Zoning Regulations

N.S. Reg. 238/2022

Nova Scotia — Regulations

Zoning Regulations

N.S. Reg. 238/2022

Nova Scotia — Regulations

This consolidation is unofficial and is for reference only.

For the official version of the regulations, consult the original documents on file with the Office of the Registrar of Regulations , or refer to the Royal Gazette

Part II .

Regulations are amended frequently.

Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with our office that are not yet included in this consolidation.

Although every effort has been made to ensure the accuracy of this electronic version, the Office of the Registrar of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting.

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, Province of Nova Scotia , all rights reserved. It is for your personal use and may not be copied for the purposes of resale in this or any other form.

Southdale-Mount Hope Special Planning Area Amendment Order

made under

Section 16 of the

Housing in the Halifax Regional Municipality Act

S.N.S. 2021, c. 21

N.S. Reg. 238/2022 (effective October 18, 2022)

Whereas the Southdale-Mount Hope Special Planning Area Order , N.S. Reg. 63/2022, was

made on March 24, 2022, and designated the Southdale-Mount Hope Special Planning Area;

Whereas the Executive Panel on Housing in the Halifax Regional Municipality has

recommended amendments to the Regional Centre Secondary Municipal Planning Strategy;

And

whereas I am satisfied that the recommended amendments are necessary to advance the

purpose of the Housing in the Halifax Regional Municipality Act ;

Therefore , I order the following:

1. The Regional Centre Secondary Municipal Planning Strategy is amended by adding the

text bolded below into

Section “2.9 Future Growth Node Designation”, immediately

after clause (

n) of Policy F-11 and prior to 2.10 Institutional Employment Designation

2.9.1.5 Southdale Lands

The Southdale Lands are adjacent to Highway 111, Mount Hope Avenue

interchange, 101 Research Drive, and the terminus of Lynn Drive, in Dartmouth.

The majority of the area is undeveloped and consists of woodland and a large

wetland. This Future Growth Node was designated as a “Special Planning Area”

by the Province of Nova Scotia in 2022.

The Woodside Vision and Action Plan, approved in principle by Regional Council

in 2012, identified the need for residential development in a manner sensitive to the

wetland and forested areas. Informed by additional master planning and

community engagement completed under this Plan’s Future Growth Node policies,

the Southdale Lands are intended to develop as a compact, walkable residential

community that prioritizes pedestrians, supports access to transit, and protects the

wetland. The entire site can accommodate approximately 1,875 residential units as

well as employment, commercial and institutional uses to support the new,

complete community. Area[s] 1 and 2 are envisioned to accommodate

approximately 875 residential units in total, with Area 3 envisioned to

accommodate approximately 1,000 residential units.

Sensitivity to the importance of the wetland is a key policy objective. Future

development will maintain the existing wetland and vegetated watercourse buffer

around the wetland as protected open space and include stormwater management

measures to protect water quality and to infiltrate runoff. The development will

balance the need for a multi-use pathway, servicing and road network

requirements with these objectives.

The Southdale Lands will be connected to the surrounding area by new public

streets with sidewalks, a multi-use pathway and pedestrian pathways. Three areas

are identified in this Future Growth Node on Map 25:

• Area 1: this area abuts Highway 111, the wetland, the Woodside Industrial

Park, Lynn Drive, and Maple Ridge Estates. Predominantly low-rise

residential development is supported in this area, with some mid-rise,

mixed-use buildings supported on strategic sites. A mix of housing types

including “ground oriented” units and multi-unit dwellings is supported in

this area. Residential blocks will be connected by new streets, a multi-use

pathway, and other pathways and trails. The wetland and adjacent

watercourse buffer will be protected as open space. The area will also feature

a public park as a focal point, and a new public street and multi-use path

connection to Gaston Road is envisioned to support access to transit and the

surrounding community.

• Area 2: this area abuts Highway 111, Mount Hope Avenue, the Woodside

Industrial Park, and the wetland. Tall mid-rise, mixed-use development is

supported in this area. A vegetated buffer will be required next to the

wetland. The area will be connected to the rest of the development and

surrounding community by a public street, a trail, and Mount Hope Avenue.

Public transit is envisioned to connect this area to Area 1 and the Woodside

Ferry, and pedestrian and cyclist safety will be considered as a priority in the

design of Mount Hope street crossing. Land use and built form transitions

will mitigate potential conflicts with the adjacent highway interchange and

Woodside Industrial Park.

• Area 3: this area abuts the wetland, Fenwick Street, Dartmouth South

Academy public school, Research Drive and the Woodside Industrial Park.

Area 3 is divided into two sub-areas, Sub-area 3A and Sub-area 3B, to

recognize different development potential. Low-rise to tall-mid-rise

development is supported in this area that transitions to existing established

residential neighbourhoods, and Dartmouth South Academy School . The area

is intended to allow for residential uses while encouraging opportunities for

employment and mixed uses. The wetland and adjacent watercourse buffer

will be protected as open space and include trail connections to the

surrounding areas. The area will be connected to Area 2, the nearby

neighbourhood and school through active transportation connections, and by

a public street that connect[s] the Woodside Industrial Park to Fenwick

Street.

It is envisioned that Area 1 and Area 2 will proceed under one development

agreement, while Area 3 may proceed under a separate development agreement.

Policy F-12

When considering one or more Development Agreements for the Southdale Future

Growth Node, Council shall consider the following:

1. That the transportation network within the site prioritizes pedestrian safety

and comfort, walking, the easy use of mobility devices, cycling, and transit

use, by creating a street and pedestrian pathway network as generally shown

on Map 25;

2. Site and building design that supports a compact, mixed-use neighbourhood,

with built forms and land uses as generally shown on Map 25 and by:

(

i) generally meeting the built form and land use regulations as set out in

the Land Use By-law,

(ii) building and open space design that complements parks and open

spaces and contributes to an active and vibrant public realm;

(iii) identifying strategic view terminus sites to enhance prominent sites;

walkable transportation network and buildings with prominent

pedestrian-oriented entrances; and

(

v) permitting a mix of uses.

3. New parks and public spaces that enhance the public realm and provide

access to recreational opportunities and open space by:

(

i) locating parks and open spaces as focal points for the community to

support the retention of natural space adjacent to the wetland, as

generally shown on Map 25; and

(ii) providing space for a mix of programmed and passive activities,

naturalized areas that support stormwater objectives, and connections

to existing active transportation networks and the wetland via paths

and trails.

4. That environmental protection and climate resiliency objectives are

supported by:

(

i) protecting and preserving the on-site wetland and required

watercourse buffer as passive open space by applying a Protected Area

Zone and considering municipal ownership of the wetland and buffer

space;

(ii) creating a site-specific approach to the watercourse buffer which,

under certain conditions, exceeds the required watercourse buffer

width under the Land Use By-law while providing flexibility for

construction near challenging grades, reinstated slopes, trails and

stormwater management;

(iii) reinstating native vegetation in any areas of the watercourse buffer

removed during the construction of public roads, trails, utilities and

infrastructure;

(iv) developing water quality objectives for the design of on-site stormwater

management with the goal of maintaining wetland function;

(

v) ensuring that any roads through the wetland allow for the throughflow

of water and maintain wetland functions as identified in the baseline

Wetland Ecosystem Services Protocol (WESP) assessment;

(vi) a landscaping plan that supports stormwater capture and filtration,

natural vegetation retention, and the tree canopy targets of the Urban

Forest Master Plan;

(vii) minimizing impermeable surfaces to support stormwater management

and to infiltrate runoff;

(viii) managing the effects of the urban heat island effect by reducing hard

surfaces, providing landscaping near buildings and in parking areas,

encouraging tree retention; and

(ix) providing educational signage or commemorative features on-site

containing information on wetlands, climate change, environmental

stewardship or the area’s history.

5. Supporting housing needs in the municipality by:

(

i) requiring a mix of housing types including semi-detached, four-unit,

townhomes and mid-rise to tall mid-rise multi-unit dwellings;

(ii) allowing for reduced lot frontage, lot area, yards, setbacks and parking

requirements;

(iii) permitting variations to built form requirements in the land use by-law

for maximum building dimensions, streetwalls, ground floor

requirements and grade-related dwelling units to support compact,

ground-oriented development;

(iv) permitting a portion of the required incentive or bonus zoning public

benefit to be provided as on-site affordable housing or land

contributions; and

(

v) collaborating with other levels of government and the private sector on

delivering specific housing outcomes.

6. That Area 1:

(

i) consists primarily of low-rise residential uses with mid-rise mixed-use

development permitted on select sites that meet the maximum height

requirements of Canadian Forces Base Shearwater Airfield Zoning

Regulations;

(ii) includes variation in the design of low-density dwellings;

(iii) provides a landscaped buffer between Highway 111 and the

development;

(iv) provides built-form transitions to adjacent development in existing

neighbourhoods;

(

v) manages surface parking and driveways to prioritize pedestrian

movement and safety; and

(vi) provides pedestrian access to the wetland for passive recreation.

7. That Area 2:

(

i) consists of mid-rise to tall mid-rise buildings that meet the maximum

height requirements of Canadian Forces Base Shearwater Airfield

Zoning Regulations;

(ii) creates a gateway to the development by orienting buildings towards

the street and locating buildings close to the streetline;

(iii) includes a public road connection between Area 1 and Mount Hope

Avenue; and

(iv) mitigates potential land use conflicts with Highway 111 and nearby

industrial uses with through landscaped buffers and setbacks.

8. That Area 3:

(

i) consists of low-rise buildings near Dartmouth South Academy and

nearby neighbourhoods and mid-rise to tall mid-rise buildings closer to

the Woodside Industrial Park

(ii) provides a culture and heritage assessment that identifies and evaluates

culture and heritage resources located on or adjacent to the lands;

(iii) provides neighbourhood-supportive uses to increase walkability,

provide goods and services to residents and offer employment

opportunities by permitting a mix of uses in all multi-unit buildings;

(iv) manages potential conflicts between the Woodside Industrial Park and

residential buildings through controls of building design, landscaped

buffers, and setbacks;

(

v) requires height transitions to adjacent low-rise neighbourhoods;

(vi) consists of approximately 750 units in Sub-area 3A, and approximately

250 units in Sub-area 3B; and

(vii) phases development to ensure that a public road connection and public

parkland dedication, as shown on Map 25, are provided in early phases

of the development, allowing only limited subdivision and development

without the public road connection and parkland dedication.

2. Insert “Map 25: Future Growth Node Land Use Concept – Southdale Lands”

immediately following “Map 24: Site A and Site B – Spring Garden Road and Robie

Street Special Area”

This order is effective on and after the date of this order.

Dated and made October 18, 2022, at Halifax, Halifax Regional Municipality, Province of

Nova Scotia.

sgd. John Lohr

Honourable John Lohr

Minister of Municipal Affairs and Housing

Legislative History

Reference Tables

Southdale-Mount Hope Special Planning Area Amendment

Order

N.S. Reg.

238/2022

Housing in the Halifax Regional Municipality Act

Note: The

information in these tables does not form part of the regulations and is

compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the Southdale-Mount Hope Special Planning Area Amendment Order made

under the Housing in the Halifax Regional Municipality Act includes all of the following regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

238/2022

Oct 18, 2022

date specified

Nov 4, 2022

The following regulations are not

yet in force and are not included in the current consolidation:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

*See subsection 3(6) of the Regulations Act for

rules about in force dates of regulations.

Amendments by Provision

ad. = added

am. = amended

fc. = fee change

ra. = reassigned

rep. = repealed

rs . = repealed and substituted

Provision affected

How affected

..........................................................

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections

Note

Effective

date

Repealed and Superseded

N.S.

Regulation

Title

In force

date

Repealed

date

Note: Only

regulations that are specifically repealed and replaced appear in this

table. It may not reflect the entire

history of regulations on this subject matter.

Document details

CollectionNova Scotia — Regulations
CitationN.S. Reg. 238/2022
Date2022-01-01
Typeregulation
Volume / chapterjust regulations regs spasouthdalemounthopeamend.htm
Languageen
Formathtm
SourcePROVINCIAL
Identifierc5f2536757958fd5fd5d2c9060e3b386e51d9d3a

Source file is stored in the law ingest library (htm).