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Home My Public Portal About2022-05-11_CV_Land Use By-law_OfficialVersion ____________________________________________________ Planning Department 1 CHESTER VILLAGE AREA REVISED LAND USE BY-LAW Effective 28 January 2004 This CONSOLIDATED EDITION is prepared for convenience only. For complete reference, please consult the original documents. This CONSOLIDATED EDITION has the following history: . 1) Effective 28 January 2004 From the documents approved by Council on 1 December 2003, reviewed by Services Nova Scotia and Municipal Relations, and advertised on 28 January 2004. 2) Amended 7 April 2004 To replace Part 15 on Signs and definition 16.80 SIGNS. 3) Amended 27 June 2006 At Schedule “A” the Zoning Map to include all of the lot behind 30 Maplewood Drive in the HC Zone. 4) Amended 4 July 2006 At Section 5.3.3, Table “B” to increase island lot areas and frontage requirements 5) Amended 30 Jan. 2007 At Part 11 to reduce wharf width to 12 feet and require review by Federal and Provincial agencies. 6) Amended 18 April 2007 At Schedule A1 and Schedule A2 to change the zoning of 157 Duke Street to Institutional. 7) Amended 6 June 2007 Various Housekeeping amendments. 8) Amended 3 July 2007 Section 4.4.6, 11.4, 4.4.18 to protect estuaries and historic structures. 9) Amended 15 April 2008 At Schedule A1 and Schedule A2 to change the zoning of 157 Duke Street to Residential. 10) Amended 10 June 2008 At Section 5.4 to further restrict development in the Waterfront Residential Zone. 11) Amended 20 October 2009 At Section 9.2 to require all Commercial, Industrial and Institutional developments in the Rural Zone to use the Site Plan Process. 12) Amended 14 June 2011 At Section 6.3.9 to require site plans for expansion as well as new commercial buildings over 3200 sq. ft. At schedules A1 and A2 to change #205 Duke Street from LR to HC zone. 13) Amended 11 April 2012 At Sub-Section 2.20, Sub-Section 4.5.14 and Section 5.4 to allow use of variance in the WR Zone and to increase the distance for notification. 14) Amended 25 April 2012 Delete Section 4.4.17 and amend Section 4.5.12 on Telecommunications Towers. ____________________________________________________ Planning Department 2 15) Amended 23 May 2012 Multiple amendments to put Highway 3 Streetscape Study into effect. 16) Amended 21 November 2012 At Section 4.4.4 to remove truck boxes Amendments to the Protected Watershed Zone at Section 4.5.2. At Section 12.2.5 to amend Special Requirement for Accessory Structures and Storage Buildings 17) Amended 25 April 2013 At Section 6.3.1 (a) amend “with exception of Parking Lots.” At Section 8.2.1 amend by deleting “health care offices” from list of permitted development and adding “medical clinics”. At Schedule D-1 amend by deleting Guideline 8. 18) Amended 30 January 2014 Housekeeping Amendments re: 14 Union Street; 52, 54 Duke St and 37 Water St.; Public Building permitted use; and Subdivision of semi- detached dwellings. 18) Amended 27 April 2016 At Section 4.4.19 to acknowledge Federal jurisdiction over use of land for radiocommunications facilities and state process for review. 19) Amended 31 August 2016 Section 6.3.8B is added to allow cupolas on institutional buildings to so that the height of the cupola shall not exceed more than 4.6m (15 ft.) from the top of the roof. Section 16.14a is added to the definitions to define Cupola 20) Amended 04 April 2017 Sections 4.4.4, 4.4.4A and 6.3.5, 6.3.5A amended/added to allow shipping containers for non-residential uses, within portions of the Highway Commercial Zone. Section 16.79A added to the definitions to define Shipping Container 21) Amended 20 April 2017 Section 4.4.20 added to enforce architectural controls for mobile homes from development permit instead of site plan approval. 22) Amended 20 April 2017 Section 9.2.2 and Section 9.2.6 amended/added in order to allow kennels as a permitted use in Rural Zone. Section 16.39a is added to the definitions to define Kennel 23) Amended 10 May 2017 Section 4.6.2 amended and Section 4.10A added to exempt signs, small additions, small accessory structures and changes of use from the site design guidelines and site plan approval process for the Highway 3 Site Plan Area and to rearrange the side design guideline schedules. 24) Amended 17 May 2017 Housekeeping amendment to change Highway 3 Site Plan Approval Area with Highway 3 Development Area and Architectural Control Areas to Design Control Areas. ____________________________________________________ Planning Department 3 25) Amended 07 Dec 2017 Impose a size limit to shipping containers and prohibit the use of refrigerated shipping containers 26) Amended 07 Feb 2018 Amendment to map Map A-3 Map Amendment, removing Rural Commercial Overlay from properties within the Chester Village Boundary. 27) Amended 11 April 2018 Amendment to change the regulations and requirements for portable signs within the Chester Village Boundary. 28) Amended 27 June 2018 Amendments to clarify and add regulations to allow off-site parking within the Central Commercial Zone. 29) Amended 09 January 2020 Amendments to reduce the Chester Village Planning Boundary to align with the Chester Village Municipal Boundary 30) Amended 05 August 2021 Amendments to reduce Minimum Lot Size in Rural Zone, to be replaced with minimum lot size required by Nova Scotia Environment for installation of an approved on-site septic system 31) Amended 02 September 2021 Amendment to permit and regulate a new category of signs “drive- through menu board”, which may include the use internal of internal illumination and digital technology 32) Amended 02 February 2022 Amendment to permit residential structures containing 5-10 dwelling units by Development Agreement in the Central Commercial Zone 33) Amended 11 May 2022 Amendments to permit Illuminated Signs in the Highway Commercial Zone. ____________________________________________________ Planning Department 4 CONTENTS PART 1 TITLE, PURPOSE AND SCOPE .................................................................................................................... 6 PART 2 ADMINISTRATION ....................................................................................................................................... 7 PART 3 INTERPRETATION OF ZONES, MAPS, SYMBOLS AND WORDS ....................................................... 11 PART 4 GENERAL PROVISIONS FOR ALL ZONES ............................................................................................. 13 4.1 APPLICATION ............................................................................................................................... 13 4.2 PARKING AND LOADING ........................................................................................................... 13 4.3 SIGNS ............................................................................................................................................. 13 4.4 RESTRICTIONS AND PROHIBITIONS ....................................................................................... 14 4.5 WAIVERS AND EXEMPTIONS ................................................................................................... 17 4.6 ARCHITECTURAL CONTROL .................................................................................................... 22 4.7 MULTI-UNIT DWELLING SITE PLANS ..................................................................................... 24 4.8 MOBILE HOME SITE PLANS ...................................................................................................... 25 4.9 COMMERCIAL, INDUSTRIAL AND INSTITUTIONAL SITE PLANS ..................................... 26 4.10 HIGHWAY 3 DEVELOPMENT AREA ........................................................................................ 28 4.10A HIGHWAY 3 DEVELOPMENT AREA EXEMPTIONS .............................................................. 29 4.11 HIGHWAY 3 ARCHITECTURAL CONTROLS ........................................................................... 29 PART 5 RESIDENTIAL ZONES ................................................................................................................................ 30 5.1 GENERAL REQUIREMENTS FOR RESIDENTIAL ZONES...................................................... 30 5.2 LOW DENSITY RESIDENTIAL (LR) ZONE ............................................................................... 31 5.3 ESTATE RESIDENTIAL (ER) ZONE ........................................................................................... 33 5.4 WATERFRONT RESIDENTIAL (WR) ZONE ............................................................................. 35 5.5 SINGLE UNIT RESIDENTIAL (SR) ZONE.................................................................................. 37 5.6 CENTRAL VILLAGE RESIDENTIAL (CVR) ZONE .................................................................. 39 5.7 MEDIUM DENSITY RESIDENTIAL (MR) ZONE ...................................................................... 41 PART 6 COMMERCIAL ZONES ............................................................................................................................... 43 6.1 GENERAL REQUIREMENTS FOR COMMERCIAL ZONES .................................................... 43 6.2 CENTRAL COMMERCIAL (C) ZONE ......................................................................................... 44 6.3 HIGHWAY COMMERCIAL (HC) ZONE ..................................................................................... 47 6.4 SPECIAL COMMERCIAL "A" (SCA) ZONE ............................................................................... 51 6.5 SPECIAL COMMERCIAL "B" (SCB) ZONE ............................................................................... 52 PART 7 INDUSTRIAL ZONES .................................................................................................................................. 53 7.1 GENERAL REQUIREMENTS FOR INDUSTRIAL ZONES........................................................ 53 7.2 MARINE INDUSTRIAL (MI) ZONE ............................................................................................ 54 PART 8 INSTITUTIONAL ZONES ........................................................................................................................... 55 8.1 GENERAL REQUIREMENTS FOR INSTITUTIONAL ZONES ................................................. 55 8.2 INSTITUTIONAL (I) ZONE .......................................................................................................... 56 8.3 RESTRICTED INSTITUTIONAL (RI) ZONE ............................................................................... 58 PART 9 RURAL ZONES ............................................................................................................................................ 59 9.1 GENERAL REQUIREMENTS FOR RURAL ZONES .................................................................. 59 9.2 RURAL (RU) ZONE ....................................................................................................................... 60 9.3 DELETED ....................................................................................................................................... 63 PART 10 PARK (P) ZONES ....................................................................................................................................... 64 10.1 PERMITTED DEVELOPMENTS .................................................................................................. 64 PART 11 WATER ACCESS (WA) ZONES ............................................................................................................... 65 11.1 PERMITTED DEVELOPMENTS .................................................................................................. 65 11.2 WA ZONE STANDARDS .............................................................................................................. 65 11.3 ABUTTING ZONE REQUIREMENT ............................................................................................ 65 11.4 SPECIAL REQUIREMENT - OTHER PERMISSIONS ................................................................ 65 11.5 WATERCOURSE PROTECTION.................................................................................................. 65 PART 12 DELETED ................................................................................................................................................... 66 12.1 DELETED ....................................................................................................................................... 66 ____________________________________________________ Planning Department 5 12.2 DELETED ....................................................................................................................................... 66 PART 13 DELETED .................................................................................................................................................... 66 13.1 DELETED ....................................................................................................................................... 66 13.2 DELETED ....................................................................................................................................... 66 PART 14 REQUIREMENTS FOR PARKING AND LOADING AREAS ................................................................. 66 14.1 GENERAL REQUIREMENTS FOR PARKING AND LOADING AREAS ................................. 66 14.2 STANDARDS FOR PARKING AREAS ........................................................................................ 67 14.3 STANDARDS FOR LOADING AREAS ....................................................................................... 69 PART 15 SIGNS .......................................................................................................................................................... 70 15.1 GENERAL REQUIREMENTS FOR SIGNS .................................................................................. 70 15.2 SIZE AND LOCATION OF SIGNS ............................................................................................... 73 PART 16 DEFINITIONS ............................................................................................................................................. 79 PART 17 SCHEDULES .................................................................................................................................. 89 SCHEDULE "A(1)" ZONING MAP - 1:10,000 SCALE .............................................................................. 89 SCHEDULE "A(2)" ZONING MAP - 1:5,000 SCALE ................................................................................ 89 SCHEDULE "B" - LIST OF EXISTING ROADS ........................................................................................ 89 SCHEDULE "C" - LIST OF PRIOR EXISTING USES ............................................................................... 90 SCHEDULE D - SITE DESIGN GUIDELINES FOR BASIC DESIGN ...................................................... 92 D - 1 Site Standards .................................................................................................................................. 92 D - 2 Landscape ........................................................................................................................................ 99 SCHEDULE E - SITE DESIGN GUIDELINES FOR LARGE FORMAT DEVELOPMENT .................. 103 E - 1 Site Development ........................................................................................................................... 103 E-2 Pedestrian Amenities ....................................................................................................................... 106 SCHEDULE F – SITE DESIGN GUIDELINES FOR LIGHTING ............................................................ 109 F -1 Lighting ........................................................................................................................................... 109 A. Guidelines for Surface Parking ..................................................................................................... 109 B. Guidelines for Buildings ................................................................................................................ 110 SCHEDULE G - SITE DESIGN GUIDELINES FOR DRIVE-THROUGH SALES ................................. 111 G - 1 Drive-throughs................................................................................................................................ 111 SCHEDULE H - ARCHITECTURAL DESIGN GUIDELINES FOR THE HIGHWAY 3 DEVELOPMENT AREA ............................................................................................................................................ 114 H – 1 General Architectural .................................................................................................................... 114 H – 2 Large Format Architectural .......................................................................................................... 124 ____________________________________________________ Planning Department 6 PART 1 TITLE, PURPOSE AND SCOPE 1.1 This by-law shall be known and may be cited as the "Chester Village Area Land Use By-law" of the Municipality of the District of Chester. 1.2 The purpose of this by-law is to carry out the purpose and intent of the Secondary Planning Strategy for the Village of Chester and the adjacent area (hereafter referred to as the “Planning Strategy”), in accordance with the provisions of the Nova Scotia Municipal Government Act (MGA), Chapter 18, Statutes of Nova Scotia 1998, as amended, by regulating the use of land and the location, size, spacing, character and use of buildings and structures within the Chester Village Area. 1.3 This by-law shall apply to the area of land shown specifically on Schedule "A" consisting of the Village of Chester and surrounding portions of Council Polling Districts Numbers 3 and 7. 1.4 This by-law does not exempt any person from complying with the requirements of other by-laws or regulations in force within the Municipality of Chester or from obtaining any license, permission, permit, authority or approval required thereunder. ____________________________________________________ Planning Department 7 PART 2 ADMINISTRATION 2.1 DEVELOPMENT OFFICER This by-law shall be administered by the Development Officer appointed by the Council of the Municipality of the District of Chester and the Development Officer shall issue development permits under this By-law. 2.2 ACTING DEVELOPMENT OFFICER In the absence or incapacity of the Development Officer, the acting Development Officer appointed by Council shall act in the Development Officer's stead. 2.3 DEVELOPMENT PERMIT REQUIRED The owner of a property shall not undertake, or cause or permit to be undertaken, any development thereon unless a development permit has been issued therefore by the Development Officer and the permit is in force. 2.4 NO PERMIT REQUIRED Notwithstanding section 2.3, no development permit is required in relation to a particular development when such an exception is clearly stated elsewhere in this by-law. 2.5 APPLICATION REQUIRED Every developer wishing to obtain a development permit shall submit an application for such development permit to the Development Officer in the form prescribed from time to time by council. 2.6 CONTENTS OF APPLICATION Every application for a development permit shall be accompanied by a plan drawn to an appropriate scale and showing: i) the true shape and dimension of the lot to be used or upon which it is proposed to construct or locate any structure; ii) the proposed location, height and dimensions of any structure in respect of which the permit is applied for and the locational information shall include measurements of the lot frontage, front, side and rear yards; iii) the location of every structure already constructed, or partly constructed, on such lot and the location of every building or structure existing upon abutting lots; iv) the proposed location and dimensions of parking areas, parking spaces, loading spaces, driveway accesses, curbs, landscaping and fencing; v) the location of every brook, stream, lake, swamp, bog or other watercourse on or abutting the lot; vi) other such information as may be necessary to determine whether or not the proposed development conforms with the requirements of this by-law. ____________________________________________________ Planning Department 8 2.7 SURVEY OF LANDS Where the Development Officer is unable to determine whether the proposed development conforms to this by-law and other by-laws and regulations in force which affect the proposed development, the Development Officer may require that the plans submitted under Section 2.6 be based upon an actual survey by a Nova Scotia Land Surveyor. 2.8 SIGNATURES The application shall be signed by the owner of the lot, or by his agent, and shall set forth in detail the current and proposed use of the lot and each building or structure, or part thereof, together with all information necessary to determine whether or not the proposed development conforms with the requirements of this by- law. 2.9 RIGHT OF ENTRY The Development Officer may enter at all reasonable times into or upon any property within the area to which this Land Use By-law applies for the purpose of any inspection necessary in connection with the administration of the Land Use By-law. 2.10 ISSUANCE OF DEVELOPMENT PERMIT No development permit shall be issued by the Development Officer unless the proposed development meets the requirements of the Land Use By-law, the terms of a development agreement or an approved site plan as provided for by the Municipal Government Act. 2.11 DEVIATIONS No developer shall deviate, or allow deviations to be made, from the description of the proposed development which is contained in the development permit, unless the developer has obtained a new development permit or an amended development permit from the Development Officer. 2.12 LAPSE OF PERMITS Every development permit issued under this Land Use By-law and every development permit issued under any previous Land Use By-law shall automatically lapse, and become null and void, if the development to which it relates has not commenced and eighteen months have passed since its issuance. 2.13 AMEND OR RE-ISSUE When so requested by the developer, the Development Officer may make minor amendments to or may re- issue a development permit which has not lapsed by making an appropriate notation thereon provided that the amended or re-issued permit conforms with the Land Use By-law requirements in effect on the date of the minor amendment or re-issuance. 2.14 REVOCATION OF PERMITS The Development Officer may revoke any development permit issued under this Land Use By-law or any previous Land Use By-law where: i) the requirements of the permit are not met; or ii) the issuance of the permit was based on incorrect information; or iii) the permit was issued in error. ____________________________________________________ Planning Department 9 2.15 DECISION IN WRITING Any decision of the Development Officer to refuse issuance of a development permit shall be given by written notice served by ordinary mail whereas any decisions to revoke a development permit shall be given by written notice served by Registered Mail and the revocation shall become effective upon receipt of such notice. 2.16 VIOLATIONS In the event of any alleged contravention of the provisions of this Land Use By-law, the Municipality of the District of Chester may take action as outlined in Sections 505, 506 and 508 of the Municipal Government Act, as amended from time to time. 2.17 EFFECTIVE DATE This by-law shall take effect upon publication of a notice in the newspaper as required by the Municipal Government Act whereupon any applicable previous Land Use By-law is automatically repealed. 2.18 NOTICE OF AMENDMENT OR AGREEMENT Where the Council has given notice of its intention to adopt an amendment to Schedule "A", (Zoning Map) which is not general in scope but which is in direct response to a specific development proposal, or has given notice of its intention either to enter into a development agreement or to amend a development agreement, the Council shall serve notice of the proposed amendment or development agreement upon assessed property owners whose property lies within 30 metres (100 feet) of the property which is the subject of the proposed amendment or development agreement. Such notice shall: i) set forth a synopsis of the proposed amendment or development agreement; ii) state the date, time, and place set for the public hearing on the amendment or development agreement; iii) be served by ordinary mail; and iv) be sent to the address or addresses maintained in the assessment list. A notice containing the same information shall also be posted on the property which is the subject of the proposed amendment or development agreement. 2.19 COST OF ADVERTISING, NOTICE & REGISTRATION An applicant for an amendment to this by-law or for a development agreement or an amendment thereto shall deposit with the Clerk of the Municipality of Chester an amount estimated by the Clerk to be sufficient to pay the cost of advertising and notices required by the Municipal Government Act and, after the advertising has been completed, the applicant shall pay to the Clerk any additional amount required to defray the cost of advertising, notices and filing at the Registry of Deeds or, if there is a surplus, the Clerk shall refund it to the applicant. 2.20 NOTICE OF VARIANCE OR SITE PLAN APPROVAL Where a variance from the requirements of this by-law has been granted or refused, or a site plan approval has been granted or refused, the Development Officer shall give notice to the persons entitled, and in the manner prescribed by Sections 232-237 of the Municipal Government Act, such notice to be served by ordinary mail. Specifically, the Development Officer shall serve notice of the variance or site plan approval upon assessed property owners whose property lies within 60 metres (200 feet) of the property which is the ____________________________________________________ Planning Department 10 subject of the proposed variance or site plan and such notice shall: i) describe the variance or site plan approval; ii) identify the property where the variance or site plan approval is granted; iii) set out the right to appeal the variance or site plan approval to the Council. iv) be sent to the address or addresses maintained in the assessment list. A notice containing the same information shall also be posted on the property which is the subject of the proposed variance or site plan approval 2.21 COST OF NOTICE OF VARIANCE OR SITE PLAN APPROVAL The Municipality of Chester may recover from the applicant the cost of giving notices referred to in Subsection 2.20. 2.22 APPLICATION FEES An applicant for a development permit, a development agreement, an amendment to the Land Use By-law or the Municipal Planning Strategy, a site plan, or a variance, shall pay the fees prescribed by Council from time to time by policy. ____________________________________________________ Planning Department 11 PART 3 INTERPRETATION OF ZONES, MAPS, SYMBOLS AND WORDS 3.1 ZONES For the purpose of this by-law, the Chester Village Area is divided into the following zones, the boundaries of which are shown on the attached Schedule "A". Such zones are also referred to by symbols as follows: Low Density Residential LR Central Village Residential CVR Estate Residential ER Waterfront Residential WR Single Unit Residential SR Medium Density Residential MR Central Commercial C Highway Commercial HC Special Commercial SCA, SCB, SCC Marine Industrial MI Rural RU Park and Recreation P Institutional I Restricted Institutional RI Water Access WA Conservation Area CA 3.2 REFERENCES ARE INCLUSIVE In this by-law, reference to a zone is deemed to include reference to the permitted uses, special requirements, and regulations of that particular zone. 3.3 ZONING MAP The attached Schedule "A" is titled "Zoning Map" and forms a part of this by-law. 3.4 INTERPRETATION OF ZONE BOUNDARIES The boundaries of zones shall be as shown on Schedule "A" and shall be more precisely located as follows: i) where a zone boundary is shown on or within the boundaries of a street or highway the boundary shall be the centre line of such street or highway as shown; ____________________________________________________ Planning Department 12 ii) where a zone boundary approximately follows property lines the boundary shall follow such property lines; iii) where a street, highway or watercourse is shown on Schedule "A", it shall unless otherwise indicated be included in the zone of the adjoining property on either side thereof; iv) Subject to clause (v) below, where an electrical transmission line right-of-way or watercourse is included on the zoning maps and serves as a boundary between two or more different zones, a line midway on such right-of-way or watercourse and extending in the general direction of the long axis thereof shall be considered the boundary between zones unless specifically indicated otherwise; v) where a zone boundary is indicated as following the shoreline of a lake, ocean or harbour the boundary shall follow the Mean High Water line of the year 1981 as shown on Schedule "A" including wharves and piers, regardless of whether subsequent alterations to the shoreline may have changed the actual mean high water line; vi) where none of these above provisions apply, and where appropriate, the zone boundary shall be scaled from the attached Schedule "A". 3.5 INTERPRETATION OF CERTAIN WORDS In this by-law, words used in the present tense include the future; words in the singular number include the plural; words in the plural include the singular number; the word "used" includes "arranged", "designed or intended to be used"; the word "shall" is mandatory and not permissive. All other words and phrases carry their customary meaning except for those defined in Part 16 of this by-law, entitled "Definitions". 3.6 STANDARDS OF MEASUREMENT The Metric System of Measurement is used throughout this by-law and in all cases represents the required standard. Imperial measurements are approximate only, for convenience only, and are not to be regarded as precise. ____________________________________________________ Planning Department 13 PART 4 GENERAL PROVISIONS FOR ALL ZONES 4.1 APPLICATION The provisions of Part 4 General Provisions for All Zones shall apply to all zones and prevail over all zone requirements except where a zone requirement expressly waives a specific section or specific sections of Part 4. 4.2 PARKING AND LOADING Parking and loading areas shall be provided in accordance with the applicable requirements of Part 14 of this by-law. 4.3 SIGNS All signs shall be subject to the applicable requirements of Part 15 of this by-law. ____________________________________________________ Planning Department 14 4.4 RESTRICTIONS AND PROHIBITIONS 4.4.1 Permitted Uses - Prohibited Uses For the purposes of this by-law, if a development is not listed as permitted in any zone or if it is not accessory to a permitted development in a particular zone, it shall be deemed to be prohibited in that zone, subject to the non-conforming use provisions of the Municipal Government Act. 4.4.2 Structure To Be Moved No structure, residential or otherwise shall be moved within or into the area covered by this by-law without obtaining a development permit from the Development Officer. 4.4.3 Habitation of Vehicles No automobile, truck, bus, coach, street car, recreational vehicle, camper, or other motor vehicle or part thereof, with or without wheels, and no shipping container shall be used for human habitation within the area regulated by this by-law except for the temporary accommodation of private guests. 4.4.4 Storage Buildings No automobile, truck, bus, coach, street car, recreational vehicle, camper, or other motor vehicle or part thereof, with or without wheels, no mobile home as per definition 16.5.2, container, shall be used for the storage or shelter of goods of any description. 4.4.4A DELETED 4.4.5 Canopies And Covered Ways No canopy or covered way shall: (a) project over a Public Highway beyond the curb line or edge of the traveled way; or (b) project over a Public Highway below a height of 3 metres (10 feet) above grade. 4.4.6 Watercourse Protection (a) No structure shall be built within 8 Metres (26 feet) of a watercourse identified on Map 8 of the Planning Strategy including its estuary as defined by the location of the watercourse at extreme low tide. (b) Within 8 Metres (26 feet) of a watercourse identified on Map 8 of the Planning Strategy (including its estuary as defined by the location of the watercourse at extreme low tide), no person shall alter land levels in relation to a development. (c) The Development Officer may grant a variance from the restrictions in subsections (a) and (b) above, and for such purposes the intent of this section of the By-law, in accordance with the Planning Strategy, is: 1. To prevent degradation of the water table recharge areas, which would interfere with their functions of allowing water to enter into the ground, and providing for downstream flood prevention. 2. To prevent the degradation of the natural habitat for plants and animals in and near the watercourses. 3. To allow for the stabilizing of an existing structure. ____________________________________________________ Planning Department 15 4. To allow the Development Officer to consult with the appropriate Provincial authority having jurisdiction on the proposed development and any accompanying infilling. 5. To allow for the construction of wharves no more than 2.5 metres (8 feet) wide and 6 metres (20') long. 4.4.7 Alteration of Land Levels a) No person shall alter land levels with respect to a development by the filling in of land to a depth greater than 0.3 metres (one foot) above the natural ground surface within the minimum yards required in any given zone. b) The Development Officer may grant a variance from the provisions of subsection (a) in accordance with the Planning Strategy, provided that any application is accompanied by plans illustrating existing site conditions and grades (prior to the proposed development)and by plans illustrating proposed site conditions and grades (after the proposed development). 4.4.8 Farm Animals (a) Except for a lot in the Rural Zone, any lot used for the rearing or keeping of a farm animal or farm animals that constitutes one (1) or more farm animals units (see definition) shall have an area no less than 3716 square metres (40,000 sq. ft.) for the first farm animal unit, and an additional 1858 square metres (20,000 sq. ft.) for each additional farm animal unit. (b) In all zones no person shall keep any farm animal or farm animals constituting one or more farm animal units within 30 metres (100 feet) of a dug well or a watercourse. 4.4.9 Multiple Land Use Where any lot is to be used for more than one purpose, all provisions of this by-law relating to each use shall be satisfied. Where there is any conflict, as in the case of lot size or lot frontage, the more stringent standard shall prevail. 4.4.10 Multiple Uses In A Building Where any main building is to be used for more than one purpose and applicable zone requirements are in conflict, the more restrictive zone requirements shall apply. 4.4.11 One Dwelling Per Minimum Size Lot More than one dwelling may be built on a lot only where the lot has sufficient area and frontage to enable the lot to be subdivided into two or more lots which meet all applicable zone requirements and where the dwellings are located on the lot in such a way that new lots may be created around them which meet all applicable area, setback, yard, and frontage or highway access requirements. 4.4.12 Vehicular Access Through Same Zone Vehicular access to any commercial or industrial building or use, from a public street, shall be through the same zone in which the building or use is located. 4.4.13 Existing Uses - Schedule "C" Land uses and associated structures which were in existence on the effective date of this by-law, and which would not otherwise be permitted in the zone in which they are located due to type of use or the size of the ____________________________________________________ Planning Department 16 use shall be listed in Schedule "C" of this by-law. These land uses shall be included as existing land uses in the list of uses permitted in the zone in which they are located, but are permitted to expand or change to another use only in conformity with the zone in which they are located. 4.4.14 Residential Conversions Where permitted in this by-law, conversion of existing buildings to dwellings containing one or more dwelling units shall be subject to the following requirements: i) each dwelling unit shall be self-contained and shall have separate cooking and sanitary facilities; ii) one off-street parking space shall be provided for each dwelling unit. iii) where such conversion involves an addition to an existing structure within the Highway 3 Development Area (shown on SPS Map 7), the provisions of Section 4.10 apply. 4.4.15 Illumination Outdoor lighting fixtures shall use the lowest possible wattage consistent with safety, shall use fixtures which eliminate glare and in particular shall not project any glare or direct illumination onto adjacent properties; 4.4.16 Wind Generators No person shall erect or use any wind-driven electricity generator. 4.4.17 DELETED 4.4.18 Protection of Historic Public Structures (a) The full length of the stone bridge on Victoria Street near the Walker Road is 60 metres (197 feet) measured along the centreline of the roadway on the bridge, being 30 metres ( 98.4 feet) north of a survey marker set on the east side of the bridge (Fogarty Surveys, N 4 933 982.658m, E 5 520 237.634m) and 30 metres (98.4 feet) south of that survey marker, and with reference to this entire length. (i) No structure shall be erected within 15 metres (50 feet) of centreline of the bridge; and (ii) Every Development Permit Application for a structure to be built within 100 feet of the centreline of the bridge shall be accompanied by a certificate from an engineer guaranteeing that the construction process will not damage the structural integrity of the bridge. 4.4.19 Radiocommunications facilities Nothing in the by-law shall prevent the use of land for the installation of radiocommunications facilities that have been issued a license by the Federal Government following due process as prescribed in the Canadian Radiocommunications Information and Notification Service (CRINS) Antenna System Siting Review and Consultation Protocol, Reference Issue 3 [2014] as amended from time to time 4.4.20 Mobile Home Skirting Where a mobile home or any addition thereto is to be supported by piers or posts, it shall be skirted around its entire perimeter with materials which are coordinated with the design of the mobile home. ____________________________________________________ Planning Department 17 4.5 WAIVERS AND EXEMPTIONS 4.5.1 Accessory Uses No development permit shall be required for any use which is accessory to a permitted use. 4.5.2 Accessory Structures Accessory structures shall be permitted in any zone but: i) shall not contain kitchen facilities and shall not be used for human habitation; and ii) shall not be built closer than 1.2 metres (4 feet) to any rear or side lot line except that: a) common semi-detached garages may be centred on the mutual side lot line; and b) accessory buildings with no windows or perforations on the side of the building which faces the said lot line, may be located a minimum of 0.6 metres (2 feet) from the said lot line; and c) with the consent of the property owner below the high water mark, fishing gear sheds, boat houses and boat docks may be built across the lot line when the line corresponds to the water's edge; and d) special requirements apply to accessory structures in the Estate Residential zone (see Subsection 5.3.6), the Waterfront Residential Zone (Subsection 5.4.4), the Water Access Zone (Subsection 11.2). iii) shall not be located or built within 1.5 metres (5 feet) of the main building, except that a fence or wall may join an accessory structure with a main building; iv) accessory structures in the Inner Architectural Control Areas are subject to the requirements of Section 4.6 v) accessory structures in the Highway 3 Development Area are subject to the requirements of Section 4.10 4.5.2A In addition to the requirements of 4.5.2, outdoor wood furnaces shall be located a minimum of 45 metres (150 feet) from any lot line and 90 meters (300 feet) from dwellings on adjacent lots, shall not have a chimney height lower than the eaves of the building which it serves, but in any case not lower than 5 meters (16 feet), and shall be kept locked when unattended. 4.5.3 Minor Accessory Structures No development permit shall be required for miscellaneous minor accessory structures such as, by way of example but not to limit the generality of the foregoing: retaining walls; children's play structures; cold frames; garden trellises; clothes line poles; pet houses; monuments; and interpretive displays. 4.5.4 Private Storage Where there is no other main building on the lot, private storage buildings, including but not limited to private garages, private boathouses, and fishing gear sheds, shall be permitted in any zone subject to the zone standards for yards. ____________________________________________________ Planning Department 18 4.5.5 Construction Accessories Nothing in this by-law shall prevent the use of land or the use or erection of temporary structures incidental to construction, such as but not limited to, a construction camp, tool shed, scaffold, sales office or rental office incidental to construction and no development permit for such temporary uses or structures shall be required, provided that a development permit for the main structure under construction has been issued. Such temporary use shall be terminated no more than sixty (60) days after the completion of the construction of the main structure. 4.5.6 Special Occasions (a) Nothing in this by-law shall prevent the use of land or the erection of temporary buildings, structures or signs for special occasions and holidays not to exceed two weeks in duration and no development permit shall be required for such temporary uses, provided that such uses or structures remain in place for no more than seven (7) days following the termination of the special occasion or holiday. (b) Nothing in this by-law shall prevent the use of land, the use of structures or the erection of signs during and for the purposes of municipal, provincial or federal election campaigns provided such uses are terminated and such signs are removed within seven (7) days following the election. 4.5.7 Uses Permitted In All Zones Public Streets, Public Utilities, Public parks, private parks, and cemeteries shall be permitted in any zone, and structures within them shall be subject to the requirements of Section 8.2 and of Section 4.1. 4.5.8 Lots Lacking Minimum Area Or Frontage Notwithstanding minimum lot area requirements and lot frontage requirements established elsewhere in this by-law, a lot which does not satisfy these minimum requirements for lot area, lot frontage, or both; and either was in existence on or before 16 April, 1987 (see MGA Sec. 291) or satisfies one or more of the following requirements (i) to (v) may be used for a purpose permitted in the zone in which the lot is located, and a structure may be erected on the lot, provided that all other applicable provisions of this by-law except for the minimum lot area and frontage requirement, are satisfied: i) The lot has been created after 16 April, 1987 by the consolidation of two or more lots, by the expansion or increase in size of an existing lot, by subdivision under the variance provisions of the Municipal Government Act or by an instrument to which the Municipal Government Act does not apply; or ii) The lot is located upon an island, in which case the required frontage shall be measured either along the Ordinary High Water Mark or along a right-of-way at least 6 metres (20 feet) wide to the ocean; or iii) No part of the lot is located in the Protected Watershed Zone and the lot has access to a public street by means of a right-of-way of no less than 20 metres (66 feet) in width in which case the required frontage shall be measured along the boundary of the right-of-way; or iv) No part of the lot is located in the Protected Watershed Zone and the lot has access to a public street by means of a right-of-way listed both in Schedule "B" to the Subdivision By-law and Schedule "B" to this Land Use By-law, in which case the required frontage shall be measured along the boundary of the right-of-way; or ____________________________________________________ Planning Department 19 v) No part of the lot is located in the Protected Watershed Zone and the lot has access to the public street by means of a right-of-way at least 3.6 metres (12 feet) in width in accordance with Policy 5.2.2 of the Planning Strategy. 4.5.9 Conformity with Existing Setbacks Notwithstanding setback requirements established elsewhere in this by-law, a building to be constructed between existing buildings, may be built with a front yard equal to or greater than the average front yard of any immediately adjacent buildings on either side, provided that the proposed building shall not encroach upon any public street right-of-way, and further provided that the immediately adjacent buildings are within 30 metres (100 feet) of the building to be constructed. This provision does not apply within the Highway 3 Development Area shown on SPS Map 7. 4.5.10 Existing Structures Where a structure which is not a sign has been erected on or before the effective date of this by-law, or subsequently in accordance with a development permit, with less than the minimum front yard, flankage yard, side yard, rear yard or any other open space required by this by-law, or on a lot having less than the minimum area or frontage, the structure may be used as permitted in the zone in which the structure is situated; and , provided that the application for a development permit is supported by a location certificate or survey plan showing the location of the structure in relation to the boundaries of the property, the structure may be: i) enlarged, reconstructed, repaired, renovated, or replaced by a new structure, provided that the structure shall not thereby be permitted to extend or increase any existing encroachment into the minimum front, flankage, side or rear yard required in that zone except by the operation of Subsection 4.5.14. ii) relocated, provided no encroachment into the minimum front, flankage side, or rear yard required in that zone shall be permitted except by the operation of Subsection 4.5.14. 4.5.11 Restoration to a Safe Condition Nothing in this by-law shall prevent the strengthening or restoring to a safe condition of any structure, provided in the case of a non-conforming use the provisions of the Municipal Government Act shall prevail. 4.5.12 Height Regulations The height regulations of this by-law shall not apply to spires on a church, public utility water tanks, flagpoles, telecommunications towers or chimneys. 4.5.13 Small Scale Business Uses Permitted In all zones, any lot used for residential purposes may be used for small scale business purposes provided that all of the following requirements are satisfied: i) the business shall be located in a dwelling unit on the same lot as the residential use or in an accessory building on the same lot as the residential use; ii) the owner of the business shall live in the main residence on the property; ____________________________________________________ Planning Department 20 iii) subject to limitations on the uses permitted in particular zones as specified elsewhere in this by-law, the business use shall fall within one of the following types of uses: a) Offices b) Boarding or Rooming Houses c) Craft Workshops d) Guest Houses e) Personal Service Shops f) Studios for the practice or instruction of fine arts or crafts g) Repair Shops h) Residential Day Care Centres i) Taxicab Operations iv) retail sales shall be limited to: the sale of products made, assembled, refinished, or repaired on the premises; and the sale of any goods or materials used in any of the processes involved in the primary business use; v) the business use shall occupy a total of no more than 37 sq. m. (400 sq. ft.) or 25 percent of the floor area of the dwelling, whichever is less, except for Guest Houses, where the maximum size of the business shall be three (3) rental units, and except for boarding houses, where the maximum number of boarders or roomers shall be three (3). v) a minimum of two (2) off-street, customer parking spaces shall be provided on the lot, in addition to the space required for the residence itself; vi) there shall not be more than one (1) sign on the lot related to the business use. The sign shall be non- illuminated, shall not exceed 0.5 sq. m. (5 sq. ft.) in area and shall not be a portable sign as specified within this By-law. vii) the use shall not emit noise, odour, dust, light, or radiation that would be a nuisance or is uncustomary in a residential neighbourhood and, on the lot, there shall be no open storage or outdoor display of materials or products related to the business use; viii) no more than two (2) commercial vehicles including taxicabs related to the business use shall be kept upon or operated from the lot on which the business is located; ix) the use shall not include an animal shelter or animal hospital. 4.5.13A Yard Sales Nothing in this by-law shall prevent retail sales events accessory to residential uses provided that: (a) articles for sale shall include only the tangible personal property of the residents conducting the sale; (b) there shall be no more than four such retail sales events on any property during each year; (c) no such retail sales event shall last longer than four consecutive days; and (d) retail sales shall be conducted only during daylight hours between sunrise and sunset. 4.5.14 Variance From Minimum Requirements (a) In accordance with the Planning Strategy, the Development Officer may grant a variance from the requirements of this by-law for the number of parking or loading spaces required the ground area and height of a structure, the floor area occupied by a home-based business, and the height and area of a sign. (b) In accordance with the provisions of Section 235 of the MGA the Development Officer may grant a variance from the requirements of this by-law for the percentage of land that may be built upon, size or other requirements relating to yards, lot area, and lot frontage. ____________________________________________________ Planning Department 21 (c) In considering these variances, the intent of the Land Use By-law is to carry out the policies expressed in the Planning Strategy, and no variance shall be issued unless the development permit application is supported by a location certificate or survey plan showing the location of the parking area, loading area and structures in relation to the property boundaries. 4.5.15 Fences Subject to special requirements in the Waterfront Residential (WR) Zone and the Central Village Residential (CVR) Zone: a) Fences 2 metres (6 feet) or less in height are minor accessory structures for which no development permit is required; b) Fences greater than 2 metres (6 feet) in height but less than 3 metres (10 feet) in height are accessory structures subject to the requirements of Subsection 4.5.2; a) Fences 3 metres (10 feet) or greater in height are structures subject to the applicable yard requirements of the zone in which they are located. 4.5.16 Mobile Homes and Mini-homes Mobile homes and mini-homes are not permitted within the Inner Residential Area shown on SPS Map 6, Residential Areas. ____________________________________________________ Planning Department 22 4.6 ARCHITECTURAL CONTROL 4.6.1 Inner Architectural Control Area (a) Appearance of Structures Within the Inner Architectural Control Area designated on Planning Strategy Map 7, Design Control Areas: (i) Steel arch buildings over 20 sq.m. (216 sq.ft.) in floor area are not permitted. (ii) the public facades of structures over 20 sq. m. (216 sq. ft.) in floor area shall be chiefly clad in materials with a horizontal orientation, such as shingles, clapboards or similar siding, brick or stone so that vertical siding or roofing materials do not dominate. (iii) any new building with a footprint (ground floor area) greater than 140 sq.m. (1500 sq.ft.) shall have varied massing comprised of a main building form with added wings, ells, porches, etc., joined to the main building form under varied roof lines. The composition of these features shall have the effect of breaking up the overall visual mass of the building into smaller components, reducing apparent bulk, adding visual interest, and creating an intimate scale. (iv) In addition to all other requirements, alterations to a public facade of any existing structure of more than 20 sq. metres (216 sq. ft.) in total floor area shall either be similar to the existing character of the structure with respect to roof pitch, wall and roof cladding materials, and massing, or shall conform with the requirements of Clauses (i to iii) above. (v) Internally lit signs are not permitted. (b) Accessory Structures (i) Any new accessory structure shall not exceed 65% of the footprint (ground floor area) of the principal structure on a lot; and (ii) No accessory structure shall exceed 6 metres (19.68 feet) in height (iii) Accessory structures shall satisfy the requirements of Subsection 4.6.1 (a) above. (c) Two-unit Dwellings Any two-unit dwelling shall: i) meet the requirements of clause (a), regardless of its footprint area; and ii) have the entrances to each dwelling unit located in separate masses so that the entrances appear to be in different sections of the building. (d) Mobile Homes and Mini-Homes (i) Mobile Homes and Mini-homes are not permitted. ____________________________________________________ Planning Department 23 4.6.2 Highway 3 Development Area The appearance of new structures and alterations to existing structures within the Highway 3 Development Area shown on SPS Map 7 is subject to the Site Design Guidelines as set out in schedules D to G of the Land Use By-law. ____________________________________________________ Planning Department 24 4.7 MULTI-UNIT DWELLING SITE PLANS Any form of residential development not otherwise permitted and containing no more than twelve (12) dwelling units shall be permitted subject to the following, in addition to all other applicable requirements of this by-law: a) approval by the authority having jurisdiction for sewage disposal either by an on-site sewage disposal system, or by connection to a municipal central sewer, or by connection to a sewage disposal system satisfying the design and construction requirements of the Municipal Specifications adopted by Council; b) approval by the authority having jurisdiction for access to any public street, adequacy of sight distances, driveway entrances, traffic safety, and any other traffic concerns, including pedestrian safety; c) approval by the Development Officer of a site plan, where the following matters are addressed: i. new buildings and additions to existing buildings shall be located within the permissible building envelope as far away as possible from existing development on adjacent lots. ii. existing vegetation shall be retained and incorporated into the site landscaping except where its removal is essential for construction of the development; iii. landscaping consisting of a combination of trees, shrubs, plants or grass shall be provided, or retained in the form of existing vegetation, in the front, side and rear yards, exclusive of parking, driveways and pedestrian walkways, and a minimum of 25% of the total land area shall be so landscaped; iv. parking areas shall be designed with pedestrian walkways to facilitate safe access between building(s) and vehicle parking and maneuvering areas; v. driveways, parking areas, and any outside storage areas shall be surfaced with stable materials to prevent dust from blowing onto adjacent properties. vi. parking areas and any outside storage areas shall be screened from adjacent properties and from the public street by a fence at least four feet high or an equivalent combination of berms or landscaping; vii. measures including lot grading shall be required to adequately dispose of storm and surface water; viii. the applicant shall enter into a written undertaking to carry out the terms of the site plan. ix. Outdoor lighting fixtures shall use the lowest possible wattage consistent with safety, shall use fixtures which eliminate glare and in particular shall not project any glare or direct illumination onto adjacent properties; x. fire vehicle access and on-site fire protection measures such as water supply; xi. composting, recycling and waste disposal facilities; xii. the development does not exceed a density of greater than 7.5 dwelling units per acre ____________________________________________________ Planning Department 25 4.8 MOBILE HOME SITE PLANS Mobile homes for residential use on individual lots are not permitted within the Chester Village Area except within the Outer Residential Area shown on SPS map 6 and only where the zone requirements specifically allow them subject to approval by the Development Officer of a site plan where the following matters are addressed: a) the mobile home shall not be situated on a lot which is adjacent to, behind, or directly across a street from a lot on which another mobile home is situated or to be situated; b) the lot on which the mobile home is to be situated shall meet or exceed the minimum lot size and minimum yard requirements of the zone in which it is located; c) the mobile home shall be located within the permissible building envelope as far away as possible from existing development on adjacent lots; d) DELETED e) existing vegetation shall be retained and incorporated into the site landscaping except where its removal is essential for placement of the mobile home; f) the lot on which the mobile home is to be situated shall be landscaped with existing vegetation or new plantings, as appropriate, in a manner which is compatible with surrounding properties; g) the applicant shall enter into a written undertaking to carry out the terms of the site plan. ____________________________________________________ Planning Department 26 4.9 COMMERCIAL, INDUSTRIAL AND INSTITUTIONAL SITE PLANS Commercial, Industrial and Institutional developments may be permitted in the Rural Zone subject to the following, in addition to all other applicable requirements of this by-law: a) approval by the authority having jurisdiction for sewage disposal either by an on-site sewage disposal system, or by connection to a municipal central sewer, or by connection to a sewage disposal system satisfying the design and construction requirements of the Municipal Specifications adopted by Council; b) approval by the authority having jurisdiction for access to any public street, adequacy of sight distances, driveway entrances, traffic safety, and any other traffic concerns, including pedestrian safety. c) approval by the Development Officer of a site plan, where the following matters are addressed: i) subject to the physical characteristics of the site, the development shall achieve optimum separation from adjacent properties which are not in Commercial or Industrial use, and screening in the form of fences, vegetation, or berms as appropriate shall be constructed or installed in order to minimize impact on the abutting uses; ii) new buildings and additions to existing buildings shall be located in a manner that aids in screening parking areas and outside storage areas from the street; iii) existing vegetation shall be retained and incorporated into the site landscaping except where its removal is essential for construction of the development; iv) deciduous shade trees minimum six feet high at the time of planting shall be planted at minimum 40 foot intervals along the front property line to reinforce the street edge and visually screen the development from the street, except where existing vegetation is retained for the same purpose; v) parking areas shall be located at the side or rear of any new building and entrances to parking areas from the highway shall be defined by curbs, fences or landscaping; vi) the parking lot layout requirements of section 14.2.4 shall be fully satisfied; vii) where possible, parking areas and access to parking areas from the street shall be integrated with those on adjacent commercial properties to minimize the number of access points from the highway and concentrate traffic into a few well defined entrances; viii) parking areas shall be designed with pedestrian walkways to facilitate safe access between building(s) and vehicle parking and manoeuvring areas; ix) outside storage areas shall be screened from adjacent properties and from the public street by a fence at least four feet high or an equivalent combination of berms or landscaping; x) driveways, parking areas, and any outside storage areas shall be surfaced with stable materials to prevent dust from blowing onto adjacent properties. xi) measures including lot grading shall be required to adequately dispose of storm and surface water; ____________________________________________________ Planning Department 27 xii) the development shall not generate emissions such as noise, dust, radiation, odours, liquids or light to the air, water or ground so as to create a nuisance or health hazard or so as to diminish the development potential, value or quiet enjoyment of properties in the vicinity. xiii) the applicant shall enter into a written undertaking to carry out the terms of the site plan. xiv) Outdoor lighting fixtures shall use the lowest possible wattage consistent with safety, shall use fixtures which eliminate glare and in particular shall not project any glare or direct illumination onto adjacent properties; xv) fire vehicle access and on-site fire protection measures such as water supply. ____________________________________________________ Planning Department 28 4.10 HIGHWAY 3 DEVELOPMENT AREA In accordance with Secondary Planning Strategy Policy 4.3.7, within the Highway 3 Development Area shown on SPS Map 7, those developments which are identified in the zone requirements are permitted subject to the following, in addition to all other requirements of this by-law: a) approval by the authority having jurisdiction for sewage disposal either by an on-site sewage disposal system, or by connection to a municipal central sewer, or by connection to a sewage disposal system satisfying the design and construction requirements of the Municipal Specifications adopted by Council; b) approval by the authority having jurisdiction for access to the public street; c) adequate on-site water supply for domestic consumption; d) Adequate provision for storage of waste materials for recycling, composting and landfill collection; e) a written undertaking by the applicant to carry out the terms of the site plan; f) approval by the Development Officer of a site plan which conforms to the Design Guidelines set out in Schedules D, E, F, and G. ____________________________________________________ Planning Department 29 4.10A HIGHWAY 3 DEVELOPMENT AREA EXEMPTIONS Notwithstanding section 4.10 the following are exempt from the requirements of the Highway 3 Site Design Guidelines: a) Signage; b) Changes of Use, including changes of use with additions provided all additions combined total 100 m2 or less in floor area; c) Accessory Structures where all combined accessory structures on a lot add up to 100 m2 or less in floor area; and a. Where the combined floor area of all accessory structures exceeds 100 m2 the Highway 3 Development Area site design guidelines apply to all new accessory structures that create a combined floor area in excess of 100m2; d) Additions where all combined additions on a lot add up to 100 m2 or less in floor area; and a. Where the combined floor area of all additions exceeds 100 m2 the Highway 3 Development Area site design guidelines apply to all new additions that create a combined floor area in excess of 100m2; and b. Where an addition(s) of 100 m2 or less caused the structure to have a floor area greater than 1394 sq.m the Highway 3 Development Area site design guidelines in Schedules D to G of the Land Use by-law apply. 4.11 HIGHWAY 3 ARCHITECTURAL CONTROLS Within the Highway 3 Development Area, those developments that are identified as subject to section 4.10 shall be subject to the relevant architectural controls found in Schedule H. ____________________________________________________ Planning Department 30 PART 5 RESIDENTIAL ZONES 5.1 GENERAL REQUIREMENTS FOR RESIDENTIAL ZONES 5.1.1 Application The provisions of this part shall apply to the Low Density Residential (LR), Estate Residential (ER), Waterfront Residential (WR), Single Unit Residential (SR) and Central Village residential (CVR) zones and other zones as specified in this by-law. ____________________________________________________ Planning Department 31 5.2 LOW DENSITY RESIDENTIAL (LR) ZONE 5.2.1 Permitted Developments a) Developments Permitted subject to LR Zone Standards i) Single Unit Dwellings ii) Two Unit Dwellings iii) Parks iv) Existing Mobile Homes listed on Schedule "C" v) Existing Multi-unit dwellings listed on Schedule "C". vi) Existing contractors workshops listed in Schedule “C”. vii) Group Homes b) Developments Permitted Subject to Other Requirements of this by-law i) Residential Conversions containing a maximum of four (4) dwelling units, subject to the requirements of Subsection 4.4.14; ii) Small Scale Business uses subject to the requirements of Subsection 4.5.13. iii) Any form of residential development not otherwise permitted, containing no more than twelve dwelling units, located in the “Outer Residential Area” identified on Planning Strategy Map 6, Residential Areas and in accordance with the requirements of Section 4.7 unless within the Highway 3 Development Area shown on SPS Map 7, in which case the requirements of Section 4.10 apply. iv) Mobile homes located only in the "Outer Residential Area" identified on Planning Strategy Map 6, Residential Areas and in accordance with the requirements of Section 4.8. (v) Under Section 4.5.16, mobile homes and mini-homes are permitted only in the Outer Residential Area. 5.2.2 LR Zone Standards All structures shall conform with the following standards except that two dwelling units forming a two-unit dwelling may be built to the common side or rear lot line. Minimum Front Yard 3 m. (9.8 ft.) Minimum Side Yard 1.5 m. (5 ft.) Minimum Flankage Yard 3 m. (9.8 ft.) Minimum Rear Yard 1.5 m. (5 ft.) Maximum Height of Structures 10 m.( 33 ft.) Minimum Distance between main building on adjacent lots 3 m. (10 ft.) Maximum Number of Dwelling Units Per Structure, except where approved under section 5.2.1 (b) (iii). 4 ____________________________________________________ Planning Department 32 5.2.3 LR Zone Lot Sizes (for new lots) Two Unit Dwellings All Other Structures Minimum lot area with central sewer 372 sq. m. (4,000 sq. ft.) per dwelling unit 744 sq. m. (8,000 sq. ft.) Minimum lot area for waterfront lots with no central sewer 3716 sq. m. (40,000 sq. ft.) or greater as required under NS regulations respecting on-site sewage disposal 3716 sq. m. (40,000 sq. ft.) or greater as required under NS regulations respecting on-site sewage disposal Minimum lot area for all other lots with no central sewer 2700 sq. m. (29,062 sq. ft.) or greater as required under NS regulations respecting on-site sewage disposal 2700 sq. m. (29,062 sq. ft.) or greater as required under NS regulations respecting on-site sewage disposal Minimum lot frontage 6 m. (20 ft.) 6 m. (20 ft.) 5.2.4 Special Circumstances The provisions of Section 4.5 apply to lot areas, lot frontages and yard standards in certain circumstances as set out in that section. ____________________________________________________ Planning Department 33 5.3 ESTATE RESIDENTIAL (ER) ZONE 5.3.1 Permitted Developments a) Developments Permitted Subject to ER Zone Standards Single Unit Dwellings excluding mobile homes and mini homes; Parks b) Developments Permitted Subject to Other Requirements of this by-law i) Small Scale Business uses subject to the requirements of Subsection 5.3.5. 5.3.2 ER Zone Standards Unless otherwise specified in this by-law, all structures shall conform with the following standards: Minimum Front Yard 7.5 m. (25 ft.) Minimum Side Yard 7.5 m. (25 ft.) Minimum Flankage Yard 7.5 m. (25 ft.) Minimum Rear Yard 7.5 m. (25 ft.) Maximum Height of Structures 10 m. (33 ft.) Minimum distance between main building on adjacent lots 3 m. (10 ft.) Maximum number of dwelling units per structure 1 5.3.3 ER Zone Lot Sizes (for new lots) TABLE ‘A’ - MAINLAND LOTS Minimum lot area with central sewer 3716 sq. m. (40,000 sq. ft.) Minimum lot area with no central sewer 3,716 sq. m. (40,000 sq. ft.) or greater as required under NS regulations respecting on-site sewage disposal Minimum lot frontage 6 m. (20 ft.) ____________________________________________________ Planning Department 34 TABLE ‘B’ - LOTS ON ISLANDS Minimum lot area 40,000 sq. m. (ten acres) Minimum lot frontage on ocean or 20' right-of-way. 152 m. (500 ft.) 5.3.4 Special Circumstances The provisions of Section 4.5 apply to lot areas, lot frontages and yard standards in certain circumstances as set out in that section. 5.3.5 Special requirement: Small Scale Business Uses Subsection 4.5.13 notwithstanding in an Estate Residential Zone, dwellings and accessory buildings may be used for small scale business uses provided that the following requirements are satisfied: i) The owner of the business shall be resident in the main residential building on the lot; ii) The small scale business use shall be restricted to Business and Professional offices only; iii) There shall be no retail sales of any kind; iv) The floor area devoted to the business use shall not exceed 18.5 sq. metres (200 square feet); v) A minimum of two (2) off-street parking spaces shall be provided on the lot in addition to the parking space required for the residence; vi) There shall be no signs on the lot related to the business use; vii) The external appearance of the building shall not be changed by the proposed use. 5.3.6 Special requirements: Setback of Accessory Structures Notwithstanding the requirements of Subsection 4.5.2(ii): i) No accessory structure shall be built closer than 3 metres (9.8 feet) to a side or rear lot line. ii) No accessory structure other than a boathouse shall be built closer than 7.5 m (25 feet) to the mean high water mark. 5.3.7 Special Requirement: Second Dwelling Unit The requirements of Subsection 5.3.2 shall not prevent the construction of a second dwelling unit in any dwelling, provided that the second dwelling unit shall not exceed 56 square metres (600 sq. ft.) in floor area. ____________________________________________________ Planning Department 35 5.4 WATERFRONT RESIDENTIAL (WR) ZONE 5.4.1 Permitted Developments a) Developments Permitted Subject to WR Zone Standards Single Unit Dwellings excluding mobile homes and mini homes Parks Boathouses Garages Wharves and Slipways Existing Institutional Uses and Structures as listed on Schedule "C" Existing Commercial Uses and Structures as listed on Schedule "C" Marine and tourist-related retail businesses in existing structures used for Institutional and Commercial purposes as listed on Schedule “C” Dwelling units in existing structures used for Institutional and Commercial purposes as listed on Schedule “C”, to a maximum of one unit in each structure. b) Developments Permitted Subject to Other Requirements of this by-law i) Small scale business uses, subject to the requirements of Part 4.5.13 c) Developments Permitted by Development Agreement i) Construction of wharves in excess of 3.6 metres (12 feet) wide in accordance with Planning Strategy Policy 4.2.12. 5.4.2 WR Zone Standards Unless otherwise specified in this by-law, all structures shall conform with the following standards: Minimum Front Yard 5 m. (16.5 ft.) Minimum Rear Yard 3.5 m. (12 ft.) Minimum Side Yard 3.5 m. (12 ft.) Maximum Height of Dwellings 7.5 m. (25 ft.) Maximum height of all other structures 4.5 m. (15 ft.) Maximum Number of Dwelling Units per Lot 1 Maximum Total Building Width 20% of lot frontage ____________________________________________________ Planning Department 36 5.4.3 WR Zone Lot Sizes (for new lots) Minimum lot area with central sewer 744 sq. m. (8,000 sq. ft.) Minimum lot area with no central sewer 3716 sq. m. (40,000 sq. ft.) or greater as required under NS regulations respecting on-site sewage disposal Minimum Lot Frontage 6 m. (20 ft.) 5.4.4 Special Requirements - Watercourses The provisions of Subsection 4.5.2 (accessory structures), 4.5.9 (existing setbacks), 4.5.10 (existing structures) and 4.5.2 (WR Zone Standards) shall not allow any structure in the WR Zone to be erected within 15 metres (50 feet) of the High Water Line of the ocean except for wharves, slipways and boathouses, which may be constructed to the High Water Line. 5.4.5 Special Requirement - Setbacks The provisions of Subsection 4.5.9 (existing setbacks), and 4.5.10 (existing structures) do not apply to residential structures in the WR Zone. 5.4.6 Special Requirement - Existing Structures As an exception to the provisions of Subsection 5.4.4 (watercourses) and 5.4.2 (zone standards) existing structures may be reconstructed, repaired, renovated or replaced by a new structure with the same ground floor area, location, shape and orientation, and to the same maximum height, as the existing structure. 5.4.7 Special Requirement - Fences and Walls The provisions of Subsection 4.5.15 (fences) do not apply in the WR Zone, so that fences and walls over 1.2 metres (4 feet) in height shall be regarded as structures for which a development permit is required and which are subject to the zone standards of Subsection 5.4.2. 5.4.8 Special Requirement - Fill In the WR Zone, subject to Planning Strategy Policy 4.2.12, no person shall alter land levels with respect to a development by the filling in of land to a depth greater than 0.3 metres (one foot) above the natural ground surface except for internal ballasting of cribwork and piers essential to wharf construction. 5.4.9 Special Requirement - Wharves Despite the provisions of Subsection 5.4.2 in the WR Zone, wharves may extend into or across the front yard, side yard or flankage yard of a lot, and shall not have a width in excess of 3.6 metres (12 feet) ____________________________________________________ Planning Department 37 5.5 SINGLE UNIT RESIDENTIAL (SR) ZONE 5.5.1 Permitted Developments a) Development Permitted Subject to SR Zone Requirements Single Unit Dwellings, excluding mobile homes and mini homes Parks b) Development Permitted Subject to Other Requirements of this by-law i) Residential Conversions containing a maximum of two (2) dwelling units subject to the requirements of Subsection 4.4.13. ii) Small Scale Business uses subject to the requirements of Subsection 5.5.5. 5.5.2 SR Zone Standards Unless otherwise specified in this by-law, all structures shall conform with the following standards: Minimum Front Yard 3 m. (9.8 ft.) Minimum Side Yard 1.5 m. (5 ft.) Minimum Flankage Yard 3 m. (9.8 ft.) Minimum Rear Yard 1.5 m. (5 ft.) Maximum Height of Structures 10 m. (33 ft.) Minimum distance between main buildings on adjacent lots 3 m. (10 ft.) Maximum number of Dwelling units per structure 2 5.5.3 SR Zone Lot Sizes (for new lots) Minimum lot area with central sewer 744 sq. m. (8,000 sq. ft.) Minimum lot area for waterfront lots with no central sewer 3716 sq. m. (40,000 sq. ft.) or greater as required under NS regulations respecting on-site sewage disposal Minimum lot area for all other lots with no central sewer 2700 sq. m. (29,062 sq. ft.) or greater as required under NS regulations respecting on-site sewage disposal Minimum lot frontage 6 m. (20 ft.) ____________________________________________________ Planning Department 38 5.5.4 Special Circumstances The provisions of Section 4.5 apply to lot areas, lot frontages and yard standards in certain circumstances as set out in that section. 5.5.5 Special requirement: Small Scale Business Uses Subsection 4.5.13 notwithstanding in a Single Unit Residential Zone, dwellings and accessory buildings may be used for small scale business uses provided that the following requirements are satisfied: i) The owner of the business shall be resident in the main residential building on the lot; ii) The small scale business use shall be restricted to Business and Professional offices only; iii) There shall be no retail sales of any kind; iv) The floor area devoted to the business use shall not exceed 18.5 sq. metres (200 square feet); v) A minimum of two (2) off-street parking spaces shall be provided on the lot; vi) There shall be no signs on the lot related to the business use; vii) The external appearance of the building is not changed by the proposed use. ____________________________________________________ Planning Department 39 5.6 CENTRAL VILLAGE RESIDENTIAL (CVR) ZONE 5.6.1 Permitted Developments a) Developments Permitted subject to LR Zone Standards i) Single Unit Dwellings, excluding mobile homes and mini homes ii) Parks iii) Existing Multi-unit dwellings listed on Schedule "C". iv) Group Homes b) Developments Permitted Subject to Other Requirements of this by-law i) Residential Conversions containing a maximum of two (2) dwelling units, subject to the requirements of Subsection 4.4.14; ii) New Two-Unit Dwellings subject to the requirements of Subsection 5.6.6 iii) Small Scale Business uses subject to the requirements of Subsection 4.5.13. 5.6.2 CVR Zone Standards All structures shall conform with the following standards except that two dwelling units forming a two-unit dwelling may be built to the common side or rear lot line. Full lot or larger Full lot to half lot Half lot to quarter lot Smaller than quarter lot Lots over 1,533 sq.m (16,500 sq.ft) Lots 1,618 to 743 sq. m.(8,000 sq.ft.) Lots 743 sq.m to 372 sq. m. Lots under 372 sq.m ( 4,000 sq.ft.) Minimum Front Yard 3 m. (9.8 ft.) 3 m. (9.8 ft.) 3 m. (9.8 ft.) 3 m. (9.8 ft.) Minimum Side Yard 3 m. (9.8 ft.) 3 m. (9.8 ft.) 3 m (9.8 ft.) 3 m (9.8 ft.) Minimum Flankage Yard 3 m. (9.8 ft.) 3 m. (9.8 ft.) 3 m. (9.8 ft.) 3 m. (9.8 ft.) Minimum Rear Yard 3 m. (9.8 ft.) 3 m. (9.8 ft.) 3 m. (9.8 ft.) 3 m. (9.8 ft.) Maximum Height of Structures 10 m. (33 ft.) 10 m. (33 ft.) 10 m. (33 ft.) 10 m. (33 ft.) Minimum Distance between main building on adjacent lots 6 m. (20 ft.) 6 m. (20 ft.) 6 m. (20 ft.) 6 m. (20 ft.) Maximum Number of Dwelling Units Per Structure 2 2 2 2 Maximum % lot coverage 15% 20% 30% 40% ____________________________________________________ Planning Department 40 5.6.3 CVR Zone Lot Sizes (for new lots) New Two Unit Dwellings All Other Structures Minimum lot area with central sewer 372 sq. m. (4,000 sq. ft.) per dwelling unit 744 sq. m. (8,000 sq. ft.) Minimum lot area for waterfront lots with no central sewer 3716 sq. m. (40,000 sq. ft.) or greater as required under NS regulations respecting on-site sewage disposal 3716 sq. m. (40,000 sq. ft.) or greater as required under NS regulations respecting on-site sewage disposal Minimum lot area for all other lots with no central sewer 2700 sq. m. (29,062 sq. ft.) or greater as required under NS regulations respecting on-site sewage disposal 2700 sq. m. (29,062 sq. ft.) or greater as required under NS regulations respecting on-site sewage disposal Minimum lot frontage 6 m. (20 ft.) 6 m. (20 ft.) 5.6.4 Special Circumstances The provisions of Section 4.5 apply to lot areas, lot frontages and yard standards in certain circumstances as set out in that section. 5.6.5 Fences Subsection 4.5.15 notwithstanding, fences greater than 2 metres (6 feet) in height are not permitted in the Central Village Residential (CVR) Zone. 5.6.6 New two-unit dwellings in the Central Village Residential (CVR) zone New two-unit dwellings shall be permitted in the Central Village Residential (CVR) zone subject to the following requirements, in addition to all other applicable requirements of this by-law: a. new two unit dwellings shall be permitted only on lots with an area of at least 744 sq. m. (8,000 sq. ft.); b. there shall be no more than one two-unit dwelling per block, excluding any two-unit dwelling created by conversion of a prior existing building; c. any new two-unit dwelling shall conform with the design requirements of section 4.6.1(c); d. with the exception of conversions of prior existing buildings, no new two unit dwelling shall be constructed within 90 metres (295 ft.) of another two-unit dwelling on the same street. ____________________________________________________ Planning Department 41 5.7 MEDIUM DENSITY RESIDENTIAL (MR) ZONE 5.7.1 Permitted Developments a) Developments Permitted subject to MR Zone Standards i) Single Unit Dwellings ii) Two Unit Dwellings iii) Parks iv) Group Homes b) Developments Permitted Subject to Other Requirements of this by-law i. Small Scale Business uses subject to the requirements of Subsection 4.5.13. ii. Any form of residential development containing no more than 12 dwelling units in a building and not otherwise permitted, in accordance with the requirements of Section 4.10. iii. Mobile homes only when located in the "Outer Residential Area" identified on Planning Strategy Map 6, Residential Areas and in accordance with the requirements of Section 4.8 5.7.2 MR Zone Standards All structures shall conform with the following standards except that two dwelling units forming a two-unit dwelling may be built to the common side or rear lot line. Minimum Front Yard 1.5 m. (5 ft.) Minimum Side Yard 1.5 m. (5 ft.) Minimum Flankage Yard 3 m. (9.8 ft.) Minimum Rear Yard 1.5 m. (5 ft.) Maximum Height of Structures 10 m.( 33 ft.) Minimum Distance between main building on adjacent lots 3 m. (10 ft.) ____________________________________________________ Planning Department 42 5.7.3 MR Zone Lot Sizes (for new lots) Two Unit Dwellings All Other Structures Minimum lot area with central sewer 372 sq. m. (4,000 sq. ft.) per dwelling unit 744 sq. m. (8,000 sq. ft.) Minimum lot area for waterfront lots with no central sewer 3716 sq. m. (40,000 sq. ft.) or greater as required under NS regulations respecting on-site sewage disposal 3716 sq. m. (40,000 sq. ft.) or greater as required under NS regulations respecting on-site sewage disposal Minimum lot area for all other lots with no central sewer 2700 sq. m. (29,062 sq. ft.) or greater as required under NS regulations respecting on-site sewage disposal 2700 sq. m. (29,062 sq. ft.) or greater as required under NS regulations respecting on-site sewage disposal Minimum lot frontage 6 m. (20 ft.) 6 m. (20 ft.) 5.7.4 Special Circumstances The provisions of Section 4.5 apply to lot areas, lot frontages and yard standards in certain circumstances as set out in that section. ____________________________________________________ Planning Department 43 PART 6 COMMERCIAL ZONES 6.1 GENERAL REQUIREMENTS FOR COMMERCIAL ZONES 6.1.1 Application The provisions of this part shall apply to the Central Commercial Zone, Highway Commercial Zone, and to other zones as specified in this by-law. 6.1.2 Special Requirement - Attached Buildings Notwithstanding the yard requirements of each commercial zone adjoining buildings which are structurally attached to each other, may be built to the common lot line. ____________________________________________________ Planning Department 44 6.2 CENTRAL COMMERCIAL (C) ZONE 6.2.1 Permitted Developments a) Developments Permitted Subject to Central Commercial Zone Standards Automobile Sales and Repair (excluding Body Shops) Bakeshops Banks and Financial Institutions Beverage Rooms subject to Section 6.2.7 Craft Workshops Day Care Centres Dressmaking and Tailoring Existing Mobile Homes as listed on Schedule "C" Existing Multi-Unit Dwellings as identified on Schedule "C" Existing Beverage Rooms and Lounges identified on Schedule "C" Funeral Homes Hotels Laundry and Dry Cleaning Depots Lounges subject to Section 6.2.7 Existing Marinas as listed on Schedule "C" Medical Clinics Office Buildings and office uses Parking Lots Parks and Recreation Uses Personal Service Shops Printing Establishments Places of entertainment, recreation and assembly, within wholly enclosed buildings Rental Depots Repair Shops Residential units in the same building as a Commercial use to a maximum of four units Restaurants and Take-Out Restaurants Retail and Wholesale Sales Schools Skilled Trades Shops Studios for the practice or instruction of fine arts or crafts Taxi and Bus Stations Existing warehouses and enclosed distribution centres as listed in Schedule "C". b) Developments Permitted Subject to other Requirements of this by-law i) Single unit dwellings, two-unit dwellings, and group homes subject to the requirements of Subsection 5.2.2, but excluding mobile homes and mini-homes; ii) Residential Conversions containing a maximum four (4) dwelling units, subject to the requirements of Subsection 4.4.14; iii) Institutional Developments listed in and subject to the requirements of Section 8.2. iv) Structures containing between 5 and 10 residential dwelling units, which may also include commercial uses, by Development Agreement in accordance with policies contained in the Village of Chester Secondary Planning Strategy. ____________________________________________________ Planning Department 45 6.2.2 C Zone Standards Minimum Front Yard NIL Minimum Rear Yard 3.5 m. (12 ft.) Minimum Side Yard One Side Other Side 3.5 m. 12 ft.) 1.5 m. (5 ft.) Minimum Flankage Side Yard NIL Maximum Height of Structures 10 m. (33 ft.) Minimum Distance between Main Buildings on Adjacent Lots 3 m. (10 ft.) Maximum Number of Dwelling Units per Lot (by conversion under 6.2.1(b)(ii) 4 6.2.3 C Zone Lot Sizes (for new lots) Minimum Lot Area 279 sq. m. (3,000 sq. ft.) Per dwelling unit 557 sq. m. (6,000 sq. ft.) Minimum Lot Frontage 6 m. (20 ft.) 6 m. (20 ft.) 6.2.4 Special Circumstances The provisions of Section 4.5 apply to lot areas, lot frontages and yard standards in certain circumstances as set out in that section. 6.2.5 Special Requirements - Commercial Uses on Valley Road Where a Commercial use is located on a lot which abuts Valley Road, the vehicular and pedestrian access to the Commercial use shall be directly from Valley Road except where the lot abuts a portion of a street which lies within the Central Commercial Zone and when the lot on the opposite side of that street is also zoned Commercial. 6.2.6 DELETED 6.2.7 Special Requirements - Beverage Rooms and Lounges No development permit shall be issued for any Beverage Room or Lounge which has a floor area in excess of 111 sq. metres (1200 square feet), exclusive of washrooms, storage areas, and administrative offices. ____________________________________________________ Planning Department 46 6.2.8 Special Requirements - Adult Entertainment No development permit shall be issued for any adult entertainment unless: a) the proposed use is not located within 200 metres of any dwelling unit; b) parking is provided on the same lot as the use at the rate of one parking space for every occupant permitted under the Fire Code; c) regardless of the license issued by the Liquor License Board or its successors, the use conforms to the provisions of Section 6.2.7. ____________________________________________________ Planning Department 47 6.3 HIGHWAY COMMERCIAL (HC) ZONE 6.3.1 Permitted Developments a) Developments Permitted Subject to HC Zone Requirements and subject to the Site Plan requirements of Section 4.10 All Central Commercial Zone uses listed in Subsection 6.2.1 (a), with the exception of Parking Lots Animal Hospitals and Animal Shelters Body Shops Automobile Service Stations Automobile Washing Establishments Drive-through sales Existing Multi-Family dwellings listed on Schedule "C" Existing Industrial developments listed on Schedule "C" subject to Subsection 6.3.8 Hotel & Motels Industrial Workshops Outdoor Storage and Displays Tourist Information Centres Warehouses and enclosed distribution centres Park and Recreation Uses Shopping Centres Residential conversions containing a maximum of four (4) dwelling units b) Developments Permitted Subject to Other Requirements of this by-law i) Single unit dwellings, two-unit dwellings, and group homes subject to the requirements of Subsection 5.2.2; ii) Any form of residential development not otherwise permitted, containing not more than twelve (12) dwelling units located in the “Outer Residential Area” identified on Planning Strategy Map 6, Residential Areas and in accordance with the requirements of Section 4.10. iii) Institutional Developments listed in and subject to the requirements both of Section 8.2 and Section 4.10. iv) Mobile homes located only in the "Outer Residential Area" identified on Planning Strategy Map 6, Residential Areas and in accordance with the requirements of Section 4.8. v) Mini-homes are permitted only in the Outer Residential Area under Section 4.5.16. c) Developments Permitted by Development Agreement i) Expansion of existing industrial developments in accordance with Planning Strategy Policy 4.4.6. ii) Industrial developments in the Highway Commercial Development Agreement Area in accordance with Planning Strategy Policy 4.4.7 ____________________________________________________ Planning Department 48 6.3.2 HC Zone Standards Minimum Front Yard 3 m. (10 ft.) Maximum Front Yard 12 m. (40 ft.) Minimum Rear Yard 3.5 m. (12 ft.)* Minimum Side Yard Driveway Side Other Side 3.5 m. (12 ft.) 1.5 m. (5 ft.) Minimum Flankage Side Yard 6 m. (20 ft.) Maximum Height of Structures 10 m. (33 ft.) Minimum distance between main buildings on adjacent lots 3 m. (10 ft.) * Except subject to section 6.3.7 6.3.3 HC Zone Lot Sizes (for new lots) Two Unit Dwellings All Other Structures Minimum Lot Area with Central Sewer 372 sq. m. (4,000 sq. ft.) per dwelling unit 744 sq. m. (8,000 sq. ft.) Minimum Lot Area for Waterfront Lots With No Central Sewer 3716 sq. m. (40,000 sq. ft.) or greater as required under NS regulations respecting on-site sewage disposal 3716 sq. m. (40,000 sq. ft.) Minimum Lot Area For All Other Lots 1858 sq. m. (20,000 sq. ft.) 1858 sq. m. (20,000 sq. ft.) Minimum Lot Frontage 7.6 m (25 ft.) 7.6 m. (25 ft.) 6.3.4 Special Circumstances The provisions of Section 4.5 apply to lot areas, lot frontages and yard standards in certain circumstances as set out in that section. 6.3.5 Special Requirements - Shipping Containers for Storage Shipping containers shall be permitted in the Highway Commercial zone within the Rural Commercial Overlay shown on Chester Village Planning Area Land Use By-law Map A-3, subject to the following requirements: ____________________________________________________ Planning Department 49 Shipping containers: a) shall only be permitted within the Rural Commercial Overlay, as shown on the Chester Village Planning Area Land Use By-law Map A-3: Rural Commercial Overlay b) shall not be used for human habitation; c) shall only be used for non-residential purposes; d) shall only be allowed as an accessory structure to a permitted non-residential building; e) shall only be used for the storage and shelter of goods; f) shall be a minimum of 1.5 metres (5 feet) from a rear or side property line; and i. shall be a minimum of 3.5 metres (12 feet) from any rear or side property line that abuts a residential zone; g) shall be set back from the front property line a minimum of 12 metres (40 feet) or a distance 3.5 metres (12 feet) greater than the main building setback, whichever is greater; h) shall be set back from the flank side property line a minimum of 12 metres (40 feet) or a distance 3.5 metres (12 feet) greater than the main building setback, whichever is greater; i) shall be screened from view on all sides by a minimum 1.8 metre (6 foot) high opaque fence; j) shall be limited to one (1) shipping container per property; k) shall be placed so the narrow end of the container faces Hwy. 3, unless the container is placed behind a building of equal or greater length than the long side of the container; l) shall be placed at grade; and m) shall have no logos, lettering, numbering, decals, or commercial advertisements attached or affixed to the container. 6.3.5A Rental shipping containers, as part of a permitted commercial self-storage facility that is located within the Rural Commercial Overlay, are exempt from the requirements of section 6.3.5. 6.3.6 Special Requirements - Open Storage in Abutting Yards Where a yard in a Highway Commercial Zone abuts a Low Density Residential Zone, there shall be no open storage of goods or materials within 3.5 metres (12 feet) of the Residential Zone boundary. 6.3.7 Special Requirements - Buffering Adjacent to Shoreham Village Where a development site in a Highway Commercial Zone abuts the Shoreham Village Senior Citizens Complex: i) the minimum rear yard shall be 6.1 metres (20 feet); and ii) minimum rear yard shall be planted with a mix of coniferous and/or deciduous trees or bushes a minimum of six feet high at time of planting and at sufficient density to create an effective visual screen, except where existing vegetation provides an equivalent screen, in which case the existing vegetation shall be retained; iii) and there shall be no open storage of goods or materials within the minimum rear yard; and iv) no parking space shall be permitted in the minimum rear yard. 6.3.8 Special Requirement - Industrial Developments Regardless of the provisions of Subsection 6.3.2, no new building or addition to an existing building which houses or is intended to house an existing Industrial development listed on Schedule "C" shall exceed 50% of the floor area existing on the effective date of this by-law. ____________________________________________________ Planning Department 50 6.3.8A Special Requirements - Adult Entertainment No development permit shall be issued for any adult entertainment unless: a) the proposed use is not located within 200 metres of any dwelling unit; b) parking is provided on the same lot as the use at the rate of one parking space for every occupant permitted under the Fire Code; c) regardless of the license issued by the Liquor License Board or its successors, the use conforms to the provisions of Section 6.2.7. 6.3.8B Special Requirements – Height Regulations The height limits in 6.3.2 (HC Zone Standards) shall not apply to cupolas on institutional buildings, however, the structure forming the cupola shall not exceed 4.6m (15 ft.) from the top of the roof that the cupola is attached to. Decorative spires and finials on the cupola shall not be included in the height calculation. ____________________________________________________ Planning Department 51 6.4 SPECIAL COMMERCIAL "A" (SCA) ZONE 6.4.1 Developments Permitted Subject to C Zone Requirements of Subsections 6.2.2 and 6.2.3 Plumbing, Heating and Electrical Shops including Sales, Services and Repair Skilled Trades Shops Repair Shops Personal Service Shops Studios Craft Shops All developments permitted in the Low Density Residential Zone excluding mobile homes and mini- homes ____________________________________________________ Planning Department 52 6.5 SPECIAL COMMERCIAL "B" (SCB) ZONE 6.5.1 Developments Permitted Subject to C Zone Requirements of Subsections 6.2.2 and 6.2.3 Body Shops All Developments permitted in Special Commercial "A" Zone All Developments permitted in the Low Density Residential Zone excluding mobile homes and mini- homes ____________________________________________________ Planning Department 53 PART 7 INDUSTRIAL ZONES 7.1 GENERAL REQUIREMENTS FOR INDUSTRIAL ZONES 7.1.1 Application The provisions of this Part shall apply to the Marine Industrial Zone and to other zones as specified in this by-law. 7.1.2 Special Requirement - Attached Buildings Notwithstanding the yard requirements of Subsection 7.2.2, buildings on abutting lots may be joined or physically attached to each other. ____________________________________________________ Planning Department 54 7.2 MARINE INDUSTRIAL (MI) ZONE 7.2.1 Permitted Developments a) Developments Permitted Subject to MI Zone Standards Boat Sales and Displays Boatyards Boat construction, repair and storage Existing single unit dwellings Marinas Marine Sales Woodworking Shops Wharves and Slipways 7.2.2 MI Zone Standards Minimum Front Yard NIL Minimum Rear Yard NIL Minimum Side Yard 1.5 m. (5 ft.) Maximum Height of Structures 10 m. (33 ft.) 7.2.3 MI Zone Lot Sizes (for new lots) Minimum Lot Area With Central Sewer 744 sq. m. (8,000 sq. ft.) Minimum Lot Area for Waterfront Lots with No Central Sewer 3716 sq. m. (40,000 sq. ft.) or greater as required under NS regulations respecting on-site sewage disposal Minimum Lot Area for all other lots 2700 sq. m. (29,062 sq. ft.) or greater as required under NS regulations respecting on-site sewage disposal Minimum Lot Frontage 6 m. (20 ft.) 7.2.4 Special Circumstances The provisions of Section 4.5 apply to lot areas, lot frontages and yard standards in certain circumstances as set out in that section. ____________________________________________________ Planning Department 55 PART 8 INSTITUTIONAL ZONES 8.1 GENERAL REQUIREMENTS FOR INSTITUTIONAL ZONES 8.1.1 Application The provisions of this Part shall apply to the Institutional Zone and to other zones as specified in this by-law. 8.1.2 Special Requirement - Attached Buildings Notwithstanding the setback requirements of Subsection 8.2.2, buildings on abutting lots may be joined or physically attached to each other. ____________________________________________________ Planning Department 56 8.2 INSTITUTIONAL (I) ZONE 8.2.1 Permitted Developments a) Developments Permitted Subject to I Zone Standards Ambulance and Emergency Response Services Arenas Business and professional offices in existing buildings subject to special requirement 8.2.5 Medical Clinics Cemeteries Churches, Religious Institutions and Places of Worship Day Care Centres and Nursery Schools Community Centres Educational Institutions Exhibition Centres Fire Halls and Fire Stations Hospitals Libraries, Museums and Public Art Galleries Parks Private Clubs and Fraternal Organizations Public and Private Nursing Homes Public Buildings Rectories, Manses, and staff residences associated with the above uses. Sewage Treatment Facilities b) Developments permitted subject to other Requirements of this By-law i) Residential developments containing more than one unit in accordance with Section 4.7, Multi-unit Site Plans, unless within the Highway 3 Development Area shown on SPS Map 7, in which case the requirements of Section 4.10 apply. 8.2.2 Zone Standards Minimum Front Yard 5 m. (16.5 ft.) Minimum Rear Yard 3.5 m. (12 ft.) Minimum Side Yard One Side Other Side 3.5 m. (12 ft.) 1.5 m. (5 ft.) Maximum Height of Structures 10 m. (33 ft.) Minimum Distance Between Main Buildings on Adjacent Lots 3 m. (10 ft.) ____________________________________________________ Planning Department 57 8.2.3 I Zone Lot Sizes (for new lots) Minimum Lot Area with Central Sewer 744 sq. m. (8,000 sq. ft.) Minimum Lot Area for Waterfront Lots with No Central Sewer 3716 sq. m. (40,000 sq. ft.) or greater as required under NS regulations respecting on-site sewage disposal Minimum Lot Area for All Other Lots 2700 sq. m. (29,062 sq. ft.) or greater as required under NS regulations respecting on-site sewage disposal Minimum Lot Frontage 6 m. (20 ft.) 8.2.4 Special Circumstances The provisions of Section 4.5 apply to lot areas, lot frontages and yard standards in certain circumstances as set out in that section. 8.2.5 Special Requirements: Business and Professional Offices in Institutional Zones Business and Professional offices shall be permitted in existing buildings in the Institutional Zone, subject to the following requirements: a) the maximum floor area devoted to business or professional offices use shall occupy no more than 93 sq. metres (1000 sq. ft.); b) parking shall be provided for the office use according to the requirements of Part 14. ____________________________________________________ Planning Department 58 8.3 RESTRICTED INSTITUTIONAL (RI) ZONE 8.3.1 Permitted Developments a) Developments Permitted Subject to RI Zone Standards Cemeteries Parks Sewage Treatment Facilities 8.3.2 Zone Standards Same as Institutional (I) Zone standards - see section 8.2.2. 8.3.3 RI Zone Lot Sizes (for new lots) Same as Institutional (I) Zone Lot Sizes - see section 8.2.3 ____________________________________________________ Planning Department 59 PART 9 RURAL ZONES 9.1 GENERAL REQUIREMENTS FOR RURAL ZONES 9.1.1 Application The provisions of this part shall apply to the Rural Zone and to other zones as specified in this by-law. 9.1.2 Special Requirements - Attached Buildings Notwithstanding the yard requirements of Subsection 9.2.3, adjoining buildings which are structurally attached to each other, may be built to the common lot line. 9.1.3 Yard Requirements - Farm Animals and Manure Land Use Minimum Yard manure and used bedding storage under 10 cubic metres (13 cu. yd) volume 50m.(150 ft.) Manure and used bedding storage 10 cu. m. or over in total volume 100m. (300 ft.) Building sheltering 5 or fewer Farm Animal Units 50 m. (164 ft.) Building sheltering more than 5 Farm Animal Units 100 m. (300 ft.) ____________________________________________________ Planning Department 60 9.2 RURAL (RU) ZONE 9.2.1 DELETED 9.2.2 Permitted Developments a) Developments Permitted i) Single Unit Dwellings ii) Two Unit Dwellings iii) Group Homes iv) Parks v) Recreational uses vi) Agricultural and forestry uses including the growing, sale and primary processing of agricultural and forestry products at the farm site or harvest site and including also the breeding, raising, boarding, teaching, exercising, general care and keeping of and disposing of, all farm animals, subject also to Subsection 9.1.3. vii) DELETED viii) All commercial, industrial and institutional uses which are not listed in Clause 9.2.2 (c), subject to the requirements of Subsection 4.9 (Site Plans) unless within the Highway 3 Development Area shown on SPS Map 7, in which case the requirements of Section 4.10 apply ix) Structures in accordance with the standards of Subsection 9.2.3, excluding mobile homes. x) Kennels for the boarding or breeding of dogs, to a maximum of five outdoor runs and also subject to Subsection 9.2.6. b) Developments Permitted Subject to Other Requirements of this by-law i) Residential Conversions containing a maximum of four (4) dwelling units, subject to the requirements of Subsection 4.4.13; ii) Any form of residential development not otherwise permitted, containing no more than twelve (12) dwelling units located in the “Outer Residential Area” identified on Planning Strategy Map 6, Residential Areas and in accordance with the requirements of Subsection 4.7, unless located in the Highway 3 Development Area, in which case the provisions of Section 4.10 apply. iii) Mobile homes located in the "Outer Residential Area" identified on Planning Strategy Map 6, Residential Areas only in accordance with the requirements of Section 4.8. c) Prohibited Developments Notwithstanding any other provisions of this by-law, the following commercial and industrial uses are not permitted within the Rural Zone in accordance with Planning Strategy Policy 4.5.3: Warehousing and distribution of explosives, pesticides, herbicides, fungicides, biocides and other poisonous or hazardous substances Smelting and ore refining Tanning Asphalt production Ready-Mix Concrete Plants Fish meal production Slaughter houses and Meat packing Wood preserving ____________________________________________________ Planning Department 61 Wood debarking and chipping, except for activities at or in close proximity to harvesting operations Commercial or recreational racing of motorized vehicles Bulk Storage and distribution of petroleum products Storage and handling of scrap materials of all kinds including auto bodies and auto parts Metal Pipe fabrication and corrosion treatment Beverage rooms Lounges Marine Shipping including wharves and all on-shore facilities Shooting Ranges Mobile Home Parks Penal Institutions Rock Crushing Sawmills and Planer Mills Solid Waste Disposal Commercial composting 9.2.3 RU Zone Standards Unless otherwise specified in this by-law, all structures shall conform with the following standards: Minimum Front Yard 3 m. (9.8 ft.) Minimum Side Yard 1.5 m. (5 ft.) Minimum Flankage Yard 3 m. (9.8 ft.) Minimum Rear Yard 1.5 m. (5 ft.) Maximum Height of Structures 10 m. (33 ft.) Minimum distance between main building on adjacent lots 3 m. (10 ft.) Maximum number of Dwelling Units per structure, except where approved under section 9.2.2 (b) (iii). 4 9.2.4 RU Zone Lot Sizes (for new lots) Minimum lot area with central sewer 744 sq. metres (8,000 sq. ft.) Minimum lot area for lots with no central sewer 744 sq.metres (8,000 sq.ft) or greater as required under NS regulations respecting on- site sewage disposal Minimum Lot Frontage 6 metres (20 ft.) 9.2.5 Special Circumstances The provisions of Section 4.5 apply to lot areas, lot frontages and yard standards in certain circumstances as set out in that section. ____________________________________________________ Planning Department 62 9.2.6 Yard Setback Requirements for Kennels Land Use Minimum Setback from any Property Line Kennel structures used for the boarding or breeding of dogs, including dog runs 100 m. (328 ft) a) Accessory structures related to a kennel use, but not housing dogs, shall be subject to setback requirements of Section 4.5.2 Accessory Structures b) Main dwellings used for the boarding or breeding of dogs shall be exempt from the setback requirements of Section 9.2.6 ____________________________________________________ Planning Department 63 9.3 DELETED 9.3.1 DELETED 9.3.2 DELETED 9.3.3 DELETED 9.3.4 DELETED ____________________________________________________ Planning Department 64 PART 10 PARK (P) ZONES 10.1 PERMITTED DEVELOPMENTS Public and Private Parks including structures directly accessory thereto Private and Public Recreation Uses including structures directly related thereto ____________________________________________________ Planning Department 65 PART 11 WATER ACCESS (WA) ZONES 11.1 PERMITTED DEVELOPMENTS Floating boat storage, and other private or public water access uses Private Boathouses, subject to Subsection 11.3 below Private Wharves and slipways less than 3.6 metres (12 ft.) in width Marinas Tour boat businesses Boat rental businesses 11.2 WA ZONE STANDARDS Minimum side and rear yard 3 m. (10 ft) Minimum distance between structures on adjacent properties 6 m. (20 ft.) 11.3 ABUTTING ZONE REQUIREMENT Where the Water Access Zone abuts the Waterfront Residential Zone, the following restrictions shall apply to boathouses, slipways, wharves and infilling of the harbour within the Water Access Zone: i) Subject to Planning Strategy Policy 4.2.12, no person shall alter land levels by the filling in of land to a depth greater than 0.3 metres (one foot) above the Mean High Water Line except for internal ballasting of cribwork and piers essential to wharf and slipway construction. ii) Wharves and slipways shall not have a width in excess of 3.6 metres (12 feet), subject to the provisions of Planning Strategy Policy 4.2.12. iii) The construction, relocation, reconstruction, or replacement of boathouses is not permitted. 11.4 SPECIAL REQUIREMENT - OTHER PERMISSIONS In the Water Access Zone, no development permit shall be issued for any development until the Development Officer is satisfied that all relevant permissions from Federal and Provincial government agencies have been acquired or waived by the agency, including but not limited to: N.S Dept. of Natural Resources, N.S. Dept of Environment and Labour, N.S. Dept. of Transportation and Public Works, N.S Dept. of Agriculture, Fisheries and Aquaculture, Transport Canada (Navigable Waters Protection Act), Fisheries and Oceans Canada. 11.5 WATERCOURSE PROTECTION The provisions of Subsection 4.4.6 apply within the estuary of any watercourse shown on Map 8 of the Planning Strategy. ____________________________________________________ Planning Department 66 PART 12 DELETED 12.1 DELETED 12.1.1 DELETED 12.2 DELETED 12.2.1 DELETED 12.2.2 DELETED 12.2.3 DELETED 12.2.4 DELETED 12.2.4.1 DELETED 12.2.4.2 DELETED 12.2.4.3 DELETED 12.2.4.4 DELETED 12.2.4.5 DELETED 12.2.4.6 DELETED 12.2.5 DELETED PART 13 DELETED 13.1 DELETED 13.1.1 DELETED 13.2 DELETED 13.2.1 DELETED PART 14 REQUIREMENTS FOR PARKING AND LOADING AREAS 14.1 GENERAL REQUIREMENTS FOR PARKING AND LOADING AREAS 14.1.1 Application The requirements of this part shall apply to all zones unless otherwise specified. ____________________________________________________ Planning Department 67 14.2 STANDARDS FOR PARKING AREAS 14.2.1 Parking Exemption The requirements of Section 14.2 shall not apply to any land use existing on the effective date of this Land Use By-law. 14.2.2 Number of Parking Spaces Required No development permit shall be issued for any development unless off-street parking having unobstructed access to a public street shall be provided and maintained in conformity with the following schedule: Note: For the purposes of this section “floor area” means the interior floor area devoted to the use, excluding any washrooms, furnace and utility rooms. Type of Use Required Parking i) Residential buildings containing not more than four (4) dwelling units One (1) parking space for each dwelling unit ii) Residential buildings containing five (5) or more dwelling units One and one-quarter (1.25) spaces for each dwelling unit iii) Hotels and motels, and other accommodations for travellers One and one-tenth (1.1) space per suite or rental unit iv) Senior citizens housing One (1) space for each three (3) units v) Churches, Funeral Homes, theatres, halls private clubs, restaurants, lounges, other places of assembly Where there are seats, one (1) parking space for every five (5) seats. Where there are no seats, one (1) parking space for each 9 sq. m. (100 sq. ft.) of floor area devoted to public use vi) Offices One (1) space for every 28 sq. m. (300 sq. ft.) of floor area vii) Industries One (1) space for every 93 sq. m. (1,000 sq. ft.) of floor area viii) Warehouses One (1) space for every 278 sq. m. (3,000 sq. ft.) of floor area ix) All other commercial uses One (1) space for every 28 sq. m. (300 sq. ft.) of floor area x) Marinas One (1) space for every berth or anchorage xi) Tour boats One (1) space for every five (5) seats xii) Boat Rentals One space for each boat 14.2.3 Parking Exemption - Existing Buildings Section 14.2.2 notwithstanding, where permitted uses locate in existing buildings in the Central Commercial zone, there shall be no parking required for the initial 93 square metres (1,000 sq. ft.) of floor area devoted to the use, except for residential uses, guest houses, hotels and inns. ____________________________________________________ Planning Department 68 14.2.4 Requirements for Off-Site Parking Where a proposed development cannot reasonably provide on-site parking to satisfy Section 14.2.2, off-site parking may be provided in its place subject to the following: i. The provision of off-site parking is permitted only within the Central Commercial Zone; ii. That the use requiring parking is not a residential use. Residential uses must meet parking requirements solely through the provision of on-site parking. iii. The Development Officer shall be satisfied that the proposed off-site parking cannot be reasonably provided as on-site parking on the same lot as the use that requires it. Grounds for allowing off-site parking include but are not limited to: a lack of useable space on the lot, that access/egress to the on-site parking will create a public hazard, or that available space is occupied by steep slopes or mature trees.; iv. Any Parking Lot containing off-site parking shall be within a distance of 300 metres (984 ft.) of the building which it serves; v. The placement of off-site parking spaces on a lot requires the issuance of a separate Development Permit for a Parking Lot. A Development Permit for the Parking Lot shall be issued concurrently with the Development Permit issued for the use that requires parking; vi. Before a Development Permit is issued for a Parking Lot containing off-site parking, a parking easement must be Registered with the Nova Scotia Land Registry. The easement must include provisions stating that the Parking Lot is for the exclusive use of the benefitted parcel; vii. The parking easement may be released only under the following conditions: ▪ The parking requirement is met through an alternate proposal such as through on-site parking or due to a reduction in the amount of parking required by the Land Use By-law which shall be noted with the issuance of an amended Development Permit; or, ▪ The use which requires parking permanently ceases to operate. Written confirmation must be provided to the Development Officer and the Development Permit will then be amended to state the use is no longer in operation and the off-site parking is no longer required. viii. The provisions of Section 14.2.5 shall apply when five (5) or more off-site parking spaces are required. 14.2.5 Requirements for Substantial Parking Lots Where off-street parking is required and five (5) or more spaces are provided, no development permit shall be issued except in conformity with the following requirements: i) the parking lot shall be treated or surfaced to prevent the raising of dust; ii) any illumination shall be directed away from streets, adjacent lots, and buildings; iii) DELETED iv) each parking space and the direction of travel in each aisle shall be clearly marked and maintained where a permanent hard surface is provided; v) the limits of the parking lot, and highway access shall be defined by a permanent curb, fence or other suitable obstruction to provide a neat appearance; vi) no highway access shall be within 15 metres (50 ft.) of the limits of the right-of-way of the nearest public street intersection; vii) the width of any access to a parking lot and of any aisle in a parking area, shall be a minimum width of 3 metres (l0 ft.) if for one-way traffic, and a minimum width of 6 metres (20 ft.) if for two-way traffic. viii) the development permit application shall be accompanied by a storm drainage plan showing that storm water drainage will not adversely affect adjoining and downstream properties. ____________________________________________________ Planning Department 69 14.3 STANDARDS FOR LOADING AREAS 14.3.1 Loading Space Exemption The requirements of Section 14.3 shall not apply to: i) any building with less than 140 square metres (1500 sq. ft.) of floor area; and ii) any existing land use. 14.3.2 Number and Layout of Loading Spaces No person shall erect or use any building or structure for manufacturing, storage, warehouse, department store, retail store, wholesale store or outlet, market, freight or passenger terminal, hotel, hospital, or other uses involving the frequent shipping, loading or unloading of persons, animals, or goods unless: i) there is maintained on the same lot one (l) off-street space for standing, loading, and unloading for every 2700 square metres (30,000 sq. ft.) or fraction thereof of floor area used for any such purpose, and ii) each loading space measures at least 4 metres (13 ft.) in width by 12 metres (40 ft.) in length with a minimum height clearance of 4.3 metres (14 ft.), and iii) loading spaces, including driveways leading thereto, shall be treated or surfaced to prevent the raising of dust or loose particles, and iv) The width of any access road to a loading space shall be a minimum of 3.5 metres (12 ft.) for one-way traffic or 7.5 metres (25 ft.) for two-way traffic. ____________________________________________________ Planning Department 70 PART 15 SIGNS 15.1 GENERAL REQUIREMENTS FOR SIGNS 15.1.1 Development Permit Required No person shall erect any sign without first obtaining a development permit except for signs specified in Subsection 15.1.2 below. 15.1.1A Exterior Illumination of Signs A Fixed Wall Sign, Ground Sign or Projecting Wall Sign otherwise permitted by this By-Law may include exterior lighting, directed at the sign, to increase visibility during dark hours. There shall be no additional permitting requirements, however, the lighting used must be the minimum intensity required and shall not be orientated so light shines directly onto adjacent properties or any public street. 15.1.2 Signs for Which No Development Permit is Required The following signs are permitted in all zones, without any requirement for a development permit: i) Signs identifying name and address of resident, and of not more than 0.5 square metres (5 sq. ft.) in sign area. ii) "No trespassing" signs or other such signs regulating the use of a property, and of not more than 0.5 square metres (5 sq. ft.) in sign area. iii) Real Estate signs not exceeding 0.5 square metres (5 sq.ft.) in sign area in any Residential Zone and 1.4 square metres (15 sq. ft.) in other zones, which advertise the sale, rental or lease of the premises. iv) Signs regulating or denoting on-premises traffic, or parking or other signs denoting the direction or function of various parts of a building or premises provided that such signs are less than 0.5 square metres (5 sq. ft.) in area. v) Signs erected by a government body, or under the direction or authority of such a body, and bearing no commercial advertising, such as traffic signs, railroad crossing signs, safety signs, signs identifying public schools, public election lists, community notice boards, community event banners. vi) Memorial signs or tablets and signs denoting the historical significance and date of erection of a structure. vii) The flag, pennant, or insignia of any government, or of any charitable, religious or fraternal organization. viii) A sign having an area of not more than 6 square metres (65 sq. ft.) incidental to construction and located on the same site as the building under construction. Such signs shall not remain in place for more than sixty (60) days following completion of construction. ix) Indoor signs which are erected wholly within the exterior walls of a building, and are not attached to a window or door. x) Signs permanently attached to a building which bear the name or civic number of the building. ____________________________________________________ Planning Department 71 xi) Off-premises commercial direction signs erected in accordance with a direction sign program approved by Council. xii) Flags bearing no commercial advertising xiii) portable signs which comply with Section 15.2.5 “Portable Signs” xiv) One sign per business unit, located in or attached to a window, with a maximum sign area of 0.6 square metres displaying the word “open” or listing the hours of operation for a business. These signs shall remain static and are not subject to the illuminated signs criteria listed elsewhere in this By-Law and this provision does not apply for a Small Scale Business Use. 15.1.3 Signs Prohibited in All Zones All other provisions of this by-law notwithstanding, the following signs shall not be erected or used in any zone: i) Signs which have any visible moving part or visible mechanical movement of any description except for signs which display only time, temperature or humidity; ii) signs affixed to, applied to, or supported by the rooftop of any structure; iii) signs which constitute a hazard to public safety or health; iv) signs which by reason of size, location, content, coloring, or manner of illumination obstruct the vision of drivers or obstruct the effectiveness of any traffic sign or traffic control device on public streets; v) signs which obstruct the use of a fire escape door, windows, or other required exit; vi) signs which make use of such words as "STOP", "LOOK", "ONE WAY", "DANGER", "YIELD",or any other similar words, phrases, or symbols so as to interfere with or confuse drivers on a public street; vii) signs which advertise a product, service or business which is discontinued; viii) signs painted upon, attached to, or supported by a tree, stone, cliff, or other natural object. ix) portable signs, other than those regulated by Subsection 15.2.5 below. x) all signs which are internally lit, excluding Drive-through Menu Board Signs and illuminated signs. 15.1.4 Advertising Signs No sign shall be erected or used for commercial advertising except where the sign is: i) deemed to be a portable sign in compliance with Section 15.2.5 “Portable Signs” ii) located on the same lot as the establishment which it advertises; or iii) located on the same lot as the dealer for the product which it advertises; or ____________________________________________________ Planning Department 72 iv) in a Rural Zone within the boundaries of a Public Highway, in which case the maximum sign area shall be 3.3 sq. m. (35 sq. ft.), or 15.1.5 Removal of Signs The following signs shall be removed from public display within twelve months following the 7 April 2004: i) existing portable signs not regulated under Subsection 15.2.5 below, ii) existing signs on rooftops. 15.1.6 DELETED 15.1.7 Placename Signs In addition to any other sign permitted by this by-law, one Placename Sign may be located on a lot provided that: i) the sign area of any Placename Sign shall not exceed 6 square metres (65 sq. ft.) in a Highway Commercial Zone; ii) the sign area of any Placename sign shall not exceed 3.25 Square metres (35 sq. ft.) in any other zone; and iii) the height of any Placeanme sign shall not exceed 2.5 metres (8 ft.). 15.1.8 Community Event Banner A community event banner may be erected in any zone but shall not: a) Remain in place longer than one week before, during, and one week after the event; b) Exceed 1.2 metres (4 feet) in the vertical dimension; vi) be erected on or above any property without the written consent of the owner in accordance with Section 2.8 of this by-law. ____________________________________________________ Planning Department 73 15.2 SIZE AND LOCATION OF SIGNS The following requirements shall apply to all signs in Commercial, Industrial and Rural Zones unless otherwise specified elsewhere in this by-law. 15.2.1 Ground Signs a) No ground sign shall: i) In a Central Commercial Zone or a Rural Zone, exceed 3.25 square metres (thirty-five sq. ft.) in sign area on each side or exceed a height of 4 metres (13 ft.) from grade to the highest part of the sign; ii) In a Highway Commercial Zone, exceed 6 square metres (65 sq. ft.) in sign area on each side, except in accordance with 15.2.1 c and d), and may not exceed a height of 6 metres from grade to the highest part of the sign; iii) DELETED iv) DELETED b) Where there is more than one ground sign on a lot, the total sign area of all ground signs on the lot shall not exceed 12 sq. m. (130 sq. ft.). c) Where a ground sign is proposed within the Highway Commercial Zone with a sign area greater than 6 square metres per side, to a maximum area of 12 square metres per side, approval may be granted if the following conditions are met: i) Creation and maintenance of a landscaped area equal to twice that of the sign area; ii) The landscaped area shall surround the base, footings or foundation of the ground sign, or if impractical due to location, visibility or safety shall be located in the Front Yard of the property; iii) The Landscaped area shall include a mixture of appropriately sized trees, shrubs and flowers to soften the impact and increase the visual appeal of the sign installation. Grass, mulch and other ground cover, while permitted, shall not be counted toward the required landscaped area unless trees, shrubs and flowers substantially cover the area; iv) The landscaped area must be fully planted and complete within a reasonable time, determined by the Development Officer, and specified as a condition to the Development Permit for the sign; v) Trees, shrubs, and flowers within the landscaped area shall be maintained and if required, replanted, to ensure an attractive landscaped area is maintained for as long as the sign remains in place; vi) All other conditions of this By-Law have been met. ____________________________________________________ Planning Department 74 d) The Development Officer may grant a variance to the sign area of a ground sign subject to the following conditions: i) Only one sign area variance may be granted per lot; ii) The proposed sign must not exceed the maximum permitted sign area for a ground sign outlined in 15.2.1 a) and b) by more than 20%; iii) The applicant must demonstrate, through documentation or other means, that the sign is a standard size and that reducing the size of the sign to comply with 15.2.1 a) and b) would increase the cost by a minimum of 10%, or cause a significant delay to obtain the sign. 15.2.2 Projecting Wall Signs No projecting wall sign shall: i) exceed 2 square metres (20 sq. ft.) in sign area on each side; ii) project over a public street or highway beyond the curb line or highway shoulder; iii) project above the eaves, parapet or roof line of a building; iv) be erected below a height of 3 metres (10 ft.) above grade; v) be permitted to swing freely on its supports without the installation of a suitable catch, chain or other control device. 15.2.3 Projecting Wall Sign Exemption a) Clause 15.2.2(iv) notwithstanding, small projecting wall signs of less than 0.3 square metres (3 sq. ft.) in sign area on each side may be erected no less than 2.5 metres (8 ft.) above grade; b) Clause 15.2.2(iv) and clause 15.2.3(a) notwithstanding, the minimum height requirements shall not apply to projecting wall signs which project entirely over private property and present no hazard to public safety. 15.2.4 Fixed Wall Sign No fixed wall sign shall: i) cover more than 0.09 square meters (1 sq. ft.) for each 30 centimetres (lineal foot) of the wall on which the sign is affixed with proportional allocation for each business premises in case of multiple occupancy buildings, not to exceed a total maximum sign area of 9 square metres (100 sq. ft.) for each side of the building; ii) extend above the top of the wall upon which it is placed; iii) extend beyond the extremities of the wall upon which it is placed. 15.2.5 Portable Signs Portable signs that do not comply with the standards outlined in this By-law, or which are deemed to create or worsen a hazard or nuisance, may be removed by the authority with jurisdiction. ____________________________________________________ Planning Department 75 15.2.5A Portable Sign Standards All portable signs shall: i) be generally in the style of an A-Frame or sandwich board sign, ii) have a total maximum area, including all framing and supporting structures, of 0.56 sq.m (6 sq.ft) on each side, iii) have a maximum height of 1.22 metres (4 ft.) from grade to the highest point of the sign. iv) Be located on the same lot as the establishment which it advertises or, v) Be located on a public sidewalk or public road shoulder. When placed on a public sidewalk or road shoulder, portable signs must be located in front of the Business Unit. 15.2.5B Portable signs shall not: i) exceed one portable sign per business unit; ii) be permitted as commercial advertising for a Small Scale Business Use iii) be located on public property without complying with the portable signage standards set in this By- law; iv) be located on public property in such a manner as to obstruct the passage of persons or vehicles. The sign shall be placed to leave an unobstructed walkway with a minimum width of 1.2 metres on the sidewalk or road shoulder; i. remain on display when the business is closed to the public, or ii. Be included in the calculation of maximum ground sign area under Subsection 15.2.1 above 15.2.6 Daily Message Signs No daily message sign shall: i) contain any permanent lettering on 80% of the sign area, or ii) exceed 0.6 sq. m. (6 sq. ft.) in area; iii) be included in the calculation of maximum wall sign area under Subsection 15.2.4 above 15.2.7 Window Signs No window sign, or group of window signs, shall exceed 50% of the area of the window in which it is displayed. ____________________________________________________ Planning Department 76 15.2.8 Drive-through Menu Board Signs (i) A Development Permit may only be issued for a Drive-through Menu Board Sign on a lot with an approved Development Permit for a Drive-through use (ii) Drive-through Menu Board Signs shall be limited to a maximum height of 2.5m from grade to the highest part of the sign structure (iii) Drive-through Menu Board Sign shall be limited to a maximum area of 2.5m2 in sign area per side (iv) The total sign area per side for all Drive-through Menu Board Signs on a lot shall not exceed 4m2 (v) Drive-through Menu Board Signs may include and utilize internal illumination such as LEDs and similar light emitting technology (vi) Drive-through Menu Board Signs that use internal illumination shall include software or other mechanisms to automatically adjust the brightness level of the sign to ambient light conditions. Brightness levels shall not exceed 3 Lux above ambient light conditions when measured from the sign face at its maximum brightness, at a distance equal to the equation shown: Measurement distance (m) = ((Area of the sign in m2 x 100)) (Example: a sign measures 1.5m x 1.5m for a total sign area of 2.25 m2. In this case the measurement distance = (2.25m 2 x 100) = 15 m). (vii) The image, logo and text displayed by a Drive-through Menu Board Sign shall remain static for a minimum of 8 seconds before changing and the transition between images or text must be instantaneous (viii) The Sign Area of a Drive-through Menu Board Sign must not be visible when viewed from a public street. If required, a visual screen composed of natural vegetation, landscaping, fencing or a combination thereof shall be installed to mitigate light trespass and overspill from adjacent properties. (ix) Drive-through Menu Board Signs shall only remain illuminated during the regular operating hours of the business which it serves (x) Drive-through Menu Board Sign shall maintain a minimum distance of 2m from all property lines. For greater clarity, this setback distance shall be measured from the closest part of the sign to the property line, including the foundation, sign base, sign face, support structures or any other feature that is physically attached to the sign (xi) Before issuing a permit for a Digital Sign, the Development Officer shall require a letter from the sign manufacturer or professional overseeing installation to confirm that the sign will be calibrated to be compliant with the provisions of this By-Law. 15.2.9 Illuminated Signs (i) Illuminated signs shall only be permitted in the Highway Commercial Zone with the exception of “open” and business hour signs, as detailed in part 15.1.2 xiv) of this By-Law. ____________________________________________________ Planning Department 77 (ii) Illuminated signs shall only be permitted as a Fixed Wall Sign, Ground Sign or Window Sign (or part thereof). (iii) Illuminated signs shall be setback a minimum of 2 meters from all property lines. For greater clarity, this setback distance shall be measured from the closest part of the sign to the property line, including the foundation, sign base, sign face, support structures or any other feature that is physically attached to the sign. (iv) Illuminated signs shall only be located within the yard abutting Provincial Highway #3 (North Street). (v) Illuminated signs display shall remain static for a minimum of 60 minutes (one hour) before changing and the transition between images or text must be instantaneous with no animation or fade-out. (vi) Notwithstanding 15.2.8 v) an illuminated sign that displays the price of gasoline, or other public service information, including but not limited to: community event information, time, date, temperature, or similar information shall remain static for a minimum of 60 seconds (one minute) before changing. (vii) Where an illuminated sign is proposed to be located within 30 meters of a lot not zoned Highway Commercial, the property owner shall take measures to reduce light trespass and overspill onto adjacent properties. Such measures may include the installation of a fence or vegetated barrier, planted or positioned to provide maximum screening to reduce light trespass and overspill. (viii) Illuminated signs shall include software or other mechanisms to automatically adjust the brightness level of the sign to ambient light conditions. Brightness levels shall not exceed 3 Lux above ambient light conditions when measured from the sign face at its maximum brightness, at a distance equal to the equation shown: Measure distance (m)= (Area of the sign in m2 x 100) (Example: a sign measures 1.5m x 1.5 m for a total sign area of 2.25 m2. In this case the measurement distance = 2.25m2 x 100 = 15m. (ix) Before issuing a permit for an illuminated sign, the Development Officer shall require the applicant to provide evidence that the proposed sign has received approval or does not require approval by the authority with jurisdiction over the nearest public highway. (x) Before issuing a permit for an illuminated sign, the Development Officer shall require a letter from the sign manufacturer or professional overseeing installation to confirm that the sign will be calibrated to be complaint with the provisions of this By-law. ____________________________________________________ Planning Department 78 THIS PAGE INTENTIONALLY LEFT BLANK ____________________________________________________ Planning Department 79 PART 16 DEFINITIONS 16.0 For the purposes of this by-law all words shall carry their customary meaning except for those words and phrases defined in Part 16. 16.1 ACCESSORY STRUCTURE - See STRUCTURE 16.2 ACCESSORY USE - See USE 16.2A ADULT ENTERTAINMENT means providing services appealing to or designed to appeal to erotic or sexual appetites or inclinations and for greater certainty in this context: “Providing” includes furnishing, performing, soliciting, or giving; “Services” include activities, facilities, performances, exhibitions, viewing and encounters; “Services appealing to or designed to appeal to erotic or sexual appetites or inclinations” includes: (i) services of which a principal feature or characteristic is the nudity or partial nudity of any person, where “partial nudity” means less than completely and opaquely covered: human genitals; human pubic region; human buttocks; and female breast below a point immediately above the top of the areola and (ii)services in respect of which the word “nude”, “naked”, “topless”, “bottomless”, “sexy” or any other word or any picture, symbol or representation having a like meaning or implication is used in any advertisement. 16.3 ALTER means to make any change in the structural components of a building, or any increase or decrease in the volume of a building or structure. 16.4 AUTOMOBILE SERVICE STATION - See SERVICE STATION 16.5 BAKESHOP means a building or part of a building where bread and other baked goods are made and retailed directly to the public and where there are not more than two (2) employees involved in the baking process, exclusive of the owner/operator. 16.6 BEVERAGE ROOM means premises licensed as a beverage room by the Liquor License Board of Nova Scotia. 16.7 BOATHOUSE means a structure, whether permanent or temporary, which is roofed, which does not contain toilet, washroom, bathroom, shower room or kitchen facilities and which is used for the shelter or storage of boats, watercraft and associated marine accessories and equipment, but not for the accommodation of persons or animals, or for commercial purposes and does not include a garage. 16.8 BODY SHOP - see SHOP. 16.9 BUILDING means a structure, whether permanent or temporary, which is roofed and which is used for the shelter or accommodation of persons, animals, materials or equipment and includes any addition, porch, deck, veranda, steps, or other structure attached thereto or located or built within 1.5 metres (5 feet) thereof, and for greater certainty: i) MAIN BUILDING means the building in which is carried on the principal purpose for which the building lot is used. 16.9A BUSINESS UNIT means a self-contained section of a building intended for use as business premises. 16.10 CHURCH means a building dedicated to religious worship and includes a church hall, church auditorium, Sunday School, parish hall, and day nursery operated by the Church. ____________________________________________________ Planning Department 80 16.11 COMMUNITY CENTRE means any tract of land, or building or buildings, or any part of any buildings used for community activities whether used for commercial purposes or not, the control of which is vested in the municipality, a local board or an agent thereof. 16.12 CORNER LOT - See LOT. 16.13 COUNCIL means the Council of the Municipality of the District of Chester. 16.14 CRAFT i) CRAFT PRODUCTS means products made by hand or small custom production processes by potters, pewters, goldsmiths, silversmiths, jewellers, toymakers, leatherworkers, upholsterers, woodworkers, furniture makers, musical instrument makers, clothing designers and makers, shoemakers, antique refinishers, glass or stained glass workers, sailmakers, and similar skilled craftspersons. ii) CRAFT WORKSHOP means a building or part of a building where craft products are made by hand or small production processes. 16.14a CUPOLA means a small decorative structure, not exceeding 14 sq.m. (150 sq.ft.) surmounting and attached to a roof or dome, often used to admit light and air. The cupola shall be decorative with no access for either the public or private individuals, or for human habitation or storage or shelter of goods. 16.15 DAY CARE CENTRE i) RESIDENTIAL DAY CARE means a part of a dwelling where the owner or occupier of the dwelling provides accommodation and care, for financial remuneration, to ten (l0) or fewer children, without providing overnight accommodation. ii) COMMERCIAL DAY CARE CENTRE means a facility other than a Residential Day Care Centre, located in a building or part of a building, where children are accommodated and cared for, for financial remuneration, without providing overnight accommodation. 16.16 DEVELOPMENT includes the erection, construction, alteration, placement, location, replacement or relocation of, or addition to, a structure and a change or alteration in the use made of land or structures. 16.17 DEVELOPMENT OFFICER means the person appointed by Council under the authority of the Planning Act to administer the provisions of the Land Use By-law. 16.18 DEVELOPMENT PERMIT means the permit issued by the Development Officer certifying that a proposed development complies with the provisions of the Land Use By-law. 16.19 DEVELOPER means any person, incorporated body, partnership or other legal entity which undertakes a development. 16.20 DRIVE-THROUGH SALES means business transacted, or capable of being transacted, directly with customers located in a motor vehicle during such business transaction. 16.21 DWELLING means a building, occupied or capable of being occupied as a home, residence or sleeping place by one or more persons, containing one or more dwelling units and shall not include a hotel, a motel or apartment hotel, and for greater certainty: ____________________________________________________ Planning Department 81 i) SINGLE UNIT DWELLING means a completely detached dwelling other than a mobile home, and which contains one dwelling unit. ii) MULTI UNIT DWELLING means a dwelling containing three or more dwelling units. 16.22 DWELLING UNIT means one or more habitable rooms that may be used by one or more individuals as an independent and separate housekeeping establishment in which kitchen and sanitary facilities (lavatory, washroom, bathroom) are provided for the exclusive use of such individual or individuals, with a private entrance from outside the building or from a common hallway or stairway inside the building. 16.23 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. 16.24 EXISTING means in existence prior to the effective date of this by-law. 16.25 FARM ANIMAL means any animal commonly bred on a farm, including but not limited to: horses, cattle, sheep, goats, swine, fowl, mink, fox, rabbits, donkeys, emu, llama. 16.26 FARM ANIMAL UNITS means one or more farm animals as specified in the following table: Farm Animal Number of Animals Required to Make One Farm Animal Unit Mink 0.2 Foxes 0.2 Swine 0.2 Cattle 1 Horses 1 Sheep 1 Goats 1 Fowl 20 Rabbits 20 Fowl & Rabbit combination 20 All other farm animals 1 16.27 FIXED WALL SIGN - See SIGN. 16.28 FLANKAGE YARD - See YARD. 16.29 FRONTAGE - See LOT FRONTAGE. 16.30 GRADE means, with reference to a building or structure, the lowest elevation of the finished surface of the ground where it meets the exterior of the foundation of the building or structure and when used with reference to a street, road or highway means the elevation of the street, road or highway established by the municipality or other designated authority. 16.31 GROUND SIGN - See SIGN ____________________________________________________ Planning Department 82 16.32 GROUP HOME means a family home, group care facility, or similar facility for 24 hour non-medical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or protection of the individual, where the number of residents does not exceed nine (9) excluding staff. 16.33 GUEST HOUSE means a part of a dwelling where the resident owner or resident occupant provides accommodation, with or without meals, to the travelling public for financial remuneration and does not include facilities open to the general public such as meeting rooms, restaurants, or entertainment facilities. 16.34 HEIGHT means, with reference to a building, the vertical distance on a building between grade (see definition 16.30) and the highest point of the building. When applying this measurement to any building having a roof pitch of 4 in 12 or less, deduct 2 metres (six feet) from the maximum height set in the zone requirements. 16.35 HOTEL means a building or establishment which provides accommodation for the travelling public for financial remuneration and may include other facilities including meeting rooms, restaurants, and entertainment facilities and which is open to the general public. 16.36 INDUSTRIAL USE means the use of land or structures for the manufacturing, processing, fabricating or assembly of raw materials or goods, warehousing or bulk storage of goods, equipment and machine servicing, and related accessory uses. 16.37 INDUSTRIAL WORKSHOP means a building and grounds in industrial uses involving the skilled trades such as, but not limited to, sheet metal work, blacksmithing, auto and auto body repair, welding, boatbuilding, machine and woodworking, baking and similar uses and which employs no more than six (6) people in the production process, exclusive of the owner/operator, and does not include warehousing or bulk storage. 16.38 INN means a building where the resident innkeeper provides accommodation, with or without meals, to the travelling public for financial profit and which does not include a hotel, motel, meeting room, restaurant or entertainment facilities and which contains no more than eight (8) rental units. 16.39 INSTITUTION means a building or part of a building used by an organized body or society for promoting a particular purpose with no intent of profit, such as churches, community centres, hospitals,and homes for special care, but not including private clubs. 16.39A KENNEL means an establishment for the breeding and/or boarding of dogs and includes establishments known as “Doggie Day Care” or any similar definition thereof. 16.40 KITCHEN means a room in a building containing any two of the following: i) cooking facilities such as cooking stove, cooking range or countertop stove with or without oven; ii) food storage facilities such as a pantry or refrigerator iii) dish washing facilities such as a sink; and for greater clarity, any building containing two or more of the above elements is deemed to include a kitchen. 16.41 LOADING SPACE means an area of not less than 48 square metres (520 sq. ft.) measuring at least 4 metres (13 ft.) by 12 metres (40 ft.) for the temporary parking of commercial motor vehicles while merchandise or materials are being loaded or unloaded and which has adequate access to permit ingress and egress by means of driveways, aisles, manoeuvring areas or similar areas, but which is not used for sales or display. ____________________________________________________ Planning Department 83 16.42 LOT means any parcel of land as described by its boundaries, and for greater certainty: i) CORNER LOT means a lot situated at the intersection of and abutting on two or more streets. ii) INTERIOR LOT means a lot situated between two lots and having access to one street. iii) THROUGH LOT means a lot bounded on two opposite 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 by-law. iv) ABUTTING LOT means a lot having one or more boundaries coincident with one or more zone boundaries. v) WATERFRONT LOT means a lot of which any portion is within 29 metres (75 feet) of a lake, river, stream or ocean. 16.43 LOT AREA means the total plane horizontal area within the lot lines of a lot. 16.44 LOT FRONTAGE means the horizontal distance between the side lot lines, such distance being measured perpendicularly to the line joining the middle of the front lot line with either the middle of the rear lot line or the apex of the triangle formed by the side lot lines and at a point thereon equal in distance to the minimum applicable front yard. 16.45 LOT LINE means a boundary line of a lot, and for greater certainty: i) FRONT LOT LINE means the line dividing the lot from the street. In the case of a corner lot, either boundary line abutting the street may be regarded as the front lot line. In the case of a through lot the longer boundary dividing the lot from the street shall be deemed to be the front lot line and the opposite, shorter boundary shall be deemed to be the rear lot line, and where such lot lines are of equal length, the front lot line shall be deemed to be the front lot line as established in the block by prior construction. In the case of a lot which does not abut a street the front lot line shall be determined by the orientation of the main building on the lot. ii) REAR LOT LINE means the lot line furthest from or opposite to the front lot line. iii) SIDE LOT LINE means a lot line other than a front or rear lot line. iv) FLANKAGE LOT LINE means a side lot line which abuts the street on a corner lot. 16.46 LOUNGE means premises licensed as a lounge by the Liquor License Board of Nova Scotia. 16.47 MAIN WALL means the exterior front, side or rear wall of a building, and includes but is not restricted to all structural members essential to the support of a fully or partially enclosed space or roof and any decks, bay windows, porches, steps, verandas, balconies and roof overhangs. 16.48 MAIN BUILDING - see BUILDING 16.49 MARINA means a building, structure or place, containing docking facilities and located on a navigable waterway, where boats and boat accessories are stored, serviced, repaired or kept for sale or rent, and may include other services such as but not limited to the sale of marine fuels and lubricants. ____________________________________________________ Planning Department 84 16.50 MEDICAL CLINIC means a building or part of a building used for the medical, dental, surgical, or therapeutical treatment of human beings or animals on an outpatient basis, but does not include a public hospital, private hospital, animal hospital or a professional office of a doctor located in his residence. 16.51 MINI HOME means a prefabricated detached dwelling designed for transportation on a flatbed or other trailer to a site where it is to be occupied as a dwelling complete and ready for occupancy (except for minor and incidental unpacking or assembly operations). This definition excludes the modular type of prefabricated dwelling where separate units are joined together side by side to form the complete dwelling unit. 16.52 MOBILE HOME means a prefabricated detached dwelling designed for transportation on its own chassis and wheels to a site where it is to be occupied as a dwelling complete and ready for occupancy (except for minor and incidental unpacking or assembly operations). A mobile home shall be considered to be a mobile home whether or not the chassis or wheels are removed. This definition excludes the modular type of prefabricated dwelling where separate units are joined together side by side to form the complete dwelling unit. 16.53 MOTEL means a type of hotel which is characterized by separate outside entrances to individual sleeping accommodations and close-by parking, and which may include meeting rooms, restaurants and entertainment facilities. 16.54 MUNICIPAL GOVERNMENT ACT means the Act respecting Municipal Government, R.S.N.S. 1998, Chapter 18 as amended from time to time. 16.55 NURSING HOME means a building wherein nursing care and room and board are provided to individuals incapacitated in some manner for medical reasons but does not include a hospital. 16.56 OFFICE means a room or rooms where business may be transacted, a service performed or consultation given, and includes, but is not limited to the following: physicians, surgeons, dentists, lawyers, architects, engineers, accountants, real estate agents, insurance agents, photographers, optometrists, chiropractors, eye specialists and similar uses, and may include retail sales or dispensing of goods associated with and incidental to the main use. 16.57 OPEN STORAGE means the storage of any items outside a building, not primarily for the encouragement of sale of the item or of similar items, but principally for storage purposes. 16.58 OUTDOOR DISPLAY means a display of goods on a lot for the purpose of encouraging the purchase of the display items, or items similar to the display items, and without limiting the generality of the foregoing such displays would include displays of cars, trucks, vans, motor homes, mobile homes, trailers, boats, snowmobiles, motorcycles, swimming pools, decorative fountains, prefab cottages or homes. 16.59 OWNER includes a person controlling the property under consideration, and also includes prima facie the assessed owner of the property whose name appears on the assessment roll prepared in accordance with the Assessment Act. 16.60 PARK means an open area devoted to passive recreational uses or conservation uses and which may include ornamental gardens and lawns, outdoor furniture, accessory structures and children's playgrounds. 16.61 PARKING 16.61 A OFF-SITE PARKING means Off-street Parking, for the exclusive use of the development to which it relates, but not located on the same lot as the use that requires it. 16.61 B OFF-STREET PARKING means either On-site or Off-site Parking spaces, located on private property and for the exclusive use of the development to which it relates. Off- street parking may not be located on a public street, Right-of-Way, or other public property. See PARKING SPACE. ____________________________________________________ Planning Department 85 16.61 C ON-SITE PARKING means the standard form of Off-street Parking provided in relation to a development. Located on the same lot as the use that requires it and in compliance with all other provisions of the Land Use By-law. See PARKING SPACE. 16.61 D PARKING LOT means an open area, other than a street, for containing five or more on- site parking spaces, or one (1) or more off-site parking spaces, available for public use or as an accommodation for clients, customers or residents, and which has adjacent access to permit ingress or egress of motor vehicles to a street. 16.61 E PARKING SPACE means an area of not less than 15 square metres (162 square feet), measuring 2.75 metres (9 feet) by 5.5 metres (18 feet) 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 manoeuvring areas. 16.62 DELETED 16.63 PERSON includes an individual, association, firm, partnership, corporation, trust, incorporated company, organization, trustee or agent, and the heirs, executors or other legal representatives of a person to whom the context can apply according to law. 16.64 PERSONAL SERVICE SHOP means a building or part of a building in which persons are employed in furnishing services and otherwise administering to the individual and personal needs of other persons, and without limiting the generality of the foregoing may include such establishments as barber shops, beauty parlours, hairdressing shops, shoe repair and shoe shining shops, but excludes any manufacturing or fabrication of goods for sale. 16.65 PLANNING STRATEGY means the Secondary Planning Strategy of the Municipality of the District of Chester for the Village of Chester and the surrounding area. 16.66 PRIVATE STORAGE BUILDING means an enclosed or partially enclosed structure for the storage of materials or goods in which no business, occupation, or service is conducted for profit. 16.67 PUBLIC BUILDING means a building of the Public Authority of the Government of Canada, Province of Nova Scotia, Municipality of the District of Chester, or Chester Village Commission, including any agency or commission or corporation of the Municipality. 16.68 PUBLIC SEWER means a sewage collection system owned, and operated by the Municipality of the District of Chester. 16.69 RECONSTRUCT when used with reference to a building or structure means to build a wholly or substantially new structure in the same location as an existing structure, where the original existing structure has been wholly or partially removed and the resulting structure is of substantially the same dimensions and volume as the original structure as demonstrated by photographs or measured drawings of the original structure. 16.70 RECREATION means the use of land for parks, playgrounds, tennis courts, lawn bowling greens, outdoor skating rinks, athletic fields, picnic areas, outdoor swimming areas, day camps, and non-commercial uses similar to the foregoing, together with necessary and accessory buildings and structures, but not including a track for the racing of animals or any form of motorized vehicles. 16.71 REPAIR when used with reference to a building or structure means to renovate or mend by replacing or repairing parts without altering the size or volume of the structure. 16.72 REPAIR SHOP - See SHOP ____________________________________________________ Planning Department 86 16.73 RESIDENTIAL CONVERSION means any building which is converted to contain more than one dwelling unit. 16.74 REPLACE when used with reference to a building or structure, means to build a wholly or substantially new structure on a lot where the original structure has been partially or wholly demolished. 16.75 RESIDENTIAL DAY CARE CENTRE - See DAY CARE. 16.76 RESTAURANT means a building or part thereof where food and drink is prepared and served to the public for consumption within the building or attached cafe or patio and for greater certainty: i) DRIVE-IN RESTAURANT means an establishment or part thereof where food and drink is served to the general public for consumption off the premises or on the premises outside of the restaurant building. ii) TAKE-OUT RESTAURANT means a building or part thereof where food and drink is sold to the public and which does not provide facilities for consumption thereof on the premises. 16.77 SERVICE STATION means a building or part of a building or a clearly defined space on a lot used for the retail sale of lubricating oils and gasolines and may include: the sale of automobile accessories; servicing and repair essential to the actual operation of motor vehicles; an automobile wash; or automobile sales. 16.78 SEWAGE TREATMENT FACILITY means any works by a public authority for the collection, transmission, storage, treatment and disposal of sewage, which may include tanks, pumps, pump houses, aeration equipment, etc., and associated storage buildings directly related to the activity of sewage treatment but which shall not include facilities, buildings, or storage for other public works activities not directly related to sewage treatment. 16.79 SHOP means any building or part thereof used for sales or repair of articles, and for greater certainty: i) BODY SHOP means a building or part of a building or a clearly defined space on a lot where motor vehicle bodies are repaired and does not include a service station or automobile sales; ii) REPAIR SHOP means any building or part thereof used for the repair of household articles and shall include radio, television, and appliance repair shops, plumbing repair shops, electrical repair shops, furniture repair shops, shoe repair shops but shall not include industrial or manufacturing, motor vehicle repair shops or auto body repair shops. 16.79A SHIPPING CONTAINER means a large container or a structure, usually of metal, with strength suitable to withstand shipment, storage, and handling and used to transport cargo that is specially designed to facilitate the secure storage or carriage of goods, by one or more modes of transport, without intermediate reloading or repacking of goods; also a freight container and includes any form of skid building or self-contained mobile office. 16.80 SIGN means any structure, device, projection, 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, or advertise, any object, product, place, activity, person, institution, organization, firm, group, commodity, profession, enterprise, industry or business, or which shall display or include any letter, work, model, number, banner, flag, pennant, insignia, device or representation used as an identification or advertisement, and which is legible from off the premises or from a parking lot. A sign shall be considered to be a single display surface or display device containing elements organized, related, and composed to form a unit. Where matter is displayed in a random manner without organized relationship or elements, or where there is reasonable doubt about the relationship of elements, each element shall be considered to be a single sign, and for greater ____________________________________________________ Planning Department 87 certainty: i) COMMUNITY EVENT BANNER means a banner which advertises or promotes a community event and which bears no commercial advertising other than the name or logo of a commercial sponsor of the event. ii) DAILY MESSAGE SIGN means a sign attached directly to a building, which is constructed of white board, chalk board, or another easily erased material. iii) FIXED WALL SIGN means a sign which is attached directly to or painted upon a building wall, and which does not extend therefrom, and does not extend above the roof line. iv) GROUND SIGN means a sign supported by one or more uprights or braces placed in or upon the ground. v) ILLUMINATED SIGN means any sign which emanates light through transparent or translucent material from a light source within the sign, including neon light signs and digital display signs, but does not include a sign which has external lighting, such as flood lights, directed at it. vi) PLACENAME SIGN means a ground sign which bears the name or address or both name and address of a building, building complex, industrial area, commercial area or residential area and which displays no commercial advertising. vii) PORTABLE SIGN means a ground sign which is not permanently affixed in the ground and . viii) PROJECTING WALL SIGN means a sign which projects from and is supported by a wall of a building. ix) SIGN AREA means the area of the smallest triangle, rectangle or circle or semi-circle which can wholly enclose the surface area of the sign. x) WINDOW SIGN means a sign which is attached to a window or glass door and is legible from off the premises or from a parking lot. 16.81 SKILLED TRADES means those occupations pursued as a business or calling, usually learned by apprenticeship, and distinguished from mercantile, professional or agricultural occupations or unskilled labour, and including but not restricted to, plumbers, electricians, and carpenters but, for the purposes of this by-law, excluding sheet metal workers, blacksmiths, auto repair persons and welders. 16.82 STUDIO means a building or part thereof used as a workroom for the study, execution or instruction of any fine or commercial art, or craft, including photography, music, visual arts and commercial design. 16.83 STREET means the whole and entire right-of-way of every highway, road, or road allowance vested in the Province of Nova Scotia or the Municipality of the District of Chester. 16.84 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, and for greater certainty: i) ACCESSORY STRUCTURE means a subordinate structure on the same lot as the main building, devoted to an accessory use, and located more than 1 metre (3.3 feet) from the main building on the lot. 16.85 TOURIST INFORMATION CENTRE means a building or booth where tourist information is provided to the travelling public. ____________________________________________________ Planning Department 88 16.86 USE means the purpose for which any land, building or structure is utilized, and also means the purpose for which any land, building or structure is designed, arranged, or intended or the purpose for which any land, building or structure is occupied or maintained or leased, and for further certainty: i) ACCESSORY USE means a use subordinate and naturally, customarily and normally incidental to, and exclusively devoted to, a main use of land or building and located on the same lot. ii) AGRICULTURAL USE means the utilizing of land, buildings or structures to raise crops or animals or fowl and includes the harboring or keeping of any one or more of the following livestock regardless of its stage of development: horse, pony, pig, cow, bull, goose, duck, hen, rooster, sheep, goat or similar livestock. iii) CHANGE IN USE means any alteration in the use made of the whole or any part of a parcel of land, a building or a structure. iv) FORESTRY USE means the use of land, buildings, or structures to raise trees. v) NON-CONFORMING USE means a use as described in Sections 83-87 of the Planning Act. 16.87 WAREHOUSE means a building where ware or goods are stored but shall not include a retail store. 16.88 WIDTH means a horizontal distance measured parallel with the lot frontage. 16.89 YARD means an open, uncovered space on a lot appurtenant to a structure or a specified land use, and in determining yard measurements, the minimum horizontal distance from the respective lot lines shall be used; and for greater certainty: i) FLANKAGE YARD means the side yard on a corner lot, which side yard extends from the front yard to the rear yard between the flankage lot line and the main wall of any building or structure. ii) FRONT YARD means a yard extending across the full width of a lot between the front lot line and the nearest main wall of any building or structure on the lot; and "minimum" front yard means the minimum depth of a front yard between the front lot line and the main wall of any building or structure. iii) REAR YARD means a yard extending across the full width of a lot between the rear lot line and the nearest main 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 main wall of any building or structure. iv) 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 main wall of any building or structure on a lot; and "minimum" side yard means the minimum width of a side yard between a side lot line and the main wall of any building or structure. v) ABUTTING YARD means a yard of an abutting lot which adjoins an adjacent zone boundary. 16.90 ZONE means a specified area of land shown on Schedule "A" of this by-law and more particularly referredto in Part 3 of this by-law. ____________________________________________________ Planning Department 89 PART 17 SCHEDULES SCHEDULE "A(1)" ZONING MAP - 1:10,000 SCALE (attached) SCHEDULE "A(2)" ZONING MAP - 1:5,000 SCALE (attached) SCHEDULE "B" - LIST OF EXISTING ROADS NAME and DESCRIPTION DRAWING NUMBER (APPENDED) SURVEY PLAN REFERENCE Peninsula Road Extension from Station 0+00.0 to Station 10 +40.9, a distance of 1040.9 feet, and also including a portion of the turning circle, all as shown on a Plan of Survey by Hebb, Turner, Himmelman I Hebb, Turner, Himmelman Land Surveyors Ltd. #M-402 dated 9 July 1991, filed at the Registry of Deeds, Chester as plan No. 2451. ____________________________________________________ Planning Department 90 SCHEDULE "C" - LIST OF PRIOR EXISTING USES Existing Land Use Survey August 2003 Description Assessment Account Number/Property Identification Number a) Prior Existing Multi-Unit Dwellings Containing 3 or More Units 1. Robert G. Cragg - apartment buildings on one lot 54 Duke Street - 6 units 52 Duke St. - 2 units 37 Water St. - 4 units 00172995 / 60091683 2. Otto Van Barneveld [Formerly Paul G. Flinn Ltd.] - #49 Queen Street - 4 units 03688569 / 60090800 3. Paul G. Flinn Ltd. - apartment building at #58 Duke Street 03688585 / 60091691 4. Shoreham Village Senior Citizens Ass. #3777 Route #3 04254708 / 60605870 5. Audrey J. Youden [Formerly 1840 Holdings Ltd.] - #122 Queen Street - 10 units 01837885 / 60091097 6. Robert Martin Emmerson [Formerly Bertrand G. Bosmans] - 6 unit apartment building at 103 Duke Street (two lots together) 00217409 / 60091303 b) Prior Existing Mobile Homes 1. Dwight L. Neaves [Formerly Jack Hyslop] at #3884 North Street 02130157 / 60094182 2. Cindy Diane Boutilier & Gordon Lee Boutilier [Formerly Richard Pearl] - #11 Valley Road 03697703 / 60091188 c) Prior Existing Marinas 1. Old Wharf Chester Ltd. - #36 Water Street including permanent and floating wharves 03614085 / 60394970 d) Prior Existing Institutional Uses in the WR Zone 1. Chester Yacht Club - #21 South Street 00730033 / 60090305 2. Chester Back Harbour Wharf - Victoria Street 08210020 / 60395597 3. Federal Wharf (Public Wharf Front Harbour) Fisheries & Oceans [Formerly Public Works Canada] - Chester Ferry Wharf - Water Street 01160036 / 60598653 e) Prior Existing Commercial Uses in the WR Zone 1. Old Wharf Chester Ltd. - #36 Water Street Restaurant & Marina 03614085 / 60394970 2. James A. Barkhouse & Cynthia Lamson [Formerly Reid Barkhouse, Walter Barkhouse & Son] -#233 Pig Loop Road - boat tours, boat rentals, gift shop 00218448 / 60091964 ____________________________________________________ Planning Department 91 3. Albert G. Nauss & Douglas Walter Rines (2003) [Formerly Albert Gordon Nauss - #231 Pig Loop Road. - wharf 03477819 / 60091972 f) Prior Existing Beverage Rooms and Lounges 1. DATIM Real Estate Ltd. - F'o'c'sle Tavern - #40 Queen Street 02052873 / 60091436 2. The Captain's House (1990) Ltd. - Captain's House - #33 Central Street 04560175 / 60090263 g) Prior Existing Industrial Developments 1. Chester Plastics (1975) Ltd. - #4171 Route 3 00729922 / 60140183 h) Prior Existing Contractors Workshops in the Low Density Residential Zone 1. Colleen E. Zinck [Formerly William Zinck Contracting] - 4032 Route 3 08236178 / 60385259 2. Barry Redmond Contracting, 4020 Route 3 04434625 / 60087590 i) Prior Existing Commercial Developments in the Rural Zone 1. Chester Furniture, 270 Stanford Lake Road 00729914/60146768 j) Prior Existing Commercial Uses in the I Zone 1. Personal Service Shop, #14 Union Street (Royal Canadian Legion, Branch #44) 04074696/60091287 ____________________________________________________ Planning Department 92 SCHEDULE D - SITE DESIGN GUIDELINES FOR BASIC DESIGN D - 1 Site Standards Intent: Chester is a tightly knit, human scaled, walkable waterfront community. The site development of lots along Highway 3 should be consistent with the site standards, scale and pedestrian focus of the Village. Site development standards should reinforce a pedestrian and human scaled focus. Typical commercial strip style development will be restricted. Wherever possible, environmental planning principles should be employed to minimize the ecological footprint of all development. Design Guidelines New Main Structures Additions Over 100 M2 Accessory Structures Over 100 M2 D1-1. No parking shall be permitted between Highway 3 and the building front. Locate storage, service, loading areas and parking to the side and /or rear of the building. Entry driveways may be placed within the buildings street frontage only where there is no other alternative. Required Required only for any NEW parking spaces required under the Land Use By-law Required only for any NEW parking spaces required under the Land Use By-law ____________________________________________________ Planning Department 93 Design Guidelines New Main Structures Additions Over 100 M2 Accessory Structures Over 100 M2 D1-2. Locate buildings close to Highway 3 so that they are accessible and visible to pedestrians. To accomplish this, at least 60% of the building’s frontage shall be within 40’ of the Highway 3 Right-of-way (the front yard lot line). None of the building frontage should be more than 80’ from the front lot line. Any additional buildings on the lot are exempt, so long as their footprint does not exceed the building closest to Highway 3. Required Required only for any portion of a NEW addition. Not Required so long as the accessory structure’s footprint does not exceed the build ing closest to Highway 3. D1-3. Parallel on-street parking shall be permitted on Highway 3 so long as the developer is responsible for paying for changes on the road corridor (ditches and drainage, utility pole and street light relocation, reinstatement of shoulder, construction of bike lanes and sidewalks) in coordination with NSTIR. These spaces cannot be reserved for the sole use of the fronting owner but the calculation can be used to satisfy the zone parking requirements. Permitted Permitted Permitted ____________________________________________________ Planning Department 94 Design Guidelines New Main Structures Additions Over 100 M2 Accessory Structures Over 100 M2 D1-4. Main entrances for buildings shall front onto Highway 3 and be connected to the highway via a minimum 1.5 m (5’) wide walkway. The walkway is to be constructed of concrete, natural stone or pavers no greater than 8”x8” (or any combination thereof). Required Required for any NEW main entrance Not Required D1-5. Main entrances for main buildings shall be connected to the highway via a minimum 1.5 m (5’) wide walkway. The walkway is to be constructed of concrete, natural stone or pavers no greater than 8”x8” (or any combination thereof). Required Required for any NEW OR RELOCATED main entrance Not Required ____________________________________________________ Planning Department 95 Design Guidelines New Main Structures Additions Over 100 M2 Accessory Structures Over 100 M2 D1-6. No more than 1 entry driveway per 60 m. (200’) of lot frontage shall be permitted. Owners should work to provide shared driveway access with neighbouring properties, where possible, to minimize the number of driveway entrances on Highway 3. Required for new and existing driveways Required for new and existing driveways Not Required D1-7. Driveway widths shall not exceed 7.5 m.(24’). Required Required Not Required D1-8. Transformers or trash service facilities shall not be located in the front yard of any building. Required Required for existing or new trash service facilities and for new transformers Required for existing or new trash service facilities and for new transformers D1-9. To minimize traffic problems, environmental impacts of idling and sedentary lifestyles, Drive-throughs shall be strictly controlled in the study area. (See Schedule ‘G’). Required Required Required ____________________________________________________ Planning Department 96 Design Guidelines New Main Structures Additions Over 100 M2 Accessory Structures Over 100 M2 D1-10. Sites shall be designed for no net change in runoff for the 2 year design storm(2Q24). The site plan should address strategies to mitigate a 20 year event. Required Not Required Not Required D1-11. Painted parking stalls shall not exceed 18‘x9’ in dimension with the exception of required accessible stalls. Parking for small vehicles (2.4m x 3.5m (8‘x12’)) is encouraged and shall be counted in the parking calculation. For every electric vehicle (EV) parking spot (electric plug-in provided), the parking calculation shall count each EV spot as 1.5 vehicles. Required Required for any NEW parking spaces required under the Land Use By-law Required for any NEW parking spaces required under the Land Use By-law D1-12. Parking lots with more than 30 parking stalls require an oil-grit separator to control drainage. Required Required when more than 30 NEW parking spaces are required under the Land Use By-law Required when more than 30 NEW parking spaces are required under the Land Use By-law ____________________________________________________ Planning Department 97 Design Guidelines New Main Structures Additions Over 100 M2 Accessory Structures Over 100 M2 D1-13. One landscaped parking island (no less than 22 sq. m. (240 sq.ft.)) is required for every 30 parking spaces to break up the asphalt and reduce the urban heat island effect. Each island must contain at least one 50mm (2") caliper tree. Required Required when 30 or more NEW parking spaces are required under the Land Use By-law Required when 30 or more NEW parking spaces are required under the Land Use By-law D1-14. All driveways between Highway 3 and the rear or side parking lot shall include a 1.5m (6’) minimum wide walkway from the front lot line to the front door. Required Required for any new driveways Required for any new driveways D1-15. Parking lots shall sheet drain to landscaped areas or rain gardens wherever possible without concentrating flow or causing drainage problems on surrounding properties. Required Required for any NEW parking spaces or lots required under the Land Use By-law Required for any NEW parking spaces or lots required under the Land Use By-law D1-16. The provisions of Land Use By-law subsection 4.4.6 shall be followed within 16 metres (52 ft.) of Stanford Lake and 8 metres (26 ft.) of all other watercourses identified on Map 8 of the Secondary Planning Strategy. Required Required Required D1-17. Shared parking lots are encouraged. Permitted Permitted Permitted ____________________________________________________ Planning Department 98 Design Guidelines New Main Structures Additions Over 100 M2 Accessory Structures Over 100 M2 D1-18. Buildings and landscaping elements shall be used to screen adjacent properties from storage and parking areas. Required Required Required ____________________________________________________ Planning Department 99 D - 2 Landscape Intent: Chester’s landscapes are some of the most prized in the Province providing a varied mix of ‘naturalized’ rugged landscapes and manicured ‘designed’ landscapes for full seasonal interest and variety. The landscapes of Chester are one of the elements that make the village area distinct. In this light, the following guidelines will ensure that the landscapes of the Highway 3 study area reinforce the unique Chester vernacular. Design Guidelines New Main Structures Additions Over 100 M2 Accessory Structures Over 100 M2 D2-1. Fully landscaped beds shall be incorporated into the site design containing no less than 25% of the building footprint in area. ‘Landscaped beds’ consist of plant material that grows-in hiding the mulch or soil within 3 years. Mulch or rock beds with little or no plant material or grass lawns are NOT considered ‘landscaped beds’. Required Required for the footprint of the new addition only. Required for the footprint of the new addition accessory structure only. D2-2. Trees shall be required at a frequency of no less than one 50mm (2 in.) caliper tree per half acre of disturbed site. Required Required Required ____________________________________________________ Planning Department 100 Design Guidelines New Main Structures Additions Over 100 M2 Accessory Structures Over 100 M2 D2-3. For any buildings set back 9 m.(30’) or more from the front lot line, one tree of minimum 60mm (2.3 in.) caliper shall be required to be planted between the building and the street for every 9 m. (30’) of building frontage. Required Required Required D2-4. A bike rack shall be provided for all commercial developments with 1 bike space per every 186 sq. m. (2000 sq.ft) of commercial space. Required Required Required ____________________________________________________ Planning Department 101 Design Guidelines New Main Structures Additions Over 100 M2 Accessory Structures Over 100 M2 D2-5. Picket fences, hedges and granite stone walls are part of the landscape vocabulary for Chester. Fences, hedges or stone walls should be worked to the site form of any new development in the corridor. Fences, hedges or stone walls should be incorporated into the site design for a length of no less than 25% of the lot frontage length. Ideally the fences, hedges and/or walls should be incorporated into the main walkway design and be visible from Highway 3. Exposed concrete walls are prohibited in the lot frontage. Required Required Required D2-6. Lawn areas should be sodded or seeded with no less than 15 cm. (6”) of high quality topsoil using a grass cultivar suited to the shade and salt level of the specific lot. Landscaped beds are preferred over maintained turf areas whenever possible. Required Required Required ____________________________________________________ Planning Department 102 Design Guidelines New Main Structures Additions Over 100 M2 Accessory Structures Over 100 M2 D2-7. If landscaped beds are lit, low voltage landscape lighting should be used and must include a timer system that shuts off before 11 p.m. Low energy LED lighting is preferred. Required Required Required D2-8. All trees greater than 15 cm (6”) diameter (measured at 1 m. (3’) from the base) should be preserved wherever possible. Required Required Required ____________________________________________________ Planning Department 103 SCHEDULE E - SITE DESIGN GUIDELINES FOR LARGE FORMAT DEVELOPMENT E - 1 Site Development Intent: These guidelines apply both to new and to expansion of existing development resulting in a floor area greater than 1,394 sq.m. (15,000 sq. ft.) This entire schedule is to be read in conjunction with Schedule D, F and G. Design Guidelines New Main Structures Additions over 100 m2 Accessory Structures over 100 m2 E1-1. Where the main building does not front directly on highway 3, any large format commercial development (>1,394 sq. m. (15,000 sq. ft.) floor area) shall reserve commercial pad sites (<464 sq. m. (5,000 sq. ft.) commercial area) along Highway 3 equivalent to no less than 1/4 of the commercial footprint. The design guidelines outlined in this chapter schedule apply to these commercial pad sites. The intent of these smaller pad sites is to conceal (to some degree) the parking lot for the large format commercial in the rear and provide active commercial frontage on Highway 3 unobstructed by parking. Required Required Not Required ____________________________________________________ Planning Department 104 Design Guidelines New Main Structures Additions over 100 m2 Accessory Structures over 100 m2 E1-2. All new large format developments shall be required to plant street trees along Highway 3 at a spacing of no less than one 3” (762 mm) caliper tree every 15 m. (50’). Required Required Required E1-3. Parking lots shall include stormwater drainage islands to store and cool parking run-off. Stormwater islands area coverage should be no less than 3% of the overall parking area. They should be designed with landscaped parking islands no less than 23 sq. m. (250 sq. ft.) per 40 cars. Each Island should have two 3” (762 mm) caliper trees. Required Required for any NEW parking spaces or lots required under the Land Use By-law Required for any NEW parking spaces or lots required under the Land Use By-law E1-4. One oil grit separator shall be required for every 50 cars. Required Required for any NEW parking spaces or lots required under the Land Use By-law Required for any NEW parking spaces or lots required under the Land Use By-law ____________________________________________________ Planning Department 105 Design Guidelines New Main Structures Additions over 100 m2 Accessory Structures over 100 m2 E1-5. A stormwater wetland or water feature shall be designed as part of the stormwater run-off control. The site should be designed to retain the 5-year storm. The stormwater feature should be designed as a publicly accessible park feature instead of an inaccessible, fenced off detention facility. Required Not Required Not Required ____________________________________________________ Planning Department 106 E-2 Pedestrian Amenities Intent: Pedestrian accessibility opens auto-oriented developments to adjacent neighborhoods, thereby reducing traffic impacts and enabling the development to project a friendlier, more inviting image. Public sidewalks and internal pedestrian circulation systems can provide user-friendly pedestrian access as well as pedestrian safety, shelter, and convenience within the commercial property. The following guidelines are adopted to accommodate pedestrian flow. Design Guidelines New Main Structures Additions over 100 m2 Accessory Structures over 100 m2 E2-1. Sidewalks 1.5 metres (5 ft) minimum width shall be required along Highway 3 for the length of the development’s frontage. Costs are to be paid by the developer and shall be built to the Municipal Specifications. Required Not Required Not Required ____________________________________________________ Planning Department 107 Design Guidelines New Main Structures Additions Over 100 M2 Accessory Structures Over 100 M2 E2-2. Continuous internal pedestrian walkways, no less than 1.5 metres (5 ft.) in width, shall be provided from the public sidewalk or right-of-way to the principal customer entrance of all principal buildings on the site. At a minimum, walkways shall connect focal points of pedestrian activity such as, but not limited to, transit stops, street crossings, building and store entry points and shall feature adjoining landscaped areas that include trees, shrubs, benches, flower beds, ground covers, or other such materials. Required Required for any NEW main entrances Not Required E2-3. Sidewalks, no less than 3 metres (10 ft.) in width, shall be provided along the full length of the building along any facade featuring a customer entrance, and along any facade abutting public parking areas. Required Required Not Required E2-4. All major pedestrian walkway crossings shall be distinguished from driving surfaces through the use of durable, low maintenance surface materials such as pavers, bricks, scored concrete or stamped asphalt, in order to enhance pedestrian safety and comfort. Required Required Required E2-5. A bike rack must be provided for all commercial developments with 1 bike space per every 186 sq. m. (2,000 sq. ft.) of commercial space. Required Required Required E2-6. All commercial buildings greater than 1,394 sq. m. (15,000 sq. ft.) should include an outdoor pedestrian plaza no less than 56 sq. m. (600 sq. ft.) with at least 8 benches, 12 - 3” or greater caliper sized trees, shrubs, a garbage container and lighting. Required Not Required Not required ____________________________________________________ Planning Department 108 Design Guidelines New Main Structures Additions over 100 m2 Accessory Structures over 100 m2 E2-7. Weather protection features such as awnings or arcades in front of the main entrances and on each side of all customer entrances of the building, are encouraged to cover a minimum of 1/3 of the length of the facade of the building. Required Required for any NEW main entrances of an addition Not required ____________________________________________________ Planning Department 109 SCHEDULE F – SITE DESIGN GUIDELINES FOR LIGHTING F -1 Lighting Intent: The mixed residential and commercial nature of Highway 3 means that commercial lighting must be designed to respect the residential neighbours while supporting safety and visibility. Design Guidelines New Main Structures Additions Over 100 M2 Accessory Structures Over 100 M2 A. Guidelines for Surface Parking F1A-1. Dark Sky compliant fixtures must be used to minimize light spillage and over-illumination. Required Required for any new fixtures Required for any new fixtures F1A-2. All parking lighting must not cast direct glare on neighbouring residential properties. Required Required for any new parking lighting Required for any new parking lighting F1A-3. Parking lighting must either be reduced to the minimum required for safety by 11pm or should include motion sensors for night lighting. Required Required for any new parking lighting Required for any new parking lighting ____________________________________________________ Planning Department 110 B. Guidelines for Buildings Design Guidelines New Main Structures Additions Over 100 M2 Accessory Structures Over 100 M2 F1B-1. Exterior lighting shall be downcast, and directed to eliminate glare onto residential properties. Required Required for any new exterior lighting Required for any new exterior lighting F1B-2. Exterior lighting shall meet levels required for emergency egress, in conjunction with highlighting desired architectural vernacular features. Required Required for any new exterior lighting Required for any new exterior lighting F1B-3. All signage lighting (free standing and on buildings) must be reduced to a minimum or turned off by 11 p.m. if it can be demonstrated that the light negatively impacts adjacent residential properties. Required Required for any new signage lighting Required for any new signage lighting ____________________________________________________ Planning Department 111 SCHEDULE G - SITE DESIGN GUIDELINES FOR DRIVE- THROUGH SALES G - 1 Drive-throughs Intent: Drive-through facilities can have significant impacts on the neighbouring properties, including the public street. Even though the general design guidelines apply to these facilities, there are specific points which require specific design guidelines, especially the lanes for cars waiting for service (stacking lanes). Design Guidelines New Main Structures Additions over 100 m2 Accessory Structures over 100 m2 G1-1. For food service businesses, the minimum stacking between the order board and the service window is 4 vehicles, and the minimum stacking before the order board is 12 vehicles. Required Required Required G1-2. For all other drive-through businesses, the minimum stacking is 4 vehicles. Required Required Required G1-3. Stacking lanes must be separate from, and not interfere with, loading areas or traffic circulation either in parking areas or on the public street. Required Required Required ____________________________________________________ Planning Department 112 Design Guidelines New Main Structures Additions over 100 m2 Accessory Structures over 100 m2 G1-4. Where walkways cross stacking lanes or other internal travel lanes, the pedestrian walkway must be clearly defined by being raised to curb height or similar clear physical definition. Required Required Required G1-5. Define a clear 1.5 metre (5 ft.) pedestrian walkway across any access driveways within the public street right-of-way. Required Required Required G1-6. Provide sound and litter barriers, such as sound fences or raised earthworks or a combination of those, between the stacking lanes and any adjacent residential or institutional properties. Required Required Required` ____________________________________________________ Planning Department 113 Design Guidelines New Main Structures Additions over 100 m2 Accessory Structures over 100 m2 G1-7. Ensure that all yard lighting fixtures are fully shielded, full horizontal cut- off fixtures which do not project any direct lighting or glare on any adjacent property, including the public street. Required Required Required ____________________________________________________ Planning Department 114 SCHEDULE H - ARCHITECTURAL DESIGN GUIDELINES FOR THE HIGHWAY 3 DEVELOPMENT AREA H – 1 General Architectural Intent: Successful future development of Highway 3 must be built upon the charm and style that is the Village of Chester. These guidelines are meant to provide a framework for future developers while respecting and maintaining the character and sense of place of Chester. The intent of this section is to ensure that the building forms developed on Highway 3 are consistent with the high quality building forms found in the village. Buildings should have architectural features and patterns that provide visual interests at a pedestrian scale, reduce massive aesthetic effects, and recognize the character of the local area. The elements in the following standard should be integral parts of the building fabric and not superficially applied through trim, graphics, or paint. Architectural controls are not intended to create a “theme park” frozen in time. All existing architectural styles from the village, including modern, are applicable A. Style: The architectural styles in Chester are varied and traditional. Examples of some of the varied styles in Chester are found on page 17-18 and 22-23 of the Highway 3 Streetscape Study. The intent of the Style guidelines is to ensure that the style of new development or major renovations is consistent with the vernacular of Chester and not with a placeless ‘corporate identity’ (often referred to as “Generica”). Design Guidelines New Main Structures Additions over 100 m2 Accessory Structures over 100 m2 H1A-1. Landscape details (hard and softscape, hardware and finishings) reinforce Chester as a distinct waterfront community. Details and fixtures should be consistent with those playful and artful details found in Chester. Off-the-shelf standards should be avoided where possible in favour of local custom solutions. Required Required Required H1A-2. For new buildings, the style shall be consistent with one of the prevalent styles of architecture already found in Chester. The building style must be recognizable and identifiable. Although present in Chester, the Bungalow style (single storey) is not permitted for commercial development due to its commercial inappropriateness, nor are corporate box styles and vertical steel cladding. Required Required Required H1A-3. For renovations, the style of the addition shall either reinforce the Required Required Required ____________________________________________________ Planning Department 115 Design Guidelines New Main Structures Additions over 100 m2 Accessory Structures over 100 m2 existing style or be one of the styles already found in Chester. H1A-4. Building components not visible from Highway 3 (e.g. the ‘back’), can be built to a less stringent standard and do not require a discernible style so long as the style is coordinated with the front. Required Required Required H1A-5. All applications shall include plan drawings and building elevations accurately drawn to scale and clearly showing how the proposed building will conform to the requirements of this section. Any proposed signage must be shown on all elevations as part of the approval process (signage is subject to Part 15 of the LUB). Required Required Required ____________________________________________________ Planning Department 116 B. Scale: Large monolithic and monotonous buildings shall be broken down into a collection of architectural parts. Design Guidelines New Main Structures Additions over 100 m2 Accessory Structures over 100 m2 H1B-1. Any building dimension that exceeds 40’ shall be broken into distinguishable ‘architectural parts’ using extending faces, changes in roof styles, changes in colour, and/or articulation in ‘bays’ to create an assemblage of architectural forms. Required Required Required H1B-2. Buildings with a footprint greater than 372 sq.m. (4,000 sq.ft.) shall incorporate a roof which gives the appearance of a second story using gabled windows, turrets or roof projections. The intent is to reduce ‘pancake’ or strip mall proportions Required Required Required Design Guidelines New Main Additions over Accessory ____________________________________________________ Planning Department 117 Structures 100 m2 Structures over 100 m2 H1B-3. Buildings with more than 80% commercial ground-floor area are permitted to measure the maximum permitted height from the street elevation immediately in front of the building in order to encourage mixed use development in the study area. This density bonus does not apply to the former Hawbolt property identified by PID numbers 60395902, 60395910, 60395928, 60395936, 60089430, and 60089448. Required Required Required ____________________________________________________ Planning Department 118 C. Roofs: Most of the traditional housing forms in Chester incorporate peaked roofs with a minimum 8:12 pitch. Many of these have gable ends that face the street and eave overhangs. Gable and shed dormers are prevalent. Design Guidelines New Main Structures Additions over 100 m2 Accessory Structures over 100 m2 H1C-1. Roof pitches below 6:12 are permitted for no more than 25% of the roof area. An exception may be made for roof pitches as low as 4:12 in order to match existing buildings on the same lot. The roof design should reinforce the architectural style of the building. Variations in roof lines should be used to add interest to, and reduce the scale of large buildings real roofs when viewed from any angle on Highway 3. Required Required Required ____________________________________________________ Planning Department 119 Design Guidelines New Main Structures Additions over 100 m2 Accessory Structures over 100 m2 H1C-2. Mechanical equipment shall be contained within the roof. If this is not possible, a penthouse shall be designed to screen the equipment if it is visible from anywhere on Highway 3. The penthouse design should reinforce architectural style. Required Required Required H1C-3. Water or electrical meters are discouraged on the front of the building. Required Required Required H1C-4. Eave and roof overhangs are encouraged particularly where they provide shelter over main entries. Required Required Required H1C-5. Solar design is encouraged and solar panels on all south facing roofs. Required Required Required ____________________________________________________ Planning Department 120 Design Guidelines New Main Structures Additions over 100 m2 Accessory Structures over 100 m2 H1C-6. Chimneys and cupolas are common on traditional buildings in Chester. If the new building’s style is traditional, chimneys and or cupolas are encouraged. Required Required Required H1C-7. Cross gables, gable dormers and shed dormers are encouraged wherever possible on roofs. Required Required Required ____________________________________________________ Planning Department 121 D. Colour and Materials: Chester’s building colours tend towards light muted colours with darker trim, white or grey with darker trim. Most of the buildings are composed primarily of 10 - 13 cm. (4-5”) exposure lap wood siding or shingles. Design Guidelines New Main Structures Additions over 100 m2 Accessory Structures over 100 m2 H1D-1. Buildings shall have more than 50% of the exterior walls as board and batten, clapboard or shingles with no more than 13 cm. (5”) overlap exposure. Wood is preferred when possible, but other siding materials are acceptable. The remaining siding material must be harmonious with the dominant siding material. Buildings of less than 186 sq.m. (2,000 sq. ft). should have a single siding material. Required Required Required H1D-2. As an exception to item (1) above, traditional clay brick or natural stone is an acceptable siding material. Permitted Permitted Permitted ____________________________________________________ Planning Department 122 E: Windows and Doors: Design Guidelines New Main Structures Additions over 100 m2 Accessory Structures over 100 m2 H1E-1. The main entry of the building shall front on Highway 3 or within 3 m. (10’) of the front on either side unless there is more than 2 m. (6’) of grade difference between the street elevation and the finished floor elevation of the building. Required Required Required H1E-2. The main entry of the building shall front on Highway 3 or within 3 m. (10’) of the front on either side unless there is more than 2 m. (6’) of grade difference between the street elevation and the finished floor elevation of the building. Required Required Required H1E-3. No building wall shall exceed 6 metres (20 feet) in length without incorporating a window, a window shape, or a door. Required Required Required H1E-4. All windows and doors should have no less than 10 cm. (4”) of casing trim surrounding them. The head casing for windows is typically larger than side casing or apron. Required Required Required ____________________________________________________ Planning Department 123 Design Guidelines New Main Structures Additions over 100 m2 Accessory Structures over 100 m2 H1E-5. For traditional window styles, window muntins should be included which create glass opening that have a larger height to width ratio. Required Required Required ____________________________________________________ Planning Department 124 H – 2 Large Format Architectural Intent These guidelines apply both to new and to expansion of existing development resulting in a floor area greater than 1,394 sq.m. (15,000 sq. ft.) Design Guidelines New Main Structures Additions over 100 m2 Accessory Structures over 100 m2 H2-1. The base, middle and top of the building facade shall be expressed through the use of materials and detail design. Required Required Required H2-2. Blank or single material facades that extend the entire length of the building parallel to the public street are not permitted. Blank walls in other locations, which are visible to the public, should incorporate additional architectural detailing and/or signs, murals, sculptural, or graphic design Required Required Required H2-3. Facades longer than 15 metres (50 feet) shall be subdivided through a combination of windows and projections and recessions in the building wall to create a consistent rhythm across the facade and establish divisions that express a hierarchy of entrances and identify individual businesses, where applicable. Required Required Required H2-4. At least 50% glazing shall be provided on the at-grade primary building facades and areas that have public activity. Glazing should be actively used to provide storefront windows or merchandise displays .False glazing and one-way glass shall never be used at street level. Required Required Required ____________________________________________________ Planning Department 125 Design Guidelines New Main Structures Additions over 100 m2 Accessory Structures over 100 m2 H2-5. Main entrances to buildings shall be emphasized through canopies, awnings, trim details or taller, non- habitable building structures. The volume and height of such structures emphasize the prominence of entrances particularly at a corner location. Required Required Required H2-6. Colonnades, covered walkways and porticoes are recommended as a means of weather protection and adding articulation to the building elevation. These building projections should be allowed to project beyond the minimum front setback line, but should not extend beyond the front property line. This will also draw attention to entrances and aid in subdividing the facade. Required Required Required H2-7. Colonnades, covered walkways, porticoes and other substantial structures should be permanently roofed. Lighting and landscape elements should be incorporated into the design of these structures to promote their use. Required Required Required H2-8. Mechanical equipment should be contained within the roof. If this is not possible, a penthouse shall be designed to screen the equipment if it is visible from anywhere on Highway 3. The penthouse design shall reinforce architectural style. Required Required Required H2-9. Loading docks, landfill containers and re-cycling containers shall be screened from both the street and the neighbours. Required Required Required ____________________________________________________ Planning Department 126 DEVELOPMENT AGREEMENTS IN EFFECT VILLAGE OF CHESTER (AND AREA) Compiled June 2003 - (revised April 2012) File # Date Name Civic Address & Property Identification No. Development CVDA002 7 Jan. 1985 Alice Ann Boswick (2003) Formerly: Whose Holdings Ltd. #96 King Street Pid# 60090651 Guest House over 600 Sq. Ft. CVDA003 31193 Aliant Telecom Inc. (2003) Formerly: Maritime Tel & Tel #105 Queen St. Pid# 60090537 Telephone Exchange CVDA006 32719 H. Paul Anderson (2003) Formerly: DeMille & Assoc. Ltd. #36 Nauss Pt. Road Pid# 60091923 32 ft. wide Wharf CVDA008 33049 Chester Building Supplies Ltd. #3797 Highway # Pid# 60094265 Chester Supplies Ltd. Building Supplies CVDA009 6 Aug. 1990 Marshall Rafuse (2003) Formerly: Blair Rafuse Marshall Rafuse #113 Old Trunk 3 Pid# 60147006 Mobile Home and Beauty Parlor CVDA010 21Dec. 1990 Metro Plaza (Chester) Inc. #4115 Route 3 Pid# 60376712 Chester Shore Mall (Amendment) CVDA012 35887 AAC Developments (Chester) Incorporated # 206 Golf Course Road Pid# 60590726 76 dwelling units & clubhouse CVDA013 35996 James Millar Sedgewick (2003) Formerly: Harbourview Investments Ltd. #4073 Trunk 3 Pid# 60087392 Commercial & residential use, up to 4 dwelling units ____________________________________________________ Planning Department 127 CVDA014 21 Oct. 1999 Roxie Bremner (2003) Formerly: Roxie Bremner and John Wesley Bremner 15 Island View Road Pid# 60148228 Mobile home CVDA015 6 June 1997 Central & West Main Enterprises Limited 3993 North St. PID# 60088044 Craft workshop, retail sales & residential use CVDA016 31 Dec. 1999 K. Donald McAlpine and Susanne McAlpine 11 - 21 Pleasant St. Pid# 60090958 Expand existing parking lot CVDA018 31 Oct. 2001 David Booher Bluebeard 1 & 11 LLC Waterfront property Walker Road Pid# 60385804 Infill & stabilize bank & create parking area CVDA020 3 Jan. 2001 Lester D. Collicutt and Lester D. Collicutt Lumber & Building Supplies 95 Ltd. adjacent to 4247 Highway #3 Pid# 60394921 Building supplies warehouse CVDA023 28 Dec. 2000 Chester Yacht Club 21 South Street Pid# 60090305 Infill Chester Harbour next to existing wharf CVDA024 13 Sept. 2001 Theis Properties of Nova Scotia Inc. 67 Haddon Hill Road Pid# 60505013 (six) 6 guest suites