Town of Amherst

Land Use Bylaw

Bylaw P-2

As approved by Amherst Town Council at First Reading July 14, 2005

As approved by Provincial Director of Planning August 11, 2005

Office Consolidation including all Amendments to March 18, 2020

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TABLE OF CONTENTS
1.0 DEFINITIONS 3

2.0 ZONING AND INTERPRETATION 14

3.0 ADMINISTRATION 16

4.0 GENERAL PROVISIONS FOR ALL ZONES 18

5.0 VEHICLE CONTROLS 24

6.0 SIGNAGE 28

7.0 RESIDENTIAL ZONES 33

7.1 GENERAL PROVISIONS 33
7.2 GENERAL RESIDENTIAL ZONE 36
7.3 LOW DENSITY RESIDENITAL ZONE 38
7.4 MINI HOME PARK ZONE 39

8.0 COMMERCIAL ZONES 40

8.1 GENERAL PROVISIONS 40
8.2 HIGHWAY COMMERCIAL ZONE 41
8.3 DOWNTOWN ZONE 43
8.4 LIMITED COMMERCIAL ZONE 47
8.5 NEIGHBORHOOD COMMERCIAL 48

9.0 INDUSTRIAL ZONES 49

10.0 SPECIAL USE ZONES 51

10.1 INSTITUTIONAL ZONE 51
10.2 ENHEAT SITE COMPREHENSIVE DISTRICT ZONE 53
10.3 OPEN SPACE ZONE 54
10.4 FLOOD PLAIN ZONE 55

SCHEDULE A - ZONING MAP 56

SCHEDULE B - LIST OF FEES 57

APPENDIX A – LIST OF AMENDMENTS 58

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 1.0 Definitions
For the purpose of this Bylaw the definitions and interpretations given in this section shall govern. Words
used in the present tense include future; words in the singular include the plural; words in the plural
include the singular; the word "used" includes "arranged, designed or intended to be used"; the word
"shall" is mandatory and not directory.

1) Accessory Building means a separate building or structure located on the same lot as the main
building or principal use, and of a nature customarily and clearly secondary and incidental to the main
building or principal use.

2) Accessory Use means the use or uses which take place on the same lot as the main use, and of a
nature customarily and clearly secondary and incidental to the main use.

3) Adjacent for the purposes of this Bylaw, means the building, or property that shares a common
boundary on the same side of the street.

4) Adult Entertainment Use means any establishment that offers services, or entertainment to the
public intended to deliver sexual stimulation or gratification, or is reasonably intended to appeal
primarily to erotic appetites. It includes, but is not limited to, entertainment characterized by the
display of the nude or semi-nude human body in a manner or context apparently designed to exploit
the sexual aspects of the human body and its constituent anatomy. Such entertainment is commonly
promoted using adjectives or terms such as "nude", "topless", "adult", "sexy", "exotic", and so on.

5) Alter means to change the structural component of a building or to increase the volume of a building
or structure.

6) Agricultural Use means an operation involving the keeping of agricultural animals.

7) Agricultural Animal means an animal kept for the purpose of breeding, milking, egg or meat
production, assistance in performing farm chores or recreation and shall include horses, cattle, swine,
poultry, sheep, goats, mink, foxes, chinchillas, bees, but shall not include cats, dogs, parakeets,
canaries, hamsters, tropical fish, and similar household pets. A rabbit is an agricultural animal if
located on a lot on which in excess of ten rabbits are kept; if ten or fewer are involved, the rabbits
shall be deemed to be house- hold pets.

8) Animal Hospital means an establishment providing surgical or medical treatment or examination of

domestic pets entirely within a building.

9) Automobile see Motor Vehicle

10) Bed and Breakfast means a dwelling where the proprietor supplies rooms, up to a maximum of six,
which are rented or hired out to accommodate the travelling public for sleeping purposes and where a
general kitchen and dining room are provided within the building or in an accessory building for the
purpose of serving meals only to overnight guests.

11) Berm means an area of land which has been raised to screen a use or activity from abutting uses or
activities.

12) Block means the smallest area of land, the boundaries of which consist entirely of public streets,
rivers, railroads, public parks or any combination thereof.

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13) Boarding House or Rooming House means a dwelling in which the proprietor supplies more than
two but not more than six rooms or rooms and board to persons exclusive of the owner or members of
his family and which is not open to the general public but does not include a group care facility.

14) Building means any structure, whether temporary or permanent, used or built for the shelter,
accommodation or enclosure of persons, animals, material or chattels, and includes any awning, bin,
bunker or platform, vessel or vehicle used for any of the said purposes.

15) Building Area means the maximum horizontal area of a building at grade measured to the centre of
party walls or to the outside of exterior main walls including air walls and all other spaces within the
building, but excluding porches, steps, chimney breasts, carports or open platforms.

16) Building Line means any line regulating the position of a building or structure on a lot.

17) Carport means a building or structure which is without walls on at least two sides and is used for the
parking or storage of a motor vehicle and for the purposes of this Bylaw a carport with an enclosed
second storey shall be considered a garage.

17(a) 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.

17(b) 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.

17(c) 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.

18) Commercial Motor Vehicle means a truck tractor; tow truck or wrecker; agricultural, construction or
industrial equipment; any vehicle designed, intended, or used for transporting more than 9 people; any
vehicle used to transport persons and / or merchandise for profit; or any motor vehicle with a TARE
weight in excess of 3,650 kg.

19) Commercial Recreation Centre means a building or lot or part of a building or lot used solely for
commercial recreation or entertainment purposes and without limiting the generality of the foregoing,
may include such establishments as dance halls, billiard or pool halls, bowling alleys, miniature golf
courses, bingo halls, roller skating rinks and discos, and arcades for pinball and other game machines
and amusements, including accessory food service.

20) Commercial School means a school of seven or more pupils conducted for gain, and includes a
secretarial school, language school, driving school, etc.

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21) Commercial Use means the use of land, building or structure for the purpose of buying and selling
commodities and / or supplying of services as distinguished from uses such as manufacturing or
assembling of goods, warehousing, transport terminals, construction and other similar uses.

22) Common Wall means a vertical separation completely dividing a portion of a structure from the
remainder of a structure and creating, in effect, a building which, from its roof to its lowest level, is
separate and complete unto itself for the purpose for which it is designed, intended, or used.

23) Community Centre means a property or building used for non-profit community activities operated by
a public authority, church, or fraternal organization, but shall not include a commercial recreational
centre.

24) Core Area District means an overlay zone to the existing Downtown Zone that includes requirements
for development that must be met in addition to Downtown Zone requirements.

25) Corner Lot Sight (Day Lighting) Triangle means that area of a corner lot which is enclosed by a
triangle, the apex of which is the intersection of the flanking lot line and the front lot line, two sides of
which triangle are 6 m in length measured from said point of intersection along the said lines and the
base of which triangle is formed by a straight line joining the said exterior lot lines at the said points 6
m from the intersection. (see figure 1)

26) Council means the Council of the Town of Amherst.

27) Day Care Centre means:

a. Non-residential Day Care Centre

means a place where 9 or more
children are cared for without overnight
accommodation, but does not include a
school.

b. Residential Day Care Centre means

that portion of a residential dwelling
which is used to accommodate more
than three but fewer than nine children
who are looked after during the daytime
hours and who are not provided with
overnight accommodation.

28) Development includes any erection,

construction, addition, alteration, replacement or
relocation of to any building or structure and any
change or alteration in the use made of land,
building or structures.

29) Development Officer means the officer

appointed by the Town of Amherst or his
designate and charged with the responsibility of
administering the provisions of the Municipal Government Act and of this Land Use Bylaw in
accordance with the Municipal Government Act.

30) Dwelling means a building or a portion thereof, occupied or capable of being occupied as a home or
residence by one or more persons, containing one or more dwelling units, and shall not include
hotels.

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31) Dwelling Unit Types:

a) Apartment Building means a building or part thereof, consisting of three or more dwelling
units, excluding townhouses.

b) Converted Dwelling means a building originally built and designed as a single detached
dwelling unit which contains two to four dwelling units; or a building originally built as a
double dwelling renovated to contain three or four dwelling units.

b) Double means a dwelling containing two dwelling units, other than converted dwellings, and
shall include duplexes and semi-detached dwellings

c) Duplex means a building divided horizontally into two dwelling units.

d) Dwelling Unit means one or more habitable rooms designed or intended for use by one or
more individuals as an independent and separate housekeeping establishment in which
separate kitchen, sanitary facilities and sleeping room are provided for the exclusive use of
such individuals.

e) Garden Suite means an accessory building to be used as a single detached dwelling unit.
f) Grouped buildings means buildings designed as part of a group of dwellings on the same
lot, held and maintained under single ownership, or otherwise provided under the
Condominium Act, R.S.N.S. 1989.

g) Group Home Facility means a community based group living arrangement, in a single
housekeeping unit, for up to a maximum of seven individuals, exclusive of staff and/or
receiving family, with social, emotional, legal, mental and/or physical handicaps or problems,
that is developed for the well being of its residents through self-help, professional care,
guidance and supervision unavailable in the resident’s own family, an institution or in an
independent living situation. A group care facility is licensed, funded or approved by the
Province of Nova Scotia.

h) Mobile/Mini Homes shall mean dwelling unit with a length to width ratio greater than 3:1,
and certified by Canadian Standards Association prior to placement on the site as complying
with the CAN/CSA-Z240 Series “Mobile Homes” at the time of manufacture.

i) Modular Home shall mean a finished section or sections of a complete dwelling unit built in a
factory for transport to the site for installation certified by Canadian Standards Association
prior to placement on the site as complying with the CSA Standard A277-M-1990
“Procedures for Certification of Factory Built Houses”.

j) Townhouse means a building that is divided vertically into three or more dwelling units, each
of which has an independent ground floor entrance(s).

k) Semi-Detached means a building that is divided vertically into two dwelling units, each of
which has its own entrance.

l) Senior Citizen Seniors Housing and Housing for the Physically Challenged means
housing specially designed to facilitate persons who are physically challenged or
incapacitated by age or some other means.

m) Single Detached means a completely detached dwelling unit.

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32) Erect means to build, construct, reconstruct,
alter or relocate and without limiting the
generality of the foregoing shall be taken to
include any preliminary physical operation
such as excavating, grading, piling, cribbing,
filling or draining, structurally altering any
existing building or structure by an addition,
deletion, enlargement or extension

33) Established Building Line means a line

parallel to the street established by the
average distance of main buildings on the
same side of a street.

34) Established Grade means with reference to a building,

the average elevation of the finished surface of the
ground where it meets the exterior main walls of such
building; or with reference to a structure means the
average elevation of the finished grade of the ground
immediately surrounding such structures exclusive in
both cases of any artificial embankment or entrenchment
and when used with reference to a street, road or
highway means the elevation of the street, road or highway
established by the Town or other designated authority. (see figure 3)

35) Existing means legally existing on the effective date of this Bylaw. If a building permit has been
issued for a structure before the effective date of this Land Use Bylaw, the structure shall be deemed
an existing use if construction begins within a one (1) year period immediately following issuance of
the permit. A lot shall be deemed an existing lot if it was created prior to the effective date of this
Bylaw or if it was shown on a plan of subdivision tentatively approved by the Town prior to the
effective date of this Bylaw. Proof that the lot was created or was tentatively approved prior to the
effective date of this Bylaw is required.

36) Façade means the exterior parts of a building that face a street or public open space that represents
the building, tells people about the building, what it is, how to enter and the nature of the interior
uses.

37) Fence means any barrier of posts, wood, metal, wire, brick or other similar materials or combinations
of such materials, which is constructed for the purpose of delineating, screening, safeguarding or
enclosing.

38) Flag Lot means a lot characterized by the location of the main body of the lot generally at the rear of
another lot, or otherwise separated from the street or roadway which provides access, and by a
narrower area extending from the main body of the lot to the said street or roadway.

39) Floor Area:

a) With Reference to a Dwelling means the maximum area contained within the outside walls
excluding any garage, porch, veranda, sunroom, unfinished attic or basement or other room
not habitable at all seasons of the year.

b) With Reference to a Dwelling Unit where more than one unit is contained within a building
means the maximum floor area contained within the finished wall surfaces of an individual
dwelling unit.
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 c) Commercial Floor Area means the total usable floor area within a building used for
commercial purposes but excludes furnace and utility rooms, and common malls between
stores.

d) Gross Floor Area means the aggregate of the floor area of a building above or below grade,
measured between the exterior faces of the exterior walls of the building at each floor level
but excluding car parking areas within the building; and for the purpose of this clause, the
walls of an inner court shall be deemed to be the exterior walls.

e) Floor Area, Net means the total useable floor area within a building exclusive of washrooms,
furnace and utility rooms and common halls or malls between individual establishments.

40) Frontage see "lot frontage".

41) Garage means a building or structure which is enclosed on three or more sides and is used for the
parking or storage of a motor vehicle.

42) Grade Level means grade prior to any development.

43) Gross Building Area means the floor area of a main building including the floor area of rooms
reasonably convertible, in the opinion of the building inspector, to the main purpose.

44) Habitable Room means a living room, bedroom, kitchen with or without space for eating, or a dining
room.

45) Height, Building means the highest point of the roof of a building excluding church spires, water
tanks, elevator enclosures, flagpoles, ventilators, skylights, chimneys, clock towers, communication
towers or statues/works of art on public property.

46) Home for Special Care means a building wherein nursing care or room and boards are provided to
individuals incapacitated in some manner for medical reasons but does not include a hospital.

47) Home Occupation means a business activity accessory to the residence and carried on by the
occupant of the residence, and without limiting the generality of the foregoing shall include
professional uses such as doctors, lawyers and insurance offices; clothes making and tailoring;
catering; hairdressing and barbershops; instruction and private tutoring; sculpturing; contractors'
storage and parking; storage of inventory for off-site retail sales; but home occupations do not mean
autobody or mechanical motor vehicle repairs, retail stores, canteens or taxi stations.

48) Hotel / Motel means a building, or buildings, or part thereof on the same lot used to accommodate
the traveling public for gain or profit by supplying them with overnight sleeping accommodation with or
without meals and including customary ancillary services and amenities but without private cooking
facilities.

49) Industrial Use means any manufacturing, assembly, or warehousing operation.

50) Kennel means a building, structure or lot where animals are kept or boarded commercially.

51) Landscaping means any combination of trees, shrubs, flowers, grass or other horticultural elements,
decorative stonework, gravelling, paving, screening or other architectural elements, all of which are
designed to enhance the visual amenity of a lot or to provide a screen.

52) Light Manufacturing means a use engaged in the manufacturing, predominantly from previously
prepared/processed materials, of finished products or parts and entirely conducted within an enclosed
building. Accessory uses include processing, fabrication, assembly, treatment, packaging, incidental
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 storage, and distribution of such products, but excluding raw industrial processing/manufacturing and
Obnoxious Uses as defined in this Bylaw.

53) Loading Space means an off-street space or berth on the same lot with a building or contiguous to a
group of buildings, for the temporary parking of a commercial vehicle while loading or unloading
merchandise or materials and which is connected to a public street by an appropriate access.

54) Lot means any parcel of land described in a deed or as shown on a registered plan of subdivision.

a) Corner Lot means a lot situated at the intersection of and abutting upon two or more streets.

b) Lot Area means the total horizontal surface within the lot lines of a lot, excluding the
horizontal area of such lot covered by water, or marsh, or beyond the rim of a river bank or
watercourse, or between the top and toe of a cliff or embankment of 22 degrees or more from
horizontal, provided that only the lot area lying within the zone in which a proposed use is
permitted may be used in calculating the minimum lot area under the provisions of this Bylaw
for such permitted use.

c) Lot Coverage means that percentage of the lot area covered by all buildings above ground
level, and shall not include that portion of such lot area which is occupied by a building or
portion thereof which is completely below ground level, and for the purpose of this definition
the maximum lot coverage in each zone shall be deemed to apply only to that portion of such
lot which is located within said zone.

d) Lot Depth means the horizontal distance between the front and rear lot lines. Where these lot
lines are not parallel, the lot depth shall be the length of a line joining the mid-points of the
front and rear lot lines.

e) Lot Frontage means the length of a line joining the side lot lines and parallel to the front lot
line. Calculation of Lot Frontage for irregularly shaped lots shall be the horizontal distance
between the side lot lines as measured at a point, where a line drawn perpendicular to a line
joining the midpoint of the rear lot line and the midpoint of the front lot line at a point equal to
the required front yard. In determining yard measurements the minimum horizontal distance
from the respective lot lines shall be used. Calculation of lot frontage for corner lots shall be
the horizontal distance between the side lot line and the flanking lot line. This definition shall
not apply in the case of flag lots.

f) Through Lot means a lot bounded on two opposing sides by streets or highways provided
however, that if any lot qualifies as being both a corner lot and a through lot as hereinbefore
defined, such lot shall be deemed to be a corner lot for the purpose of this Bylaw.

55) Lot Line means any boundary of a lot.

a) Front Lot Line means the line dividing the lot from the street; in the case of a corner lot, the
shorter boundary line abutting the street shall be deemed the front lot line and the longer
boundary line abutting the street shall be deemed the side lot line. In the case of a through
lot, any boundary dividing the lot from a street may be the front lot line.

b) Flanking Lot Line means a side lot line which abuts the street on a corner lot.

c) Rear Lot Line means the lot line furthest from opposite the front lot line.

d) Side Lot Line means a lot line other than a front or rear lot line.

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56) Main Building means the building in which the principal use of the property is undertaken.

57) Medical Clinic means a building or structure where 7 or more members of the medical profession,
dentists, chiropractors, osteopaths, and physicians or occupational therapists provide diagnosis and
treatment to the general public without overnight accommodation and shall include such uses as
reception areas, offices, coffee shop, consultation rooms, x-ray and minor operating rooms and a
dispensary.
58) Medical Practitioner means a doctor, dentist, chiropractor, osteopath, optometrist, oculist, but does
not include a veterinarian.

59) Motor Vehicle Fueling Station means an establishment where the principal business carried on is
the retail sale of vehicle fuels, and lubricants.

60) Motor Vehicle Sales, Rental and Repair means an establishment excluding a private home or
garage, where new and / or used vehicles, lubricants, tires, parts and accessories for motor vehicles
are kept for sale, and where replacement and/or repairs to any component of a motor vehicle may be
performed including autobody and/or painting uses. Motor vehicles shall include boats and other
recreational vehicles. Salvage and scrap yards, and motor vehicle fuelling stations are separate uses.

61) Mini Home Park means a mini home development, not having a registered subdivision plan of lots,
under single ownership and managed by a mini home park operator. (Spaces alone or spaces
carrying individual mini homes may be rented).

62) Municipal Government Act means the provincial legislation which enables municipalities to plan and
run their corporate affairs.

63) Net Retail Area means the gross space leased or leaseable to tenants, exclusive of malls, public
washrooms and other common areas.

64) Obnoxious Use shall mean a use which creates by its nature or operation a nuisance or is offensive
by the creation of noise or vibration, or by reason of the emission of gas, fumes, dust, oil or
objectionable odour, or by reason of the unsightly storage of goods, wares, merchandise, salvage,
refuse matter, waste or other material.

65) Office means a room designed, furnished or used for the purpose of regularly transacting business, a
service performed or consultation given but shall not include a manufacturing of any product or the
retail selling of goods.

66) Open Space means the area situated within the boundaries of a residential development site intended
for recreational purposes, and may include landscaped areas, patios, private amenity areas,
balconies, communal lounges, swimming pools, play areas and similar uses, but does not include any
area occupied at grade by a building’s service area, parking lots, aisles or access driveways.

67) Outdoor Furnace means a furnace which is located adjacent to a structure, and is intended to
provide heat to that structure, via combustion and the heating of water, or otherwise.

68) Outdoor Patio means an outdoor area adjoining a restaurant, and consisting of outdoor tables,
chairs, plantings, and related decoration and fixtures, and where meals or refreshments are served to
the public for consumption on the premises.

69) Outdoor Retail Display means the display of retail goods or materials intended for the immediate
sale to the general public which are not enclosed within a structure.

70) Outdoor Storage means the storage of goods or materials not intended for immediate sale to the
general public which are not enclosed within a structure.
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71) Parking Area or Parking Lot means an open area, other than street, used for the temporary parking
of more than two vehicles and available for public use, whether free, for compensation or as an
accommodation for clients, customers or residents and which has access to a public street.

72) Parking Space means an area of not less than 3 m by 6 m, exclusive of driveways or aisles, for the
temporary parking or storage of motor vehicles, and which has adequate access to permit ingress and
egress of a motor vehicle to and from a street or highway by means of driveways, aisles or
maneuvering areas.

73) Personal Service Shop means a building or part of a building which persons are employed in
furnishing services or otherwise administering to the individual and personal needs of persons and
may include such establishments as barber shops, beauty parlours, hairdressing shops, shoe repair,
and depots for collecting dry-cleaning and laundry, but excludes any manufacturing or fabrication of
goods for sale.

74) Public Building is a building owned or used by a Federal, Provincial or Municipal Government.

75) Recreational Use means the use of land for parks, playgrounds, tennis courts, lawn bowling greens,
indoor and outdoor ice skating rinks, athletic fields, swimming pools, golf courses, and similar uses to
the foregoing, together with necessary and accessory buildings and structures, but not including
commercial recreation centres or a track for the racing of animals, or any form of motorized vehicles.

76) Recreation, Commercial see Commercial Recreation Centre.

77) Recycling Collection and Storage Facility means a building in which used material is separated
and processed prior to shipment but does not include salvage and scrap yards.

78) Religious Institution means a building or buildings dedicated to religious worship, and includes
churches, church halls, auditoria, schools, and Parish Halls.

79) Residential Care Facility means a community-based group living arrangement, in a single
housekeeping unit, for eight (8) or more individuals, exclusive of staff and/or receiving family, with
social, legal, emotional, mental and/or physical handicaps or problems, that is developed for the well
being of its residents through self-help, professional care, guidance and supervision unavailable in the
resident’s own family, an institution or in an independent living situation. A Residential Care Facility is
licensed, funded or approved by the Province of Nova Scotia.

80) Restaurant means a building or part thereof where food and drink is served to the public for
consumption within the building.

81) Retail means the offering and sale, rent or lease of goods, wares, merchandise, substances, articles,
or things whether manufactured by the retailer or purchased at wholesale, to the general public as
final consumer for personal or household consumption and not for resale.

82) Retail Store means a building or part thereof in which goods, wares, merchandise, substances, or
articles are offered or kept for sale directly to the public at retail.

83) Salvage and Storage Facility means a premises used for keeping or storing used bodies or parts of
motor vehicles or any other type of used equipment, vehicles, machinery, or materials of any kind.

84) School means an educational establishment.

a) Public School means an authorized school under the jurisdiction of a Public School Board,
a High School Board, a Board of Education or Provincial Government.
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 b) Commercial School means a school where instruction is given for the purpose of
remuneration and shall include dancing schools, music schools, golf schools, trade schools,
nursery schools, and any other school conducted for remuneration.

85) Setback means the horizontal distance between any lot line and the nearest wall of any building or
structure and extending the full width or length of the lot

86) Sidewalk Patio means an area of the public sidewalk immediately adjacent to an eating or drinking
establishment and used by that establishment for outdoor seating and the serving of food and / or
drinks.
87) Sign means a structure, device, light or natural object including the ground itself, or any part thereof,
or any device attached thereto, or painted or represented thereon, which shall be used to identify,
advertise, or attract attention to any object, product, place, activity, person, institution, organization,
industry or business, or which shall display or include any letter, word, model, number, banner, flag,
pennant, insignia, device or representation used as an announcement, direction or advertisement,
and which is intended to be seen from off the premises or from a parking lot.

a) Banner means a sign made of fabric or other non-rigid material with no enclosing framework.

b) Facial Wall Sign means a sign which the back main surface is attached directly to, or is
painted upon, a building wall.

c) Ground Sign means a freestanding sign supported by a supporting structure that is

permanently affixed to a foundation

d) Illuminated Sign means a sign that provides artificial light directly, or through any
transparent or translucent material, from a source of light connected with such sign, or a sign
illuminated by a light focused upon or chiefly directed at the surface of the sign.

f) Portable Sign: A sign which is self-supporting but not permanently attached to the ground or
building and can be moved from one location to another.

h) Projecting Wall Sign means a sign which; projects from, and is supported by; a wall of a
building.

i) Roof Sign means a sign fixed, placed upon or supported by the roof or non-vertical wall of a
building.

k) Sandwich Board Sign means a sign consisting of two surfaces attached to each other at the
top and designed so as to stand temporarily without foundation or other support on a lot or
sidewalk without electrical or other service connection.

l) Temporary Sign means a sign which may be erected for a specified period of time and may
include portable signs, banners, portable reader boards, and the like.

88) Street or Road means the whole and entire right-of-way of every highway, road or road allowance,
vested in the Province of Nova Scotia or the Town of Amherst and includes sidewalks. Street Line
means the boundary of a street or road. (See also Lot Line)

89) Structure means anything that is erected, built, or constructed of parts joined together or any such
erection fixed to or supported by the soil or by any other structure.

90) Swimming Pool means an artificial body of water above the surface or in ground, constructed of
cement, plastic, fibreglass or similar material, having a maximum depth greater than 0.5 m and
intended primarily for bathing, swimming and diving, but shall not include natural, dug or dammed
ponds or watercourses primarily intended for aesthetic or agricultural purposes. 12
91) TARE weight means the weight of an empty motor vehicle including all attached and contained
equipment.

92) Telecommunication towers, antennas, buildings and equipment means any facility, apparatus or
other thing that is used or is capable of being used for telecommunications or for any operation
directly connected with telecommunications, and includes a transmission facility. Amateur radio, such
as shortwave radio, as well as typical television or radio reception equipment, including satellite
dishes, which are used for residential or small commercial (e.g., motel or lounge) purposes, are
excluded

93) Tower means any structure that is designed and constructed primarily for the purpose of supporting
one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The
term encompasses personal wireless service facilities including radio and television transmission
towers, microwave towers, common-carrier towers, cellular telephone towers or personal
communications services towers, alternative tower structures and the like
94) Town means the Town of Amherst.

95) Warehouse means a building where wares or goods are stored but does not include a retail store.

96) Yard means an open space on a lot unoccupied by main buildings except as specifically permitted
elsewhere in this Bylaw. In determining yard measurements the minimum horizontal distance from
the respective lot lines shall be used.

a) Front Yard means a yard that extends across the full width of a lot between the front lot line
and the nearest main wall of the main building on such lot; and “minimum” front yard means
the minimum depth of a front yard on a lot between the front lot line and the nearest main
wall of any building or structure on a lot.

b) Flanking Yard means a side yard which abuts a street on a corner lot.

c) Minimum Yard means the smallest yard permitted by this Bylaw.

d) Rear Yard means a yard extending across the full width of a lot between the rear lot line and
the nearest wall of any main building or structure on the lot; and "minimum" rear yard means
the minimum depth of a rear yard on a lot between the rear lot line and the nearest main wall
of any main building or structure on the lot.

e) Required Yard means the area between a front, side, rear, or flanking lot line and a line
parallel to the respective lot line set back a distance equal to the applicable yard setback.

f) Side Yard means a yard extending from the front yard to the rear yard of a lot between a side
lot line and the nearest wall of any building or structure on the lot; and "minimum" side yard
means the minimum width of a side yard on a lot between a side lot line and the nearest main
wall of any main building or structure on the lot.

97) Zone means a delineated area of land shown on the schedules of this Bylaw and established and
designated for a specific use.

13
2.0 Zoning and Interpretation

2.1 General
For the purposes of this Bylaw the Town is divided into the following zones, the boundaries of which are
shown on the attached Schedule ‘A’.

Zone
Residential Zones

General Residential Zone

Low Density Residential Zone
Mini Home Zone

Commercial Zones

Highway Commercial Zone

Downtown Zone
Core Area District
Limited Commercial Zone
Neighbourhood Commercial

Industrial Zones

Industrial Zone

Special Use Zones

Comprehensive Development District

Institutional Zone
Parks and Open Space Zone
Flood Plain Zone

2.2 Schedules
(a) Schedule ‘A’ is the Zoning Map and forms part of this Bylaw.

(b) All schedules and figures attached to this Bylaw form an official part of the Bylaw, unless otherwise
indicated.

(c) Any appendices that may be attached to this Bylaw are for information purposes only and are not
an official part of the Bylaw.

2.3 All land to be Zoned

All lands within the Town shall be zoned.

2.4 Amendment to the Zoning Map

The Zoning Map may be amended from time to time in accordance with applicable policies of the
Municipal Planning Strategy.

14
2.5 Zoning Boundaries
Zoning boundaries shall be determined as follows:

a) where a zone boundary is indicated as following a street or highway the boundary shall be the
centre line of such street or highway;

b) where a zone boundary is indicated as approximately following lot lines, the boundary shall follow
such lot lines;

c) where a railroad or railway right-of-way, electrical transmission right-of-way, or a watercourse

serves as a boundary between two or more different zones, the centre line of such right-of-way or
of such watercourse shall be the boundary;

d) where there is no landmark that indicates the precise location of a boundary, the boundary shall be
scaled from the Zoning Map;

e) where a zone boundary is indicated as following the town boundary, the town limit shall be the
boundary.

2.6 Permitted Uses

(a) In this Bylaw any use not listed as a permitted use in a zone is prohibited in that zone unless
otherwise indicated.

(b) Where a permitted use within a zone is defined in this Bylaw the uses permitted in the zone include
any similar uses that satisfy such definition except where a definition specifically excludes any
similar use.

2.7 Measurement
(a) All official measurements are in metric. Where imperial measurements are provided they are for
information purposes only.

15
3.0 Administration
3.1 Town Planning Advisory Committee
(a) Town Planning Advisory Committee is appointed by Town Council in conformity with Section 200 of
the Municipal Government Act and shall be herein referred to as the Committee.

(b) Duties of the Committee include:

(i) assist Council in the periodic review of the official plans and Land Use Bylaw in conformity
with the Municipal Government Act
(ii) advise the Council as to the intent of the Municipal Planning Strategy; and,
(iii) where appropriate, hold public participation opportunities, and advise Council regarding
planning and zoning matters.

(c) The specific function of the Committee is outlined in Policy A-3 of the Municipal Planning Strategy.

3.2 Development Officer

The Development Officer, or designate(s), shall be appointed by Council to administer this Bylaw.

3.3 Development Permit Required

(a) Unless otherwise stated in this Bylaw, no development shall be undertaken in the Town of Amherst
unless a development permit has been granted by the Development Officer.

(b) The Development Officer shall only issue a development permit in conformance with this Bylaw, or
an approved development agreement, except where a variance is granted or in the case of a
nonconforming use or structure, in which case a permit shall be granted in conformance with the
Municipal Government Act.

(c) Any development permit shall expire twelve (12) months from the date issued if the development
has not commenced.

(d) A development permit may be renewed for an additional twelve (12) month period provided:
(i) the development permit has not been renewed previously; and
(ii) the Development Officer is satisfied that the development permit is consistent with the
existing Land Use Bylaw and any proposed amendments.

(e) In a Core Area District, a development permit shall be required for all new development and
exterior renovations that alter the architectural features of a building. The issuance of the permit
shall be contingent on the development satisfying the Downtown Zone requirements and District
requirements, which shall take precedence over any conflicting requirements of this Bylaw. In the
case of renovations, the Core Area District requirements shall apply to the architectural features
being altered.

3.4 No Development Permit Required

Except those properties within a Core Area District or unless otherwise specified, no development permit
shall be required for:
(i) a development that involves the interior or exterior renovation of a building
that will not change the shape of the building or increase its volume, will not
add more dwelling units, or will not involve a change in the use of the
building;
(ii) a fence or wall that does not exceed 2.1 m. in height;
2
(iii) a sign less than 0.2 m in area where signs are permitted (see Section 6);
2
(iv) an accessory building less than 4 m in area;
(v) public and private utilities located within a street right-of-way;

16
3.5 Information Required for Development Permit Applications
(a) Every application for a development permit shall be on an approved form and where necessary,
shall be accompanied by a sketch or plan drawn to an appropriate scale and showing the following
such as the Development Officer may require:
(i) the true shape and dimensions of the lot to be used, and upon which it is proposed to erect
any building or structure;
(ii) the proposed location, height, and dimensions of the building, structure, or work in respect of
which the permit is applied for;
(iii) the proposed location and dimensions of parking spaces, loading spaces, driveways;
(iv) the location of every building or structure already erected on or partly on such lot, and the
approximate location of every building on adjacent lots; and,
(v) any other information the Development Officer deems necessary to determine whether or not
the proposed development conforms to the requirements of this Bylaw.

(b) The application shall be signed by the owner of the lot or by the owner's duly authorized agent and
shall set forth in detail the present and proposed use of the lot and each building or structure, or
part of each building or structure, together with all information necessary to determine whether or
not every such proposed use of land, building or structure conforms with the requirements of this
Bylaw.

(c) Where the Development Officer is unable to determine whether the proposed development
conforms to this Bylaw and other Bylaws and regulations in force which affect the proposed
development, or where the property lines are in question by the Development Officer, he/she may
require that the plans submitted under subsection 3.5(a) be based upon an actual survey by a Nova
Scotia Land Surveyor.

3.8 Notice to Lot Owners

(a) When an application has been received to amend this Bylaw for a site specific purpose, to enter
into a development agreement, or to amend a development agreement, all lot owners within 30 m
of the subject lot shall be notified in writing of the application, in addition to the notification
requirements of the Municipal Government Act.

(b) In the case of the Development Officer issuing a Variance or Site Plan Approval, notification of
affected property owners shall be as specified in the Municipal Government Act.

3.9 Penalty
Any person who violates any provisions of this Bylaw is guilty of an offence and liable on summary
conviction to a fine not less than two hundred and fifteen dollars ($215.00) and not exceeding one
thousand dollars ($1,000.00) and in default of payment to imprisonment for a term not exceeding two
months and in the case of a continuing offence to a further fine not exceeding two hundred and fifty
dollars for each day during which the offence continues and in default of payment to imprisonment for a
term not exceeding ten days.

3.10 Effective Date

This Bylaw shall take effect upon the date of publication of the notice advertising the adoption of the new
bylaw or amendment.

3.11 Repeal of Bylaw

The Town of Amherst Land Use Bylaw passed and adopted by Council May 31, 1993 and approved by
the Minister of Municipal Affairs on August 17, 1993, is repealed as of the date that this Land Use Bylaw
takes effect.

17
4.0 General Provisions for all Zones
4.1 Accessory Buildings
(a) Detached accessory buildings may be permitted in any zone but shall not:
(i) be used as a dwelling except in the case of garden suites;
(ii) be located within the front yard, in any Residential Zone;
(iii) be permitted within the flanking yard on a corner lot;
(iv) exceed 5 m in height; except, where the main structure is a minimum of two stories,
exclusive of the basement and where the proposed location of the accessory structure is not
in the required rear or side yard setbacks of the main structure, the height of the accessory
structure may be increased to accommodate a second storey, plus roof. In no case may the
highest point of the roof of the accessory structure exceed the elevation of the highest point
of the roof of the main structure on the lot.
(v) be built within 2 m of the main structure;
(vi) be considered an accessory building if attached to the main building by a common wall
greater than 3 m in length;,
(vii) in the case of multiple accessory buildings, exceed a combined ground floor area of 80 m2 of
all such buildings; and
(viii) have a combined ground floor area greater than 5% of the lot area, where the lot area is 4,047
m2 or greater.

2
(b) An accessory building with a floor area of 80 m or less may be built within a required rear or side
yard, provided the building is set back at least 1.2 m from any lot line.

(c) Accessory buildings located in an Industrial (I) Zone shall have a minimum required yard of 1.2 m
and no maximum floor area.

4.2 Accessory Uses Permitted

Where this Bylaw provides that land may be used for a purpose or a building or structure may be erected
or used for a purpose, such purpose may include any accessory uses thereof, unless otherwise prohibited
by this Bylaw.

4.3 Agricultural Animals

The keeping of agricultural animals is prohibited in Town except for the following lots which have
agricultural uses existing at the date of this bylaw:
i) PID# 25047010
ii) PID# 25037219
iii) PID# 25358086

4.4 Compliance with Other Bylaws

(a) Nothing in this Bylaw shall exempt any person from complying with the requirements of the Building
Bylaw or any other Bylaw in force within the Town of Amherst, or from obtaining any license,
permission, permit, authority or approval required by any other Bylaw of the Town of Amherst or
statute or regulation of the Province of Nova Scotia or the Government of Canada.

(b) Where the provisions in this Bylaw conflict with those of any other Bylaw of the Town or regulation
of the Province or the Government of Canada, the higher or more stringent provision shall prevail.

18
4.5 Conformity with Existing Setbacks
(a) Notwithstanding anything else in this Bylaw, in any zone where a proposed building does not
comply with the minimum front yard requirements, a building may be erected with a setback equal
to the established building line, but shall not be less than 3 m from the street line.

(b) Only existing buildings within 60 m that front on the same street as the proposed building shall be
used to calculate the established building line.

4.6 Corner Lot Triangle or Day Lighting Triangle

On a corner lot, no fence, sign, hedge, shrub, bush or tree or any other structure, vehicle or vegetation
shall be erected, placed; or in the case of plants, permitted to grow to a height greater than 0.6 m above
grade within a corner lot sight triangle.

4.7 Existing Buildings

(a) Where a building has been erected on or before the effective date of this Bylaw on a lot having less
than the minimum frontage or area, or having less than the minimum yard setback required by this
Bylaw the building may be enlarged, reconstructed, repaired or renovated provided that:
(i) the enlargement, reconstruction, repair or renovation does not further reduce the required
yard that does not conform to this Bylaw;
(ii) all other applicable provisions of this Bylaw are complied with.

(b) Notwithstanding anything else in this Bylaw, the use of a building existing on a lot on the effective
date of this Bylaw, may be changed to another use permitted on the lot where the lot frontage, front
yard, or area required is less than the requirements of this Bylaw, provided that all other
requirements of this Bylaw are satisfied.

4.8 Existing Lots without Frontage

Notwithstanding subsection 4.7 of this Bylaw, an existing building on a lot which does not have frontage,
but which has legal access to a public street may be expanded or enlarged, provided that:

(a) all other requirements of the Land Use Bylaw are met; and,

(b) no additional dwelling units are created.

4.9 Existing Undersized Lots

Notwithstanding anything in this Bylaw, a vacant lot having less than the minimum frontage or area
required by this Bylaw that was in existence at the effective date of this Bylaw, may be used for a purpose
permitted in the zone in which the lot is located and a building may be erected on the lot provided that the
other applicable provisions of this Bylaw are complied with.

4.10 Fences
(a) A development permit is not required for fences less than 2.1m in height.

(b) Fences shall not:

(i) exceed 2.1 m in height in residential zones, or 3.6 m in height in all other zones;
(ii) if higher than 2.1 m, be closer than 1 metre to the nearest property line.
(ii) contain barbed or razor wire in any Residential Zone;
(iii) be electrified unless erected in conjunction with an agricultural use; and,
(iv) where visible from a street or other public space, be constructed with the supporting
apparatus facing the public right-of-way.
(c) Fencing for swimming pools shall satisfy Section 4.26 of this Bylaw.

19
4.11 Flag Lots
(a) In the case of flag lots, in any zone, the minimum lot frontage requirements indicated in the various
sections of this Bylaw shall not apply, provided that the main body of the lot meets the minimum
area requirements for the zone, and provided that the width of the prolongation or leg of the flag lot
providing access to a street is at least 6 m in width at every point.

(b) In the case of flag lots, the yard requirements for the zone shall apply to the main body of the lot.
The front yard shall be that yard facing the street.

4.12 Fronting on Streets

No development permit shall be issued unless the lot or parcel of land upon which the development is
proposed abuts and fronts upon a street. Newly subdivided lots shall be subject to the Subdivision Bylaw.

4.13 Illumination
No person shall illuminate any area of a lot unless all lights are directed away from adjoining properties
and any adjacent street.

4.14 Multiple Uses

Where any land or building is used for more than one purpose, the provisions of this Bylaw shall be
interpreted so that the highest or most restrictive regulation for each single use included in the
development shall be applied. Standards for the provision of parking spaces shall be deemed to be
cumulative so that the requirement will be the sum of the number of spaces required by each use.

4.15 Non-Conforming Use Changed by Development Agreement

A development permit may be issued to change a non-conforming use to another use not normally
permitted on the property by Development Agreement in accordance with Policy GP-11 of the Municipal
Planning Strategy.

4.16 One Main Building on a Lot

Not more than one single detached dwelling may be erected on a lot except for a garden suite as per
Policy RP-14 of the Municipal Planning Strategy.

4.17 Outdoor Furnaces

Notwithstanding any other provision of this Bylaw, an outdoor furnace or structure containing an outdoor
furnace in any zone shall:

(i) be located in the rear yard, and at least 61 m from the nearest lot line; and,

(ii) have a chimney or exhaust at least 1.8 m above the peak of the roof of the structure that the
furnace is intended to heat.

4.18 Outdoor Storage Prohibited

Unless otherwise permitted in other sections of this Bylaw, no outdoor storage shall be permitted in any
zone other than storage accessory to the residential use of a lot. Such storage may include items such as
fuel wood, compost bins and other such items in to be used by the residents of the property.

4.19 Permitted Encroachments into Yards

Except for accessory buildings, every yard required by this Bylaw shall be open and unobstructed by any
structure excluding fences and the structures listed in the following table which shall be permitted to
project into or over the specified yards for the distances that are specified in the table below.

20
 Structure Yard in which Maximum Permitted
Projection is Projection from
Permitted Main Wall

Balconies, Decks, any yard 2.5m but at least 1m

Porches from lot line

Carports Side yards only Minimum 1m from lot

line
Fire escapes, Exterior Rear and side yards 2.5m but at least 1m
staircase only from lot line

Sills, chimneys, and Any yard 60cm

other architectural
features

Swimming pools See section 4.26 of this See section 4.26 of

Bylaw this Bylaw

Window bays, Any yard 1m

buttresses

4.20 Prohibited Dwellings

In any zone, no development permit shall be issued for a building consisting of a basement-only dwelling

4.21 Public Utilities

Buildings or structures used for public or private utilities shall be permitted in any zone and must be a
minimum of 1 metres from the nearest property line.

4.22 Restoration to a Safe Condition

Nothing in this Bylaw shall prevent the strengthening or restoring to a safe condition, of any building or
structure.

4.23 Serviceable Development

No development permit shall be issued in the Town except where municipally approved piped water
supply and piped sanitary sewer are available. Except for a use in the Industrial Zone that involves no
buildings, or 1 and 2 unit dwellings fronting on the west side of Willow street, south of Robert Angus Drive,
provided that such lots have a minimum frontage of 50 m and minimum lot area of 0.35 hectares, and
subject to approval by the Department of Environment and Labour.

21
4.24 Site Plan
(a) In any zone a development permit may be granted by site plan approval, where the proposed
development cannot satisfy all relevant requirements of this Bylaw. The said site plan approval
may also incorporate the issuance of variance(s).

(b) The following matters may be incorporated into the site plan approval:
(i) the location of structures on a lot;
(ii) the location of off street loading and parking spaces;
(iii) the location, number, and width of driveway access to streets;
(iv) the type, location and height of walls, fences, hedges, trees, shrubs, ground cover or other
landscaping elements necessary to protect and minimize the land use impacts on adjoining
lands;
(v) the retention of existing vegetation;
(vi) the location of walkways, including the type of surfacing material, and all other means of
pedestrian access;
(vii) the type and location of outdoor lighting;
(ix) the location of facilities for the storage of solid waste;
(x) the location of easements;
(xi) the grading or alteration in elevation or contour of the land and provision for the management
of storm and surface water;
(xii) the type, location, number and size of signs or sign structures; and,
(xiii) the provision for the maintenance of any of the items referred to in this section.

(c) A site plan, and a legal undertaking= signed by the proponent, must be filed with the Town, and
shall form part of the development permit.

(e) The filed site plan has effect on a lot, regardless of a change of ownership, until discharged by the
Town.

(f) A new lot or lots intended to carry out an approved site plan may be approved, where the resulting
lot does not meet usual dimensional requirements, but reflects an improvement toward meeting
required specifications.

(g) A plan of subdivision may be approved where the variance from specification is not greater than
10% for not more than two lots.

(h) A development permit may be issued to carry out a development permitted by a site plan.

4.25 Subdivision of an Existing Lot with Existing Main Buildings

In any case where two or more existing main buildings erected prior to the effective date of this Bylaw
share the same lot, a subdivision of land to permit a separate lot to be created for each building is
permitted, notwithstanding anything else in this Bylaw, providing that:
(i) all requirements of the Town of Amherst Subdivision Bylaw are satisfied; or
(ii) the new lots being created each have a means of sewage disposal and water supply completely
independent from the other(s); and,
(iii) all lots created as a result of any such subdivision have a front lot line of at least 4 m and must be at
2
least 400 m in area, or meet the lot area requirements of the zone in which they are located,
whichever is less.

4.26 Swimming Pool Performance Standards

(a) In any zone, a development permit for an outdoor swimming pool shall be issued, provided that the
swimming pool:

22
 (i) be located in the rear or side yards only;
(ii) be located at least 2 m from the closest property line;
(iii) not be located in any required yard that abuts a street;
(iv) is not connected to the central sanitary sewer system; and,
(v) is fenced.

(b) All fences enclosing an outdoor swimming pool shall:

(i) completely enclose the entire swimming pool;
(ii) have at least one gate for access which shall be self-closing with a self-latching device;
(iii) be a minimum of 1.2 m high from ground to the top of the fence, gate or structure; and,
(iv) have no opening greater than 10 cm in any part of the fencing, gates or structures that
enclose the swimming pool.

4.27 Temporary and Special Occasion Uses

(a) Nothing in this Bylaw shall prevent a development permit from being issued for uses incidental to
construction such as a construction camp or other such temporary work camp, tool shed, or similar
building incidental to construction provided that a development permit has been issued, but does
not include basements of the building to be constructed.

(b) In any zone other than a Residential zone a 12 month temporary development permit may be
issued for a building temporarily used for sales, rental offices, or retail stores.

(c) Development permits for special occasion uses shall not be required provided that the use is not
located on the lot for more than 3 days.

(d) Any temporary or special occasion use shall:

(i) be a minimum of 3 m from the front lot line;
(ii) be a minimum of 1 m from any other lot line; and,
(iii) not be located within a corner lot sight triangle.

4.28 Variances
(a) Notwithstanding anything in this Bylaw, a Development Officer may grant a variance subject to
Section 235 of the Municipal Government Act. Specifically, the Development Officer may vary:
(i) the percentage of land that may be built upon;
(ii) the size or other requirements relating to yards;
(iii) lot frontage; and/or
(iv) lot area.

(b) Furthermore, Policy A-6 of the Municipal Planning Strategy permits the Development Officer to
grant a variance in one or more of the following Land Use Bylaw requirements:
(i) number of parking spaces and loading spaces required;
(ii) ground area and height of a structure;
(iii) floor area occupied by a home-based business.

4.29 Roofs
(a) In any zone, a development permit is not required for roofs.

(b) Plain, non-coloured steel roofs are not permitted in any zone.

23
5.0 Vehicle Controls
5.1 Parking Space Requirements
(a) For every building or structure to be erected or enlarged, or for which an application for a
development permit involving a change of use is made, off-street parking located within the same
lot as the use and having unobstructed access to a public street shall be provided and maintained
in accordance with the following requirements.

Use Requirements

Residential Uses
A dwelling containing not more than three 1 parking Space per dwelling
dwelling units

Dwellings containing more than three 1.25 parking spaces per dwelling unit
dwelling units

Townhouses 1 parking space per dwelling unit

Boarding houses, Rooming homes, and Bed 1 parking space for the dwelling unit, plus 1
and breakfast establishments space for every room available for rent

Commercial Uses
Bowling alleys and curling rinks 3 parking spaces per bowling lane and 4
spaces per curling sheet. For other parts of
the building, additional spaces shall be
provided in accordance with the other
parking requirements in this Bylaw and the
type of use

Hotels and motels 1 parking space per suite or rental unit, plus
2
1 additional parking space per 10 m of floor
area devoted to public use (taverns,
restaurants and auditoria) exclusive of
lobbies and hallways
2
Offices, commercial schools, and banks 1 parking space per 30 m of floor area
2
Restaurants, taverns, lounges, night clubs 1 parking space per 10 m of floor area

All other commercial uses (including retail) 1 parking space per 30 m2 of retail space
or part thereof

24
 Institutional and Community Uses
Churches, church halls, auditoria, funeral Where there are fixed seats, 1 parking
homes, theatres, arenas, halls, stadiums, space for every 5 seats, or 3 m of bench
private clubs, and other places of assembly space. Where there are no fixed seats, 1
parking space per
2
10 m of floor area devoted to public use

Nursing homes and homes for special care 1 parking space per 50 m2

Kindergarten and daycares 2

1 parking space per 11.2 m of floor area

Medical clinics and health practitioners’ 4 parking spaces per practitioner

offices

Industrial Uses
2
All industrial uses 1 parking space per 50 m of floor area

(b) The requirements of this section shall not apply in the Downtown Zone where all parking
requirements shall be waived.

(c) Where there are more than one type of use on the same lot, Section 4.16 regarding Multiple Uses
shall apply.

5.2 Minimum Dimensions for Parking and Loading Spaces

(a) Parking Space - the minimum area required for a parking space shall be 3 m x 6 m.

(b) Loading space – the minimum area required for a loading space shall be 3 m x 12 m, with a
minimum height clearance of 3.5 m.

5.3 Loading Space Requirements

2
(a) Any Commercial or Industrial use over 1000 m in area, including motor vehicle sales
establishments, shall have at least 1 loading space.

(b) All such loading spaces shall have adequate access to permit ingress and egress of a commercial
motor vehicle from a street or highway by means of driveways, aisles, maneuvering areas or similar
areas.

5.4 Performance Standards for Parking Areas

Where off-street parking facilities for more than 4 vehicles are provided, or required pursuant to the
parking requirements set out in subsection 5.1:

(a) the parking area shall be treated so as to prevent the raising of dust and loose particles and shall be
paved if located: (i) in a commercial zone if the number of spaces provided or required exceeds 8 in
number.

(b) the lights used for illumination of the parking area shall be so arranged as to divert the light away
from streets, adjacent lots and buildings;
25
 2
(c) a structure, not more than 4.5 m in height and not more than 5 m in area may be erected in the
parking area for the use of attendants;

(d) the parking area shall be on the same lot as the use it is intended to serve; and,

(e) when the parking area is paved, each parking space shall be clearly demarcated and maintained as
such.

5.5 Performance Standards for Parking Area Driveways and Aisles

In all zones where paved off-street parking facilities for more than 8 vehicles are provided, or required
pursuant to the parking requirements set out in Subsection 5.1:

(a) clearly marked driveways or aisles must be provided to permit adequate ingress and egress from the
parking area;

(b) the number of driveways per lot shall be limited to 1 two way driveway per lot frontage, except for
lots with more than 75 m of frontage where 2 two way driveways are permitted provided there is a
minimum 30 m between the centerline of such driveways as measured along the street. In lieu of
one permitted two way driveway, 2 one way driveways may be permitted provided there is a
minimum of 30 m between the centerline of all driveways on the lot, as measured along the street.

(c) The location of driveways shall be no closer than 15 m from the limits of the right-of- way at a street
intersection.

(d) The location of driveways shall be at least 3 m from the side or rear lot line, except where adjacent
properties share a common driveway.
0
(e) Driveways should meet the traveled portion of the street at 90 and in no case shall be at an angle
o
less than 75 .

(f) The width of a driveway or aisle within a parking area shall be a minimum width of 3 m if for one-
way traffic, and a minimum width of 6 m for two-way traffic.

(g) In all zones the width of a driveway leading from a parking or loading area to a public street shall be
a minimum of 3 m for one-way traffic, and a minimum of 6 m for two-way traffic. The maximum
width of a driveway shall be as follows:
(i) in any Residential Zone: one way 5 m ; two way 8 m;
(ii) in any zone other than a Residential Zone: one way 5 m ; two way 9 m;
(iii) in any zone other than a Residential Zone where a substantial portion of traffic on the lot
consists of highway tractors, the maximum width of driveways may be increased to 7 m for
one way traffic and 12 m for two way traffic.

(h) one additional driveway may be permitted that allows direct access to a loading space provided that
such driveway is not for public use and shall be signed as such.

5.6 Parking of Commercial Motor Vehicles in Residential Zones

(a) In any residential zone, no more than one commercial motor vehicle shall be parked or stored on a
lot, except:
In the case of a commercial motor vehicle capable of transporting less than 9 persons or vehicles
with a TARE weight less than 3,650 kg, of which not more than 2 such vehicles will be permitted.
(c) In any residential zone, no commercial motor vehicles or tractor trailers with running refrigeration
26
 systems shall be permitted to be parked or stored on a lot overnight.

5.7 Front Yard Parking Restrictions in Residential Zones

Not more than 50% of the required front yard may be used for parking / driveway facilities.

5.8 Street Access Required

No development permit shall be issued where required parking does not have access to a public street.

5.9 Vehicle Stacking for Drive-Through Uses

Businesses providing drive-through services including but not limited to banks, automatic car-wash
facilities, and restaurants, shall provide, exclusive of driveways or isles, stacking for vehicle queuing in
accordance with the following requirements:
(i) 5 inbound spaces
(ii) 2 out-bound spaces5.10 Parking for Persons with Disabilities
Parking for persons with disabilities shall be provided at a ratio of one space per 100 if more than 25
spaces are provided.

5.11 Vehicle Bodies Not to be Used for Human Habitation

No truck, bus, boat, automobile coach or structure of any kind other than a mini home or dwelling unit
erected and used in accordance with this and all other bylaws of the Town shall be used for human
habitation within the Town, whether or not the same is mounted on wheels.

5.12 Core Area District Parking Standards

In the Core Area District, off-street parking facilities shall satisfy the following, and shall take precedence
over any conflicting parking requirement of this Bylaw:
a) On property that fronts on East Victoria Street, Church Street, or Havelock Street:
1. No new off-street parking shall abut said streets.
2. Entries to rear-lot parking will be permitted (no more than 6 m wide) and single loaded parking on
these entries will be permitted provided that:
i. The street abutting stall is separated by no less than 1.5 m of landscaping between it and
the sidewalk, where feasible.
ii. The width of the entry road and parking stall does not exceed the width of the building façade
fronting on the street
b) In a Core Area District:
1. No parking shall be located between the street and the building.
2. Where parking abuts a street, the parking frontage shall not exceed the building frontage.
3. For every space which fronts on the street, the developer shall install a 1.5 m wide landscape bed
and provide at least one 50 mm caliper street tree. A 1.5 m (minimum) impervious walkway must
link the parking to the sidewalk.

27
6.0 Signage

6.1 General Provisions

(a) Where this section is inconsistent with the regulations respecting advertising signs on or near public
highways made or administered by the Province of Nova Scotia Department of Highways, the more
restrictive regulations shall apply.

(b) Unless otherwise indicated in this section, no sign shall be erected without first obtaining a
development permit from the Development Officer and no such permit shall be issued unless all the
provisions of this Bylaw are satisfied.

6.2 Maintenance
(a) Every sign shall be kept in good repair and working order.

(b) Every sign and all parts thereof, including framework, supports, background, anchors and wiring
systems shall be constructed and maintained in compliance with the building, electrical, and fire
prevention Bylaws.

(c) If the business, service or other enterprise for which a sign is erected is no longer in operation the
sign shall be removed, by the owner, within 60 days of the date the operations cease. Removal of
a sign includes the support structure or apparatus to which it is attached.

(d) Subsection (c) shall not apply to a seasonal enterprise that normally closes during part of the year.

6.3 Signs Permitted in all Zones

The following signs are permitted in all zones and no development permit is required for their erection:
2
(a) Signs not more than 0.2 m in sign area, showing the civic number of a building;
2
(b) signs of not more than 0.2 m in sign area, showing the name of a resident or an occupier;
2
(c) "No trespassing" signs or other signs regulating the use of a lot, and of not more than 0.2 m in sign
area, unless otherwise directed by a public authority;
2 2
(d) real estate signs not exceeding 0.6 m in sign area in a residential zone and 1.5 m in other zones,
which advertise the sale, rental or lease of the premises;

(e) signs regulating or denoting on-premises traffic, or parking, or other signs denoting the direction or
2
function of various parts of a building or premises, provided that such signs are less than 0.5 m in
area;

(f) signs erected by a governmental body, or under the direction of such a body, such as tourism-
oriented signs, such as traffic signs, railroad crossing signs, safety signs, signs identifying public
institutions or public election lists or other public notices;

(g) memorial signs or tablets, and signs denoting the history of a site or structure provided that no such
2
sign exceeds 0.5 m in area;

(h) the flag, pennant or insignia of any nation, province or state or of any religious, charitable or
fraternal organization;

28
 2
(i) a sign having an area of not more than 10 m incidental to construction and within the area of such
construction, and erected only during the period of construction;

(j) a sign painted on a window; and,

(k) election signs.

6.4 Signs Prohibited in all Zones

Except where permitted under conditions expressly set out in this section, the following signs are
prohibited in all zones:

(a) any sign or sign structure which constitutes a hazard to public safety or health;

(b) signs which by reason of size, location, content, colouring or manner of illumination obstruct the
vision of drivers or obstruct or detract from the visibility or effectiveness of any traffic sign or control
device on public streets or roads;

(c) any sign which obstructs free ingress to or egress from a fire escape door, window or other required
exit way;

(d) signs not erected by a public authority which make use of words such as "STOP", "LOOK", "ONE
WAY", "DANGER", "YIELD", or any similar words, phrases, symbols, lights or characters in such
manner as to interfere with, mislead, or confuse traffic along a public road;

(e) signs on utility poles;

(f) signs, including election signs, located on a public lot or a public right-of-way unless erected by
a governmental body, or unless specially permitted by Council, and except sandwich boards
signs in the Downtown Zone;

(g) signs painted on, attached to, or supported by a tree, stone, cliff or other natural object;

(h) portable signs advertising a business not located on the same property as the said sign.

6.5 Number of Signs

(a) Notwithstanding anything else in this Bylaw, not more than 3 signs may be erected on any one lot
at any one time.

(b) A double-faced sign shall count as a single sign.

(c) Signs listed in subsection 6.3 "Signs permitted in all Zones" shall not be counted in calculating the
total.

(d) Not more than 2 ground signs shall be permitted on any one lot except in the case of the Highway
Commercial Zone where not more than 1 ground sign shall be permitted for each 15 m of frontage of
the lot on which they are placed, but in no case shall the total number of signs on the lot exceed 3.

(e) All facial signs on a building are counted as 1 sign.

29
(f) Not more than 1 projecting wall sign shall be permitted for each business premise.

(g) A sign painted on or displayed within a window shall not be included in the calculation of the total
number of signs on a premise.

6.6 Signs in Residential Zones

Unless otherwise specified in this Bylaw, signage in a Residential Zone shall be subject to the following
requirements:
2
(a) The maximum sign area shall be 0.6m per side in the case of a two sided sign.

(c) The maximum height of the sign shall be 1.5 m.

(d) Facia signs shall not be located in excess of 3 m above the grade of the wall upon which it is
affixed.

(e) The sign shall be set back a minimum of 1 m from any lot line.

(f) Off0site signs are not permitted.

6.7 Off-site Signage

A development permit may be issued for the use of a sign which displays a business or a use not located
on the lot or premises subject to the following requirements:

(a) An off-site sign counts towards the maximum number of signs permitted on the lot where the sign is
located.

(b) The proposed signage complies with all other applicable requirements of this Bylaw respecting
signage.

(c) The off-site sign is not a portable sign.

6.8 Sponsorship Signage on Town Owned Recreational Lands

Sponsorship signage on Town owned recreational lands shall be exempt from the provisions of this bylaw,
and no development permit is required. All approvals for sponsorship signage on Town owned
recreational lands shall be subject to relevant Town policies regarding such.

6.9 Sandwich Board Signs

In all zones except residential zones, sandwich board signs are permitted without a development permit
provided that:

(a) such signs do not exceed 0.92 m in length and 0.61 m in width;

(b) the number of such signs shall not exceed 1per business premise;

(c) the sign does not obstruct pedestrian or vehicular traffic along any publicly owned land such as a
sidewalk or street right-of-way; and,

(d) the sign does not occupy more than one third of the width of the available sidewalk.

30
6.10 Ground Signs
2
(a) In the Highway Commercial Zone, a ground sign shall not exceed 25 m in sign area for each sign
face.
2
(b) In the Downtown Zone, a ground sign shall not exceed 10 m in sign area for each sign face.

(c) No ground sign shall project over any public property or space including an public park, street, right-
of-way, sidewalk, parking lot, loading space, or place of assembly.

(d) All supporting apparatus of a ground sign shall have a minimum 2 m setback from any lot line.

6.11 Projecting Wall Signs

A projecting wall sign shall not:
2
(a) exceed 3 m in sign area;

(b) project more than 2 m from the wall upon which it is attached;

(c) project over a corner sight triangle;

(d) project above the eaves, parapet or roof line of a building;

(e) be permitted to swing freely on its supports;

(f) be less than 3 m off the ground at its lowest point;

(g) notwithstanding clause 6.4 (f), a projecting wall sign may extend over a public right-of-way in the
Downtown Zone, subject to the following requirements:
(i) the sign or any portion of the sign structure shall not project into the right-of-way a distance
greater than 2/3 the width of the sidewalk; and
(ii) the sign requires a building permit issued in accordance with the Town of Amherst Building
Bylaw.

6.12 Facial Wall Signs

Facial wall signs shall:
2
(a) not cover more than 0.6 m per lineal meter of the wall on which the sign is affixed;

(b) not extend more than 0.3 m beyond the wall to which it is affixed; and

(c) not extend more than 0.3 m above the top of the wall upon which it is located.

6.13 Roof Signs

Roof signs shall:
2
(a) not cover more than 0.6 m per lineal metre of roof upon which the sign is affixed;

(b) not extend more than 0.3 m beyond the roof to which it is affixed; and
(c) not extent beyond the peak of the roof to which it is affixed.

31
6.14 Sign Standards in Core Area District
Signage within a Downtown District shall conform to the following, and shall take precedence over any
conflicting signage requirement of this Bylaw:
a) A sign board for commercial signage or awnings is required above the ground floor windows, and must
be integrated into the architecture of the building.
b) Signs on the top storey are permitted provided they are no greater than 0.3 sq m times the number of
storeys (i.e. a 6 storey building can have 1.8 sq m sign).
c) New Back-Lit or internally illuminated signs are not permitted in the Core Area District, except for
backlight raised lettering only, where letters are greater than 200 mm high and no deeper than 150 mm,
and electronic signs subject to section 6.14 (i).
d) Projecting signs are permitted and encouraged. Projecting signs can be no larger than 3 sq metres, and
have a minimum clearance of 2.7 m above grade.
e) Spot lights, gooseneck light fixtures and other decorative light fixtures are permitted and encouraged for
illuminating signs.
f) Directory signs no larger than 2.5 sq m in area are permitted.
g) Other than sandwich board signs, portable, and free-standing reader board signs are not permitted.
h) Signs that display a business, product, or use not located on the property or premises where the sign is
located are not permitted;
i) Electronic signs are permitted as part of a freestanding, facia, or canopy sign subject to the general
provisions and the following standards:
(i) the message duration shall not be less than 10 seconds;
(ii) the message transition shall be instantaneous;
(iii) message transition shall not involve any visible effects including but not limited to scrolling, fading,
dissolving, intermittent or flashing light, or the illusion of such effects;
(iv) the maximum brightness levels of the electronic sign shall be 5,000 nits during daytime and 500 nits
at nighttime;
(v) the sign shall use automatic dimming technology which automatically adjusts the sign copy’s
brightness in direct correlation with ambient light conditions;
(vi) the sign shall not be illuminated between the hours of 11:00 p.m. and 7:00 a.m. (Atlantic time) unless
the business is open or in operation during those hours;
(vii) the sign shall be turned off in the case of a malfunction; and,
(viii) in any case, no electronic sign in the Downtown Zone shall exceed 3 m 2 (32 sqft) in area.

32
7.0 Residential

7.1 General Provisions for All Residential Zones

7.1.1 Home Occupations
A development permit shall be issued for a home occupation contained in a dwelling or accessory
building, provided that:

(a) the dwelling is occupied as a residence by the user and the external appearance of the dwelling is
not changed by the home occupation;

(b) there shall not be more than 2 assistants who are not residents in the dwelling employed in the use;
2
(c) not more than 25% of the total floor area of the dwelling or 50 m whichever is less, may be
devoted to the home occupation;
(i) in calculating the total floor area of a dwelling where a home occupation is being operated in
an unfinished basement, attic, porch, sunroom, or attached garage, the total floor area of the
basement, attic, porch, sunroom or attached garage shall be included in calculating the total
floor area of the dwelling.
(ii) in the case of a home occupation operating in an accessory building, the size of the home
occupation shall not exceed 25% of the total floor area of the dwelling combined with that of
any accessory buildings involved;
2
(d) one off-street parking space, in addition to that required for the dwelling, is provided for every 25 m
of floor space occupied by the home occupation;

(e) no outdoor storage or outdoor display shall be permitted;

(f) no retail sales of merchandise shall take place on the property, except to the customer already
purchasing a service on the property as an accessory to the service being provided.

Note to Readers
Retail sales of merchandise are permitted in a home occupation which are clearly accessory and
incidental to the main home occupation use. (Examples include the sale of hairspray by a hairdresser or
contact lenses by an optometrist.)

7.1.2 Special Requirements for Bed and Breakfasts

In any Residential Zone, a development permit shall be issued for a bed and breakfast establishment
provided that:

(a) such use is accessory to the main residential use occupied by a resident of the property;

(b) parking is located in the rear or side yard and complies with the requirements of Section 5.1 of this
bylaw;

(c) only breakfast is served solely for registered guests;

(d) the bed and breakfast operation is the only accessory use on the lot, and;

(e) no addition or expansion is made to the footprint or bulk of the building, other than modifications
necessary to comply with fire safety standards.

33
7.1.3 Special Requirements for Converted Dwellings
In addition to all other regulations in this Bylaw, an existing structure in a Residential Zone may be
converted to an additional dwelling unit or units subject to the following special requirements:

(a) The total number of units in the building shall not exceed 4;

(b) The conversion is undertaken without addition or expansion to the footprint or bulk of the building,
except where modifications are necessary to comply with fire safety standards;

(c) The parking area requirements shall conform to Section 5.1 of this Bylaw;

(d) The amenity space requirements in Section 7.1.4 shall apply; and,

(e) Where any or all of the above criteria cannot be satisfied, the development may be considered by
Development Agreement as outlined in Policy RP-9.

7.1.4 Amenity Space Requirements

2
In any zone, a development permit for a building containing 3 or more units shall provide 20 m per unit of
amenity space and is subject to the following requirements:

(a) Amenity space may include a combination of balconies, indoor recreation rooms, saunas,
sundecks, patios, tennis courts, swimming pools as well as any landscaped open area with a
finished grade of less than 8%.
2 2
(b) Where a dwelling unit is provided with a balcony at least 6 m in floor area, the 20 m amenity
space requirement shall be waived.

(c) Amenity Space shall not include any parking areas, hallways, foyers, utility rooms, or laundry areas.

7.1.5 Special Requirement: Trees

(a) A development permit issued for any apartment building or townhouse project shall require at least
2
one live tree a minimum of 1.5 m. in height to be planted for every 50 m of area in the front yard of
the structure which is not occupied by a parking area.

(b) Existing trees on the site which are not destroyed during the construction period may replace some
or all of the trees required by this section. New plant materials are required to be installed during
the first planting season following the commencement of construction, and to nursery standards.

7.1.6 Special Requirement: Grouped Buildings

(a) Wherever more than one multi-unit residential building is located on a lot the minimum distance
between the buildings shall be 6 m.

(b) A development permit shall not be issued for more than one single detached dwelling on a single
lot, or where there is an existing dwelling on the same lot.

7.1.7 Yard and Garage Sales

(a) Yard/garage sales may be undertaken on any lot, in any zone provided the sale is conducted by an
owner/resident of the subject site, or by a non-profit group, community association, or other similar
group or organization.

(b) No more than 6 yard/garage sales may be conducted from one lot in one calendar year, and any 1
sale may not last more than 3 consecutive days.

34
7.1.8 Front Yard Setback and Orientation
(a) The main wall of a new primary building shall be set back from the street a distance no greater than
the average front yard setback of neighbouring properties on the same block.

(b) Encroachments are permitted within the required setback in accordance with subsection 4.19 of
this bylaw.

(c) New main buildings shall be sited so that the façade is parallel to the street it faces.

7.1.9 Corner Lots

(a) Blank building facades are not permitted along any street frontage. All facades shall be treated
with the same quality of materials and similar architectural detailing. Elements such as corner and
side windows, wrap-around verandas or decks, bay windows, turrets, areas of decorative brick, or
other interesting architectural element shall be incorporated.

35
7.2 General Residential Zone

7.2.1 General Residential Zone Uses Permitted

In the General Residential Zone, the following uses shall be permitted:
(a) Single Detached Dwellings

(b) Double Dwellings

(c) Apartment Buildings (less than 5 units)

(d) Converted Dwellings (subject to section 7.1.3)

(e) Townhouses
(f) Boarding houses

(g) Bed and Breakfast Establishments

(i) Home Occupations

(j) Residential Day Care Centres

(k) Parks, Open Spaces, and Public Trails

(l) Existing trucking operation at 76 East Pleasant Street (PID 25026626)

7.2.2 Permitted Uses by Development Agreement

In a Residential Zone, an application for the following uses shall be considered by development
agreement in accordance with the applicable Municipal Planning Strategy (MPS) Policy:

(a) A restaurant as part of bed and breakfast establishment in accordance with Policy RP-16 of the
MPS.

(b) A group home or boarding house in accordance with Policy RP-13 of the MPS.

(c) A garden suite in accordance with Policy RP-14 of the MPS.

(d) Apartment buildings greater than 4 units in accordance with Policy RP-9 of the MPS.

(e) Long Term Care Facilities and Homes for Special Care in accordance with Policy RP-19.

36
7.2.3 Zone Requirements
In any Residential Zone, all development permits shall be issued in conformity with the following
requirements:

(a) Single Detached Dwelling

Minimum lot area 450 m2
Minimum lot frontage 15 m
Minimum front yard 6m
Minimum rear yard 6m
Minimum side yard One side 1.3 m
Other side 3m
Minimum flanking yard 6m
Maximum height 11 m

(b) Multiple Unit Dwellings

Minimum lot area Apartment Building 300 m2 per unit
Townhouse 300 m2 per unit
Converted/Duplex/Semi-Detached/Other 560 m2
Minimum lot frontage Apartment Building 10 m per unit
Townhouse 6 m per unit
Converted/Duplex/Semi-Detached/Other 20 m
Minimum front yard Townhouse 10 m
All Other Types 6m
Minimum rear yard All Types 8m
Minimum side yard Apartment Building One side 2 m
Other side 3 m
Townhouse Common Wall 0 m
Outside Wall 3 m
Minimum flanking yard 6m
Maximum height 11 m

7.2.4 Special Requirement - Existing trucking operation at 76 East Pleasant Street (PID 25026626)
• Any ground surface not covered by vegetation to be treated so as to be dust free;
• No storage aggregate (sand or gravel) be permitted on the property;
• The storage of petroleum products on the site be in compliance with any and all relevant
provincial regulations.
For the purposes of this section the existing trucking operation includes: the parking, storage and
maintenance of up to four commercial motor vehicles; the parking, storage and maintenance of up to 4
additional passenger vehicles associated with the business; the operation of an office within the existing
single detached dwelling on the property used to coordinate the day to day operation of the business as
well as usual bookkeeping and business functions; the storage of various hand tools and maintenance
equipment; the use of the existing garage on the property for the trucking business; up to six persons
employed on the site.

37
7.3 Low Density Residential Zone

7.3.1 Low Density Residential Zone Uses Permitted

In the Low Density Residential Zone, the following uses shall be permitted:

(a) Single Detached Dwellings

(b) Double Dwellings
(c) Bed and Breakfast Establishments
(d) Home Occupations
(e) Residential Day Care Centres
(f) Parks, Open Spaces, and Public Trails

7.3.2 Permitted Uses by Development Agreement

In a Residential Zone, an application for the following uses shall be considered by development
agreement in accordance with the applicable Municipal Planning Strategy (MPS) Policy:

(a) A restaurant as part of bed and breakfast establishment in accordance with Policy RP-16 of the
MPS.

(b) A garden suite in accordance with Policy RP-14 of the MPS.

7.3.3 Zone Requirements

In any Residential Zone, all development permits shall be issued in conformity with the following
requirements:

(a) Single Detached Dwelling

Minimum lot area 450 m2
Minimum lot frontage 15 m
Minimum front yard 6m
Minimum rear yard 6m
Minimum side yard 1.3 m
3m
Minimum flanking yard 6m
Maximum height 11 m

(b) Two Unit Dwellings

Minimum lot area 360 m2 per unit
Minimum lot frontage 24 m
Minimum front yard 6m
Minimum rear yard 6m
Minimum side yard 4m
Minimum flanking yard 6m
Maximum height 11 m

38
7.4 Mini Home Park Zone

7.4.1 Mini Home Park Zone Uses Permitted

The following use shall be permitted in the Mini Home Park Zone:

(a) All uses permitted in the General Residential Zone, subject to General Residential Zone regulations

(b) Mini Homes

(c) Mini Home Parks

(d) Multiple Section Mini Homes

7.4.2 Accessory Uses Permitted

Accessory uses are permitted in the Mini Home Park Zone provided that the accessory use does not
2
exceed 35 m of floor as per mini home rental pad or space.

7.4.3 Conformance with Mini Home Park Bylaw

Notwithstanding anything in this Bylaw, any development permit issued for a Mini Home Park shall satisfy
all relevant provisions of the Mobile Home Park Bylaw.

39
 8.0 Commercial Zones

8.1 General Provisions for Commercial Zones

8.1.1 Residential Uses in Commercial Zones

In any Commercial Zone, any development permit for a residential use shall:
(i) satisfy all applicable Residential standards in this Bylaw.

8.1.2 Special Requirements for Motor vehicle Fueling Stations

In any Commercial Zone, a development permit for a Motor vehicle Fueling Station shall be issued,
provided that:
(i) no portion of any pump island shall be located closer than 6 m to any street line; and,
(ii) the lot frontage is at least 50 m.

8.1.3 Outdoor Retail Display on Public Sidewalks

No development permit shall be issued for outdoor retail display on a public sidewalk unless:

(a) The retail display is located in the Downtown Zone.

(b) The retail display is only set up during the hours of operation for the associated business.
st st
(c) The retail display is only set up from May 1 to October 31 .

(d) The retail display is limited to the sidewalk directly abutting the associated business.

8.1.4 Cannabis-Related Uses

Notwithstanding any other provision in this Bylaw, cannabis retail sales and cannabis lounges are only
permitted if such facilities are operated by the Nova Scotia Liquor Corporation (NSLC).

40
8.2 Highway Commercial Zone

8.2.1 Zone Uses Permitted

The following uses shall be permitted in the Highway Commercial Zone:

Animal Hospital and Veterinary Establishments

Banks and Financial Institutions
Business and Professional Offices
Cannabis Lounges and Cannabis Retail Sales subject to section 8.1.4

Commercial Recreation Centres

Commercial Schools
Community Centres
Display Courts
Funeral Homes
Garden and Nursery Sales & Supplies
Hotels and Motels
Industrial & Agricultural uses existing as of the date of adoption of this bylaw.
Institutional Uses, (schools, government offices, churches, police stations, similar uses.)
Lounges and Beverage Rooms
Light manufacturing
Medical Clinics
Motor Vehicle Fueling Stations
Motor Vehicle Sales, Rental, and Repair
Parking lots and Parking Structures
Private Clubs and Fraternal Organizations
Photography Studios
Printing Establishments
Outdoor Retail Display
Religious Institutions
Residential uses subject to section 8.1.1 and 8.1.2
Restaurants, Drive-thru or Take-Out, Cabarets
Retail Stores
Self Storage Facilities
Service and Personal Service Shops
Taxi, Bus and Train Stations

41
8.2.2 Highway Commercial Zone Requirements
In the Highway Commercial Zone, all development permits shall be issued in conformity with the following
requirements:

(a) Zone Requirements

2
Minimum lot 1000 m
area
Minimum lot 60 m
frontage
Minimum front 8m
yard
Minimum rear 3m

yard where adjacent to a residential zone 8m

Minimum side 3m
yard
Maximum 22 m

height

(b) In the Highway Commercial Zone, all developments shall satisfy the applicable parking
requirements in Section 5 of this Bylaw.

8.2.3 Landscaping Requirements

In the Highway Commercial Zone, any development permit for a new building shall satisfy the following
landscaping requirements:
2
(a) One live tree at least 1.5 m in height shall be planted every 50 m of area in the front and flanking
yards, where not occupied by parking area.
2
(b) All developments greater than 900 m in area shall provide a minimum of 6 m of landscaped open
space along the entire street frontage, minus driveways.

(c) Any development fronting on Robert Angus Drive between Church Street and South Albion Street
shall provide a minimum of 6 metres of landscaped open space along the entire street frontage,
minus driveways.

42
 8.3 Downtown Zone

8.3.1 Downtown Zone Uses Permitted

The following uses shall be permitted in the Downtown Zone:

Banks and Financial Institutions

Business and Professional Offices
Cannabis Lounges and Cannabis Retail Sales subject to section 8.1.4
Commercial Recreation Centres
Commercial Schools
Community Centres
Funeral Homes
Garden and Nursery Sales & Supplies
Hotels and Motels
Industrial uses existing as of the date of adoption of this bylaw
Institutional Uses, (schools, government offices, churches, police stations, similar uses.)
Lounges and Beverage Rooms
Light manufacturing
Medical Clinics
Motor Vehicle Fueling Stations subject to section 8.3.2 and 8.4.1
Motor Vehicle Sales, Rental, and Repair subject to section 8.3.2 and 8.4.1
Parking lots and Parking Structures
Private Clubs and Fraternal Organizations
Photography Studios
Printing Establishments
Outdoor Retail Display
Religious Institutions
Residential uses subject to section 8.1.1, 8.3.2, and 8.4
Restaurants, Drive-thru (subject to section 8.3.2 and 8.4.1) or Take-Outs, Cabarets
Retail Stores
Self Storage Facilities subject to section 8.4.1
Service and Personal Service Shops
Taxi, Bus and Train Stations

43
8.3.2 Permitted uses by Development Agreement
In the Downtown Zone, a development permit application for the following uses shall be considered by
development agreement in accordance with the applicable Municipal Planning Strategy (MPS) Policies:

(a) Where the new development will be located on a lot that is adjacent to a designated heritage property
in accordance with Policy CP-10 of the MPS.

(b) Where the new development will have a ground floor area in excess of 1,500 m2 in accordance with
Policy CP-11 of the MPS.

(c) Any use that involves the outdoor display of motor vehicles, vehicle stacking for drive thru purposes,
and motor vehicle fueling stations, subject MPS Policy CP-13.

(d) Ground floor residential uses subject to MPS Policy CP-15.

8.3.3 Uses Subject to Site Plan Approval

In the Downtown Zone, sidewalk patios shall be subject to Site Plan approval in accordance with MPS Policy
CP-14.

8.3.4 Zone Requirements

In the Downtown Zone, all development permits shall be issued in conformity with the following
requirements:
a) Downtown Zone Requirements
Minimum lot area 200 m2
Minimum lot frontage 6m
Minimum front yard none
Minimum rear yard none
Minimum side yard none
Maximum height 22 m (72 ft)

(b) All developments shall be exempt from minimum parking requirements outlined in Section 5.1

8.3.5 Front Yard Setback on Albion Street

Notwithstanding any other provision of the Bylaw, the front yard setback for a new building fronting on Albion
Street within the Downtown Zone shall be 3 metres, and 6 metres from any residential property line where
adjacent to a residential zone.

44
8.4 Core Area District
In addition to section 8.3 Downtown Zone requirements, properties located in the Core Area District shall
satisfy the requirements of this section. For the purposes of this section, a principal street shall include: East
Victoria Street, Church Street, Havelock Street, Electric Street, King Street, and Ratchford Street. Where a
property has frontage on more than one street, the principal street is considered the front of the property.
Where a property has frontage on more than one principal street, East Victoria will be considered the front of
the property.

8.4.1 Vehicular Oriented Uses in a Downtown District:

In the Core Area District, the following shall not be permitted on Victoria Street, Church Street, Havelock
Street, King Street, Electric Street, or Ratchford Street, and may be permitted elsewhere in a Downtown
District, subject to any other relevant section of this bylaw:
a) Motor Vehicle Fueling Stations
b) Motor Vehicle Sales, Rental, or Repair
c) Car Washes
d) Drive-thru’s
e) Self Storage Facilities

8.4.2 Parking
In the Core Area District, parking shall conform to Section 5.4, 5.5, and 5.12 of this Bylaw, and shall:

a) not be increased where it abuts East Victoria Street, Church Street, and Havelock Street;
b) be designed and configured so as to minimize its visual dominance from the street;
c) not be located between the building and the street; and,
d) include a landscaped strip with a minimum width of 1.5 metres where parking facilities abut a street;

8.4.3 Building Materials

In the Core Area District no building, except residential dwellings located on Prince Arthur, Maple Street, and
Crescent Street, shall have vinyl or aluminum cladding along any wall that abuts or otherwise fronts on a
street.

8.4.4 Commercial Requirements

In the Core Area District, except Institutional uses, all non-residential uses within new developments and
additions to existing buildings that constitute a 10% or more increase in building footprint, shall satisfy the
following requirements:

a) a minimum ground floor ceiling height of 3.2 metres;

b) a public entrance located on the principle street frontage or the building wall closest the street, or at
the corner in the case of a corner lot;
c) windows that occupy no less than 50% of any street fronting wall below the second floor;
d) clear windows and doors with at least 88% light transparency and no reflective or tinting treatment on
the ground floor;
e) an awning, overhang, or weather-protecting structure over all public entry ways;
f) buildings with frontage greater than 12 meters shall be broken down into horizontal compartments with
a distinct change in vertical architectural articulation using at least one of the following: different
materials, projections, bays, roof changes, or colours.

45
g) building setbacks shall align with the established front and flanking yard setbacks along any street
frontage. Where no established setback exists a maximum front and flanking yard setback of one (1)
metre for at least 60% of the building wall is required;
h) areas for signage shall be incorporated in the initial building design; and
i) mechanical or communication appurtenances larger than 0.5 square meters shall not be visible from the
street.

8.4.5 Residential Uses

In the Core Area District, residential requirements shall be subject to the relevant sections of this Bylaw, and
the following requirements:

a) upper floor conversions of non-residential uses to a residential use shall be permitted;

b) detached single and double dwellings are not permitted;
c) ground floor residential uses may be permitted for developments containing twenty (20) or more
dwelling units on principal streets, subject to MPS Policy CP-15;
d) on any principal street, the first 12.2 m (40 feet) of building ground floor area, measured at 90 degrees
from the property line abutting any principal street, or the front of the building facing the street in cases
where the front of the building is not located directly on the front property line, shall be restricted to
non-residential uses otherwise permitted in the zone;
e) new residential buildings shall be no less than 2 stories;
f) buildings shall align with the front and flanking yard setbacks established by existing buildings on the
same block.
g) primary entries to multi-unit buildings shall front on a street;
h) the primary entry shall be a highly visible architectural feature incorporating elements such as awnings,
roof overhangs, lighting, double doors, glazing and/or distinct architectural materials;
i) buildings with multiple stories shall have an architecturally distinct base, middle, and top;
j) mechanical or communication appurtenances larger than 0.50 square meters shall not be visible from
the street;
k) all patios shall be recessed into the building at least 1.5 meters, with no patio extending more than 2.0
meters beyond the outer building wall; and,
l) buildings with frontage greater than 12 meters shall be broken down into horizontal compartments with
a distinct change in vertical architectural articulation using at least one of the following: different
materials, projections, bays, roof changes, or colours.

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8.5 Limited Commercial Zone
8.5.1 Limited Commercial Zone Uses Permitted
The following uses shall be permitted in the Limited Commercial Zone:

Apartment buildings and townhouses subject to Residential zone standards

Banks and financial institutions Business and
professional offices Restaurants, excluding
drive thru restaurants Commercial schools
Community centers
Group care facilities
Institutional uses
Light manufacturing
Medical clinics
Photography Studios
Printing establishments
Retail stores
Service and personal service shops

8.5.2 Limited Commercial Zone Requirements

All developments are subject to the Highway Commercial District lot specifications, in addition to the
following specifications:

(a) The required yard shall be 8 m where immediately adjacent to an area designated Residential.

(b) A continuous landscaped buffer through the use of plant material, fencing, and the like, shall be
required where the zone abuts a residential designation

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8.6 Neighbourhood Commercial Zone

8.6.1 Neighbourhood Commercial Zone Uses Permitted

The following uses shall be permitted in the Neighbourhood Commercial Zone:
(a) Retail stores and accessory residential uses
2
(b) Restaurants and take-out restaurants up to a maximum of 50 m in seating area
(c) Any uses permitted in the General Residential Zone, subject to the General Residential Zone
Requirements

8.6.2 Neighbourhood Commercial Zone Requirements

(a) Neighbourhood Commercial Requirements

2
Minimum lot 500 m
area
Minimum lot 15 m
frontage
Minimum front 6m
yard
Minimum rear 6m
yard
Minimum side 3m
yard
Maximum 11 m

height

(b) In any Neighbourhood Commercial Zone, all developments shall satisfy the applicable parking
requirements in Section 5 of this Bylaw.

8.6.3 Maximum Floor Area

2
In a Neighbourhood Commercial Zone, not more than 100 m of floor area may be devoted to commercial
purposes. For the purpose of this Section, Commercial purposes shall exclude any furnace room, utility
rooms, and washrooms. In addition, storage space not exceeding twenty percent (20%) of the total floor
area of the building shall be excluded.

8.6.4 Directional Parking Signs

Where parking in a Neighbourhood Commercial Zone is provided in any rear or side yard, a directional
parking sign shall be provided.

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9 Industrial
9.1 Industrial Zone Uses Permitted
The following uses shall be permitted in the Industrial Zone:

Any manufacturing, industrial, assembly or warehousing operation

Any activity connected with the automotive trade, excluding salvage yards
Boat and Marine Supplies and Sales
Building supply and equipment depots including the bulk storage of sand or gravel
Railway uses
Recycling Collection and Storage Facilities, excluding salvage yards
Retail and office uses incidental to the main industrial use

Cannabis Production Facility, subject to section 9.6

9.2 Industrial Zone Requirements

(a) Industrial Requirements

2
Minimum lot 1000 m
area
Minimum lot 40 m
frontage
Minimum front 6m
yard
Minimum rear 6m
yard
Minimum side 3m
yard

Minimum Where abutting a residential designation 20 m

Required Yard
Maximum unlimited

height

(b) In the Industrial Zone, any development permit shall satisfy the parking requirements in Section 5 of
this Bylaw.

9.3 Outdoor storage and Display

In the Industrial Zone, no outdoor storage or display shall be permitted in the front yard or in a required
yard abutting a Residential Zone.

9.4 Motor vehicle Fueling Stations

Automobile Fueling Stations in the Industrial Zone shall be subject to the requirement s for such uses in
the Highway Commercial Zone.

9.5 Services Required

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No development permit shall be issued for a use involving buildings containing plumbing fixtures in an
Industrial (I) Zone in areas not served with municipally approved piped water and sanitary sewer service.
9.6 Cannabis Production Facilities
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.

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 10 Special Use Zones

10.1 Institutional Zone

10.1.1 Institutional Zone Uses Permitted

The following uses shall be permitted in the Institutional Zone:

(a) Any use permitted in an Open Space Zone

(b) Religious institutions
(c) Schools
(d) Group care facilities
(e) Libraries, Museums and Art Galleries
(f) Non-residential day care centres
(g) Community centres
(h) Funeral homes
(i) Recreational Uses
(j) Public Buildings

10.1.2 Institutional Zone Requirements

Any development permit in the Community Use Zone shall satisfy the following requirements:

(a) Institutional Requirements

2
Minimum lot 1000 m
area
Minimum lot 20 m
frontage
Minimum front 8m
yard
Minimum rear 8m
yard
Minimum side 4 m or
yard half the
height of
the
building,
whichever
is greater
Maximum 15 m

height

(b) In a Institutional Zone, all developments shall satisfy any applicable parking requirements in
Section 5 of this Bylaw.

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10.1.3 Landscaping Required
All areas not occupied by buildings, structures, parking areas or loading areas shall be landscaped and a
2
minimum of one tree at least 1.5 m in height shall be planted or retained for every 50 m of landscaped
area.

10.1.4 Accessory Uses in the Institutional Zone

The occasional rental of the property to a third party is permitted for the following uses for a period up to 5
consecutive days.
• Bingos
• Meetings
• Dances
• Beer gardens
• Dinners
• Festivals and fairs
• Concerts
• Trade shows
• Private parties
• Retail activities

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10.2 Enheat Site: Comprehensive Development District (CDD) Zone

10.2.1 CDD USES PERMITTED

No development permit shall be issued for a development in the CDD Zone except in accordance with a
development agreement executed under Policy EN-4 of the Municipal Planning Strategy.

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10.3 Open Space Zone

10.3.1 Open Space Zone Uses Permitted

Only the following uses shall be permitted in the Open Space Zone:

Cemeteries
Pavilions, Band Shells
Public and Private Parks, Playgrounds, and Public trails
Sports fields
Buildings and Structures Accessory to the foregoing including canteens and related amenities

10.3.2 Open Space Zone Requirements

A development permit issued in an Open Space Zone shall have a minimum setback of 10 m from any lot
line.

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10.4 Flood Plain Zone
10.4.1 Flood Plain Zone Uses Permitted
The following uses shall be permitted in a Flood Plain Zone:

a) Parks and recreational uses involving no buildings

b) Existing residential uses and associated accessory uses located at the following lots
i) PID# 25030636
ii) PID# 25017591
iii) PID# 25017609

10.4.2 Special requirements for Existing Buildings

Any building or structure existing at the effective date of this Bylaw, and lying within the Flood Plain Zone
may be repaired, reconstructed, expanded, or relocated providing that:

(a) any such work does not reduce the existing distance between Dickey Brook and the said existing
building or structure; and,

(b) all other applicable provisions of this Bylaw are satisfied.

10.4.3 Special Requirements for Accessory Structures

A structure accessory to an existing use may be erected in a Flood Plain Zone if located no closer to
Dickey Brook than any existing main or accessory buildings on the lot.

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SCHEDULE A - ZONING MAP

56
57
Schedule B

List of Fees

Copy of LUB Text $20.00

Copy of Zoning Map (11 x 17) $5.00
Copy of Zoning Map (big) $10.00

Application for Re-zoning / zone $200.00

amendment
Application for Development Agreement / $200.00
DA amendment
Application for Municipal Planning Strategy $300.00
Amendment
Application for Variance and / or Site Plan $75.00

Development Permit $50.00

58
 Appendix A
List of Amendments to the Land Use Bylaw

Bylaw # Effective Date Location Type*

P-2-1 December 22, 2005 35 Poplar Street Map Amendment; Institutional to General
Residential
P-2-2 August 17, 2006 3 Robie Street Map Amendment; Residential to Institutional
P-2-3 August 17, 2006 n/a Text Amendment; Recreation uses in
Institutional zone
P-2-4 August 17, 2006 76 East Pleasant St. Text Amendment Permit
Existing Trucking Operation
P-2-5 December 11, 2006 South Albion Street Map and Text Amendment; applying the DC
zone to Albion and 3 metre front yard setback
P-2-6 January 29, 2007 n/a Various administrative text amendments
P-2-7 May 30, 2007 n/a Text amendment to permit
Long Term Care Facilities in GR zone by DA
P-2-8 May 4, 2007 n/a Text amendment to permit two story
accessory structures
P-2-9 May 30, 2007 n/a Text amendment to permit ground floor
residential uses in the DC zone by DA
P-2-11 March 29, 2010 n/a Replace Sections 7.2.3 and 7.3 to reduce the
required street frontage and side yard setbacks
for new residential building lots
P-2-12 November 28, 2011 n/a Add sections 7.1.8 and 7.1.9 to regulate how
residential buildings relate to the street
P-2-13 January 28, 2013 n/a Add section 4.29 Roofs
P-2-16 May 27, 2013 n/a Zoning Map amended to apply Institutional Zone
to properties
P-2-17 June 24, 2013 n/a Core Area District and requirements

P-2-18 February 24, 2014 n/a Accessory Buildings 4.1(a)

P-2-19 May 26, 2014 59 East Pleasant Apply General Residential Zone to the property
PID # 25491895.
P-2-20 December 22, 2014 n/a Off Site Signage removed (6.7(c))

P-2-21 January 26, 2015 Building Height and Institutional Requirements in

Design Guidelines, 8.4
P-2-22 April 18, 2018 n/a Sign Standards in Core District Area add (h) and
(i) to Section 6.14
P-2-23 October 22, 2018 283-295 Church Street Map Amendment: Change the zoning from
Industrial to Highway Commercial
P-2-24 January 28, 2019 n/a Definitions and Text added to Regulate Cannabis
Lounges and Retail

59
P-2-25 March 18, 2020 13 West Pleasant Map Amendment: Change the zoning from
Street Industrial to Downtown Commercial
P-2-26 March 11, 2020 Signage Regulate tourism-related and election signs on
town-owned property and right-of-way’s, and
signs in residential zones.

*the description is not specific, please refer to document for details

60