade
7(1)
May 26/88
Jun 28/88
Requirement for Lot Consolidation
7(3)
Sept 11/86
Oct 14/86
R-2 Zone Requirements
7(c)
Mar 25/82
May 8/82
Multi Buildings Per Lot
7(d)
Jul 17/86
Aug 19/86
I-3 Zone Amendments
7(3)(e)
July 4/00
Aug 5/00
WC Zone (Western Common)
9(a)(iia)
Aug 18/93
Sept 28/93
Housekeeping 7
Nov 22/95
Dec 31/95
Housekeeping 12
May 23/24
Jun 13/24
MINORREV 2023-01065 (Housing
Accelerator Fund) - Repealed
9(a)(iii)
Jan 31/85
Jul 5/85
Fairview Secondary Plan
Nov 12/92
Feb 15/93
Parking Amendments
Jun 7/95
Jul 5/95
Housekeeping 10
Mar 28/96
Apr 23/96
R-2T Amendment
9(a)(iv)
Sept 11/86
Oct 14/86
R-3 Zone Amendments
9(a)(v)
Nov 12/92
Feb 15/93
Parking Amendments
9(a)(vi)
Nov 12/92
Feb 15/93
Parking Amendments
9(a)(vii)
Nov 12/92
Feb 15/93
Parking Amendments
Jun 7/95
Jul 5/95
Housekeeping 10
9(c)
Feb 21/23
Sep 1/23
Case 24526 (Short Term Rentals) - Amended
9(d)
Jan 31/85
Jul 5/85
Fairview Secondary Plan
Feb 26/87
Mar 31/87
Commercial Parking
11(1)
Mar 13/80
Apr 25/80
Special Care Home
Jul 15/97
Aug 12/97
Child Care Centres
Mar 3/09
Mar 21/09
Day Care Facility
Aug 9/22
Sep 15/22
Case RP16-16 (Shared Housing)
11(2)
Mar 13/80
Apr 25/80
Special Care Home
Jul 15/97
Aug 12/97
Child Care Centres
Mar 3/09
Mar 21/09
Day Care Facility
Aug 9/22
Sep 15/22
Case RP16-16 (Shared Housing)
11(4)
Aug 9/22
Sep 15/22
Case RP16-16 (Shared Housing)
11A
Nov 12/92
Feb 15/93
Parking Amendments
11B
Nov 12/92
Feb 15/93
Parking Amendments
12
Jul 27/95
Aug 28/95
Deleted - Housekeeping 11
Halifax Mainland Land Use By-law
Page 185
13AA,AB&AC
June 27,06
Aug 26, 06
Bicycle Parking Requirements
Jun 25/14
Oct 18/14
RP+5 - Repeal/Readopt
14
Jul 17/86
Aug 19/86
Rental
14A(a)
July 4/00
Aug 5/00
deleted -WC Zone (Western Common)
April 13/04
April 22/04
WC Zone
14A(b)
Aug 27/87
Sept 26/87
Water/Sewer Exemption
14A(c)
Jul 28/83
Dec 11/84
I-3 Zone
14A(f)
Mar 14/85
May 28/85
Bedford Highway Secondary Plan
Dec 12/05
Jan 1/06
Repealed - Bedford Highway Area
14A(g)
Aug 27/87
Sept 26/87
Water/Sewer Exemption
14A(h)
Jun 25/14
Oct 18/14
RP+5 - Add
14B
Mar 13/80
May 1/80
Home Occupation
Feb 21/23
Sep 1/23
Case 24526 (Short Term Rentals) - Amended
Title; Deleted (12), (13), (14)
14BA
Sep 1/20
Nov 7/20
Case 21162 - Add Secondary Suites and
Backyard Suites
14BA(a)
May 23/24
Jun 13/24
MINORREV 2023-01065 (Housing
Accelerator Fund) - Amended
14BA(a)(i)
May 23/24
Jun 13/24
MINORREV 2023-01065 (Housing
Accelerator Fund) - Amended
14BA(a)(iii)
May 23/24
Jun 13/24
MINORREV 2023-01065 (Housing
Accelerator Fund) - Repealed
14BA(a)(iii)
May 23/24
Jun 13/24
MINORREV 2023-01065 (Housing
Accelerator Fund) - Amended
14BA(b)
May 23/24
Jun 13/24
MINORREV 2023-01065 (Housing
Accelerator Fund) - Amended
14BA(b)(i)
May 23/24
Jun 13/24
MINORREV 2023-01065 (Housing
Accelerator Fund) - Amended
14BA(b)(iv)
May 23/24
Jun 13/24
MINORREV 2023-01065 (Housing
Accelerator Fund) - Amended
14BA(b)(vi)
May 23/24
Jun 13/24
MINORREV 2023-01065 (Housing
Accelerator Fund) - Amended
14BA(b)(vii)
May 23/24
Jun 13/24
MINORREV 2023-01065 (Housing
Accelerator Fund) - Amended
14BA(b)(viii)
May 23/24
Jun 13/24
MINORREV 2023-01065 (Housing
Accelerator Fund) - Amended
14BA(b)(ix)
May 23/24
Jun 13/24
MINORREV 2023-01065 (Housing
Accelerator Fund) - Added
14B(11)
Jan 11/90
Feb 11/90
Home Occupation
14B(12)
May 11/95
Jun 10/95
Bed and Breakfast
Halifax Mainland Land Use By-law
Page 186
14B(13)
May 11/95
Jun 10/95
Bed and Breakfast
14B(14)(a)
May 11/95
Jun 10/95
Bed and Breakfast
14B(14)(b)
May 11/95
Jun 10/95
Bed and Breakfast
14B(B)(c)
May 11/95
Jun 10/95
Bed and Breakfast
14BC
May 23/24
Jun 13/24
MINORREV 2023-01065 (Housing
Accelerator Fund) - Added Accessory
Buildings
14C
Dec 17/81
Feb 7/82
Lot Area Reduced - 3000 sq.ft.
14D
Jul 29/82
Sept 10/82
Billboards
Sept 28/99
Dec 19/99
deleted - billboards - Readopted by 14D(1)
14D(1)
Sept 28/99
Dec 19/99
Billboards
14D(2)
Sept 28/99
Dec 19/99
Billboards
14D(2)(b)
Nov 1/99
Dec 19/99
Billboards
14D(3)
Sept 28/99
Dec 19/99
Billboards
14D(4)
Sept 28/99
Dec 19/99
Billboards
14DA
Sept 26/06
Nov 18/06
General sign provisions
14E(1)
Jan 31/85
Jul 5/85
Fairview Secondary Plan
Nov 22/95
Dec 31/95
Housekeeping 12
14E(2)
Mar 14/85
May 28/85
Bedford Highway Secondary Plan
Nov 22/95
Dec 31/95
Housekeeping 12
14F(1)
Jan 31/85
Jul 5/85
Fairview Secondary Plan
Jul 22/92
Aug 22/92
Housekeeping 1 and 2
Jul 27/95
Aug 28/95
Deleted - Housekeeping 11
14F(2)
Jan 31/85
Jul 5/85
Fairview Secondary Plan
Oct 6/88
Nov 5/88
Contract Provision
Jan 30/92
Apr 2/92
Non-Conforming Contract Provision
Jul 27/95
Aug 28/95
Deleted - Housekeeping 11
14F(3)
Jul 30/92
Oct 29/92
Titus Smith Contract Provision
Jul 27/95
Aug 28/95
Deleted - Housekeeping 11
14F(4)
May 26/94
Jul 25/94
35 Coronation Avenue Contract Provision
Jul 27/95
Aug 28/95
Deleted - Housekeeping 11
14G(1)
May 23/24
Jun 13/24
MINORREV 2023-01065 (Housing
Accelerator Fund) - Added Undersized Lots
14G(2)
May 23/24
Jun 13/24
MINORREV 2023-01065 (Housing
Accelerator Fund) - Added Undersized Lots
14G(3)
May 23/24
Jun 13/24
MINORREV 2023-01065 (Housing
Accelerator Fund) - Added Undersized Lots
14H
May 16/85
Nov 8/85
Alteration to Non-Conforming Uses
Feb 3/93
Mar 2/93
Housekeeping 3
14H(2)
Oct 28/93
Jan 18/94
Non-Conforming
Halifax Mainland Land Use By-law
Page 187
Structure Replacement
14H(3)
May 1/01
June 9/01
Non-conforming Use
14I
Aug 29/85
Oct 1/85
Boat and Trailer Storage
14I(1)
Nov 12/92
Feb 15/93
Parking Amendments
14I(2)
Nov 12/92
Feb 15/93
Parking Amendments
14I(3)A
Nov 12/92
Feb 15/93
Parking Amendments
14I(3)B(i)
Nov 12/92
Feb 15/93
Parking Amendments
14I(3)B(ii)
Nov 12/92
Feb 15/93
Parking Amendments
14I(3)B(iii)
Nov 12/92
Feb 15/93
Parking Amendments
14J
Feb 27/86
Mar 28/86
Subdivision of Undersized Lot(s)
14J(c)
Nov 3/03
Nov 30/03
Housekeeping Amendments
Nov 10/03
Nov 30/03
Housekeeping Amendments
14K
May 28/87
Jun 29/87
Mainland South Secondary Plan
Nov 22/95
Dec 31/95
Housekeeping 12
14L
May 28/87
Jun 29/87
Deleted - Mainland South Lot Size on Body of
Water
Aug 18/93
Sept 28/93
Housekeeping 7
14M
May 28/87
Jun 29/87
Mainland South Secondary Plan
Nov 22/95
Dec 31/95
Housekeeping 12
14N
May 28/87
Jun 29/87
Mainland South Secondary Plan
Nov 22/95
Dec 31/95
Housekeeping 12
14O
Oct 13/88
Feb 13/89
Heritage Contract Provision
Jul 27/95
Aug 28/95
Deleted - Housekeeping 11
14P
Jan 30/92
Apr 2/92
Non-Conforming Contract Provision
Jul 27/95
Aug 28/95
Deleted - Housekeeping 11
14Q
May 13/93
Aug 17/93
Private Road Contract Provision
Jul 27/95
Aug 28/95
Deleted - Housekeeping 11
14QA (1-7)
June 27,06
Aug 26, 06
Watercourse Setbacks and Buffers
Jun 25/14
Oct 18/14
RP+5 - Repeal/Readopt
14QA(1)
Jun 25/14
Oct 18/14
RP+5 - Amend
14QA(3)
Jun 25/14
Oct 18/14
RP+5 - Amend
14QB
June 27,06
Aug 26, 06
Coastal Areas
Jun 25/14
Oct 18/14
RP+5 - Repeal/Readopt
Jun 25/14
Oct 18/14
RP+5 - Amend
Dec 11/18
Dec 29/18
Case # 21648, Coastal flooding amendments
14QB(2)
Sep 1/20
Nov 7/20
Case 21162 (Secondary/Backyard Suites) -
Amend
14R
Oct 11/22
Nov 16/22
Case 22257 (Regional Plan - Phase 3) -
Amended (a); Deleted (c)
Halifax Mainland Land Use By-law
Page 188
14S
June 27,06
Aug 26, 06
Areas of Elevated Archaeological Potential
Jun 25/14
Oct 18/14
RP+5 - Repeal/Readopt
14T
June 27,06
Aug 26, 06
Wetlands Map
Jun 25/14
Oct 18/14
RP+5 - Repeal/Readopt
14U
May 1/07
July 21/07
Defining Northwest Arm, Adding 14U
Development & Subdivision on Northwest Arm;
Adding WA Zone
Jan 11/11
Mar 12/11
Case # 01251 - Readopted entire Section 14U
with - Development and Subdivision on the
Northwest Arm and the Western Shore of the
Bedford Basin
14V
Jan. 20/09
Feb. 7/09
Case # 01058 - Amending Section 14V
(Temporary Construction Uses Permitted)
14W
Aug 16/11
Oct 29/11
Project #00953 - Wind Energy: Added to Part 14.
Oct 18/11
Oct 29/11
Project #00953 - Wind Energy: Added 14W IV
b) and c) after 14W IV a).
Jun 25/14
Oct 18/14
RP+5 - Repeal/Readopt
Aug 9/22
Sep 15/22
Case RP16-16 (Shared Housing)
14X
Jun 25/14
Oct 18/14
RP+5 - Add
Oct 11/22
Nov 16/22
Case 22257 (Regional Plan - Phase 3) -
Amended
14Y
Sep 18/18
Nov 3/18
Case 21331 - Added Section (Cannabis)
14YA(b)
Feb 21/23
Sep 1/23
Case 24526 (Short Term Rentals) - Added
14YA(c)
Feb 21/23
Sep 1/23
Case 24526 (Short Term Rentals) - Added
14 YB(a)
Feb 21/23
Sep 1/23
Case 24526 (Short Term Rentals) - Added
14 YB(b)
Feb 21/23
Sep 1/23
Case 24526 (Short Term Rentals) - Added
15
Nov 22/95
Dec 31/95
Housekeeping 12
June 21/05
Aug 6/05
Zoning Map ZM-1
16
Feb 14/80
Mar 23/80
C-2A Zone
Jun 12/80
Sept 29/80
Adult Entertainment Zone
Jun 26/80
Sept 29/80
Adult Entertainment Zone
Mar 14/85
May 28/85
Bedford Highway Secondary Plan
Jan 31/85
Jul 5/85
Fairview Secondary Plan
16(1)
Jun 3/93
Jul 17/93
Housekeeping 6
Mar 28/96
Apr 23/96
R-2T Amendment
July 4/00
Aug 5/00
WC Zone (Western Common Master Plan)
July 2/02
Aug 17/02
Infrastructure Charge Holding Zone
July 9/02
Aug 28/02
WCDD Zone
Sept 10/02
Nov 9/02
CD-1, CD-2 & CD-3 Zone
June 27,06
Aug 26, 06
US, UR, RPK and W - PWS Zones
Jun 25/14
Oct 18/14
RP+5 - Repeal/Readopt
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road Add R-2TA, R-
4A and C-2C.
Feb 23/21
May 8/21
Case 22332 - Amended to include R-4B
(Dunbrack Multi Unit) Zone
16(2)
Jun 3/93
Jul 17/93
Housekeeping 6
Mar 28/96
Apr 23/96
R-2T Amendment
July 4/00
Aug 5/00
WCCDD Zone (Western Common Master Plan)
Sept 10/02
Nov 9/02
CD-1, CD-2 & CD-3 Zone
Halifax Mainland Land Use By-law
Page 189
July 2/02
Aug 17/02
ICH Zone
July 9/02
Aug 28/02
WCDD Zone
Jun 25/14
Oct 18/14
RP+5 - Repeal/Readopt
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Amended
Nov 27/18
Jan 12/19
Herring Cove Road Residential/Minor
commercial zone (case 20102)
Feb 23/21
May 8/21
Case 22332 - Amended to include R-4B Zone
17(c)
May 28/87
Jun 29/87
Mainland South Secondary Plan
17(f)
May 28/87
Jun 29/87
Mainland South Secondary Plan
17(g)
Mar 4/02
Mar 24/02
Zoning for closed streets (Case 00248)
17(h)
Jan 11/11
Mar 12/11
Case #01251 - Readopted
19
Oct 11/22
Nov 16/22
Case 22257 (Regional Plan - Phase 3) -
Repealed Mobile Homes
19A
Dec 12/85
Jan 14/86
Application Fees
19A(1)
Jun 29/85
Aug 8/88
Advertising Costs
Dec 7/88
Jan 3/89
Application Fees
Dec 5/90
Jan 5/91
Application Fees
19A(2)
Jun 29/85
Aug 8/88
Advertising Costs
20(1)
May 23/24
Jun 13/24
MINORREV 2023-01065 (Housing
Accelerator Fund) - Amended
20(1)(d)
Jan 15/87
Feb 17/87
Community Facility
20(1)(i)
Sept 28/89
Feb 12/90
Day Nursery
Jul 15/97
Aug 12/97
Child Care Centres
Mar 3/09
Mar 21/09
Day Care Facility
20(1)(j)
Mar 13/80
Apr 25/80
Special Care Home
Aug 9/22
Sep 15/22
Case RP16-16 (Shared Housing)
20(1)(ja)
Sep 29-30/20
Dec 05/20
Case 22050 (Parkmoor & Charlton Avenues &
Hayes Street - Added - townhouse buildings
20(1)(k)
Mar 13/80
Apr 25/80
Special Care Home
Sept 15/94
Oct 11/94
Housekeeping 8
20(1)(ba)
Mar 13/80
May 1/80
Home Occupation
21(ba)
Aug 18/93
Sept 28/93
Housekeeping 7
Nov 22/95
Dec 31/95
Housekeeping 12
21(ca)
Feb 3/93
Mar 2/93
Housekeeping 3
21(d)
Oct 11/22
Nov 16/22
Case 22257 (Regional Plan - Phase 3) -
Repealed
21(ea)
Sep 29-30/20
Dec 05/20
Case 22050 (Parkmoor & Charlton Avenues &
Hayes Street - Added - Single Detached
Dwellings
21(ga)
Sep 1/20
Nov 7/20
Case 21162 (Secondary/Backyard Suites) -
Add
Halifax Mainland Land Use By-law
Page 190
Apr 14/21
May 1/21
Case 23274 - Household Amendments:
Secondary Backyard Suites. Amended R-1Zone,
Section 21(ga) to include text and delete text
21(i)
June 30/98
Aug 5/98
Boscobel Road Lot Sizes
April 6/09
October 8/09
Daycare Facility (01234)
22(a)
May 11/95
Jun 10/95
Bed and Breakfast
Feb 21/23
Sep 1/23
Case 24526 (Short Term Rentals) - Deleted
22(b)
May 11/94
Jun 10/95
Bed and Breakfast
Feb 21/23
Sep 1/23
Case 24526 (Short Term Rentals) - Deleted
22(g)
May 11/95
Jun 10/95
Bed and Breakfast
23(c)
Mar 13/80
May 1/80
Home Occupation
23(e)
Jul 15/97
Aug 12/97
Child Care Centres
23(e)
Mar 3/09
Mar 21/09
Day Care Facility
23(g)
Feb 21/23
Sep 1/23
Case 24526 (Short Term Rentals) - Deleted
23A
Jul 15/97
Aug 12/97
Child Care Centres
23A
Mar 3/09
Mar 21/09
Day Care Facility
23A(a)
Mar 3/09
Mar 21/09
Day Care Facility
23A(c)
Mar 3/09
Mar 21/09
Day Care Facility
23A(d)
Mar 3/09
Mar 21/09
Day Care Facility
23B
Sept 28/89
Feb 12/90
Day Nursery
23B
Jul 15/97
Aug 12/97
Child Care Centres
Mar 3/09
Mar 21/09
Day Care Facility
23C
Sept 28/89
Feb 12/90
Deleted - Additional Children Provision
23D
Mar 13/80
May 1/80
Home Occupation
Aug 9/22
Sep 15/22
Case RP16-16 (Shared Housing) - Deleted
24(1)(e)
Jul 15/97
Aug 12/97
Child Care Centres
24(1)(fa)
Aug 9/22
Sep 15/22
Case RP16-16 (Shared Housing) - Added
23E(1)
Sep 29-30/20
Dec 05/20
Case 22050 (Parkmoor & Charlton Avenues &
Hayes Street - Added - Townhouse Buildings
Aug 22/23
Sep 28/23
Case 24528 (Shared Housing Housekeeping) -
Deleted Subsection (j)
23E(2)
Sep 29-30/20
Dec 05/20
Case 22050 (Parkmoor & Charlton Avenues &
Hayes Street - Added - Subdivision of a
Townhouse Building
23E(3)
Sep 29-30/20
Dec 05/20
Case 22050 (Parkmoor & Charlton Avenues &
Hayes Street - Added - Accessory Buildings on
Townhouse Lots
23E(4)
Sep 29-30/20
Dec 05/20
Case 22050 (Parkmoor & Charlton Avenues &
Hayes Street - Added - Accessory Buildings on
Townhouse Lots
24(1)(ca)
Jun 10/14
Jul 26/14
Case 16367 - 286/290 Herring Cove Road
Halifax Mainland Land Use By-law
Page 191
24(1)(d)
Sept 15/94
Oct 11/94
Housekeeping 8
24(1)(f)
Jan 31/85
Jul 5/85
Fairview Secondary Plan
Nov 22/95
Dec 31/95
Housekeeping 12
24(1)(g)
Jan 31/85
Jul 5/85
Fairview Secondary Plan
Sept 15/94
Oct 11/94
Housekeeping 8
24(4)
Sept 15/94
Oct 11/94
Housekeeping 8
25A
Feb 3/93
Mar 2/93
Deleted - Day Nursery Other Than Dwelling
26(i)
Mar 12/87
Apr 14/87
Semi-Detached Amendments
Feb 22/22
Mar 12/22
Case 23120 - R-2 (Two-Family Dwelling) Zone
amendments
26(ba)
Aug 18/93
Sept 28/93
Housekeeping 7
Nov 22/95
Dec 31/95
Housekeeping 12
26(ca)
Feb 3/93
Mar 2/93
Housekeeping 3
26(d)
Oct 11/22
Nov 16/22
Case 22257 (Regional Plan - Phase 3) -
Repealed
26(ga)
Sep 1/20
Nov 7/20
Case 21162 (Secondary/Backyard Suites) -
Add
Apr 14/21
May 1/21
Case 23274 - Household Amendments:
Secondary Backyard Suites. Amended R-2 Zone,
Section 26(ga) to revise text
26(j)
Jul 15/97
Aug 12/97 Child Care Centres
26(k)
Jul 15/97
Aug 12/97
Child Care Centres
27
Feb 21/23
Sep 1/23
Case 24526 (Short Term Rentals) - Deleted
28
Jul 15/97
Aug 12/97
Child Care Centres
28(c)
Mar 13/80
May 1/80
Home Occupation
28(e)
Mar 3/09
Mar 21/09
Day Care Facility
28A
Jul 15/97
Aug 12/97
Child Care Centres
28B
Jul 15/97
Aug 12/97
Child Care Centres
28AA(1)
Aug 9/22
Sep 15/22
Case RP16-16 (Shared Housing) - Added
28AA-AD
Jan 31/94
Jul 5/85
Fairview Secondary Plan
28AA(c)
Sept 15/94
Oct 11/94
Housekeeping 8
28AB(1)
Mar 12/87
Apr 14/87
Semi-Detached Amendments
28AB(1)
Jul 15/97
Aug 12/97
Child Care Centres
28AB(5)
Mar 12/87
Apr 1487
Semi-Detached Amendments
Dec 14/16-HWCC
Dec 31/16
RP16-02 - Amended
Sep 12/17-HWCC
Sep 30/17
RP17-01 - Amended 28AB(5)(2) and
28AB(5)(3)
28AD
Dec 14/16-HWCC
Dec 31/16
RP16-02 - Amended
Halifax Mainland Land Use By-law
Page 192
28AF
May 28/87
Jun 29/87
Mainland South Secondary Plan
28AE
Nov 22/95
Dec 31/95
Housekeeping 12
28AJ(1) - 28AN(b)
Mar 28/96
Apr 23/96
R-2T Amendment
28AJ(1)(ba)
Aug 9/22
Sep 15/22
Case RP16-16 (Shared Housing) - Added
28AO(1)
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Added
28AO(2)
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Added
28AO(3)
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Added
28AP
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Added
28AQ(1)
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Added
28AO(1)(da)
Aug 9/22
Sep 15/22
Case RP16-16 (Shared Housing) - Added
28AQ(2)
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Added
Aug 22/23
Sep 28/23
Case 24528 (Shared Housing Housekeeping) -
Deleted Subsection (j)
28AQ(3)
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Added
28AR(1)
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Added
28AR(2)
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Added
28AS(1)
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Added
28AS(2)
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Added
28AS(3)
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Added
28AT(1)
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Added
28AT(2)
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Added
28AT(3)
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Added
28AU(1)
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Added
28AU(2)
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Added
28AV
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Added
28AW
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Added
Feb 21/23
Sep 1/23
Case 24526 (Short Term Rentals) - Deleted
Subsection (k), (l)
28AX
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Added
28BA-BD
Jan 31/85
Jul 5/85
Fairview Secondary Plan
28BA(ba)
Aug 18/93
Sept 28/93
Housekeeping 7
28BA(1)
Mar 28/96
Apr 23/96
R-2T Amendment
28BA(1)(b)
Aug 18/93
Sept 28/93
Housekeeping 7
Halifax Mainland Land Use By-law
Page 193
28BA(1)(ca)
Aug 9/22
Sep 15/22
Case RP16-16 (Shared Housing) - Added
28BA(1)(d)
28BA(1)(ca)
Aug 9/22
Sep 15/22 Case RP16-16 (Shared Housing) -
Amended
28BC(1)
Mar 12/87
Apr 14/87
Semi-Detached Amendments
Feb 3/93
Mar 2/93
Housekeeping 3
Aug 18/93
Sept 28/93
Housekeeping 7
28BC(2)
Aug 18/93
Sept 28/93
Housekeeping 7
Mar 28/96
Apr 23/96
R-2T Amendment
28BC(3)
Aug 18/93
Sept 28/93
Housekeeping 7
Mar 28/96
Apr 23/96
R-2T Amendment
28BC(3)(a)
Aug 18/93
Sept 28/93
Housekeeping 7
28BC(3)(b)
Aug 18/93
Sept 28/93
Housekeeping 7
28BC(3)(c)
Aug 18/93
Sept 28/93
Housekeeping 7
28BC(3)(d)
Aug 18/93
Sept 28/93
Housekeeping 7
28BC(3)(e)
Aug 18/93
Sept 28/93
Housekeeping 7
28BC(3)(f)
Aug 18/93
Sept 28/93
Housekeeping 7
28BC(4)
Aug 18/93
Sept 28/93
Deleted - Lot Coverage R-2A - Readopted by
28BC(3)(d)
28BC(5)
Aug 18/93
Sept 28/93
Deleted - Height R-2A - Readopted by
28BC(3)(e)
28BC(6)
Mar 12/87
Apr 14/87
Semi-Detached Amendments
Aug 18/93
Sept 28/93
Housekeeping 7
28BD
Aug 18/93
Sept 28/93
Housekeeping 7
28BE
Sept 17/87
Oct 20/87
Deleted - R-2AM (Additions)
Aug 18/93
Sept 28/93
Housekeeping 7
28BG
Feb 11/88
Mar 15/88
R-2AM Amendments
28BH
Mar 25/93
May 28/93
9 and 11 Alma Crescent
28C
Jun 10/14
Jul 26/14
Case 16367 - 286/290 Herring Cove Road
28CA-CG
Mar 14/85
May 28/85
Bedford Highway Secondary Plan
28CA(1)
Jul 15/97
Aug 12/97
Child Care Centres
28CA(1)(a)
Mar 28/96
Apr 23/96
R-2T Amendment
28CA(1)(c)
Aug 18/93
May 28/93
Housekeeping 7
28CA(1)(ca)
Mar 3/09
Mar 21/09
Day Care Facility
28CA(1)(cb)
Aug 9/22
Sep 15/22
Case RP16-16 (Shared Housing) - Added
28CC(1)
Aug 18/93
May 28/93
Housekeeping 7
Mar 28/96
Apr 23/96
R-2T Amendment
28CD
Aug 18/93
May 28/93
Housekeeping 7
28CD(6)
Aug 18/93
May 28/93
Housekeeping 7
28CD(7)
Aug 18/93
May 28/93
Housekeeping 7
28CD(8)
Aug 18/93
May 28/93
Housekeeping 7
28CE(5)
Sept 11/86
Oct 14/86
R-3 Zone Amendments
28CF
Sept 11/86
Oct 14/86
R-3 Zone Amendments
Halifax Mainland Land Use By-law
Page 194
Aug 9/22
Sep 15/22
Case RP16-16 (Shared Housing) - Amended
28CF(a)
Aug 9/22
Sep 15/22
Case RP16-16 (Shared Housing) - Amended
28CG
Aug 18/93
Sept 29/87
Deleted - Bedford Highway Plan Parking
28CH(1)
Nov 22/95
Dec 31/95
Housekeeping 12
28CI
May 28/87
Jun 29/87
Mainland South Secondary Plan
Nov 22/95
Dec 31/95
Housekeeping 12
28CK
Aug 9/22
Sep 15/22
Case RP16-16 (Shared Housing) - Amended
29(1)
Jul 15/97
Aug 12/97
Child Care Centres
29(1)(b)
Aug 9/22
Sep 15/22
Case RP16-16 (Shared Housing) - Amended
29(1)(c)
Aug 9/22
Sep 15/22
Case RP16-16 (Shared Housing) - Deleted
29(1)(g)
Aug 9/22
Sep 15/22
Case RP16-16 (Shared Housing) - Deleted
28CJ
Jul 25/17-HWCC
Aug 12/17
Case 20100 - Add 28CJ: Yards, Landscaping
and Screening - Mainland South, to the R-3
Zone.
28CK
Jul 25/17-HWCC
Aug 12/17
Case 20100 - Add 28CK: Commercial Uses, to
theR-3 Zone.
29(1)(a)
Mar 28/96
Apr 23/96
R-2T Amendment
29(1)(f)
Jul 28/83
Aug 29/83
R-4 Professional Offices
29(1)(g)
Mar 13/80
Apr 25/80
Special Care Home
29(l)(j)
Mar 3/09
Mar 21/09
Day Care Facility
29A
May 16/85
Jun 18/85
Commercial Uses in Apartments
29B
May 16/85
Jun 18/85
Commercial Uses in Apartments
31
Mar 28/96
Apr 23/96
R-2T Amendment
33(2)(e)
Jul 27/95
Aug 28/95
Deleted - Housekeeping 11
34
Aug 9/22
Sep 15/22
Case RP16-16 (Shared Housing) - Amended
34(3)
Mar 13/80
Apr 25/80
Special Care Home
Aug 9/22
Sep 15/22
Case RP16-16 (Shared Housing) - Deleted
Section
34AA-AE
Jan 31/85
Jul 5/85
Fairview Secondary Plan
34AA(1)(a)
Jun 7/95
Jul 5/95
Housekeeping 10
34AA(1)(b)
Jun 7/95
Jul 5/95
Rescinded - Housekeeping 10
34AA(1)(c)
Jun 7/95
Jul 5/95
Housekeeping 10
34AA(1)(d)
Jun 7/95
Jul 5/95
Housekeeping 10
34AAA(1)
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Added
34AAA(1)(da)
Aug 9/22
Sep 15/22
Case RP16-16 (Shared Housing) - Added
34AAA(2)
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Added
34AAA(3)
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Added
34AAA(4)
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Added
Halifax Mainland Land Use By-law
Page 195
34AAB(1)
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Added
34AAB(1)(k)
Apr 4/23
May 19/23
Case 22816 & 23245 - Added
34AAC(1)
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Added
34AAD(1)
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Added
Aug 9/22
Sep 15/22
Case RP16-16 (Shared Housing) - Amended
34AAE(1)
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Added
34AAF(1)
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Added
34AAG(1)
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Added
34AAH(1)
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Added
34AAI(1)
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Added
34AAI(2)
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Added
34AAI(3)
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Added
34AAJ(1)
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Added
Aug 9/22
Sep 15/22
Case RP16-16 (Shared Housing) - Amended
34AAK
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Added
Feb 21/23
Sep 1/23
Case 24526 (Short Term Rentals) - Deleted
Subsection (k), (l)
34AB
Jun 7/95
Jul 5/95
Housekeeping 10
34AF
Jun 7/95
Jul 5/95
Housekeeping 10
34AF(1) and (2)
May 28/87
Jun 29/87
Mainland South Secondary Plan
Jun 7/95
Jul 5/95
Rescinded - Housekeeping 10
34B1
Feb 23/21
May 8/21
Case 22332 - Added R-4B (Dunbrack Multi-
Unit) Zone
34BIea
Aug 9/22
Sep 15/22
Case RP16-16 (Shared Housing) - Added
34B2
Feb 23/21
May 8/21
Case 22332 - Added R-4B (Dunbrack Multi-
Unit) Zone
34B3
Feb 23/21
May 8/21
Case 22332 - Added R-4B (Dunbrack Multi-
Unit) Zone
34B4
Feb 23/21
May 8/21
Case 22332 - Added R-4B (Dunbrack Multi-
Unit) Zone
34B5
Feb 23/21
May 8/21
Case 22332 - Added R-4B (Dunbrack Multi-
Unit) Zone
34B6
Feb 23/21
May 8/21
Case 22332 - Added R-4B (Dunbrack Multi-
Unit) Zone
34B7
Feb 23/21
May 8/21
Case 22332 - Added R-4B (Dunbrack Multi-
Unit) Zone
34B8
Feb 23/21
May 8/21
Case 22332 - Added R-4B (Dunbrack Multi-
Unit) Zone
Halifax Mainland Land Use By-law
Page 196
34B9
Feb 23/21
May 8/21
Case 22332 - Added R-4B (Dunbrack Multi-
Unit) Zone
34B10
Feb 23/21
May 8/21
Case 22332 - Added R-4B (Dunbrack Multi-
Unit) Zone
34B11
Feb 23/21
May 8/21
Case 22332 - Added R-4B (Dunbrack Multi-
Unit) Zone
34B12
Feb 23/21
May 8/21
Case 22332 - Added R-4B (Dunbrack Multi-
Unit) Zone
34B13
Feb 23/21
May 8/21
Case 22332 - Added R-4B (Dunbrack Multi-
Unit) Zone
34B14
Feb 23/21
May 8/21
Case 22332 - Added R-4B (Dunbrack Multi-
Unit) Zone
34B15
Feb 23/21
May 8/21
Case 22332 - Added R-4B (Dunbrack Multi-
Unit) Zone
34B16
Feb 23/21
May 8/21
Case 22332 - Added R-4B (Dunbrack Multi-
Unit) Zone
34B17
Feb 23/21
May 8/21
Case 22332 - Added R-4B (Dunbrack Multi-
Unit) Zone
34B18
Feb 23/21
May 8/21
Case 22332 - Added R-4B (Dunbrack Multi-
Unit) Zone
34B19
Feb 23/21
May 8/21
Case 22332 - Added R-4B (Dunbrack Multi-
Unit) Zone
34B20
Feb 23/21
May 8/21
Case 22332 - Added R-4B (Dunbrack Multi-
Unit) Zone
Aug 9/22
Sep 15/22
Case RP16-16 (Shared Housing) - Amended
34B21
Feb 23/21
May 8/21
Case 22332 - Added R-4B (Dunbrack Multi-
Unit) Zone
34B22
Feb 23/21
May 8/21
Case 22332 - Added R-4B (Dunbrack Multi-
Unit) Zone
34B23
Feb 23/21
May 8/21
Case 22332 - Added R-4B (Dunbrack Multi-
Unit) Zone
34B24
Feb 23/21
May 8/21
Case 22332 - Added R-4B (Dunbrack Multi-
Unit) Zone
Aug 9/22
Sep 15/22
Case RP16-16 (Shared Housing) - Amended
34B25
Feb 23/21
May 8/21
Case 22332 - Added R-4B (Dunbrack Multi-
Unit) Zone
34B26
Feb 23/21
May 8/21
Case 22332 - Added R-4B (Dunbrack Multi-
Unit) Zone
34B27
Feb 23/21
May 8/21
Case 22332 - Added R-4B (Dunbrack Multi-
Unit) Zone
34B28
Feb 23/21
May 8/21
Case 22332 - Added R-4B (Dunbrack Multi-
Unit) Zone
Halifax Mainland Land Use By-law
Page 197
34B29
Feb 23/21
May 8/21
Case 22332 - Added R-4B (Dunbrack Multi-
Unit) Zone
34B30
Feb 23/21
May 8/21
Case 22332 - Added R-4B (Dunbrack Multi-
Unit) Zone
34B31
Feb 23/21
May 8/21
Case 22332 - Added R-4B (Dunbrack Multi-
Unit) Zone
34B32
Feb 23/21
May 8/21
Case 22332 - Added R-4B (Dunbrack Multi-
Unit) Zone
34B33
Feb 23/21
May 8/21
Case 22332 - Added R-4B (Dunbrack Multi-
Unit) Zone
Aug 9/22
Sep 15/22
Case RP16-16 (Shared Housing) - Amended
34B34
Feb 23/21
May 8/21
Case 22332 - Added R-4B (Dunbrack Multi-
Unit) Zone
34B35
Feb 23/21
May 8/21
Case 22332 - Added R-4B (Dunbrack Multi-
Unit) Zone
34B36
Feb 23/21
May 8/21
Case 22332 - Added R-4B (Dunbrack Multi-
Unit) Zone
34B37
Feb 23/21
May 8/21
Case 22332 - Added R-4B (Dunbrack Multi-
Unit) Zone
34B37(b)
May 23/24
Jun 13/24
MINORREV 2023-01065 (Housing
Accelerator Fund) - Repealed
34B38
Feb 23/21
May 8/21
Case 22332 - Added R-4B (Dunbrack Multi-
Unit) Zone
34B39
Feb 23/21
May 8/21
Case 22332 - Added R-4B (Dunbrack Multi-
Unit) Zone
34B40
Feb 23/21
May 8/21
Case 22332 - Added R-4B (Dunbrack Multi-
Unit) Zone
35(1)(a)
Mar 28/96
Apr 23/96
R-2T Amendment
35(1)(b)
Jun 12/80
Sept 29/80
Adult Entertainment Zone
Jun 26/80
Sept 29/80
Adult Entertainment Zone
Dec 2/823
Dec 2/82
Amusement Centres
Jul 17/87
Aug 19/86
Rental
Jun 3/93
Jul 17/93
Housekeeping 6
35(1)(c)
Jun 3/93
Jul 17/93
Housekeeping 6
35(1)(d)
Jan 15/87
Feb 17/87
Community Facility
35(1)(e)
Jun 3/93
Jul 17/93
Housekeeping 6
36
Mar 28/96
Apr 23/96
R-2T Amendment
37(c)
Aug 18/93
Sept 28/93
Housekeeping 7
37(d)(i)
Aug 18/93
Sept 28/93
Housekeeping 7
38A-D
Feb 14/80
Mar 23/80
C-2A Zone
3
Municipal Board Decision
Halifax Mainland Land Use By-law
Page 198
38(1)
Jul 15/97
Aug 12/97
Child Care Centres
38A(1)(a)
Mar 14/85
May 28/85
Bedford Highway Secondary Plan
Jan 31/85
Jul 5/85
Fairview Secondary Plan
Sept 15/94
Oct 11/94
Housekeeping 8
Mar 28/96
Apr 23/96
R-2T Amendment
38A(1)(b)
Jul 17/86
Aug 19/86
Rental
38A(1)(e)
Dec 2/824
Dec 8/82
Amusement Centre
38A(1)(f)
Sept 15/94
Oct 11/94
Deleted - Bowling Alley
38A(1)(la)
Jul 30/81
Sept 11/81
Billboards
38A(1)(lb)
Jun 11/87
Jul 14/87
Commercial Recreation Use
38A(1)(lc)
Apr 12/95
May 12/95
Bingo and Pool Hall C-2A Zone
Jun 7/95
Jul 5/95
Housekeeping 10
May 16/01
June 3/01
Recycling depot
38A(1)(ld)
Mar 3/97
Apr 1/97
Motor Vehicles Sales in
Bedford Highway Area
38A(1)(1d)
Mar 3/09
Mar 21/09
Day Care Facility
38B(2)
Jan 31/85
Jul 5/85
Fairview Secondary Plan
Mar 28/96
Apr 23/96
R-2T Amendment
38BA(1)
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Added
Jul 30/18-HWCC
Aug 25/18
Case 21439 - Added "lounge" to Section
38BA(1) as a permitted use.
38BA(1)(oa)
Aug 9/22
Sep 15/22
Case RP16-16 (Shared Housing) - Added
38BA(2)
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Added
38BA(3)
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Added
38BA(4)
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Added
38BB(1)
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Added
38BB(2)
May 23/24
Jun 13/24
MINORREV 2023-01065 (Housing
Accelerator Fund) - Added
38BC(1)
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Added
May 23/24
Jun 13/24
MINORREV 2023-01065 (Housing
Accelerator Fund) - Added Undersized Lots
38BC(1)(c)
Jan 18/22
Sep 3/22
Case C-2C Zone - Amended clause
Apr 4/23
May 19/23
Case 22816 & 23245 - Amended
38BD(1)
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Added
38BD(1)(a)
Apr 4/23
May 19/23
Case 22816 & 23245 - Deleted
38BD(1)(aa)
Apr 4/23
May 19/23
Case 22816 & 23245 - Added
38BD(1)(b)
Apr 4/23
May 19/23
Case 22816 & 23245 - Added
4 Municipal Board Decision
Halifax Mainland Land Use By-law
Page 199
38BE(1)
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Added
Apr 4/23
May 19/23
Case 22816 & 23245 - Amended
38BE(1)(a)
Apr 4/23
May 19/23
Case 22816 & 23245 - Added
38BE(1)(b)
Apr 4/23
May 19/23
Case 22816 & 23245 - Added
38BE(1)(c)
Apr 4/23
May 19/23
Case 22816 & 23245 - Added
38BE(2)
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Added
38BE(3)
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Added
Aug 11/20
Aug 29/20
Case 22503 - Amend streetline grade along
street frontages on Joseph Howe Drive and Percy
Street
38BF(1)
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Added
38BG(1)
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Added
Feb 12/19
Apr 13/19
Case 21336-Added C and D to Parking under
38BG(1)
38BG(1)(c)(iii)
Aug 9/22
Sep 15/22
Case RP16-16 (Shared Housing) - Amended
38BH(1)
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Added
38BI(1)
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Added
38BJ(1)
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Added
38BK(1)
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Added
38BL(1)
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Added
38BL(1)(a)
May 23/24
Jun 13/24
MINORREV 2023-01065 (Housing
Accelerator Fund) - Amended
38BL(2)
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Added
38BL(3)
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Added
38BL(4)
Apr 4/23
May 19/23
Case 22816 & 23245 - Added
38BM(1)
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Added
Aug 9/22
Sep 15/22
Case RP16-16 (Shared Housing) - Amended
38BN
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Added
38BO(1)
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Added
38BO(2)
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Added
38BP(1)
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Added
38BP(2)
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Added
38BQ(1)
May 23/24
Jun 13/24
MINORREV 2023-01065 (Housing
Accelerator Fund) - Added Interim Bonus
Zoning
38C
Dec 12/05
Jan 1/06
Building Height
Bedford Highway Area
38C(1)
Jun 24/15
Jul 11/15
Case 19533 - Building Height
Halifax Mainland Land Use By-law
Page 200
38C(2)
Jun 24/15
Jul 11/15
Case 19533 - Bedford Highway Secondary Plan
38C(3)
Jun 24/15
Jul 11/15
Case 19533 - Bedford Highway Secondary Plan
38C(4)
Jun 24/15
Jul 11/15
Case 19533 - Bedford Highway Secondary Plan
38CA-CK
Nov 27/18
Jan 12/19
Case 20102-Herring Cove Road
Residential/Minor Commercial Zone
38CA(1)(aa)
Aug 9/22
Sep 15/22
Case RP16-16 (Shared Housing) - Added
38CH(1)(b)
May 23/24
Jun 13/24
MINORREV 2023-01065 (Housing
Accelerator Fund) - Repealed
38CI(1)
Aug 9/22
Sep 15/22
Case RP16-16 (Shared Housing) - Amended
38CJ(1)(b)(iii)
Aug 9/22
Sep 15/22
Case RP16-16 (Shared Housing) - Added
38D(1)
Sept 5/00
Sept 24/00
C2-A sign requirements
38E
Mar 14/85
May 28/85
Bedford Highway Secondary Plan
Jan 31/85
Jul 5/85
Fairview Secondary Plan
38D(3)
Aug 18/93
Sept 16/93
RC-2, RC-3, C-2A Overhanging Signs
Oct 16/86
Nov 18/86
C-2A Zone
38F
Mar 14/85
May 28/85
Bedford Highway Secondary Plan
38F(1)
Jan 31/85
Jul 5/85
Fairview Secondary Plan
Nov 22/95
Dec 31/95
Housekeeping 12
38G
Oct 16/86
Nov 18/86
C-2A Zone
38H
May 28/87
Jun 29/87
Mainland South Secondary Plan
38H(2)
Nov 22/95
Dec 31/95
Housekeeping 12
38I(1)
Apr 27/89
Jun 29/89
Automobile Specialty Shops
Jun 7/95
Jul 5/95
Rescinded - Housekeeping 10
38I(2)
Jun 7/95
Jul 5/95
Housekeeping 10
38J
Feb 10/97
Apr 1/97
Motor Vehicle Sales
Mar 3/97
Mar 30/97
Motor Vehicle Sales
38K
Jun 10/14
Jul 26/14
Case 16367 - 264 Herring Cove Road
38AA(1)(a)
Mar 28/96
Apr 23/96
R-2T Amendment
Jan 11/11
Mar 12/11
Case 01251 - Deleted Subsection (e)
Feb 21/23
Sep 1/23
Case 24526 (Short Term Rentals) - Added
Subsection (ea), (eb)
38AA-AF
Mar 14/85
May 28/85
Bedford Highway Secondary Plan
38AB
Jul 22/92
Aug 22/92
Housekeeping 1 and 2
Mar 28/96
Apr 23/96
R-2T Amendment
38AC
Dec 12/05
Jan 1/06
Building Height
Bedford Highway Area
38AF(1)
Nov 22/95
Dec 31/95
Housekeeping 12
Halifax Mainland Land Use By-law
Page 201
38BC(1)(e)
Jul 7/20
Aug 22/20
Case 21916 - Amend maximum street wall
height
39(1)(a)
Aug 18/93
Sep 28/93
Housekeeping 7
39(1)(b)
Feb 15/79
Apr 16/79
Massage Parlour
Jun 12/80
Sept 29/80
Adult Entertainment Zone
Jun 26/80
Sept 29/80
Adult Entertainment Zone
Jan 27/83
May 22/83
Amusement Centres
Apr 14/83
May 22/83
Amusement Centres
Jan 30/92
May 26/92
Junk Yards
39(1)(c)
Aug 18/93
Sept 28/93
Deleted - M Uses (C-2 Zone)
39(1)(d)
Sept 15/94
Oct 11/94
Housekeeping 8
Jul 19/95
Sept 5/95
Shopping Centres - Mainland South
39(1)(e)
Sept 15/94
Oct 11/94
Housekeeping 8
39(1)(ca)
Jul 30/81
Sept 11/81
Billboards
Aug 18/93
Sept 28/93
Deleted - Billboards (C-2 Zone)
40
Aug 18/93
Sept 28/93
Deleted - Referral Back to C-1 for C-1 Uses in C-
2 Zone
41
Aug 18/93
Sept 28/93
Housekeeping 7
41(b)
Aug 18/93
Sept 28/93
Housekeeping 7
41(c)(i)
Aug 18/93
Sept 28/93
Housekeeping 7
41A
May 28/87
Jun 29/87
Mainland South Secondary Plan
41A(1)
Sept 15/94
Oct 11/94
Housekeeping 8
Jul 19/95
Sept 5/95
Shopping Centres - Mainland South
Nov 22/95
Dec 31/95
Housekeeping 12
41A(1)(a)
Sept 15/94
Oct 11/94
Housekeeping 8
41A(1)(c)
Jul 19/95
Sept 5/95
Shopping Centres - Mainland South
Aug 5/08
Aug 23/08
Case # 01119 - Parking requirements
41A(1)(d)
Sept 15/94
Oct 11/94
Deleted - Referral Back to C-2A for C-2A Uses
in C-2 Zone
Jul 19/95
Sept 5/95
Shopping Centres - Mainland South
41A-F
Feb 15/79
Apr 16/79
Massage Parlour
42(1)
Aug 18/93
Sept 28/93
Housekeeping 7
42(1)(b)
Jun 12/80
Sept 29/80
Adult Entertainment Zone
Jun 26/80
Sept 29/80
Adult Entertainment Zone
May 31/84
Jul 3/84
Adult Cabaret
42A(3)
Jun 12/80
Sept 29/80
Adult Entertainment Zone
Jun 26/80
Sept 29/80
Adult Entertainment Zone
42C
Jun 12/80
Sept 29/80
Adult Entertainment Zone
Jun 26/80
Sept 29/80
Adult Entertainment Zone
42D
Jun 12/80
Sept 29/80
Adult Entertainment Zone
Jun 26/80
Sept 29/80
Adult Entertainment Zone
Halifax Mainland Land Use By-law
Page 202
43(1)(b)
Jan 30/92
Mar 26/92
Junk Yards
43(1)(c)
Sep 18/18
Nov 3/18
Case 21331 - Added clause (Cannabis)
46
Jun 3/93
Jul 17/93
Deleted - IP Zone
Sep 18/18
Nov 8/18
Case 21331 - Added Section (Cannabis)
47
Jun 3/93
Jul 17/93
Deleted - IP Zone
48
Jun 3/93
Jul 17/93
Deleted - IP Zone
50A(1-5)
Jul 28/83
Dec 11/84
I-3 Zone
50A(1)
Aug 23/89
Oct 26/89
I-3 Zone Amendments
Jun 7/95
Jul 5/95
Housekeeping 10
50A(1)(b)
Jul 17/86
Aug 19/86
I-3 Zone Amendments
50A(1)(c)
Sep 18/18
Nov 3/18
Case 21331 - Added clause (Cannabis)
50A(4)
Aug 23/89
Oct 26/89
I-3 Zone Amendments
Sep 13/16
Oct 1/16
Case 20265 - Repealed and replaced
50A(6)
Jul 17/86
Aug 19/86
I-3 Zone Amendments
50A(7)
Aug 23/89
Oct 26/89
I-3 Zone Amendments
50A(8)
Aug 23/89
Oct 26/89
I-3 Zone Amendments
Jan 3/96
Feb 4/96
I-3 Zone Sign Amendments
50A(8)(a)
Jul 18/90
Aug 18/90
Signage - I-3 Zone
Jan 3/96
Feb 4/96
Deleted
50A(8)(b)
Jul 18/90
Aug 18/90
Signage - I-3 Zone
Jan 3/96
Feb 4/96
Deleted
50A(9)
Sep 18/18
Nov 3/18
Case 21331 - Added Section (Cannabis)
51(1)
Jul 15/97
Aug 12/97
Child Care Centres
51(1)(da)
Aug 9/22
Sep 15/22
Case RP16-16 (Shared Housing) - Added
51(1)(db)
Aug 9/22
Sep 15/22
Case RP16-16 (Shared Housing) - Added
51(1)(b)
Jan 15/87
Feb 17/87
Community Facility
51(1)(d)
Mar 14/85
Apr 15/85
Court of Law
51(1)(e)
Oct 11/79
Nov 24/79
Education Services
51(1)(f)
Oct 11/79
Nov 24/79
Education Services
51(1)(g)
Mar 3/09
Mar 21/09
Day Care Facility
52
Jun 28/94
Jul 27/94
Signage - P Zone
53A
Mar 14/85
May 28/85
Bedford Highway Secondary Plan
53A(1)
Nov 22/95
Dec 31/95
Housekeeping 12
53A(3)
Jun 10/14
Jul 26/14
Case 16367 - HRM park at Herring Cove Road
and Williams Lake Road
53AA-AC
Mar 14/85
May 28/85
Bedford Highway Secondary Plan
Halifax Mainland Land Use By-law
Page 203
53AC(1)
Nov 22/95
Dec 31/95
Housekeeping 12
54(1)(a.1)
May 23/24
Jun 13/24
MINORREV 2023-01065 (Housing
Accelerator Fund) - Added
54(1)(a.2)
May 23/24
Jun 13/24
MINORREV 2023-01065 (Housing
Accelerator Fund) - Added
54(1)(a.3)
May 23/24
Jun 13/24
MINORREV 2023-01065 (Housing
Accelerator Fund) - Added
54(1)(aa)
Aug 9/22
Sep 15/22
Case RP16-16 (Shared Housing) - Added
56
Jun 3/93
Jul 17/93
Deleted - M Zone
57
Jun 3/93
Jul 17/93
Deleted - M Zone
58
Jun 3/93
Jul 17/93
Deleted - M Zone
59
Jun 3/93
Jul 17/93
Deleted - G Zone
60
Jun 3/93
Jul 17/93
Deleted - G Zone
61(1)(aa)
Aug 9/22
Sep 15/22
Case RP16-16 (Shared Housing) - Added
61(1)(d)
Sept 27/79
Nov 8/79
Professional Person
61(1)(e)
Sept 27/79
Nov 8/79
Professional Person
61(4)
Mar 28/85
Apr 14/85
Holding Zone
61(5)
Aug 2/16
Sep 3/16
Case 18120 - Added
61A(1)
Aug 9/22
Sep 15/22
Case RP16-16 (Shared Housing) - Amended
61A-B
May 28/87
Jun 28/87
Mainland South Secondary Plan
61A(1-5)
June 27,06
Aug 26, 06
US Zone
Jun 25/14
Oct 18/14
RP+5 - Repeal/Readopt
61A(2-4)
Jul 22/92
Aug 22/92
Housekeeping 1 and 2
61AA(1-4)
June 27,06
Aug 26, 06
UR Zone
Jun 25/14
Oct 18/14
RP+5 - Repeal/Readopt
61AA(1)
Jun 25/14
Oct 18/14
RP+5 - Amend
61AA(1)(aa)
Aug 9/22
Sep 15/22
Case RP16-16 (Shared Housing) - Added
62 (1-4)
June 27,06
Aug 26, 06
PWS Zone
Jun 25/14
Oct 18/14
RP+5 - Repeal/Readopt
62(5)
Jun 25/14
Oct 18/14
RP+5 - Add
62AA
Jul 4/00
Aug 5/00
WC (Western Common) Zone
62AB
Jul 4/00
Aug 5/00
WCCDD (Western Common Comprehensive
Development District) Zone
62AC
Jul 9/02
Aug 28/02
WCDD Zone (Wentworth Comprehensive
Development District)
62AD
Jun 20/06
Jul 29/06
BWCDD Zone (Bedford West Comprehensive
Development District)
62AD(2)
Nov 21/23
Dec 20/23
Case 2023-00370 - Amend Section 62AD(2)
(MA-Housing)
Sub-Area 10
Halifax Mainland Land Use By-law
Page 204
62AE
Jul 17/18
Jul 28/18
Case 19514 - Added Section SRCDD Zone -
Seton Ridge Neighbourhood
62BA(1)
Sep 10/02
Nov 9/02
CD-1 Zone C&D Materials Transfer Stations
62CA(1)
Sep 10/02
Nov 9/02
CD-2 Zone C&D Materials Processing Facilities
62DA(1)
Sep 10/02
Nov 9/02
CD-3 Zone C&D Materials Disposal Sites
62EA(1)(2)(3)
Jul 2/02
Aug 17/02
Infrastructure Charge Holding Zone62EB(1)
62EA(1)(1.5)
Aug 9/22
Sep 15/22
Case RP16-16 (Shared Housing) - Added
62EC(1-4)
Jun 27/06
Aug 26, 06
RPK Zone
62ED (1-5)
Jun 27/06
Aug 26, 06
PA Zone
62EE (1-6)
Jan 11/11
Mar 12/11
Case #01251 - WA (Water Access) Zone
Jun 25/14
Oct 18/14
RP+5 - Repeal/Readopt
62ED(1-5)
Jun 25/14
Oct 18/14
RP+5 - Repeal/Readopt
62EE(7)
Aug 2/16
Sep 3/16
Case 18120 - Added
66
May 28/87
Jun 28/87
Deleted - Schedule D
66(c)
Nov 26/81
Jan 9/82
Requirement for Street Frontage
66(ba)
Dec 8/825
Dec 8/82
Amusement Centres
67
Feb 3/93
Mar 2/93
Deleted - Schedule E
67(c)
Nov 26/81
Jan 9/82
Requirement for Street Frontage
67(ba)
Dec 8/826
Dec 8/82
Amusement Centres
68(3)
Apr 16/81
May 31/81
Commercial Uses - Schedule K
68(3)(a)
Oct 1/92
Dec 2/92
Schedule K - Business Campus
68(3)(b)
Oct 1/92
Dec 2/92
Schedule K - Business Campus
68(4)(ea)
Aug 9/22
Sep 15/22
Case RP16-16 (Shared Housing) - Added
68(4)(g)
Apr 16/81
May 31/81
Commercial Uses - Schedule K
68(4)(h)
Apr 16/81
May 31/81
Commercial Uses - Schedule K
68(4)(i)
Apr 16/81
May 31/81
Commercial Uses - Schedule K
68(4)(k)
Apr 16/81
May 31/81
Commercial Uses - Schedule K
68(4)(l)
Oct 1/92
Dec 2/92
Schedule K - Business Campus
68(6)
Nov 26/81
Jan 9/82
Requirement for Street Frontage
69
Jan 27/83
May 22/83
Amusement Centres
Apr 14/83
May 22/83
Amusement Centres
Jul 14/83
Aug 17/83
Schedule L
69(1)
Jul 27/95
Aug 28/95
Deleted - Housekeeping 11
69(2)
Jul 27/95
Aug 28/95
Deleted - Housekeeping 11
69(e)
Jun 29/88
Oct 17/88
Schedule L
5 Municipal Board Decision
6 Municipal Board Decision
Halifax Mainland Land Use By-law
Page 205
70
Jun 28/84
Apr 13/87
Public Service Use
Jul 22/92
Aug 22/92
Housekeeping 1 and 2
Jul 27/95
Aug 28/95
Deleted Old Section 70 -
Housekeeping 11
70(c)
Aug 9/22
Sep 15/22
Case RP16-16 (Shared Housing) - Amended
70(e)
Nov 15/11
Jan 14/12
Case No. 01254 - Added
70(f)
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Added
Jul 7/20
Aug 22/20
Case 21916 - Amend to include new title - Plan
Dutch Village Road - Area A
70-71(7)
Jul 27/95
Aug 28/95
Development Agreement Provisions -
Housekeeping 11
71(2)
Oct 11/22
Nov 16/22
Case 22257 (Regional Plan - Phase 3) -
Deleted Heritage Property
71(2)(A)
Oct 11/22
Nov 16/22
Case 22257 (Regional Plan - Phase 3) - Added
Heritage Property
71(8)
Jul 15/97
Aug 12/97
Child Care Centres
71(8)
Mar 3/09
Mar 21/09
Day Care Facility
71(9)
May 20/03
Jun 14/03
7, 9, 11 & 13 Springvale Avenue
71(10)
Apr 20/10
May 29/10
50 Bedford Highway
71(11)
Jan 14/20
Mar 7/20
Case 21730 - Added 205 Bedford Highway,
Halifax
71(12)
Jan 14/20
Mar 7/20
Case 21730 - Added 205 Bedford Highway,
Halifax
71(13)
Jan 14/20
Mar 7/20
Case 21730 - Added 205 Bedford Highway,
Halifax
72(a)
Jun 17/03
Oct 25/03
Senior Citizen Assisted Living Complex
Aug 9/22
Sep 15/22
Case RP16-16 (Shared Housing) - Amended
72(1)
Jan 19/10
Apr 17/10
Regatta Point, Halifax
72(2)
Feb 2/10
Apr 17/10
Add definition of Townhouse style
Residential development and adding section
72(2).
72(3)
Jun 10/14
Jul 26/14
Case 16367 - 286/290 Herring Cove Road
72(4)
Sep 19/17
Nov 11/17
Case 19722 - 15 Shoreham Lane, Halifax -
changes to permitted uses within existing
building
72(5)
Oct 2/18
Nov 3/18
Case 20936 - Added - Multi-unit
residential/commercial uses by development
agreement on Lots N1, N2, N3A, Cowie Hill
Road
73
Jun 27/06
Aug 26/06
Open Space Design Development - Development
Agreements
Jun 25/14
Oct 18/14
RP+5 - Repeal/Readopt
Jun 25/14
Oct 18/14
RP+5 - Amend
73(a)
Oct 11/22
Nov 16/22
Case 22257 (Regional Plan - Phase 3) -
Amended
Halifax Mainland Land Use By-law
Page 206
74 (a-d)
Jan 11/11
Mar 12/11
Case #01251 - Added Schedule R
75
Aug 9/22
Sep 15/22
Case RP16-16 (Shared Housing) - Amended
76
Oct 05/21
Jan 08/22
Case 22227 - Amended to Add Accessory Hen
Use
Zoning Map
ZM-1
Jan. 20/09
Mar. 28/09
Amended ZM-1 to rezone designated area to I-3
Jan 12/10
Apr 17/10
Case #01332 - Amended ZM-1to allocate areas to
Halifax Plan area designated Industrial and
rezoned to I-3.
Jan 11/11
Mar 12/11
Case #01251 - Amend to rezone lands along the
western shore of the Bedford Basin to C-2B and
WA.
Mar 15/11
May 28/11
Case #16104/16106 - Rezone PID #00289140
from US to BWCDD.
Aug 9/11
Oct 8/11
Case #01213 - Amend ZM-1, Zoning Map, to
remove subject lands, Drysdale Bog, Goodwood
from the Halifax Plan Area
Feb 4/13-HWCC
Feb 23/1
Case #17002 Amended Map ZM-1 (Halifax
Zoning Map) by rezoning 69 Tremont Drive from
I-2 (Radio Transmitter) Zone to Schedule K and
to
rezone Map ZM-1 (Halifax Zoning Map) is
further amended by rezoning PID 00292722 from
R-1 (Single Family Dwelling) Zone to Schedule
K
Mar 18/13-HWCC Apr 6/13
Case #17973 - Map ZM-1 (Halifax Zoning Map)
is further amended by rezoning 485 Herring Cove
Road from the R-4 (Multiple Unit Dwelling)
Zone to the P (Park and Institutional) Zone on
Schedule A
Sep 23/13-HWCC
Oct 12/13
Case #18229 - Amend by applying the R-1 Zone
on 60 Scotch Pine Terrace, Halifax
Oct 28/13 - HWCC Nov 16/13
Case #18230 - Amend by rezoning the 5 Wren
Street, Halifax, from R-1 (Single Family
Dwelling) Zone to R-2T (Townhouse) Zone
May 6/14 - HWCC May 24/14
Case 18474 - Property east of Washmill Lake
Drive to be removed from Schedule K and
rezoned from I-2 (Radio Transmitter) to R-2P
(General Residential)
May 6/14 - HWCC May 24/14
Case 18655 - 552 Washmill Lake Drive removed
from Schedule K and zoned R-2P (General
Residential)
May 6/14 - HWCC May 24/14
Case 18734 - 8 Hillcrest Street rezoned from R-2
(Two Family Dwelling) to R-2P (General
Residential)
Jun 10/14
Jul 26/14
Case 16367 - 286/290 Herring Cove Road
Jun 25/14
Oct 18/14
RP+5 - Repeal/Readopt
Jun 25/14
Oct 18/14
RP+5 - Amend
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Amended
Apr 18/17-HWCC
May 6/17
Case 20246 - Amend to rezone former
Briarwood Golf Course Lands, Herring Cove
Road, from R-1 to R-2
Jul 25/17-HWCC
Aug 12/17
Case 20100 - Amend to rezone 214, 216, 218
Herring Cove Road, Halifax from R-2P to R-3
Zone.
Jul 25/17-HWCC
Aug 12/17
Case 20156 - Amend to rezone PID 40595977
on Lynn Road and Elizabeth Drive, Halifax from
R-1 to R-2 Zone.
Halifax Mainland Land Use By-law
Page 207
Oct 10/17-HWCC
Oct 28/17
Case 20231 - Amend to rezone 2728 Joseph
Howe Drive, Halifax from R-1 to R-2T Zone.
Feb 20/18-HWCC
Mar10/18
Case 19532 - Amend to rezone Parcel 3,
Mainland Common Washmill Lake Drive,
Halifax from I-2 to Schedule "K"
March 27/18-RC
May 26/18
Case 21209 - Amend Map by rezoning lands at
61 Evergreen Place from UR to I-3
Jul 17/18
Jul 28/18
Case 19514 - Amend Map ZM-1 to rezone
former Motherhouse lands from P and R-1 to
SRCDD Zone
Jul 30/18-HWCC
Aug 25/18
Case 21385- Amend by rezoning PIDs 40414831
and 40019026 and a portion of PIDs 00325985,
00330803, and 00330811 from R-1 to R-2 Zone.
Nov 14/18-HWCC
Dec 1/18
Case 21472 - Amend Map ZM-1 by rezoning
PID 00299768, Edgehill Road, Halifax from R-1
to R-2
Mar 7/19-HWCC
Mar 23/19
Case 20369 - Amend by rezoning 635 to 701 St.
Margarets Bay Road from from the R-2P and
RC-1 Zones to the R-3 Zone.
Feb 12/19-RC
Apr 13/19
Case 21336 - Amend zoning in from R-2P to C-
2C and C-2C to R-2P
Jun 5/19 - HWCC
Jun 22/19
Case 20983 - Amend Map ZM-1 by rezoning
PIDs 00293308, 40433856, 40433849 from R-2
to R-2T Zone
Feb 23/21
May 8/21
Case 22332 - Amend Map ZM-1 by rezoning
lands within the Dunbrack - Willet Corridor (R-4
to R-2T, R-4 to R-1, R-4 to R-4B, R-4 to P)
to R-2T, R-4 to R-1, R-4 to R-4B, R-4 to P)
Dec 14/21
Feb 12/22
Case 20401 - Amended to rezone specific lands
in Bedford West Sub-Area 10 from US to
BWCDD
Apr 12/22
May 16/22
Case 23166 - Amended Map ZM-1 to rezone
the portion of 7 McIntosh Street from P to R-4
Zone.
HWCC-July 19/22
July 19/22
Case 22890 - Amended Map ZM-1 to rezone 48
and 50 Old Sambro Road, Halifax from R-2P to
R-3.
Apr 4/23
May 19/23
Case 22816 & 23245 - Amended to rezone
certain lands in Fairview from R-2AM and R-2P
to C-2C
Dec 5/23 (HWCC)
Dec 21/23
Case 2023-00465 - Amended to rezone 4
Cherry Lane from R-2P to R-3 Zone.
Jan 16/24 (HWCC) Jan 31/24
Case 2023-00651 - Amended to rezone 2 Marie
Avenue, Halifax from R-1, R-2 and H Zones to P
Zone
May 23/24
Jun 13/24
MINORREV 2023-01065 (Housing
Accelerator Fund) - Amended by removing
certain lands
ZM-2
Jan 11/11
Mar 12/11
Case #01251 - Amend to include Schedule R
lands.
Jun 10/14
Jul 26/14
Case 16367 - 286/290 Herring Cove Road
Mar 27/18-RC
May 26/18
Case 21209 - Remove land shown on Schedule
C from Map ZM-2 Schedules and Secondary
Planning Areas.
ZM-22
Aug 9/11
Oct 8/11
Case #01213 - Amend ZM-22, Areas of Elevated
Archaeological Potential, to remove subject
lands, Drysdale Bog, Goodwood from the
Halifax Plan Area.
Jun 25/14
Oct 18/14
RP+5 - Repeal/Readopt
Jun 25/14
Oct 18/14
RP+5 - Amend
Halifax Mainland Land Use By-law
Page 208
ZM-23
Aug 9/11
Oct 8/11
Case #01213 - Amend ZM-23, Wetlands, to
remove subject lands, Drysdale Bog, Goodwood
from the Halifax Plan Area.
Jun 25/14
Oct 18/14
RP+5 - Repeal/Readopt
Jun 25/14
Oct 18/14
RP+5 - Amend
ZM-25
Aug 16/11
Oct 29/11
Case #00953 - Add ZM-25 - Wind Energy
Zoning Map.
Jun 25/14
Oct 18/14
RP+5 - Repeal/Readopt
Jun 25/14
Oct 18/14
RP+5 - Amend
ZM-26
Jun 10/14
Jul 26/14
Case 16367 - 286/290 Herring Cove Road
ZM-27
Aug 2/16
Sep 3/16
Case 18120 - Add ZM-27 - 348 Purcells Cove
Road
ZM-28
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Added
Feb 12/19
Apr 13/19
Case 21336-Amending map to include and
exclude areas from area D
Apr 4/23
May 19/23
Case 22816 & 23245 - Replaced
May 23/24
Jun 13/24
MINORREV 2023-01065 (Housing
Accelerator Fund) - Replaced to expand Area
D
ZM-29
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Added
Apr 4/23
May 19/23
Case 22816 & 23245 - Replaced
May 23/24
Jun 13/24
MINORREV 2023-01065 (Housing
Accelerator Fund) - Replaced by expanding the
shaded area onto certain properties
ZM-30
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Added
Feb 12/19
Apr 13/19
Case 21336-Amending map to include and
exclude areas from maximum front yard setbacks
May 23/24
Jun 13/24
MINORREV 2023-01065 (Housing
Accelerator Fund) - Replaced by expanding the
shaded area onto certain properties
ZM-31
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Added
Feb 12/19
Apr 13/19
Case 21336-Amending map to change Street
Wall Height requirements
Apr 4/23
May 19/23
Case 22816 & 23245 - Replaced
May 23/24
Jun 13/24
MINORREV 2023-01065 (Housing
Accelerator Fund) - Replaced by designating a
streetwall height of 11 metres onto certain
properties
ZM-32
Oct 4/16
Nov 26/16
Case Plan Dutch Village Road - Added
Feb 12/19
Apr 13/19
Case 21336-Amending map to change height
areas
Apr 4/23
May 19/23
Case 22816 & 23245 - Replaced
May 23/24
Jun 13/24
MINORREV 2023-01065 (Housing
Accelerator Fund) - Replaced by designating a
maximum building height of 20 metres onto
certain properties
ZM-33
Sep 29-30/20
Dec 05/20
Case 22050 (Parkmoor & Charlton Avenues &
Hayes Street - Added - Parkmoor Ridge
Subdivision
ZM-34
Feb 23/21
May 8/21
Case 22332 - Added ZM-34 - Maximum Height
in the Dunbrack Multi Unit Zone
Halifax Mainland Land Use By-law
Page 209
ZM-35
Dec 14/21
Feb 12/22
Case 20401 - Added 62AD(1) (2) & (3) to the
BWCDD Zone West Bedford Comprehensive
ZM-36
Mar 27/23
Apr 12/23
Case 24020 - Added ZM-35: Kearney Lake
Area - Amending Section 14A(g) and 61A(5)
ZM-37
March 21/23
April 19/23
Case 24063 - Added Appendix A Interim Bonus
Zoning Requirements for Applicable Plan
Amendment Applications; Schedule A Lands
Subject to Interim Bonus Zoning Requirements
Schedule A
Interim Bonus
Zoning Req
Mar 21/23
Apr 19/23
Added
Schedule A
Table 1
Mar 21/23
Apr 19/23
Added
Apr 4/23
May 19/23
Case 22816 & 23245 - Amended to include
Westerwald St study area and Main Ave and
Titus St.
Jan 9/24
Feb 12/24
Case 2023-01544 - Amended
Added
Deleted
Feb 20/24
Mar 6/24
Case 2023-01049 - Added Section 1
(ea);Section 5A; Subsection 10
Amended Section 5
Deleted/Repealed - Section 5(b); Subsection
10(a)(b)
May 23/24
Jun 13/24
MINORREV 2023-01065 (Housing
Accelerator Fund) - Amended to add Main
Avenue, Halifax
Schedule K
May 23/24
Jun 13/24
MINORREV 2023-01065 (Housing
Accelerator Fund) - Repealed