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MUNICIPAL COUNCIL
AGENDA
Thursday, June 8, 2023
Livestreamed via YouTube at
www.youtube.com/modcvideo
Office Location: 151 King Street, Chester, NS
1. MEETING CALLED TO ORDER
2. APPROVAL OF AGENDA/ORDER OF BUSINESS
3. PUBLIC INPUT SESSION (15 minutes – 8:45 a.m. to 9:00 a.m.)
4. MINUTES OF PREVIOUS MEETING
4.1 Council – May 18, 2023.
5. PROCLAMATIONS
6. COMMITTEE REPORTS
6.1 Committee of the Whole Recommendations - June 1, 2023 - Warden Webber.
6.2 April 2023 Lunenburg County Seniors’ Safety Program - Councillor Connors.
7. PUBLIC PRESENTATIONS
8. BY-LAWS AND POLICIES
9. MATTERS ARISING
9.1 Planning Matters Report prepared April 4, 2023 – Community Development & Recreation
– Land Use By-Law Amendment – Request to rezone Sawler Lake to Lakeside Zone.
9.2 Draft letter to Minister Halman regarding Coastal Protection Act. (Information to follow)
10. CORRESPONDENCE
Page 2 of 2
10.1 Correspondence dated May 15, 2023 from Municipal Affairs and Housing to Brenda
Chisholm-Beaton, President of the NS Federation of Municipalities - 12 month notice
letter.
11. NEW BUSINESS
11.1 Request for Decision prepared April 19, 2023 – Infrastructure and Operations - Landfill
‘Mobile Workshop’ & Sand-Spreader.
11.2 Request for Decision prepared November 2, 2023 (Updated May 24, 2023) - Community
Development & Recreation - Municipal Land Use By-Law and Village Land Use By-Law
Amendments.
11.3 Summer Council Meeting Schedule for July and August.
11.4 District Council Grant Requests:
a. District 2 - Hubbards & Area Business Association - $1,000.
b. District 3 - Chester Playhouse Society - $2,000 (deferred from May 18, 2023 Council
Meeting).
11.5 Request for Decision prepared May 23, 2023 - Corporate & Strategic Management - Fire
Advisory Committee Membership Approval.
11.6 Request for Direction prepared May 31, 2023 - Community Development and Recreation -
Front Harbour Property (Owner Unknown).
11.7 Request for Direction prepared May 31, 2023 - Community Development and Recreation -
Building Official Vacancy.
11.8 Request for Decision prepared May 30, 2023 - Infrastructure & Operations - Award Active
Transportation Sidewalk Construction (Phase 1).
11.9 Request for Decision - New Fire Hall (Chester Fire Department). Information to follow.
12. IN CAMERA
12.1 Section 22(2)(c) of the Municipal Government Act - Personnel (Salary and Benefits Report).
12.2 Section 22(2)(g) of the Municipal Government Act - Legal Advice (Fox Point Beach).
13. ADJOURNMENT
APPOINTMENT
11:00 a.m. Gerald Walsh Associates (In Camera at 11:00 a.m. - refer to item 12.1)
213
MUNICIPALITY OF THE DISTRICT OF CHESTER
Minutes of
COUNCIL MEETING
Livestreamed via YouTube www.youtube.com/modcvideo
from 151 King Street, Chester, Nova Scotia
On Thursday, May 18, 2023
MEETING CALLED TO ORDER
Warden Webber called the meeting to order at 8:50 a.m.
Present: District 1 – Councillor A. Veinotte District 2 – Deputy Warden F. Shatford
District 3 – Councillor D. Wells District 4 – Warden A. Webber
District 5 – Councillor A. Assaff District 6 – Councillor T. Connors
Staff: Tara Maguire, CAO
Erin Lowe, Deputy CAO
Pamela Myra, Municipal Clerk
Jennifer Webber, Communications & Outreach Coordinator (Via Zoom)
Emily Lennox, Executive Assistant
Chad Haughn, Director of Community Development & Recreation
Tim Topping, Director of Financial & Information Services
Brendan Mosher, Fire Inspector/By-Law Enforcement Officer
Heather Archibald, Development Officer
Solicitor: Samuel Lamey, Municipal Solicitor
Public: There were four members of the public in the gallery.
Regrets: District 7 – Councillor S. Church
Council welcomed Erin Lowe to her first meeting as the Deputy CAO.
APPROVAL OF AGENDA/ORDER OF BUSINESS
Council (continued) May 18, 2023 214
2023-254 MOVED by Deputy Warden Shatford, SECONDED by Councillor Assaff the agenda
and order of business for the May 18, 2023, Council meeting be approved as
circulated. ALL IN FAVOUR. MOTION CARRIED.
PUBLIC INPUT
There was no public input.
MINUTES OF PREVIOUS MEETINGS
4.1 Council – May 11, 2023.
2023-255 MOVED by Deputy Warden Shatford, SECONDED by Councillor Wells that the
minutes of the May 11, 2023 Council Meeting be approved as amended. ALL IN
FAVOUR. MOTION CARRIED.
PROCLAMATIONS
There were no proclamations for consideration.
COMMITTEE REPORTS
6.1 Building Code & Unsightly Premises Committee:
a. Request for Decision prepared May 11, 2023 - Community Development & Recreation -
Unsightly Property Order to Remedy.
Brendan Mosher, By-Law Enforcement Officer was present at the meeting to review the Request
for Decision regarding 11 Valley Road, Chester - Unsightly Property Order to Remedy.
2023-256 MOVED by Deputy Warden Shatford, SECONDED by Councillor Assaff that Council
approve staff to work with legal counsel on the issuance of a Summary Offence
Ticket to the property owners of 11 Valley Road, Chester (PID # 60091188) based on
Section 344 and Section 348(b) of the Municipal Government Act for failing to abide
by the Order previously served along with a Long Form Information so that the
Municipality can also seek to have the property cleaned up pursuant to Section
505(4). ALL IN FAVOUR. MOTION CARRIED.
Council (continued) May 18, 2023 215
b. Request for Decision prepared May 11, 2023 - Community Development & Recreation -
Unsightly Property Order to Demolish and/or Rectify.
Brendan Mosher, By-Law Enforcement Officer was present at the meeting to review the Request
for Decision regarding 11 Valley Road, Chester - Unsightly Property Order to Demolish and/or
Rectify.
2023-257 MOVED by Deputy Warden Shatford, SECONDED by Councillor Assaff that Council
approve staff to work with legal counsel on an Order to Comply with the order, the
Municipality of Chester will complete the assigned order through the Heavy
Equipment Contract and any expenses accumulated will be assigned to the property
owner’s taxes. The Order will also include a Municipal Building Inspector visit to the
site to gather GPS data on the structure to confirm that the structure is not over the
property line. ALL IN FAVOUR. MOTION CARRIED.
PUBLIC PRESENTATIONS
7.1 Chester Playhouse - Chair Sara Filbee, Vice Chair Susan Crocker, and Executive Director
Andrew Chandler.
Present from the Chester Playhouse were Chair Sara Filbee, Vice Chair Susan Crocker, and
Executive Director Andrew Chandler.
The representatives provided an update to Council on the upcoming re-opening on August 26th
as well as how the project is staying on track with construction. Mr. Chandler noted that they
are not just opening a building, but opening the new Chester Playhouse and will continue to
serve the communities of the Municipality with this opening event. A line-up of the August 26th
activities was provided, and they hope residents from across the municipality and beyond will be
present to take part.
They outlined the concept of a municipally driven program for banners to be used to create
excitement featuring events in the municipality, such as the Playhouse, Chester Art Centre, Race
Week, etc. to tie the communities together. This would create visual energy for tourists and
residents alike. This is something that needs to be coordinated on a Municipal level.
Organizations that participate would pay the cost of their own banner.
Council agreed it would be a good initiative and would have staff review it for the entirety of the
Municipality.
Council (continued) May 18, 2023 216
Councillor Wells asked about the capacity of the theatre, and it was noted that the capacity
would be 176 as it was previously. They are holding off on tours until the drywalling is
completed.
Councillor Wells also noted that the Playhouse is a Municipal facility and encouraged Councillors
to contribute as well from their Council district grants.
It was noted that the banner program may work with the Beautification grant from the province
which has a deadline in two weeks. It could be a pilot project in the village with expansion to
other districts at a later date.
BY-LAWS AND POLICIES
There were no by-laws or policies for consideration.
MATTERS ARISING
9.1 Request for Direction prepared May 5, 2023 - Community Development and Recreation -
Grants Review.
Chad Haughn, Director of Community Development and Recreation reviewed the over the
Request for Direction prepared May 5, 2023 - Grants Review. At the April 6 meeting there was a
discussion that shows there is a gap that needs to be addressed. The changes, if any, would be
effective in the next fiscal year.
The new Small Capital Program is intended to fund up to a max of $10,000 with a budget of
$25,000. Some may be larger applications but don’t meet criteria for large capital.
A lengthy discussion took place regarding organizations with facilities, value of community
facilities and infrastructure, percentages of projects, guiding principles, addressing gaps, criteria,
budget, community infrastructure that has a purpose that aligns with the Municipality’s
mandate, applying for other grants through the provincial and/or federal governments, some
organizations having more of an opportunity for revenue generation, deadlines, etc.
It was agreed to move $50,000 from Major Capital Grants funding to Small Capital Grants and
consider 1/3 of the project up to $25,000. The Director of Community Development &
Recreation will make changes to the criteria.
Council (continued) May 18, 2023 217
Also discussed were private members clubs and whether they should be eligible or not. The
restrictions have been loosened to allow funding for events open to the general public. Various
types of private members clubs were discussed and whether they have exclusionary criteria.
Also discussed was the role staff could play with navigating with organizations to determine
what grant opportunities they may be eligible for.
It was agreed to hold a workshop to discuss the options for private members’ clubs.
A break was held from 9:58 a.m. to 10:10 a.m.
9.2 Request for Decision prepared May 11, 2023 - Infrastructure & Operations - Chester Basin
Wastewater Treatment Plant Site Location RFP MODC-T-2023-02 - Chester Basin WWTP:
Site Selection, Technology, and Probable Costs.
Councillor Veinotte declared a Conflict of Interest and left the meeting table.
Jonathan Meakin, Strategic Initiatives Coordinator reviewed the Request for Decision prepared
May 11, 2023 - Chester Basin Wastewater Treatment Plant Site Location RFP MODC-T-2023-02 -
Chester Basin WWTP: Site Selection, Technology, and Probable Costs. The criteria and scoring
was clarified.
2023-258 MOVED by Councillor Assaff, SECONDED by Deputy Warden Shatford that Council
approve the award of the work outlined in the RFP MODC-T-20203-02 Chester Basin
WWTP: Site Selection, Technology, and Probable Costs to CBCL as the successful
bidder. ALL FIVE IN FAVOUR. MOTION CARRIED.
Councillor Veinotte returned to the meeting table.
CORRESPONDENCE
10.2 Correspondence from Gail Smith
Tim Topping, Director of Financial & Information Services reviewed the history of the matter,
noting that PVSC incorrectly assessed the property in 2021 and the owner did not appeal within
the time frame for that year. An appeal was successful in 2022. Since that time the owner has
not paid the taxes on the incorrect assessment of $820,000.
Council (continued) May 18, 2023 218
It was noted that the Municipality does not have the authority to provide a reduction in this
case.
The Director noted that with subdivision sales and timing assessments are sometimes incorrect.
Staff reached out to PVSC to clarify the error and they indicated that they did incorrectly assess
the property and, had it been appealed by the deadline PVSC would have revised the
assessment from $820,000 to $410,000. The Municipality does not have the authority to go
back and make the adjustment.
Unfortunately, we don’t have authority to go back and do that. this kind of thing happens all
the time and there are processes and unfortunately sometimes don’t have any recourse.
It was agreed to review this matter In Camera to receive legal opinion.
Gail Smith, property owner, thanked Council for entertaining her request.
10.1 Correspondence from NS Department of Public Works (Highway Engineering &
Construction - Capital Program) regarding three-year cost share agreement for subdivision
streets.
2023-259 MOVED by Councillor Assaff, SECONDED by Deputy Warden Shatford that Council
confirm taking part in the NS Public Works Cost Sharing Agreement No. 2023-006 -
Cost Sharing Agreement on the Paving of Subdivision (J-Class Streets for a three
year term).
DISCUSSION:
Councillor Wells asked if the agreement was the same as previous agreement and the CAO
thought that it was the same as the agreement signed previously. Councillor Wells
indicated that he would agree if the agreement was the same as previous.
FIVE IN FAVOUR. ONE OPPOSED. MOTION APPROVED.
NEW BUSINESS
11.1 Request for Decision prepared May 3, 2023 - Community Development & Recreation -
New Private Road Name Request - Northern Hill Road (off Highway 329, Blandford).
Chad Haughn reviewed the Request for Decision prepared May 3, 2023 for a new Private Road
Name Request - Northern Hill Road (off Highway 329, Blandford).
Council (continued) May 18, 2023 219
Councillor Veinotte noted there is some contention as the family of the person who built the
road wants it named after him, but the majority of owners prefer another name. He also noted
that there are often issues when using the names of people in road names.
2023-260 MOVED by Councillor Veinotte, SECONDED by Councillor Assaff that Council
approve the proposed road name of Northern Hill Road accessed off of Highway 329
in Bayswater.
DISCUSSION
Councillor Connors noted that the Fire Department had a preference to Walters Way
and asked if that was a preference related to emergency services. The Director
indicated that choice was not an emergency services reason.
Councillor Veinotte noted the Fire Chief had no issue with either name, but it was
because the family reached out that he chose Walters Way. He felt that it should be
made clear that when we are asking for emergency services input, it is only input
related to emergency services.
ALL IN FAVOUR. MOTION CARRIED.
11.2 Request for Decision prepared May 8, 2023 - Community Development & Recreation -
Operating Grants Review.
Chad Haughn, Director of Community Development & Recreation outlined the changes
approved by Council last year - combining Council and Tourism Grants. The combined budget
is $33,000 and there have been applications received in the amount of $39,300.
A lengthy discussion was held regarding allotting grants to the organizations that did apply.
2023-261 MOVED by Deputy Warden Shatford, SECONDED by Councillor Wells that Council
approve the following Operating Grants for the 2023/24 fiscal year:
OPERATING GRANTS
TYPE REQUEST APPROVED
A - ESSENTIAL SERVICES
None Received
B - REGIONAL SERVICES
Christmas Daddies $100 100
Pride Lunenburg Society $1,000 500
Society of Saint Vincent De Paul $2,000 2,000
United Way of Lunenburg County $1,200 1,200
C - LOCAL NON-PROFIT
Council (continued) May 18, 2023 220
Bonny Lea Farm $3,000 3,000
Chester Brass Band $2,000 2,000
Chester Off Road Racing $3,000 2,000
Chester Merchants $3,000 2,200
Chester Playhouse $3,000 3,000
Chester Yacht Club $3,000 3,000
Martins Point Pop-Up Market Society $3,000 2,500
New Ross Farms Association $3,000 2,500
New Ross Regional Development Society $3,000 2,500
New Ross Trails Society $3,000 2,500
D - COMMUNITY HALLS
Ocean Swells Community Association $3,000 3,000
Royal Canadian Legion Branch 79 New
Ross
$3,000 1,000
E - PROVINCIAL/NATIONAL
None Received
$33,000
ALL IN FAVOUR. MOTION CARRIED.
The Director noted to Councillors that his department has an oversized cheque to use if
Councillors wish to make presentations of the grants.
11.3 District Council Grants:
a. District 3 - $2,000 - Chester Playhouse Society.
Councillor Wells asked that this request be deferred until Councillor Church is in attendance and
asked that other Councillors consider a grant from their District Grants as the Chester Playhouse
Society affects all areas of the Municipality.
b. District 5 - $2,500 - Royal Canadian Legion.
2023-262 MOVED by Councillor Assaff, SECONDED by Deputy Warden Shatford that Council
approve a District 5 Council Grant to the Royal Canadian Legion Branch 144 Western
Shore in the amount of $1,850.00. ALL IN FAVOUR. MOTION CARRIED.
A break was held from 11:14 a.m. to 11:22 a.m.
Council (continued) May 18, 2023 221
IN CAMERA
12.1 Section 22(2)(e) of the Municipal Government Act - Contract Negotiations (Town of
Mahone Bay).
2023-263 MOVED by Councillor Assaff, SECONDED by Deputy Warden Shatford that the
meeting convene In Camera as per Section 22(2)(e) Contract Negotiations - Town of
Mahone Bay. ALL IN FAVOUR. MOTION CARRIED.
Following a brief “In Camera” session, the meeting reconvened with all members present.
2023-264 MOVED by Councillor Assaff, SECONDED by Councillor Veinotte that Council
approve the execution of an Intermunicipal Services Agreement to provide services
to the Town of Mahone Bay as outlined in the document provided today. ALL IN
FAVOUR. MOTION CARRIED.
2023-265 MOVED by Deputy Warden Shatford, SECONDED by Councillor Assaff that the
meeting adjourn. ALL IN FAVOUR. MOTION CARRIED. (11:45 a.m.)
_________________________ _________________________
Allen Webber Pamela Myra
Warden Municipal Clerk
This meeting may be viewed at www.youtube.com/modcvideo
MOTIONS FOR APPROVAL OF COUNCIL FROM
JUNE 1, 2023 COMMITTEE OF THE WHOLE
2023-269 APPROVAL OF AGENDA AND ORDER OF BUSINESS
2023-270 APPROVAL OF APRIL 20, 2023 MINUTES
2023-271 MUNICIPAL BUILDING FEASIBILITY ANALYSIS BUDGET APPROVAL
MOVED by Councillor Church, SECONDED by Councillor Assaff that the Committee of the Whole
recommend to Council to approve a budget of $30,000 to continue the preparation of a
Feasibility Analysis which will include a Class C cost estimate for a municipal building upgrade at
our current location as well as an off-site public works building. FIVE IN FAVOUR. 2 OPPOSED.
MOTION CARRIED.
2023-272 AMENDMENT TO SCALE OF THE TRAIL PLAN ON THE HAUGHN PROPERTY
MOVED by Councillor Church, SECONDED by Councillor Assaff that the Committee of the Whole
recommend to Council to ‘right-size’ the build scale of the mainline trail on the Haughn
Property to better fit with the peaceful aesthetic of the property created on the new trails
recently constructed, manage increasing costs, and that we do not permit motorized traffic on
the trail to respect the concerns raised by neighbours. ALL IN FAVOUR. MOTION CARRIED.
2023-273 LOCATION OF VAULT TOILETS ON MUNICIPAL PROPERTIES
MOVED by Councillor Veinotte, SECONDED by Councillor Assaff that the Committee of the
Whole recommend to Council to accept the recommendation to not pursue enviro-toilets and
to utilize vault toilets instead a the three locations (Gold River near the new parking lot and trail
head on Beech Hill Road, East River Trail Parking Lot centrally located within the lot serving
Castle Rock hikers, and Moland Point located in the parking lot which has not yet been
constructed) and to include enhancements such as solar power for lighting and a fan system to
remove odours from the toilet. ALL IN FAVOUR. MOTION CARRIED.
2023-274 APPOINTMENT TO JOINT REGIONAL TRANSPORTATION AGENCY
MOVED by Councillor Wells, SECONDED by Deputy Warden Shatford that the Committee of the
Whole recommend to Council to appoint the CAO as the Municipality’s representative on the
Joint Regional Transportation Agency and appoint the Deputy CAO as the alternate. ALL IN
FAVOUR. MOTION CARRIED.
2023-275 PUBLIC WORKS TO MOW LAWN OF ZOE VALLE LIBRARY
MOVED by Councillor Wells, SECONDED by Deputy Warden Shatford that the Committee of the
Whole recommend to Council to direct the Public Works Department to mow the lawn of the
Zoe Valle Library while the caretaker is unable to do so. FIVE IN FAVOUR. TWO OPPOSED.
MOTION CARRIED.
2023-276 CREATION OF BY-LAW ENFORCEMENT/WASTE INSPECTOR POSITION
MOVED by Councillor Church, SECONDED by Deputy Warden Shatford that the Committee of
the Whole recommend to Council to direct staff to realign the positions as outlined in the
Request for Decision prepared April 5, 2023 - By-Law Enforcement Officer/Waste Inspector
Position to create a By-Law Enforcement Officer/Waste Inspector Position. FOUR IN FAVOUR.
THREE OPPOSED. MOTION CARRIED.
2023-277 ADJOURNMENT
Lunenburg County Seniors’ Safety Program
Monthly Report –April 2023
prepared: May 4, 2023
The LCSSP is a free confidential community-based non-profit service that works collaboratively with BPS, RCMP, and many
community partners to help address the safety concerns of older adults (55 years of age+), residing in Lunenburg County. Service
is provided through awareness campaigns, advocacy, community outreach projects, educational programs, community
presentations and one to one service.
Presentations for April: April 12th at Chester Basin Legion (with CST Upshaw) – 26 participants, April 18th a MODL Council
via TEAMS presentation/introduction with LCSSP Board Chair David Murdoch, FMH Auxiliary April 27th - 25 seniors.
LCSSP updates/trends:
• Progressing with the Home Management Navigator Grant project. The labels have arrived, books are being built
and a plan for informing First responders of this valuable tool is underway.
• Work has begun with the grant from NS Health and Wellness for staffing assistance in research and development
of Seniors’ Mental Wellness toolkit including local resources to connect with. The toolkit will include a brochure,
presentation/workshop (digital and hard copy) and a quick reference card for local contact numbers.
• Dates set for Seniors’ Safety Academy Oct 12 -Nov 16/2023 at the OHC in Chester. More details will follow.
• Noticing a trend of older adults moving to this area without family support and finding it hard to make local
connections.
• Michael Graves from the United Way attend our virtual LCSSP Board Meeting on April 26th – Thank you United Way
for your continued support and for sharing all that you do for the community!!
• Attended Community Conversations hosted by Community Links April 19th.
Upcoming Events: LCSSP overview to TOB staff May 2 and BPS Commissioners May 4, REMO Emergency Preparedness May
13th, and there’s been an ask for a presentation at the NSCC on May 31st.
Referrals:
New Referrals: 12 Re Referrals: 2 Home/site Visits: 17 Active clients: 63 Closed files: 15
New Referrals Service Area in Municipal Units % Active Clients Service Area %
MODC 16.5% 12 %
MODL 66.5% 41 %
Mahone Bay 8% 10 %
Lunenburg 1% 5 %
Bridgewater 8% 32 %
Referral Source:
Community Partner 33% Self/Family 41.5 % RCMP 16.5% BSP 8%
Areas of concern: Safe housing, Transportation, Community resources/connections, Seniors’ Mental Health and Adult
Protection.
LCSSP Client Emergency Contingency Fund (CECF):
The CECF continues to serve the community in partnership with other organizations to help mitigate risk for seniors
experiencing financial hardship. The April, 2023 float count balance is: $1,639.70. $18.50 for client I.D. replacement, $225
for client glasses.
‘Thank you to all Lunenburg County Seniors’ Safety Program supporters.
We couldn’t do what we do without you.’
PLANNING MATTERS REPORT
REPORT TO: Municipal Council
MEETING DATE: June 8, 2023
DEPARTMENT: Community Development & Recreation
SUBJECT: Land Use By-law Amendment – Request to
rezone Sawler Lake to Lakeside Zone
Date: April 4, 2023 (Updated May 29, 2023) Prepared by: Garth Sturtevant, Senior Planner
Date: Reviewed by:
Date: April 26, 2023 Authorized by: Tara Maguire, CAO
APPLICATION OVERVIEW
Applicant: Jeffery & Andrew Burchell
Zone: Mixed Use & Settlement Residential Two
Proposal: Rezone properties (8 in total) on Sawler Lake to Lakeside Zone
Rezoning Required: X Yes _ _ No __ N/A
Location: Hubbards
Neighbour Notification: Direct notice to neighbouring properties will be sent to advise of the Public Hearing, a
sign will also be posted on the site with the same information.
RECOMMENDED MOTION
Staff recommend Option 2:
1. That Municipal Council reject the request to rezone properties on Sawler Lake, maintain the existing
Mixed Use Zone and Lakefront Overlay. AND further set a date for a Public Hearing on July 6th, 2023
beginning at 8:45 am in Municipal Council Chambers;
CURRENT SITUATION
Jeffery and Andrew Burchell, owners
of PID 60593043, have submitted a
request to rezone a portion of
properties on Sawler Lake from the
Mixed Use (MU) Zone to the
Lakeside (LS) Zone. The intent being
to create a buffer or “band” of
Lakeside Zone from the edge of
Sawler Lake to an undetermined
point where the Mixed-Use Zone
would remain in place. The request
involves portions of ten parcels that
have frontage or are located
adjacent to Sawler Lake. The
remaining parcels which abut Sawler
Figure 1 - showing properties requested to be rezoned to Lakeside Zone (in purple).
P l a n n i n g M a t t e r s R e p o r t P a g e | 2
Lake are located in HRM and will be unaffected by this rezoning request. The request does not contain a
specified distance from the lake that the Lakeside Zone should be applied, however, this report contains analysis
of site-specific conditions in later sections.
BACKGROUND
Following a Public Hearing held on November 10, 2022, Council authorized the rezoning of PID 60422888 from
Settlement Residential Two (SR-2) Zone to Mixed Use (MU) Zone. The purpose of that rezoning was to facilitate
a commercial development on the property adjacent to Highway 103. This parcel is one of the listed parcels now
proposed for partial rezoning to Lakeside (LS) Zone.
The letter of request (Appendix A) states the reason the applicants are seeking the rezoning is to protect the
lake from new highway development and “development near Exit 6, landscaped areas at Exit 6 that will be
fertilized…”. The letter also mentions runoff from parking areas and the concern with excessive nutrients
creating or worsening algal blooms in the lake.
DISCUSSION
Second Request for Lakeside Zone
The current request to implement the Lakeside (LS) Zone on properties near Sawler Lake follows the successful
application of the Lakeside Zone to properties on Sherbrooke Lake in 2022. Sherbrooke Lake is also split by a
Municipal Boundary line with the District of Lunenburg and only the properties within the District of Chester
were rezoned to Lakeside Zone.
The Lakeside Zone is designed and intended to protect water quality and support a low-density residential living
environment. However, there are complicating factors, including the proximity of Highway 103, current twinning
activity and the construction of a new cottage road to access properties in HRM on Sawler Lake that will access
Mill Lake Road and be built at the edge of Sawler Lake.
The following excerpt from the Municipal Planning Strategy outlines the intent and policy goals of the Lakeside
Zone:
The lakeside (LS) zone is intended to provide opportunities for low-density development, fresh water
related recreation, leisure activities, and habitation to reduce the need to clear large areas of the
lakeshore for development and to reduce the number of septic systems. This is intended for existing
developed areas surrounding lakes as well as areas for future development.
POLICY GOALS:
The primary purpose of the Lakeside (LS) zone is to protect water quality
To safeguard essential character of lakefront residential areas
To prohibit commercial and industrial uses
To provide for and protect lakefront residential communities comprised of detached, single-
family homes and residential use type compatible with quiet, family-living environment.
To enable low density residential development on lands surrounding lakes while protecting the
sensitive riparian environment.
P l a n n i n g M a t t e r s R e p o r t P a g e | 3
To provide flexibility to recognize the pre-existing development patterns and the hardship of
strict limitations on property owners.
To protect lake water quality in the Lakeside (LS) zone shall take priority in the event of a conflict
between residential and recreational uses with lake water quality.
Existing and Surrounding Land Uses
All of the properties proposed for
rezoning are currently undeveloped. The
Applicant’s property (PID 60593043) is
split, with approximately half the lot in
HRM and half in Chester. It should be
noted that the Applicant and owners with
the same family name own a number of
developed lots in residential use that are
located just north of the Municipal
Boundary with HRM. These developed lots
would not be subject to the Lakeside Zone
as they are outside of the Municipality.
As noted, one of the larger parcels
proposed for rezoning (PID 60422888) has
recently been rezoned by Council in
support of a planned commercial
development (Figure 2). This lot is
currently being cleared and site work appears to be underway in support of the planned development. The
application of the Lakeside Zone has the potential to unequally impact this lot and proposed development when
compared with the remaining parcels proposed for rezoning. Municipal staff are not aware of planned
development in the area, with the exception of the proposed commercial development on PID 60422888.
Properties not directly impacted, but in the
vicinity of the proposed rezoning area include
low density residential development along
Mill Lake Road, continuing in a rural
subdivision pattern north toward Mill Lake.
Other surrounding properties are vacant and
undeveloped, either being held or used for
resource activity.
Directly south of Sawler Lake the Provincial
Highway 103, which is currently being
twinned, is located approximately 30 m from
the lake (Figure 3). The twinning work
includes the creation of a new traffic lane on
the opposite side of the existing highway as
Sawler Lake. Additionally, a small private
road, Sawler Lake Road, is being rerouted and will now run parallel to Highway 103 between Sawler Lake and
Figure 3 – Showing new Sawler Lake Road within 20m of Sawler Lake and edge of
existing Highway 103 being approximately 30m from Sawler Lake
Figure 2 - Showing Hwy 103 Construction (left) and Site Work and Clearing on PID
60422888 Site Rezoned for Commercial Development (right)
P l a n n i n g M a t t e r s R e p o r t P a g e | 4
Highway 103. This new access road is being constructed
by the Province to provide access to existing cottages
located in HRM on Sawler Lake, who will now access the
lots via Mill Lake Road. The edge of the new Sawler Lake
Road is estimated to be within 20 m of Sawler Lake.
The highway twinning work is required to comply with
environmental standards and Provincial regulations
regarding working near a waterbody or watercourse,
however, the exact impacts of the highway twinning on
Sawler Lake are unknown (Figure 4). When construction
is complete, it can be reasonably anticipated that runoff
to the lake will worsen due to the increase in hard
surfaces, proximity, and reduced buffer area as a result
of this road work (previously existing trees and
vegetation have been cleared and infill of the lake
appears to have been done in support of the road work)
and ongoing maintenance including seasonal treatment
(salting and sanding).
Lakefront Overlay (existing protection)
Sawler Lake, as with all lakes in the Municipality
identified on Schedule “B” of the Municipal Land Use
By-law, has existing environmental protections provided
by the Lakefront Overlay. This includes a 20m setback
for main buildings from the Ordinary High Water Mark and limitations on hard surfaces (buildings, pavement
etc) within the 20m area adjacent to the lake. It should be noted that the Provincial Highway construction work
is not required to comply with Municipal permitting regulations. The Lakefront Overlay was established during
the previous Plan Review process and deemed appropriate for widespread application as shown on Schedule
“B” of the Land Use By-law. In contrast, the Lakeside Zone was created following adoption of the new Municipal
Planning Strategy and Land Use By-law, as a result of several requests that stated the Lakefront Overlay was
insufficient in protecting water quality and a low-density residential living environment.
When debating the creation and application of the Lakeside Zone, Council, with the understanding that the
Lakefront Overlay remains in effect on all lakes, felt that application of the Lakeside Zone should not be done in
as wide-spread a manner, but considered on a lake-by-lake basis with the appropriate depth of the zone not
dictated by policy, but rather determined based on site-specific conditions each time the Lakeside Zone is being
considered for application.
Determining an Appropriate Depth for the Lakeside Zone (Sawler Lake)
As provided for in the Municipal Planning Strategy and Land Use By-law, the Lakeside Zone is intended to be
applied at a depth appropriate for the lake and local area to which it is being applied. MPS policies include
consideration of criteria such as lot size, proximity to public roads, existing community character and other local
contextual features.
Figure 4 - Evidence of sedimentation during road construction.
Berm in place but not maintained.
P l a n n i n g M a t t e r s R e p o r t P a g e | 5
Each time the Lakeside Zone is considered for application, relevant policies are reviewed, and analysis of the
lake and surrounding area is conducted to inform the recommended depth of the zone for that lake. In the case
of Sawler Lake there are multiple complicating factors that deserve consideration.
Location and Authority
As noted in this report, Sawler Lake is
divided between the Municipality of
Chester and Halifax Regional Municipality.
While this does not exempt the lake from
consideration, of the total lake area
673,319.97 sq. meters, only 63,639.35 sq.
meters or 9.54% of the lake is within the
Municipality of Chester. This means that of
the total properties bordering Sawler Lake,
only 10 PIDs would be impacted by this
change. Review of existing development
patterns and a site visit confirm that all
existing structures are located within HRM
and therefore would not be subject to the
Lakeside Zone if applied.
Proximity to Highway 103, Twinning Expansion and Sawler Lake Road
When considering whether the Lakeside Zone is appropriate for application to Sawler Lake, the impacts of the
ongoing Highway 103 twinning work are important factors. During a site visit, staff measured a distance of 30 m
between the edge of the current Highway and Sawler Lake. The rerouted Sawler Lake Road will be located
between the existing Highway 103 and Sawler Lake, with the edge of Sawler Lake Road estimated to be between
15 – 20 m from the water’s edge (figure 3). This area will be unimpacted by the application of the Lakeside Zone
and has potential to be an ongoing source of sedimentation and runoff (fuel, oil, salt etc.) for the foreseeable
future. While this source of potential contamination does not preclude Sawler Lake from being rezoned to the
Lakeside Zone, the efficacy of implementing the zone is likely to be diminished as this work is outside Municipal
authority or control.
Figure 5 - Portion of Sawler Lake within Municipality of Chester
P l a n n i n g M a t t e r s R e p o r t P a g e | 6
Topography
The lands surrounding the
Southwestern portion of
Sawler Lake (those within the
Municipality of Chester) are
generally sloped toward the
lake. The main ridgeline
appears to run approximately
100 m from the Ordinary High
Water Mark. Figure 5 shows
the edge of Sawler Lake (left)
and the sloping topography to
the right side of the photo.
The photo location is at the
North edge of PID 60422888
where it meets Sawler Lake
and also shows partial
clearing to the lakeshore.
If there is a desire to proceed
with rezoning of the subject
lands to the Lakeside Zone, a decision is need on the appropriate depth for the zone. Based on the identified
issues and challenges discussed, staff offer the following for consideration.
1) Apply the Lakeside Zone at a depth of 20 m from the Ordinary High Water Mark. This approach
would mirror the distance of the existing Lakefront Overlay protections. Application of the Lakeside
Zone would require the maintenance of a vegetated buffer and prevent commercial uses from
accessing Sawler Lake. The Lakeside Zone at 20 m would not cause new development to be set back
further from the Lake, as the Lakefront Overlay already includes a 20 m setback.
2) Apply the Lakeside Zone at a depth of 30 m from the Ordinary High Water Mark. This approach
would apply the Lakeside Zone slightly beyond the Lakefront Overlay protections. 30 m may be
appropriate as that is the approximate distance from Highway 103 to the lake. Applying the Lakeside
Zone at a depth beyond 30 m would include both the new Sawler Lake Road and Highway 103.
Figure 6 - North Point of PID 60422888 at edge of Sawler Lake, partial clearing shown on right
P l a n n i n g M a t t e r s R e p o r t P a g e | 7
3) Apply the Lakeside Zone at a depth of 100 m from the Ordinary High Water Mark. This approach
would be based primarily on the location of the slope which runs toward the lake (Figure 7). While
not aligned exactly to a contour line, this approach would ensure that most development on the
slope leading to the lake is limited to low density residential development. The 10 m vegetated
buffer would be the same as the options above, but with greater depth of the Lakeside Zone, there
would be an increased setback for commercial or industrial uses to be at minimum 100 m from the
lake as they are not permitted in the Lakeside Zone. While not prohibited by policy, questions may
arise as to the effectiveness of the Lakeside Zone if the zoned area includes a major 100 series
highway. While a depth beyond 30 m would apply to all privately owned land, consideration should
be given to whether this approach is prudent and equitable.
4) Apply the Lakeside Zone at a depth beyond 100 m (please specify) from the Ordinary High Water
Mark. This option is not recommended as there is little basis or argument to extend the zone
beyond the land significantly sloping toward Sawler Lake. While a detailed watershed study could be
undertaken to determine an exact boundary where land drains to Sawler Lake, this level of detail is
not warranted given the complicating factors, including Highway 103, discussed previously. This
Figure 7 - Contour lines and Coloured Bands in 100m intervals
P l a n n i n g M a t t e r s R e p o r t P a g e | 8
option would also have the most impact on the proposed commercial development on PID
60422888.
5) Maintain existing protections (Lakefront Overlay). Following review of the information and
considerations presented in this report, this approach would conclude that Sawler Lake is not an
ideal candidate for the Lakeside Zone. This is due to a variety of factors including the proximity of
Highway 103, small proportion of the lake located within MOC, lack of increased zoning or
protection for all developed properties located in HRM, no evidence of support from other
landowners in the affected area and the potential impacts and limitations to the proposed
commercial development for which Council recently approved a rezoning of PID 60422888 (Figure
8).
P l a n n i n g M a t t e r s R e p o r t P a g e | 9
Policy Review
Policy A-32
When considering amendments to a land use by-law
or a subdivision by-law, Council shall consider the
following:
a) that the amendment meets the intent of the
Municipal Planning Strategy and the intent of
any relevant Secondary Planning Strategies;
While the proposal generally is in keeping with policy
statements, there are a number of policy statements
where staff have concerns on the effectiveness,
compatibility and appropriateness of the Lakeside
Zone for application to properties on Sawler Lake.
b) that the amendment conforms to all relevant
Municipal By-laws;
The request to rezone a portion of lots on Sawler
Lake has not been determined to be in violation of
any Municipal By-laws.
c) that the applicable public consultation
program has been followed and residents’
opinions have been carefully considered;
This file is following the approved Public Participation
Program outlined in the Municipal Planning Strategy.
This report will be updated as the file advances to
include the results of the Public Information Meeting
and Municipal Planning Advisory Meeting.
d) that the amendment is in the best interest of
the Municipality.
Staff do not feel that the application of the Lakeside
Zone to the 10 PIDs on Sawler Lake is in the best
interest of the Municipality as discussed in this
report. In addition to having little chance of
improving water quality, there is no existing
development pattern to maintain or protect. Further
the site is subject to a recent rezoning done in
support of a proposed commercial development.
Application of the Lakeside Zone at any depth will
likely impact those plans, and at a larger depth could
have significant impacts on the proposed commercial
site.
The application is from an individual who has a
developed property in HRM and a portion of a vacant
lot split between HRM and Chester. To date no
evidence has been provided showing support from
other property owners in the area proposed to be
rezoned. Staff believe that the existing Lakefront
Overlay is the appropriate level of regulation for
Sawler Lake given the circumstances outlined.
Opportunities for well managed development around
select lakes is desirable from a resident and economic
development perspective. It is prudent of Council to
identify where strict environmental protections and
community character warrants further protection
and other areas where careful development will
provide opportunities for growth and public water
access without severely limiting commercial
potential.
P l a n n i n g M a t t e r s R e p o r t P a g e | 10
Policy A-33
When evaluating a rezoning application, Council shall
consider other potential developments and uses that
may be permitted as a result of a proposed zone
change.
The Lakeside Zone permits a limited list of residential
uses, including home based businesses. Commercial
and Industrial uses are prohibited. The rezoning does
not contemplate a specific development but would
facilitate low density residential development around
Sawler Lake.
Policy A-34
Applications for a Land Use By-law amendment shall
show:
a) the location, area, and dimensions of the
subject property;
The request is seeking application of the Lakeside
Zone to an unspecified depth, impacting properties
within the Municipality of Chester near Sawler Lake.
Staff calculate a total of ten potentially impacted
properties.
b) the proposed location, dimensions, height,
and proposed use of all buildings;
Not applicable, any future development would be
subject to the zone standards and follow the normal
process for permitting and approvals as outlined in
the Land Use By-law.
c) the means by which the site is to be serviced
by sanitary and storm sewers, water,
electrical service and other utilities;
Not applicable, any future development would be
subject to the zone standards and follow the normal
process for permitting and approvals as outlined in
the Land Use By-law.
d) the location of any parking stalls, driveways,
walkways, lighting, fencing, refuse
containers, and snow storage;
Not applicable, any future development would be
subject to the zone standards and follow the normal
process for permitting and approvals as outlined in
the Land Use By-law.
e) landscaping elements including existing and
proposed shrubs and trees;
Not applicable, any future development would be
subject to the zone standards and follow the normal
process for permitting and approvals as outlined in
the Land Use By-law.
f) architectural features where such features
are regulated by the planning document;
Not applicable, any future development would be
subject to the zone standards and follow the normal
process for permitting and approvals as outlined in
the Land Use By-law.
g) additional reports or environmental studies
as requested by the Municipality.
None called for at this time.
Policy A-35
When considering amendments to the Land Use By-
law, Council shall be satisfied that the proposal is
appropriate with respect to:
a) compatibility of the proposed land uses
permitted within the proposed zone;
The lots requested for rezoning are currently
undeveloped. Council has recently rezoned PID
60422888 to be fully within the Mixed Use Zone, in
support of a planned multi-year commercial
development. It may be possible to apply the
Lakeside Zone in a manner that does not significantly
interfere with the planned commercial development,
however, the effectiveness of the zone given the
other criteria discussed in the report may come into
question. There is no current development on the
subject properties, therefore there is no existing
development or settlement pattern, except for the
existing lot configuration resulting from subdivision in
the past.
P l a n n i n g M a t t e r s R e p o r t P a g e | 11
b) compatibility of the development, and
potential developments, with adjacent
properties in terms of size, lot coverage and
density;
Not applicable. The Lakeside Zone would be applied
evenly to all lots within the specified distance of
Sawler Lake.
c) potential compatibility issues with nearby
land uses resulting from lighting, signage,
outdoor display and storage, traffic, vehicle
headlights, and noise;
All properties within the area proposed to be rezoned
may be subject to noise and lighting from Highway
103. Additionally, the proposed commercial
development may increase traffic flow and activity on
the site. The Lakeside Zone is intended to promote
low density residential development, which could
have the potential to create conflicts with the
proposed commercial development. The current
Mixed Use Zone also permits residential use, in
addition to options for commercial and light
industrial uses. The Lakeside Zone is specific in
describing a quiet, low density residential
environment, which the subject site may not be
appropriate.
d) the adequacy of sewer services, water
services, waste management services and
stormwater management practices;
Not applicable.
e) efficient use of existing and new municipal
infrastructure;
The site proposed for rezoning is currently
undeveloped and does not have direct road access or
access to a Municipal Wastewater System.
f) proximity to and impact on heritage sites and
archaeological sites;
Not applicable.
g) the proximity and capacity of schools; Not applicable.
h) the adequacy and proximity of recreation
and facilities;
Not applicable.
i) the adequacy of the road network in,
adjacent to, or leading to the development;
The area proposed to be rezoned does not currently
have road access. Staff understand that a new Sawler
Lake Road will be created adjacent to Highway 103,
which will provide access to PID 60422888 and may
provide indirect access to other lots within the
proposed rezoning area. The new Sawler Lake Road is
being constructed by NS Public Works as part of the
Highway 103 Twinning work.
j) the potential for erosion or for the
contamination or sedimentation of
watercourses;
As noted in this report, Highway 103 and Sawler Lake
Road construction appear to be impacting Sawler
Lake currently. The Lakeside Zone does include
requirements to maintain a vegetated buffer within
10 m of the Ordinary High Water Mark. The buffer is
intended to reduce, absorb and slow overland flow
from reaching Sawler Lake and depositing nutrients,
sediment and other pollutants. Regardless of the
extent chosen for the Lakeside Zone, there is no
authority for the Municipality to address the
concerns and proximity of Highway 103 and the new
P l a n n i n g M a t t e r s R e p o r t P a g e | 12
Sawler Lake Road (while the land will be shown as
zoned, Municipal authority does not require the
Province to adhere to the provisions of the Land Use
By-law). As a result, it is anticipated that
sedimentation and runoff from Highway 103 and
Sawler Lake Road will continue to impact the Lake
into the future.
The Mixed Use Zone does not have a requirement to
maintain a vegetated buffer. Large residential,
commercial and industrial developments, as outlined
in the Municipal Land Use By-law must meet the
Stormwater Standard through engineering and other
means.
k) environmental impacts such as air and water
pollution and soil contamination;
The stated reason for the requested rezoning is to
protect Sawler Lake from the impacts of Highway and
proposed commercial development. As noted,
Municipal authority will prevent any meaningful
action from being taken to address runoff and
pollution from the Provincial highway. Additionally,
only the 10 PIDs located in the Municipality of
Chester are proposed to have the Lakeside Zone
applied. All other properties located in HRM are not
subject to the Lakeside Zone.
l) previous uses of the site which may have
caused soil or groundwater contamination;
No previous uses are known or cause for concern.
m) suitability of the site in terms of grades, soil
and bedrock conditions, location of
watercourses, water bodies or wetlands;
The lots proposed for rezoning to the Lakeside Zone,
are generally sloping toward Sawler Lake from West
to East. There is a small watercourse which runs
through several of the impacted properties and flows
into Sawler Lake. No impacts are anticipated
regarding suitability of the site for application of the
Lakeside Zone.
n) the ability of emergency services to respond
to an emergency at the location of the
proposed development;
Not applicable.
o) the proposal and the proposed zone support
the intent of this strategy; and
While the proposal appears to be mainly in keeping
with the intent of the Municipal Planning Strategy,
there are concerns with the compatibility between
the Lakeside Zone, the Mixed Use Zone, the proposed
commercial development and the proximity to
Highway 103. The Mixed Use Zone is likely more
appropriate given the variety of activities and level of
development anticipated in this area.
p) the financial ability of the Municipality to
absorb any costs relating to the amendment.
No costs are anticipated whether the request is
accepted or rejected.
P l a n n i n g M a t t e r s R e p o r t P a g e | 13
MPAC MEETING
On May 17, 2023, staff presented a report and request for rezoning to members of the Municipal Planning
Advisory Committee. Following discussion and consideration the committee passed the following motion:
MOVED by Hugh Harper, SECONDED by Carol Nauss THAT the Municipal Planning Advisory Committee
recommend that Council give 1st reading to the request to rezone properties that border Sawler Lake to Lakeside
Zone, and further, that the Lakeside Zone be applied beginning at the Ordinary High Water Mark and extending
20m inland. CARRIED.
No members of the public attended the MPAC meeting.
OPTIONS
The Municipal Planning Advisory Committee recommends Option 1, staff recommend Option 2:
1. That Municipal Council approve the request to rezone properties on Sawler Lake to the Lakeside Zone
with the zone beginning at the Ordinary High Water Mark and extending 20m inland. AND further set a
date for a Public Hearing on July 6th, 2023 beginning at 8:45 am in Municipal Council Chambers;
2. That Municipal Council reject the request to rezone properties on Sawler Lake, maintain the existing
Mixed Use Zone and Lakefront Overlay. AND further set a date for a Public Hearing on July 6th, 2023
beginning at 8:45 am in Municipal Council Chambers;
3. That Municipal Council approve the request to rezone properties on Sawler Lake to the Lakeside Zone.
The Lakeside Zone will be applied beginning at the Ordinary High Water Mark and extending inland at a
distance other than 20m (please select one). AND further set a date for a Public Hearing on July 6th, 2023
beginning at 8:45 am in Municipal Council Chambers;
IMPLICATIONS
By-Law/Policy
Identify links/references to/impacts on any MOC By-Law or Policy.
Financial/budgetary
No significant budget implication are anticipated.
Environmental
The nature of the request relates to implementing additional environmental protections for the portion of
Sawler Lake that is within the Municipality of Chester. The efficacy and impact of implementing these
protections is unknown due to the factors discussed in this report. Regardless of the decision made relating to
this request, the Lakefront Overlay will remain in effect for Sawler Lake.
Strategic Priorities
Given the factors and circumstances discussed in this report, staff do not feel that the request to rezone a
portion of lots on Sawler Lake to the Lakeside Zone will assist the Municipality in advancing its Priority Outcomes
of the 2021-24 Strategic Priorities Framework.
P l a n n i n g M a t t e r s R e p o r t P a g e | 14
Work Program Implications
No significant impacts, other than staff time, are expected to be required regardless of the direction from
Council.
Has Legal review been completed? ___ Yes X No __ N/A
COMMUNICATIONS (INTERNAL/EXTERNAL)
In keeping with the Public Participation Program of the Municipality, a Public Information Meeting was
held on May 10th
The file will then be presented to the Municipal Planning Advisory Committee for consideration
Council will then give 1st Reading and set a date for a Public Hearing
Notice will be posted on the site and mailed to all impacted owners and those within 30m of the subject
properties
Public Hearing will be held, followed by a Council vote
All meetings are advertised in the Progress Bulletin, on the Municipal Website and posted to Municipal
Office doors.
ATTACHMENTS
Appendix A – Letter of Request from Jeff Aucoin
Appendix B – Public Information Meeting Report
v cI\\ES
COOPER
Our File: 224028
February 8, 2023
The Municipality of Chester Council
151 King Street
PO Box 369
Chester, NS BOJ 1J0
Dear Warden and Council Members:
Jeff Aucoin
Direct +1 (902) 444 8507
jeff.aucoin@mcinnescooper.com
1969 Upper Water Street
Suite 1300
McInnes Cooper Tower - Purdy's Wharf
Halifax NS
Canada B3J 2V1
Tel +1 (902) 425 65001 Fax +1 (902) 425 6350
Re: Application to Establish Lakeside Zone at Sawler Lake
I represent a collection of landowners on Sawler Lake who are seeking a zoning amendment.
The amendment being sought only applies to the properties in the Chester Municipality.
Enclosed you will find a completed Application to amend the zoning around Sawler Lake to have
this area designated as a lakeside zone pursuant to Section 9.4 of the Chester Land Use
Bylaws.
We understand that this Application requires a fee of $500 as well as a $500 advertising
deposit. We ask that Council please consider, based on our particular situation as a group,
waiving the requirement for these fees and deposits on the basis that this Application will help to
protect the Sawler Lake area and allow the historical usage of the land by property owners to
continue.
The benefits of a change to lakeside zoning for the Sawler Lake area are numerous, however
we believe that the most important reason the designation should be considered by Council is
the environmental protection of Sawler Lake.
Of particular relevance to this issue is Section 6.3 - Lakefront Overlay in the Municipality of
Chester's Municipal Planning Strategy which states in part:
Lakefront and cottage developments add to the vibrancy and economy of rural
areas. The enjoyment and attractiveness of lakes, however, depends on clean
water. Unregulated development practices near lakes can damage water quality.
The Municipality wants to ensure development protects the water quality of our
lakes.
Within Section 6.3, policies E16 to E23 all confirm the importance of this issue.
Recent development including new highway lanes and service roads near the lake make the
need to protect this area is even more critical. Potential issues include parking lot runoff from
development near Exit 6, landscaped areas at Exit 6 that will be fertilized and have the potential
for fertilizer and chemical runoffs into the lake and the dangerous risk of blue-green algae.
40453630_1)
mcinnescooper.com
MCINNES COOPER Page 2
224028
February 8, 2023
Blue-green algae (also called cyanobacteria) occurs naturally in surface waters like lakes.
ponds, rivers and streams. Toxins and blue-green algae can make people sick and can be fatal
for pets if ingested. The presence of blue-green algae will immediately result in the stoppage of
any use of the water including swimming, recreational activities or drinking.
A key contributing factor to the growth of blue-green algae is the amount of available nutrients
such as phosphorus and nitrogen. Blue-green algae blooms can be caused by agricultural and
stormwater water runoff, as well as leaching from septic systems.
My clients are extremely worried about the potential environmental impacts on Sawler Lake,
particularly with respect to blue-green algae.
My clients are hopeful that it will receive the strongest support from Council on this issue and
that the enclosed application will be approved.
My clients would be happy to provide any further information required.
Yours very truly,
JAIWPRO
Attach.
40453630_1)
Public Information Meeting:
Request to Rezone a Portion of Properties on Sawler Lake to Lakeside Zone
Wednesday, May 10, 2023
Hubbard Lions Club
Meeting Notes
Attendance:
MOC Staff: Garth Sturtevant & Chad Haugh
Applicant: Andrew Burchell
Public: 7 members of the public were in attendance
The Senior Planner opened the meeting at 7:03 pm and provided an overview of the
application for a Land Use By-law amendment. Slides were reviewed regarding the area
proposed for rezoning, the content and regulations of the Lakeside Zone, the process
and policies that must be considered for a rezoning and the expected timeline and
process to come. Following this, the floor was opened to questions and comments.
Andrew Burchell, the Applicant, made gave brief remarks as to the reasoning for the
rezoning request. Andrew began by thanking Council and staff for considering the
rezone request. He and his brother are third generation residents on the lake. They are
applying on behalf of other lake residents. They are familiar with the process that
resulted in Sherbrooke Lake being rezoned and wish the same for Sawler Lake. Sawler
Lake drains to Dorey Lake and ultimately to Hubbards Cove, it is important to protect the
lake water quality from the impacts of new development. He is supportive of growth, but
believe that the rezone will assist in protecting the lake.
Questions and Comments:
Q If the rezoning is approved, would the regulations and setbacks apply to the
proposed commercial use, since it hasn’t yet begun construction?
A Yes, the regulations in the Lakeside Zone would apply, presuming the rezoning is
finalized prior to permits being issued for the proposed commercial development
P a g e | 2
C The proposed nearby commercial development will create runoff from pavement
and parking areas, not in support of the commercial development and in favour
of the request to rezone to the Lakeside Zone.
Q What triggered this rezoning? Assuming there is something proposed or going
on?
A It was a response to the request of the Applicant who asked Council to consider
rezoning Sawler Lake. There is a proposed commercial development which has
generated interest and concern in the community and may have prompted the
applicant to act in requesting the rezoning.
C Having a buffer between the lake and the development is a good idea
Q The large piece of land that has been recently rezoned to Mixed Use Zone, what
size of development is planned?
A While no permits have been issued, the proposal included a substantial
commercial development including gas bar, restaurant and grocery store. There
are still many unknowns as subdivision of the lot into multiple lots would affect
the size and process for developing the land.
Q How do property owners and members of the community find out about the
progress of the application?
A There is a mail-out for all affected properties as well as those within 100 ft of an
affected property. This notice is sent in advance of the Public Hearing in addition
to newspaper ads, website and social media postings.
Q What was the depth of the Lakeside Zone that was applied to Sherbrooke Lake?
A The final decision for Sherbrooke Lake was 300m beginning at the Ordinary High
Water Mark.
Q Will a slope map for the lands around Sawler Lake be shown or included in
considerations?
A Yes, slope is one of the criteria that are evaluated as part of the request to rezone
to Lakeside Zone. A slope map is included in the staff report that will become
public following the MPAC meeting scheduled for May 17th.
Q What is the expected timeline for the rezoning file?
A With the file going to MPAC on May 17th, we would expect 1st reading in late May
or early June, with a Public Hearing likely by the end of June.
The meeting was adjourned at 7:40 pm.
May 15, 2023
Mayor Brenda Chisholm-Beaton
President, Nova Scotia Federation of Municipalities
Suite 1106, 1809 Barrington Street
Halifax, Nova Scotia
B3J 2K8
Dear President Chisholm-Beaton,
Under the provisions of the Municipal Government Act, the Minister of Municipal Affairs and
Housing must provide to the Nova Scotia Federation of Municipalities (NSFM) 12-months’
notice of any provincial legislation, regulation, or administrative actions that could have the
effect of decreasing revenues or increasing the required expenditures of municipalities.
This letter is intended to provide notice of such changes for fiscal year 2024-2025 and
beyond.
The Department of Municipal Affairs and Housing (DMAH) canvassed all other provincial
departments to seek information on plans for legislative, regulatory, and policy changes in
the coming fiscal year. Below you will find a summary of the results of that process.
Additionally, you will find as an appendix to this notice a listing of other related initiatives
that departments feel municipalities should be made aware.
DEPARTMENT OF JUSTICE
Biological Casework Analysis Agreement
The Biological Casework Analysis Agreement provides Nova Scotia’s municipalities with
DNA analysis arising from criminal investigations. DNA analysis is an important and
affordable service that helps solve crimes. The 2023-24 financial cost of this program is
expected to be $845,000 however the proration of the cost to municipalities will be
reassessed upon the Department of Municipal Affairs and Housing’s release of the “Uniform
Assessment” for 2023-24.
If any of the above content is unclear or should you have any questions regarding the
provided information, please do not hesitate to contact the corresponding department for
clarification.
DEPARTMENT OF ENVIRONMENT AND CLIMATE CHANGE
Construction and Demolition Debris Regulation and Guideline Changes
As noted in the letter to the Nova Scotia Federation of Municipalities on January 4, 2023
(which was a supplement to the notice for fiscal year 2023-24), the Province has approved
changes to the construction and demolition (C&D) debris management in Nova Scotia.
These new measures are designed to ensure that C&D debris management (including
disposal, storage, transfer, and processing) does not cause adverse environmental
impacts. ECC completed a review of C&D debris management in response to fires and
groundwater impacts that occurred at existing C&D debris disposal facilities, as well as
community concerns about facilities that store, transfer, and process these materials. The
review included engagement and consultation with municipalities, construction industry
stakeholders, environmental groups, waste management stakeholders, and provincial
government departments.
Amendments to the Activities Designation Regulations and the Solid Waste Resource
Management Regulations mean that, starting on July 5, 2023, chemically treated wood will
no longer be accepted for disposal at C&D debris facilities. Instead, these materials can be
reused, repurposed, or disposed of in municipal solid waste landfills. Storage, transfer, and
processing will continue to be permitted for treated wood.
As well, this fall, ECC engaged stakeholders on proposed amendments to the following
guidelines:
•Solid Waste Management Facility Guidelines for Construction and Demolition
Debris Storage, Transfer, Process and Disposal;
•Solid Waste Management Facility Guidelines for Municipal Waste Transfer.
The guidelines outline details on siting, design, and operational requirements to prevent
environmental impacts. Terms and conditions of approvals will outline further site-specific
details, which will be developed case-by-case with the facility’s respective ECC regional
office.
The proposed amended guidelines include an implementation timeline for the ban on
treated wood. The implementation of the ban will be staged by having education
compliance during the first year to reduce costs associated with adhering to the ban.
Municipalities were engaged on this approach during the fall targeted engagement
sessions.
In addition, facilities storing, transferring, or processing C&D debris will now require an
operating approval from ECC. Previously, only C&D debris required an operating approval.
Amending approvals to include C&D transfer, process and storage will be required by July
5, 2023, but any significant terms and conditions will have staged timelines to allow for one
year notice. Please note that any new facilities (brand new sites; not currently operating)
and expansions of current disposal sites would be subject to requirements starting July 5,
2023.
Coastal Protection Act
As indicated in last year’s letter, it is possible municipalities will incur incremental costs
related to implementation of the Coastal Protection Act and Coastal Protection Regulations
in the coming fiscal year. Nova Scotia Environment and Climate Change (ECC) is providing
notice of changes which will be required in building permit approval and compliance
processes once the Coastal Protection Act is proclaimed. This legislation will provide
consistent, province-wide protection for our coast by restricting development and related
activity where structures will be at risk from coastal flooding and coastal erosion, or where
they will cause unnecessary interference with or damage to coastal ecosystems.
Once proclaimed into law, this legislation would create a Coastal Protection Zone, within
which the regulations apply. Municipalities would be allowed to issue a building permit for
structures within the Coastal Protection Zone if the proposed location of the construction is
above a minimum building elevation specified in the regulations and is situated upland of a
site-specific horizontal setback certified by a designated professional. This will require
modifications to municipal administrative processes for building permits.
Subject to the final form of the regulations, it is anticipated that the municipality will be
expected to determine whether the proposed location of the construction is located within
the Coastal Protection Zone and whether the regulations apply to the general type of
construction and/or the type of structure to be built or expanded. If the regulations apply,
the municipality may be required to determine whether the proposed location is above the
minimum building elevation prescribed in the regulations and upland of the horizontal
setback certified by the designated professional in a coastal erosion risk factor assessment
report accompanying the permit application. They also may be required to ensure the
designated professional is a member in good standing of the relevant professional body at
the time the report was signed.
It is expected that the responsibility for competent, accurate and objective certification of
the horizontal setback will rest with the designated professional, with forms and a standard
methodology for determining the setback prescribed by regulation and provided by ECC.
Specifics regarding which professional groups will qualify to provide the certification,
standards, forms to be used, and other administrative details will be set out in regulations.
ECC expects to support municipal officials with training, support materials and digital
mapping resources to help interpret the regulations and where they apply.
Sincerely,
Honourable John Lohr
Minister of Municipal Affairs and Housing
Appendix A:
DEPARTMENT OF INTERGOVERNMENTAL AFFAIRS
Procurement
Every two years, Global Affairs Canada updates its thresholds for covered procurements
under the Canada-Europe Trade Agreement (CETA), the Canada-UK Trade Continuity
Agreement (TCA) and the Canada Free Trade Agreement (CFTA), which covers internal
trade within Canada. Municipal procurements are covered under these obligations. All
procurements above the thresholds must be publicly tendered unless subject to an
exemption.
Thresholds were last updated on January 1, 2022, and are as follows:
CETA Thresholds TCA CFTA Thresholds
Goods $366,800 $366,800 $121,200
Services $366,800 $366,800 $121,200
Construction $9.1M $9.1M $302,900
The next update will be posted in December 2023 for calendar years 2024 and 2025. These
thresholds are calculated based on data that will not be available until the end of next year,
so at this time, the scope for municipal involvement is not known. We will advise as soon
as we receive updated information.
Municipal officials may contact Intergovernmental Affairs, Trade Policy, with any questions
related to municipal procurement obligations under trade agreements.
DEPARTMENT OF JUSTICE
RCMP Collective Bargaining Agreements
The RCMP National Police Federation’s collective bargaining agreement with the federal
government will expire on March 31, 2023, and new contract negotiations are expected to
begin. In addition, labour contract negotiations are ongoing for RCMP telecom operators
and intercept monitoring employees for the period April 1, 2016, to March 31, 2023. The
cost implications and its future impacts cannot be determined until these negotiations have
settled. We will monitor the situation closely and keep municipalities up to date as the
process moves forward.
The Accessibility Act
Work is underway on the development of the accessibility standard for the built
environment. There will be an opportunity for municipalities, villages, and Nova Scotians to
provide feedback or input once the standard has been drafted. The goal is to make the
regulations effective in 2024. A compliance and enforcement framework has been
approved. At a minimum, one-year notice will be given to municipalities and villages of any
policy and regulation change related to obligations under the Accessibility Act and
standards that impact revenue or expenditures.
Amendments to the Part XX of the Municipal Government Act
The Attorney General and Minister of Justice’s Mandate Letter of September 14, 2021
directs the Minister to [a]mend the Freedom of Information and Protection of Privacy Act to
give order-making ability to the Privacy Commissioner. These amendments, as well as
other amendments aimed at modernizing the act are anticipated to be brought forward by
government at a future sitting of the House of Assembly. To ensure consistency in access
and privacy legislation, Part XX of the Municipal Government Act will be updated at the
same time.
DEPARTMENT OF ECONOMIC DEVELOPMENT
Peggy’s Cove Commission Act
A review is seeking to modernize the role and administration of the Peggy’s Cove
Commission. While it is too early to speculate on the outcomes of the review, given the
location of Peggy’s Cove within the boundaries of HRM, any proposed changes to the Act,
or to the administration of it, could have an impact on the municipality, for example shifting
responsibility for planning approvals.
Community Economic Development
The Department’s mandated review of structures and mechanisms to support economic
development includes reviewing the current structure and function of the Regional
Enterprise Networks (RENs). Over the past several months, the Department has been
engaging with the RENs, municipalities, sector and business leaders in communities across
Nova Scotia to ensure the best model for community economic development in Nova
Scotia. The outcome of this review has the potential to impact the existing REN model, and
therefore our municipal funding partners.
DEPARTMENT OF NATURAL RESOURCES AND RENEWABLES
Feeding Wildlife
The department is currently undertaking consultations on regulations pertaining to the
feeding of wildlife, with a goal of introducing regulations in 2023. It is possible there will be
impacts on municipalities in relation to green bins and garbage handling, but it is too early
to say definitively, and the actions may be limited to supporting NRR’s public education
efforts. As we complete consultations and move into the regulation writing phase,
municipalities will be kept informed.
REQUEST FOR DECISION
REPORT TO: Council
MEETING DATE: June 8, 2023
DEPARTMENT: Infrastructure & Operations
SUBJECT: Landfill ‘Mobile Workshop’ & Sand-Spreader
ORIGIN: Kaizer Meadows Landfill
Date: April 19, 2023 Prepared by: Tammie Bezanson, CET
Date: May 11, 2023 Reviewed by: Christa Rafuse, Director of Solid Waste
Date: May 31, 2023 Authorized by: Tara Maguire, CAO
RECOMMENDED MOTION
That council approves the purchase of an enclosed cargo trailer and sand-spreader for Kaizer Meadows Landfill.
CURRENT SITUATION
Currently, the landfill staff must transport tools and equipment to broken and damaged vehicles. This is time-
consuming and impacts regular, productive operations.
The new plow truck budget did not include the purchase of a new electric sand-spreader.
BACKGROUND
In consultation with the Kaizer Meadows staff, it has been determined that heavy equipment and vehicle
maintenance at the landfill would greatly benefit from a 14’ trailer equipped with a secure toolbox, generator,
welding equipment, misc. tools etc.
In addition, landfill staff are also requesting a sand spreader for the new ¾ ton truck as it was discovered after
budget discussions that the existing gas sand spreader is no longer working.
DISCUSSION
When heavy equipment breaks down, the crew transports the machine back to the shop for repairs. With a
‘mobile workshop’, outfitted with a generator, welder, tools etc., the landfill mechanic would be able to fix most
items in-situ, decreasing the downtime of the equipment, This will increase efficiency in time and be less labor
intensive dragging/lifting heavy equipment (ie loader tires and generators) up onto a truck as the new trailer will
have a ramp gate door.
The new cargo trailer and modifications would increase the municipal trailer asset count to six (6), at a cost of
$20,000 + HST. The existing trailer inventory is as follows:
TR 001 – Speed Radar Trailer (2018)
o Has a permanently mounted mobile speed radar unit.
TR 002 – Cana UT 612-3K (2013)
o To transport vehicles and equipment such as zero-turn mowers, side-by-sides etc.
TR 003 – BIGTX float trailer for the trench box (2007)
o To transport the trench box to site for sewer connections.
R e q u e s t f o r D e c i s i o n P a g e | 2
TR 004 – Dump Trailer (old) (2017)
o Has a lift action for transporting and dumping vegetation, materials etc.
TR 005 – Dump Trailer (new) (2023)
o Has a lift action for transporting and dumping vegetation, materials etc.
Whilst the existing trailers do not have constant day-to-day usage, they are task specific for the property
maintenance division and required to perform appropriate tasks on an often ad hoc basis.
All of the existing trailers are for use by the Public Works staff. This new trailer request would be for use by the
Solid Waste staff at Kaizer Meadows landfill.
A new sand-spreader would cost $12,000 + HST.
OPTIONS
Option A – Approve an unbudgeted purchase of a new 14’ trailer, accessories, tools and new sand-spreader for a
total of $32,000 + HST ($20,000+HST Mobile Workshop; $12,000+HST Sand Spreader)
Option B – Instruct staff to return with more information.
Option C – Reject the recommendation and do not authorize the purchase.
IMPLICATIONS
By-Law/Policy
Not Applicable
Financial/budgetary
This project has not been approved in the 2023-2024 Capital Budget. The funds for the purchase of the cargo
trailer and the sand-spreader would come from the proceeds from the accumulated recycled scrap metal sale
funds.
Strategic Priorities
This change will provide an increase in efficiency for staff and will lower the time the equipment is offline for
repairs.
Priority Outcomes: Governance & Engagement
1. Ensure municipal service delivery is efficient and effective, communicated, and accessible.
Priority Outcomes: Infrastructure & Service Delivery
1. Create efficiencies through innovative service delivery, and proactive maintenance and operations of
existing infrastructure.
Environmental Stewardship
1. Seek opportunities for innovation and leadership in waste management.
R e q u e s t f o r D e c i s i o n P a g e | 3
Work Program Implications
Will the subject of this report have an impact on staff’s work programs? Are additional resources needed or will
the action delay or change any timelines of the departmental work program?
No
Has Legal review been completed? ___ Yes _ _ No _X_ N/A
COMMUNICATIONS (INTERNAL/EXTERNAL)
N/A
ATTACHMENTS
None
REQUEST FOR DECISION
REPORT TO: Council
MEETING DATE: 2023-06-08
DEPARTMENT: Planning & Development
SUBJECT: MLUB and VLUB Amendments
ORIGIN: Staff: LUB as living document
Date: November 02, 2022 (updated May 24, 2023) Prepared by: Emily Statton, Planner
Date: November 02, 2022 Reviewed by: Garth Sturtevant, Senior Planner
Date: May 31, 2023 Authorized by: Tara Maguire, CAO
RECCOMENDATION
Staff are recommending that Council gives first reading to the list of housekeeping amendments to the
Municipal Land Use By-Law & Village Land Use By-Law and schedule a public hearing date for July 06th 2023.
CURRENT SITUATION
Staff have identified a series of amendments that would improve the clarity and administration of both the
Municipal Land Use By-Law and Village Land Use By-Law. These amendments are minor in nature and can be
accomplished without amending any policies outlined in the Municipal Planning Strategy. The sections from
each Land Use By-Law that staff are proposing amendments to are:
Municipal Land Use By-Law
a) MLUB Section 2.0 – revise definition of ‘Tourist Home’ and rename to ‘Short-Term Rentals’, add a line to
general provisions of the use of short-term rentals;
b) MLUB Section 3.2– revise wording to address the adoption of revised maps;
c) MLUB Section 4.1.3– add language explaining that certain By-laws are exempt from LUB provisions,
including but not limited to: Uniform Signage By-Law #152 & Outdoor Dining By-Law #153;
d) MLUB Section 4.18.1 – use single unit dwelling setbacks as the standard for private storage;
e) MLUB Section 4.28.1 – (1) clarify that any development on a lot subject to Lakefront Overlay requires a
development permit, and (2) revise lot coverage language;
f) MLUB Section 6.4.1 – (1) list campgrounds and RV parks as permitted uses in the SR-2 zone (2), limit
camp sites/RVs to 10, and (3) impose 10m setbacks equal to those found in the Hamlet Zone;
g) MLUB Section 6.4.1 revise setbacks for 3-11 dwelling units on a lot from 1.5m to 3m and Tourism
Accommodations setbacks from 7m to 7.5m to match MU Zone requirements;
h) MLUB Section 6.5.1 – revise language for larger campgrounds and RV parks to “21 or more sites”;
i) MLUB Section 9.4.3 - add Waterfront Parks not owned by the Municipality by Development Agreement
to list of Permitted Uses and Developments.
Village Land Use By-Law
j) VLUB Section 3.4 – revise wording to address the adoption of revised maps;
k) VLUB Section 4.5 – add language explaining that certain By-laws are exempt from LUB provisions,
including but not limited to: Mobile Vending & Outdoor Dining;
R e q u e s t f o r D i r e c t i o n P a g e | 2
BACKGROUND
Over the last year or so Staff have identified a series of amendments that would improve the clarity and
administration of the MLUB & VLUB. Staff consider these amendments minor in nature and can be accomplished
without amending any policies outlined in the MPS.
Staff requested direction from Council to direct staff to prepare a report & draft amendments to MLUB & VLUB
that addresses the above list. The motion was as follows:
Direct Staff to prepare a report and draft amendments to the Municipal Land Use By-law and Chester
Village Land Use By-law that address the list of housekeeping amendments and schedule a date for a
Public Information Meeting.
DISCUSSION
Municipal Land Use By-Law
a) In Section 2.0 (Definitions) of the MLUB, the definition of ‘Tourist Home’ should add language specifying
that the site “will not function as a residential dwelling unit”. Further, the term ‘Tourist Home’ should be
changed to ‘Short-term Rental’, as the latter better reflects current terminology of rental units. Finally, a
line should be added to the General Provisions (Section 4.0) to state that “Short-term Rentals are subject
to the dwelling standards of the zone where the structure is situated.” This change ensures short-term
rentals are subject to the same dwelling standards as the other dwelling uses in that zone.
b) In Section 3.2 (Interpretation of Zone Boundaries) of the MLUB, language should be added to
acknowledge that the maps shown in Schedule “A” are revised from time to time to reflect improved
data or more accurate information. When property data is updated by the province (a process that
happens semi-regularly), it is possible that discrepancies may arise between property lines and zone
boundaries. This will provide staff with the ability to update the maps without undergoing the
amendment process every time the province updates data, allowing the mapping to be the most up to
date possible.
c) In Section 4.1.3 (Mobile Vending) of the MLUB a line should be added: ‘Other By-laws are exempt from
Land Use By-Law provisions including but not limited to: Uniform Signage By-Law #152, Outdoor Dining
By-Law #153.’ Staff have introduced a variety of new by-laws over the years, which all supersede the
General Provisions found in the MLUB. This should be reflected in the MLUB so that there are no
contrary provisions.
d) In Section 4.18.1 (Private Storage) of the MLUB as currently written, this section uses general language
for setbacks for private storage sheds– “subject to zone standards”. It should be stated that “private
storage buildings shall be permitted in any zone, subject to the zone standards for single unit dwellings
(Section 6.2)”. The way it is written now, we have different setbacks for different uses, making that
requirement difficult to interpret and leaves room for error. The new wording will mirror the standards
for a single unit dwelling to create a more fluent document. This change will utilize single-unit dwelling
R e q u e s t f o r D i r e c t i o n P a g e | 3
setbacks as the standard for private storage, creating more uniform setback standards throughout the
document.
e) In Section 4.28.1(a) (Lakefront Overlay) of the MLUB, language should be revised to state that “any
development on a lot subject to the Lakefront Overlay shall require a development permit.” As it
currently stands, if a landowner wants to develop on land that is subject to the Lakefront Overlay but
does not propose to build on area covered by the Lakefront Overlay, a development permit is not
required. In these cases, once construction begins, the Municipality is limited in ensuring that the
development does not infringe on the Lakefront Overlay. This change clarifies that even if a landowner
wants to develop on their land outside of the Lakefront Overlay, they still require a development permit.
This will ensure that the Lakefront Overlay boundary is respected.
4.28.1(d) refers to “impermeable surfaces must not exceed 25% of total area of the lot including
buildings and hard-surface landscaping”. Staff have proposed to change the wording to ““impermeable
surfaces must not exceed 25% of the total lakefront overlay area of the lot”. This needed to be clarified
to reflect that the 25% limit is intended to be just the area covered by LF overlay and not lot coverage
for the entire lot.
f) In Section 6.4.1 (SR-2 Permitted Uses and Developments) Campgrounds and RV Parks are listed as “any
other commercial or institutional use”, which are not subject to setback requirements. Within the
Mixed-Use & General Basic zones, Campgrounds and RV Parks are listed as a permitted used with listed
setbacks. The SR-2 zone was intended to be more restrictive than the MU & GB zones, however in this
instance, that is not the case. Campgrounds and RV Parks should be added to the list of permitted
Commercial & Institutional uses within the SR-2 zone. This amendment would also include more
restrictive setbacks for Campgrounds and RV Parks in the SR-2 zone, going from the current 1.5m to 10m
(equal to current setbacks in Hamlet Zone). With this change, staff recommend limiting the number of
campsites/RVs to a maximum of 10 sites. This change is intended to mirror setbacks for similar uses in
other zones, to again create more uniformity through the document.
g) In Section 6.4.1 (SR-2 Permitted Uses and Developments) the setbacks for 3-11 dwelling units on a lot
are currently 1.5m. The amendment would change this setback to 3m. This would also change Tourism
Accommodations setbacks from the current 7m to 7.5m to match MU Zone requirements.
h) In Section 6.5.1 (Mixed-Use Zone Permitted Uses and Developments) of the MLUB, there is language
stating that Campgrounds and RV Parks with more than 21 sites are approved by development
agreement and Campgrounds and RV Parks up to 20 sites to be approved via development permit. This
could theoretically leave a 21 site Campground or RV Park outside of the purview of the Land Use By-
law. As such, the language should be adjusted to “Campgrounds and RV Parks with 21 or more sites”,
allowing the potential 20 site RV Park by development permit.
i) In Section 9.4.3 (Lakeside Zone) of the MLUB, ‘Waterfront Parks not owned by the Municipality’ through
the Development Agreement approval process should be added to the ‘Permitted Uses and
Development’ list, to mirror all other zones. This line simply got missed when developing the Lakeside
Zone and should be added to mirror all other zones. A Waterfront Park is defined in the LUB as: a park
R e q u e s t f o r D i r e c t i o n P a g e | 4
allowing public access to inland waterways or coastal shores on property that is owned by interests
other than the Municipality of Chester or the Crown.
Village Land Use By-Law
j) In Section 3.4 (Interpretation of Zone Boundaries) of the VLUB language should be added to
acknowledge that the maps shown in Schedule “A1” and “A2” are revised from time to time to reflect
improved data or more accurate information. When property data is updated by the province (a process
that happens semi-regularly), it is possible that discrepancies may arise between property lines and zone
boundaries. This will provide staff with the ability to update the maps without going through the
amendment process every time the province updates data, allowing our mapping to be the most up to
date possible.
k) In Section 4.5 (Waivers and Exemptions) of the VLUB a line should be added to include Mobile Vending
and Other By-laws are exempt from Land Use By-Law provisions including but not limited to: Outdoor
Dining By-Law #153 & Trade and Licensing By-Law #11.’ Staff have introduced a variety of new by-laws
over the years, which all supersede the General Provisions found in the VLUB. This should be reflected in
the VLUB so that there are no contrary provisions.
DISCUSSION
Public Information Meeting
A public information meeting was held on October 5th, 2022. There were no members of the public in
attendance.
Municipal & Village Planning Advisory Committees
Staff presented a report and list of amendments to both the Municipal PAC (November 16th, 2022) & Village PAC
(November 8th, 2022). Short discussions were had at both meetings. Both committees made motions to
recommend that Council give first reading to the list of housekeeping amendments & schedule a public hearing
date.
OPTIONS
1. Council gives first reading to the list of housekeeping amendments to the Municipal Land Use By-Law &
Village Land Use By-Law and schedule a public hearing date for July 06th 2023.
2. Council rejects the proposed list of housekeeping amendments to the Municipal Land Use By-Law &
Village Land Use By-Law.
3. Council gives first reading to the list of housekeeping amendments to the Municipal Land Use By-Law &
Village Land Use By-Law with identified changes and schedule a public hearing date for July 06th 2023.
IMPLICATIONS
By-Law/Policy
None outside of additions/amendments mentioned in ‘Discussion’ section
R e q u e s t f o r D i r e c t i o n P a g e | 5
Financial/budgetary
None
Environmental
None
Strategic Priorities
None
Work Program Implications
An increase in development permits being sought is possible as a result of changes to MLUB Section 4.28.1, however any
increase is not expected to be significant.
Has Legal review been completed? ___ Yes _X_ No __ N/A
ATTACHMENTS
Schedule “A”: Draft amendments to the MLUB
Schedule “B”: Draft amendments to VLUB
SCHEDULE A
DRAFT MUNICIPAL LAND USE BY-LAW
HOUSEKEEPING AMENDMENTS
Municipality of the District of Chester
Community Development Department
Amendments to the Chester Municipal Land Use By-law
Be it enacted by the Council of the Municipality of Chester as follows:
1) Amendments to Section 2.0 Definitions to revise definition of 'Tourist Home' and rename to
'Short -Term Rentals';
a. Add a section to Section 4.0 General Provisions to state that Short-term Rentals are
subject to the dwelling standards of the zone where the structure is situated/'
2) Amendments to Section 3.2 Interpretation of Zone Boundaries to add wording to address the
adoption of revised maps from time to time as the province updates data;
3) Amendment to Section 4.1.3 Mobile Vending to add language explaining that certain By-laws
are exempt from LUB provisions, including but not limited to: Uniform Signage By -Law #152 &
Outdoor Dining By -Law #153;
4) Amendment to Section 4.18.1 Private Storage to use single unit dwelling setbacks of the zone
the structure is located in, as the standard for private storage;
5) Amendment to Section 4.28.1 Lake Front Overlay to:
a. Clarify language that any development on a lot subject to Lakefront Overlay requires a
development permit
b. Revise lot coverage language to better reflect the calculation for permitted
impermeable surfaces;
6) Amendment to Section 6.4.1 SR -2 Pemited Uses and Developments to:
a. list campgrounds and RV parks as permitted uses in the SR -2 zone
b. limit camp sites/RVs to 10
c. impose 10m setbacks equal to those found in the Hamlet Zone;
d. revise setbacks for 3-11 dwelling units on a lot from 1.5m to 3m
e. revise setbacks for Tourism Accommodations from 7m to 7.5m to match MU Zone
requirements;
7) Amendment to Section 6.5.1 Mixed Use Zone Permitted Uses and Developments to revise
language for larger campgrounds and RV parks to "21 or more sites"
8) Amendment to Section 9.4.3 Lake Side Zone to add Waterfront Parks not owned by the
Municipality by Development Agreement to list of Permitted Uses and Developments.
Underlined text is added. Strikethrough text is deleted.
Short -Ter ental a means a dwelling functioning in a commercial capacity as
self-catering accommodation for the travelling public, will not function as a residential unit and
does not include facilities open to the general public such as meeting rooms, restaurants, or
entertainment facilities.
Transportation depot means any facility developed for the primary purpose of storing and
dispatching trucks, cars, and any other mode of transportation for the transporting of goods or
people and does not have any related retail use.
Use means the purpose for which any land, budding or structure is utilized, and for greater
certainty:
Accessory use: a use subordinate to, normally incidental to and located on the same /otas
the main land use.
Change of use: any alteration in the use made of the whole or any part of a parcel of land,
building or structure.
Non -conforming use: means a use as described in the Municipal Government Act.
Variance means a relaxation or reduction of Land Use By-law requirements for a specific site, as
stipulated in Sections 235-237 of the Municipal Government Act.
Vegetated buffer means a designated strip of land containing a mix of species including trees,
shrubs and grasses, whether naturally occurring or planted during restoration, that provides
filtration of pollutants and sediment, and promotes bank stability as a means to protect water
quality and habitat of watercourses and lakes, and to protect property from
flooding and erosion.
Wall Sign — see Sign
Wall Sign Area — see Sign
Warehouse means a building in which goods or wares are stored but shall
not include a retai/store.
Wastewater Management District means a designated area of land within
which privately -owned on -site septic systems are collectively managed by
the Municipality in accordance with a municipal wastewater managementdistrict by-law.
Watercourse means the bed and shore of a river, stream, creek, brook or similar. This By -Law
applies to all watercourses indicated on the Nova Scotia 1:10,000 topographic database.
Eave Line
Wail:
Sign
Area
3.2 Interpretation of Zone Boundaries
The boundaries of zones are shown in the Land Use By-/awZoning Maps (Schedule "A") and
shall be precisely located as follows:
3.2.1 Where a zone boundary is shown on or within a street or highway, the boundary
shall be the centreline of such street or highway;
3.2.2 Where a zone boundary approximately follows lot lines, the boundary shall
follow such lot lines;
3.2.3 Where a zone boundary approximately follows a shoreline, the boundary shall
be the ordinary high water mark;
3.2.4 Where a zone boundary approximately follows a railway right-of-way, public
recreational trail right-of-way, electrical transmission right-of-way, or a watercourse, the
boundary shall be the centreline of such right-of-way or of such watercourse;
3.2.5 Where there is no landmark, lot line or right-of-way that indicates the precise
location of a boundary, the boundary shall be scaled from the Land Use By-law Zoning
Maps as shown in Schedule "As2.
3.2.6 Where maps shown in Schedule "A" are revised
improved data or more accurate information
province.
4.1 Application, Waivers and Exemptions
0
o time to re
n o eztV data is undated by
More Information:
The Trade and Licensing
By-/awcan be found at
www.chester.ca or by
visiting the Municipal
Office
4.1.1 Application of General Provisions
The general provisions of Part 4.0 shall apply to all zones and shall
prevail over all zone requirements, unless otherwise
specified.
4.1.2 Height regulation
The regulation on maximum height for each zone shall not apply to church spires, water
tanks, silos, flagpoles, structures and antennae used for radio -communications,
ventilators, skylights, chimneys, clock towers, wind turbines and solar collectors.
4.1.3 Mobile vending
al Mobile vending, associated signs, and associated structures are subject to the
Trade and Licensing By-law #11 of the Municipality, and no development permit shall be
required.
b) Other By_ -Laws arc exegrr at from Land Use B Haw provisions included but not
limited to: Uniform Si 2 Outdoor Dining By -Law #153.
4.1.4 Permitted uses
a) Unless otherwise indicated as a permitted use in a zone within this
By-law, the use shall be deemed to be prohibited in said zone.
b) Subject to regulations in each zone, uses accessory to, subordinate
to, or incidental to the principal use shall be permitted in any zone.
4.1.5 Restoration to a safe condition
Nothing in this By-law shall prevent the strengthening or restoring to a safe condition of
any structure.
4.1.6 Signs
All signs shall be subject to the applicable requirements of Part 10 of this By-law.
4.1.7 Swimming pools
No development permit shall be required for the installation of any swimming pool.
However, any decking, accessory structures or fencing associated with a swimming pool.
may require a development permit subject to the provisions of the By-law.
4.1.8 Accessory Uses
Accessory Uses Subject to regulations in each zone, uses accessory to, subordinate to, or
incidental to the principal use shall be permitted in any zone.
4.1.9 Accessory Structures
Accessory structures shall be permitted in all zones and, unless otherwise indicated, shall
be subject to the following:
a) Shall not be used for human habitation;
b) In zones where minimum yards standards apply, shall not be permitted to be located closer than 1.2
m to any lot line, with the exception of one accessory structure without plumbing which may be
built to the ordinary high-water mark;
c) Shall not be located or built within 1.5m of a main building or structure, excluding signs, except that
a fence or retaining wall may join accessory structures with a main building;
d) Small accessory structures shall not require a development permit in any zone with the exception of
the Single Unit Residential Zone (SU), the Protected Watershed Zone (PW), and on any land
within the Lakefront Overlay;
e) Notwithstanding 4.1.9 c), in any zone that includes regulations for Farm Animals, Small accessory
structures used for the rearing, breeding, boarding, sheltering and keeping of Farm Animals shall
require a Development Permit;
f) Minor accessory structures shall not require a development permit.
4.2 Aggregate processing
4.2.1 In the Kaizer Meadow Industrial (KI) zone, aggregate processing shall be
permitted by development permit.
4.2.2 In any other zone, aggregate processing within the active area designated for the
operation of an approved pit or quarry, shall be permitted by development permit.
4.2.3 In the General Basic (GB) and Mixed Use (MU) zones, for any location outside
of an active area designated for the operation of an approved pit or quarry, and for a
period not to exceed six (6) months, aggregate processing shall be permitted by
temporary development permit, subject to the following:
Provisio
n
Stand
Minimum distance for the envelope of a processing facility
from any existing residential property
360 m
Minimum distance for the envelope of a processing facility
from any zone boundary other than the Kaizer Meadow
Industrial (KI), General Basic (GB), or Mixed Use (MU).
50 m
and thereafter not permitted on the same lot except by development agreement.
4.2.4 In the General Basic (GB) and Mixed Use (MU) zones, for any location outside
of an active area designated for the operation of an approved pit or quarry, and for a
period exceeding six (6) months in any calendar year, aggregate processing shall be
permitted by development agreement.
4.3 Agricultural Uses
4.3.1 This By-law does not regulate or control agricultural uses and no development
permit shall be required unless otherwise noted in this By-law.
4.4 Cannabis Production Facilities
4.4.1 Indoor Cannabis Production Facilities
Indoor Cannabis production facilities completely contained within a building are deemed
a light industrial use and shall comply with all zone standards for a light industrial use
including but not limited to any required gross floor area or land area requirements.
4.4.2 Outdoor Cannabis Production Facilities
Outdoor Cannabis production facilities cultivating, propagating, or harvesting cannabis,
are deemed an agricultural use and shall:
a) be located a minimum of five hundred (500) m from any permanent dwelling, childcare centre,
school, nursery, public park, religious institution, long term care facilities, hospitals or permanent
alcohol or drug treatment facility;
b) the use shall be set back a minimum of thirty (30) m from all lot lines.
4.5 Community Gardens
4.5.1 Community gardens shall be permitted in any zone and shall not require a
development permit.
4.6 Composting, Small-scale
4.6.1 Small-scale composting shall be permitted as an accessory use to commercial,
institutional and light industrial uses in zones where such uses are permitted.
4.7 Electrical Generation Facilities
The following provisions shall apply to developments not owned by the Municipality or
located on Municipally -owned property.
4.7.1 Wind Turbines
Wind turbines shall be permitted in all zones by development permit and shall be subject
to the following requirements:
a) in the Single Unit Residential (SU), Hamlet (HM), and Gateway (GW) zones, total combined
production capacity for all wind turbines on the lot shall not exceed five (5) kilowatts;
b) in all other zones, total combined production capacity for all wind turbines on the /01 shall not
exceed one hundred (100) kilowatts;
c) wind turbines shall be set back 1.5 times the height of the turbine, measured from grade to the
highest point of the rotor's arc, from adjoining lot lines;
d) wind turbines shall not exceed thirty (30) m in height;
c) wind turbines shall bear a non -reflective finish, and shall not contain any exterior lighting;
f) no sign shall appear on a wind turbine other than the owner's or manufacturer's identification;
g) rotor blade clearance shall be at least eight (8) m above grade.
4.7.2 Solar Collectors
Solar collectors shall be permitted in all zones, subject to the following requirements:
a) This By-law shall apply to all solar collectors that are not attached to a building on the lot. Solar
collectors attached to a building do not require a development permit. Off -building solar collectors
shall require a Development Permit, except within the General Basic (GB) zone;
b) off -building solar collectors shall be permitted on /ots that do not contain a main building;
c) where minimum yard standards apply, off -building solar collectors shall not be permitted within the
front yard and shall meet the requirements of the zone.
4.7.3 High Capacity Electrical Generating Facilities
Any electrical generating facilities not permitted under sections 4.7.1 or 4.7.2, such as a
large-scale wind turbine facility or solar farm, shall be permitted by development
agreement in the General Basic (GB), Business Park (BP), Kaizer Meadow Industrial
(KI) and Kaizer Meadow (KM) zones.
4.8 Farm Animals
4.8.1 The rearing, breeding, boarding, sheltering and keeping of Farm animals does
not require a development permit unless otherwise stated in this By-law.
4.9 Farm Markets
3 m or less
Farm markets operating one day per week or less shall be permitted in any zone and shall
not require a development permit.
4.10 Fences
4.10.1 Requirements for fences are based on height, as follows:
Development Location Requiremen
Permit
No
None
Greater than 3 m
Yes (except
within the
General Basic
(GB) zone
Must meet minimum yard
requirements of the zone in
which it is to be located
4.11 Fuel Production, Alternative Non-commercial
4.12 Lots
4.11_ 1 Notwithstanding restrictions within specific zone standards for heavy industrial
uses, nothing in this By-law shall prevent the small-scale production of alternative fuel
sources such as, but not limited to; biodiesel, methane and ethanol in zones where the
production exclusively used in relation to a non-commercial use or non -commerce use.
For greater clarity this does not permit any operation involving commercial sale of
products or those which require licensing under Provincial Acts relating to fuel
production, storage or retail including but not limited to the Resources Conservation
Act & Technical Safety Act of Nova Scotia.
4.12.1 Common lot line
Notwithstanding the yard requirements of each zone, adjoining buildings which are
structurally attached to each other are permitted to be built to the common lot line.
4.12.2 Existing undersized lots
Notwithstanding minimum lot area and lot frontage requirements established elsewhere
in this by-law, a lot which does not satisfy the 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 (a) or (b) 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 are satisfied:
More Information:
The Municipal
Government Act allows
certain structures which
do not otherwise meet
the requirements of this
By-law to continue to be
used and altered subject
to certain criteria.
For more information,
see sections 238-242 of
the Municipal
Government Act,
available from
www.nslegislature.ca
a) 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
b) The lot is located upon an island, in which case the required lot frontage shall be measured along the
ordinary high water mark.
4.12.3 Minimum lot frontage
The minimum lot frontage for all lots shall be six (6) m, unless otherwise required in this
By-law.
4.13 Non -Conforming Structures and Uses
4.13.1 Non -conforming structures: enlargement and relocation
A structure, excluding any sign, which was legally in existence on the effective date of
this By-law, and which would not otherwise be permitted due to the size of the yard in
which it is located, or its setback from property lines, may be:
a) enlarged, reconstructed, repaired, renovated, or replaced by a new structure, provided that the
structure shall not thereby be permitted to extend, elongate or increase any existing
encroachment into the minimum front yard, flankage yard, side yard or rear yard required in
that zone except by the granting of a variance in accordance with this By-law.
b) relocated, provided no encroachment into the minimum front yard, flankage yard, or rear
yard required in that zone shall be permitted except by the granting of a variance in accordance
with this By-law.
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 lot.
4.13.2 Non -conforming structures: used as permitted in
A structure, excluding any accessory structure or sign, which was
legally in existence on the effective date of this By-law, and which
would not otherwise be permitted due to the size of the yard in
which it is located, or its setback from property lines, may be used
as permitted in the zone in which the structure is situated.
4.13.3 Non -conforming uses
Prior Existing Uses, land uses which were legally 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 the type
of use or the size of the use, as demonstrated through municipal.
records or through Statutory Declaration, are subject to the non-
conforming provisions of the Municipal Government Act, with the
exception that non -conforming uses may be recommenced, if
discontinued for a continuous period of less than twelve months.
4.14 Outdoor lighting
zone
More Information:
The Municipal
Government Act allows
uses which would
otherwise not be
permitted under this By-
law to continue, subject
to certain criteria.
For more information,
see sections 238-242 of
the Municipal
Government Act,
available from
www.nsle slature.ca
4.14.1 For uses requiring a development permit, all outdoor lighting shall be downcast
and have full horizontal cut-off so as not to cast directly upon an abutting property.
4.15 Outdoor wood furnaces
4.15.1 Outdoor wood furnaces shall be permitted, subject to development standards, in
all zones except the Single Unit Residential (SU) zone. Outdoor wood furnaces shall be
located a minimum of 22.5 m from any lot line and forty-five (45) m 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 five (5) m and shall be kept locked when
unattended.
4.16 Parking requirements
4.16.1 Where a development permit is required, the minimum requirement for on -site
parking shall be one space for every dwelling unit and one space for every fifty (50) m2
of non-residential floor area.
4.17 Places of Worship & Cemeteries
4.17.1 Places of worship and cemeteries shall be permitted in all zones with the
exception of the Business Park (BP), Kaizer Meadow Industrial (KI), Kaizer Meadow
(KM), Protected Watershed (PW) and Conservation (CS) zones.
4.18 Private storage
4.18.1 Where there is no other main building on the lot, private storage buildings shall
be permitted in any zone subject to-th ree-51,tea ard5 for vu, I to zone standards for
single unit dwellings (refer to Section 6.2).
4.19 Public Structures and Uses
4.19.1 Public utilities provided by the Municipa/itysuch as, but not
limited to, sewage treatment plants, pumping stations, water storage
reservoirs, and stormwatermanagement facilities shall be permitted in
any zone.
4.19.2 Public buildings, public uses and parks shall be permitted in any
zone.
4.20 Radio -communications facilities
More Information:
CRINS is the non-
governmental
organization that the
Municipality has
designated as the body
which carries out public
consultation regarding
radio -communications
facilities.
More information can
be found at
htt f/www.cri ns-
sinrc.ca/
4.23
4.20.1 Nothing in this By-law shall prevent the use of land for the installation of radio -
communications 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.
4.21 Salvage yards
4.21.1 Where permitted, salvage yards shall have an approved commercial highway
access from the appropriate Provincial or Municipal department. The area of a salvage
yard shall be screened to provide a visual barrier that is at least two (2) m in height.
4.22 Shipping containers
4.22.1 Shipping containers shall be permitted, subject to development
standards, in all zones except the Single Unit Residential (SU), and
Coastal Island (CI) zones and shall not be used for human habitation
unless converted in compliance with the Nova Scotia Bui/ding Code.
Ter r entals
Short --Term Rentals are subject to the dwelling standard of the zone
where the structure is situated,
4.2_3 Site Plan Approval
4.244.1 Where permitted in the zone, and in accordance with the provisions of the
Municipal Government Act, the Development Officer may issue a development permit,
upon approval of a site plan approval of moderate -density residential development, or a
commercial, institutional, recreational or industrial development, as indicated in zones
where such approval may be considered, in which the following requirements have been
addressed:
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) adequate emergency vehicle access;
c) adequate solid waste collection access;
d) approval by the authority having jurisdiction for access to any public street;
e) adequate on -site potable water supply for domestic use and fire suppression, such as not to
negatively impact existing abutting developments;
f) location of new buildings and additions to existing buildings within the permissible building
envelope, and no less than twenty (20) m from any watercourse, water body, or wetland;
g) location and design of on -site loading and parking areas to facilitate safe access between building(s)
and vehicle parking and maneuvering areas;
h) screening of parking areas and any outside storage areas from adjacent properties and from the
public street by a fence at least 1.2 m high or an equivalent combination of berms or landscaping;
i) location and design of walkways and any outside storage areas so as to facilitate building access, and
shall be surfaced with stable materials to prevent dust from blowing onto adjacent properties;
j) provision of a landscaped buffer consisting of a combination of trees, shrubs, plants and grass, or
retention in the form of existing vegetation, in the front yard, side yard and rear yard, exclusive of
parking, driveways and pedestrian walkways, a minimum of 25% of the total land area;
k) retention and incorporation of existing vegetation into the site landscaping, including the protection
of environmentally sensitive areas;
1) with regard to watercourses and water bodies:
(i) maintenance of a vegetated buffer of twenty (20) m in depth from the ordinary high-water
mark of a watercourse or water body;
(ii) retention, replanting and maintenance of the vegetated buffer, in tree cover and understory
vegetation to at least 75% of the linear water body frontage of the buffer, and not as a
maintained, mowed lawn;
(iii) allowance of a 3.5 m wide opening in the vegetated buffer for access to watercourses and
water bodies by means of docks, decks and pathways;
(iv) allowance of small accessory structures shall be permitted within the vegetative buffer so
identified.
m) indication on the site plan approval of all easements where applicable;
n) indication of measures including lot grading and the limitation of impermeable surfaces, such as
concrete and asphalt, to areas for access, parking, and pedestrian walkways so as to demonstrate
satisfactory stormwater drainage;
o) other than the minimum infilling required for construction of boathouses, slipways, wharves and
bridges, indication of adequate management of land levels within twenty (20) m of any watercourse,
water body, or the sea such that they are not altered by filling in of land greater that 0.3 m above the
natural ground surface;
p) provision of outdoor lighting fixtures with full horizontal cut-off such that direct illumination does
not extend beyond the lot lines of the development;
q) all buildings and all other structures, lawns, trees, shrubs, parking areas, lighting systems, and other
landscaping elements shall be maintained in a tidy, attractive and useable state free of unkempt
matter of any kind; and the development shall not generate emissions such as dust, radiation, odours,
liquids, or light to the air, water, or ground so as to create a recognized health or safety hazard or to
create a nuisance to the adjacent properties.
4.243.2 Notwithstanding site plan approval requirements, accessory structures under
fifty (50) m2 shall not require site plan approval but shall be approved by development
permit.
4.243.3 The applicant shall enter into a written undertaking to carry out the terms of the
site plan approval.
4.254 Stormwater Standard
4.254.1 Residential developments comprising 12 or more dwelling units; or a
commercial, institutional, light industrial or heavy industrial development with a gross
floor area over 1,000 m2 or occupying a land area over 6,000 m2 shall submit a storm
drainage plan, furnished by a qualified professional, namely an engineer, using
stormwater management best practices such that:
a) surface runoff from impermeable sufaces, and rooftop runoff from downspouts, shall drain across
permeable areas such as yards, vegetated areas or other permeable surfaces, utilizing rain gardens,
drainage swales or other stormwater control methods, before entering any watercourse, water body,
wetland, stormwater system, or drainage ditch;
b) peak post -development flows do not exceed pre -development flows for all major storms including
extreme weather events (1 in 20 -year storms).
4.2 Temporary structures
4.26§.1
4.26§.2
4.265.3
4.265.4
Temporary uses: special occasions
Nothing in this By-law shall prevent the use of land for the erection of temporary
structures or signs for a special occasion organized and operated by the Municipality, a
non-profit organization, or private household. Such use of land shall not require a
development permit.
Temporary structures: incidental to construction
A temporary structure incidental to construction of a main building, including but not
limited to a mobile site office, tool shed, scaffold, shipping container or temporary
shelter of goods, shall require a temporary development permit. The temporary structure
shall be removed no more than six (6) months from issuance of a temporary development
permit for said temporary structure.
Temporary structures: special occasions
A temporary structure for special occasions and holidays, including but not limited to
community or private celebrations, and commercial promotions, shall not require a
development permit, shall not be installed more than ten (10) days prior to the start of the
special occasion and shall be removed no more than ten (10) days following the
termination of the special occasion.
Temporary signs: special occasions
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 campaign
provided such uses are terminated and such signs are removed within seven days
following the election.
4.27 Variances
4.276.1 The Development Officer may grant variances of the required minimum or
maximum for:
a) the number of parking spaces;
b) the number of loading spaces;
c) percentage of land that may be built upon;
d) size or other requirements relating to yards;
e) lot frontage, lot area, or both lot frontage and lot area provided the lot existed on the effective date
of this By-law or a variance was granted for the for the lot at the time of subdivision approval;
f) the ground area and height of a structure;
g) the floor area occupied by a home -based business; and
h) the height and area of a sign.
4.276.2 In considering these variances, 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.
4.2* Vehicle Habitation & Storage
4.287.1 An automobile, truck, bus, coach, rail car, recreational vehicle or other vehicle,
or part thereof, with or without wheels, may be used for human habitation with no
requirement for a development permit unless listed in the zone standards.
4.287.2 Storage of a recreational vehicle is permitted on any lot, except as
noted within specific Zone Standards.
4.287.3 Notwithstanding 4.287.1 and 4.287.2, additional requirements related to the
habitation and storage of vehicles are detailed in the zone standards where applicable.
4.287.4 Section 4.287 shall not apply to recreational vehicles in campgrounds and RV
parks.
4.2 Watercourses, Water Bodies, and Wetlands
4.298.1 Lakefront Overlay
a) any developments on a lot subject try the a t v r rle Lakefront Overlay
(Schedule "B") shall require a development permit;
b) main buildings are not permitted within the arca covered by the Lakefront Overlay. For greater
clarity this covers lands within twenty (20) m of the ordinary high water mark of any water body
identified on Schedule "B";
c) Small accessory structures, fire -fighting impoundments and structures related to water systems shall
be permitted with the Lakefront Overlay subject to the provisions of this By -Law;
d) Impermeable surfaces within the Lakefront Overlay shall not exceed 25% of the total
lakefront overlay arca of the lot area -of the-/-6,-/-including buildings and hard -surface landscaping.
4.298.2 Watercourses, Water Bodies, and Wetlands
a) all uses requiring a development permit shall place all buildings at least twenty (20) m from the
ordinary high-water mark of any wetland, watercourse or water body;
b) setback and minimum yard requirements shall not apply to fire -fighting impoundments, small
accessory structures and structures related to water systems, or where otherwise permitted in this
By-law.
c) if a property owner disagrees with the location of a watercourse, water body or wetland as shown on
the Nova Scotia 1:10,000 topographic database, a professional assessment may be submitted by the
property owner or their representative proving that the boundaries of a watercourse, water body or
wetland have changed or that no water feature is present. In such circumstances, the setbacks, if
applicable, being in accordance with the Professional assessment.
4. Wharves, slipways and docks
6.4 Settlement Residential Two Zone
6.4.1 Permitted Uses and Developments
The following uses are permitted in the Settlement Residential Two (SR -2) zone subject
to the specified approval process and standards:
Max.
Approval Min. Front Min. Side Min. Rear Height of
Process Yard Yard Yard Structure
Abbreviations:
DP = Development
Permit
SP = Site Plan Approval
DA = Development
Agreement
Residential
1 - 2 dwelling units on a
lot
...............................................................................................................
3 - 11 dwelling units on
a lot
. ................................................................................................................
12 or more dwelling
units on a lot
...................................................................................................................
Land Lease Communities
DP
SP
DA
.............
DA
1.5m 1.5m 1.5m 11m
31- m
m 34-5m 11m
Commercial /
Institutional
Golf Courses
.........................................................................................................................
Marinas
Tourist Accommodations
up to 20 units
Carnppunds an_ RV
Parks up to 10sites/units
Any other commercial or
institutional use or
combination of uses not
listed in section 6.4.2
with a gross floor area
less than 100 m2 or
which occupies a land
area less than 500 m2,
whichever is lesser
Any other commercial or
institutional use or
combination of uses not
listed in Section 6.4.3
with a gross floor area
between 100 m2 and 500
m2 or which occupies a
land area between 500
m2 and 2000 m2,
whichever is lesser
DA
DP
DP
1.5 m
10m
none
11 m
7.5 m 7.5 m 7.5 m 11 m
DP 1.5m 3m 3m 11m
SP 1.5m 3m 3m 11 m
Light Industrial
Max.
Approval Min. Front Min. Side Min. Rear Height of
Process Yard Yard Yard Structure
Any other light industrial
development or
combination of
developments not listed
in Section 6.4.2 with a DP 7 m 7 m 7 m 11 m
gross floor area less than
100 m2 or which
occupies a /and area less
than 500 m2, whichever is
lesser
Any other light industrial
development or
combination of
developments not listed
in Section 6.4.2 between
100 m2 and 500 m2 of SP 7 m 7 m 7 m 11 m
gross floor area or which
occupies a land area
between 500 m2 and
2000 m2, whichever is
lesser
Research Facility DP 1.5 m 3 m 3 m 11 m
Other
Outdoor Cannabis
Production Facilities
ForestryProcessin9........................................._DP.._..._......_..................5....m 5 m 5 m 11m
Waterfront Parks not
owned by the
Municipality
Permitted subject to the provisions of section 4.4
DA
6.5 Mixed -Use Zone
Abbreviations:
DP = Development
Permit
SP = Site Plan Approval
DA = Development
Agreement
6.5.1 Permitted Uses and Developments
The following uses are permitted in the Mixcd Us
approval process and standards:
U) Zone subject to the specified
Max.
Approval Min. Front Min. Side Min. Rear Height of
Process Yard Yard Yard Structure
Residential
1 - 4 dwelling units on a
lot
..................................................................................................................
5 - 11 dwelling units on
a lot
....................................................................................................................
12 or more dwelling
units on a lot
......... .......................................................................................................
Land lease communities
DP 1.5 m 1.5 m 1.5 m none
SP
DA
DA
3m
3m
3 m none
Commercial /
Institutional
Campgrounds and RV
Parks up to 20 sites
Campgrounds and RV
Parks or: than 21 sites DA
or more
Golf Courses
Marinas
Tourist Accommodations
up to 20 units
... .. ........................................................................................................
Tourist Accommodations
20-50 units
....................................................................................................................
Tourist Accommodations
more than 50 units
Recycling Depots
Any other
commercial/institutional
development or
combination of
developments with gross
floor area up to 2000 m2
or which occupies a land
area up to 6000 m2,
whichever is lesser
DA
DP
DP 10 m 10 m 10 m none
5 m 5 m none none
DP 7.5 m 7.5 m 7.5 m none
SP 7.5 m 7.5 m 7.5 m none
DA
DP
5m
5m
5.m
none
DP 5 m 5 m 5 m none
Max.
Approval Min. Front Min. Side Min. Rear Height of
Process Yard Yard Yard Structure
Any other
commercial/institutional
development with gross
floor area greater than
2000 m2 or which
occupies a land area
greater than 6000 m2,
whichever is lesser
DA
Light Industrial
Abattoirs less than 2500
m2
.........................................................................................................
Aggregate processing
Aquacu/ture, including
inland fish farms a n d
hatcheries
.........................................................................................................
Indoor Cannabis
Production Facilities
. .....................................................................................................
Salvage yards less than
2500 m2
.........................................................................................................
Any other light industrial
development or
combination of
developments with gross
floor area up to 2000 m2
or which occupies a land
area up to 6000 m2,
whichever is lesser
....................................................................................................................
Any other light industrial
development or
combination of
developments with gross
floor area greater than DA
2000 m2 or which
occupies a land area
greater than 6000 m2,
whichever is lesser
SP 10 m 10 m 10 m none
Permitted subject to the provisions of section 4.2
DA
DP
SP 10 m 10 m 10 m none
5m 5m
5 m none
DP 5 m 5 m 5 m none
Other
Outdoor Cannabis
Production Facilities
Permitted subject to the provisions of section 4.4
Forestry Processing DP 5 m 5 m 5 m 11m
Waterfront Parks not
owned by the
Municipality
P Y
DA
Abbreviations:
DP = Development
Permit
SP = Site Plan Approval
DA = Development
Agreement
9.4 Lakeside Zone
9.4.1 Lakeside Zone
In addition to the underlying zone requirements, the Lakefront
over/aycriteria shall apply to all development.
9.4.2 Permitted Uses and Developments
The following uses are permitted in the Lakeside (LS) zone
subject to the specific approval process and standards:
Max.
Approval Min. Front Min. Side Min. Rear Height of
Process Yard Yard Yard Structure
Residential
1-2 dwelling units on a
lot
DP 3 m
3m 3m
11 m
Home -based Business
Other
DP Subject to section 9.4.6
Forestry Processing DP
Farm Animals
Sherbrooke Lake United
Church Camp (P/D 60113842)
Waterfront Parks not
owned by the
DA
Municipality
DP
DP
5m
Subject to section 9.4.7
Subject to section 9.4.8
5m
5m
11m
9.4.3 Prohibited Uses and Developments
The following uses and developments are prohibited
in the Lakeside (LS) zone.
a) all light and heavy industrial uses;
b) commercial uses.
9.4.4 Special Requirement: Vegetated Buffers
Within the Lakeside (LS) zone a vegetated buffer area is
required to lessen the impact of surface and subsurface
runoff on water quality. Vegetated buffers reduce
sedimentation and help protect property from erosion.
ESTER
SCHEDULE B
PROPOSED VILLAGE LAND USE BY-LAW
HOUSEKEEPING AMENDMENTS
Municipality of the District of Chester
Community Development Department
Amendments to the Chester Village Land Use By-law
Be it enacted by the Council of the Municipality of Chester as follows:
1) Amendments to Section 3.4 Interpretation of Zone Boundaries, to add wording to address the
adoption of revised maps from time to time as the province updates data;
2) Amendments to Section 4.5 Waivers and Exemptions, to add language explaining that certain
By-laws are exempt from LUB provisions, including but not limited to: Outdoor Dining By -Law
#153, Trade and Licensing By -Law #11.
Underlined text is added. strikethrough text is deleted.
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;
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;
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".
laps shown in Schedule "A" are revised from time to time
accurate information when property data is undated by tl vi
0
-oved data or
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;
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 pei witted
in any zone subject to the zone standards for yards.
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
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
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
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 pc,mit, 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:
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.
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
water tanks, flagpoles, telecommunications towers or chimneys.
4.5.13 Small Scale Business Uses Permitted
y
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;
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
0 Studios for the practice or instruction of fine arts or crafts
g) Repair Shops
h) Residential Day Care Centres
i) Taxicab Operations
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;
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.
(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 arca, loading arca 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;
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.
4.5.17 Exemptions
By Laws that are exempt from Laaad Use By -Law provisions included hut not limited to: Outdoor
Dining By-Liw #153, Trade and Licensing By -Law #11.
Sunday
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JULY 2023
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AUGUST 2023 Proposed
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CLOSED –
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Committee
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COUNCIL
District Grants 2023-2024
Updated May 30, 2023
Requested Approved Date Approved
FHCS Prom Committee 300.00$ 300.00$ April 27, 2023
TOTAL FUNDS APPROVED 300.00$
TOTAL FUNDS REMAINING 9,700.00$
FHCS Prom Committee 300.00$ 300.00$ April 27, 2023
Hubbards & Area Business Association: Community Garden 1,000.00$
TOTAL FUNDS APPROVED 300.00$
TOTAL FUNDS REMAINING 9,700.00$
Chester Playhouse Society: Reopening Celebrations 2,000.00$
FHCS Prom Committee 300.00$ 300.00$ April 27, 2023
TOTAL FUNDS APPROVED 300.00$
TOTAL FUNDS REMAINING 9,700.00$
FHCS Prom Committee 300.00$ 300.00$ April 27, 2023
TOTAL FUNDS APPROVED 300.00$
TOTAL FUNDS REMAINING 9,700.00$
FHCS Prom Committee 300.00$ 300.00$ April 27, 2023
Royal Canadian Legion, Western Shore: 4 special events 2,500.00$ 1,850.00$ May 18, 2023
TOTAL FUNDS APPROVED 2,150.00$
TOTAL FUNDS REMAINING 7,850.00$
Forties Community Centre: Oktoberfest 500.00$ 500.00$ Apirl 13, 2023
FHCS Prom Committee 300.00$ 300.00$ April 27, 2023
TOTAL FUNDS APPROVED 800.00$
TOTAL FUNDS REMAINING 9,200.00$
FHCS Prom Committee 300.00$ 300.00$ April 27, 2023
District 7
TOTAL FUNDS APPROVED 300.00$
TOTAL FUNDS REMAINING 9,700.00$
Total Funds Approved 4,450.00$
District Grant Budget 2023-2024 70,000.00$
Remaining Funds 65,550.00$
District 6
District 1
District 2
District 3
District 4
District 5
Page 1 of 2
MUNICIPALITY OF THE DISTRICT OF CHESTER
~ DISTRICT GRANT APPLICATION ~
Deadline to Apply: No deadline
Name of Organization
Contact Person
Position with Organization
Organization Mailing Address
Phone:
Cell:
Email:
Date:
Signature of Signing Officer and position with Organization:
Name: Position:
Endorsement (check box) I declare I am a member of the organization and have authority to submit this application.
AMOUNT REQUESTED: $ MUNICIPAL DISTRICT #
1) Please provide a brief description of your project or event.
Note: Feel free to attach additional supporting documents if the space provided is not sufficient.
Page 2 of 2
2) How do you plan on spending your District grant funds?
3) Please describe the positive effects your project will have on the community and how it
supports the Municipal Strategic Priorities Framework (to view the Priorities document click
the attached link or copy and paste it in your browser .)
https://portal.laserfiche.ca/Portal/DocView.aspx?id=1236847&repo=r -0001f4a08362 or
Google ‘Municipality of Chester Strategic Priorities’.
Yes No If No, please submit your Final Report as soon as possible.
_______________________________________________________________________________________
5) Who should the cheque be made payable to and what address should we send it to if different
from Page 1?
Please email a pdf version of your application to : recreation@chester.ca
OR mail a hard copy to:
Recreation & Parks Services
Municipality of the District of Chester
186 Central Street, PO Box 369
Chester NS B0J 1J0 *If you have any questions, please call us at 902-275-3490.
4) If you have previously received any grants from the Municipality, have you submitted the Final Report?
REQUEST FOR DECISION
Prepared By: Bruce Blackwood Date May 23, 2023
Reviewed By: Erin Lowe, Deputy CAO Date May 23, 2023
Authorized By: Tara Maguire, CAO Date May 23, 2023
CURRENT SITUATION
Policy P-112, Fire Advisory Committee Terms of Reference, was approved by Council as of
February 23, 2023. Policy P-112 was distributed to all Fire Departments, 6 Fire Commissions and
the Village Commission. An initial request for the names and contact information for the
designated FAC membership was sent out on February 1 st with follow ups on March 27 th and
May 1 st, 2023.
We have now received the names of the FAC voting membership from all fire service
organizations.
In the interim period, Council appointed Councilors Floyd Shatford and Tina Conners as t he
Council representatives on the FAC. (Motion of April 27 (2023-230) from the Nominating
Committee Motion (2023-216) of April 20)
Policy P-112 requires that this list of members be approved by Council.
RECOMMENDATION
In accordance with Policy P-112, Fire Advisory Committee Terms of Reference, it is recommended
Council approve the initial list of FAC membership as submitted by the MOC fire service
organizations.
BACKGROUND
The Fire Advisory Committee was originally established in 1996 as Committee of Council and
served as forum for the fire services to discuss issues with the Municipality and make
recommendations. Full background on the Fire Advisory Committee was provided in COW of
REPORT TO: Municipal Council
SUBMITTED BY: Bruce Blackwood, Fire Services
Coordinator
DATE: May 23, 2023
SUBJECT: Fire Advisory Committee Membership
ORIGIN: Fire Services
2 Request For Decision
October 20, 2022. In summary, in August 2015 the MOC received notice that several of the
Commissions and Fire Departments wished to withdraw representation on the Fire Advisory
Committee. The FAC as outlined did not reconvene and Council repealed Policy P66 Fire Advisory
Committee Terms of Reference in Motion 2021-055 of January 28, 2021.
After consultation with the MOC fire services, revised Terms of Reference for a new FAC, Policy
P-112, was approved by Council as of February 23, 2023.
D ISCUSSION
The Municipality of the District of Chester (MOC) Fire Advisory Committee (FAC) is a Committee
of Council of the Municipality of Chester, appointed by Council, to review, advise and recommend
upon issues pertaining to the development and maintenance of cost -effective fire and
emergency response services meeting the needs of the citizens of the Municipality.
IMPLICATIONS
Policy
Policy P112 Fire Advisory Terms of Reference (February 13, 2023)
Financial/Budgetary
N/A
Environmental
N/A
Strategic Plan
Reference to:
• Maintain a high level of fiscal responsibility
• Continually improve public satisfaction with municipal services
Work Program Implications
Covered in work program of Fire Services Coordinator.
OPTIONS
1. In accordance with P-112, approve the FAC membership list as submitted (May 2023) by the fire
service organizations within MOC.
2. Direct staff to seek revisions to the membership list.
A TTACHMENTS
FAC Membership list as of May 2023
COMMUNICATIONS (INTERNAL/EXTERNAL)
N/A
FAC Membership May 2023
District Organization Voting Member Designated Alternate
District 1 (Blandford) District 1 Commission Chuck Bennett (Chairperson) Ted Duchene (Vice Chairperson)
Blandford Fire Rescue Chief Mike Schnare (Chief) Chris Turpin (Deputy Chief)
District 2 (Hubbards) District 2 Commission Tina Schwartz (Chairperson) Joan Kaizer (Vice Chairperson)
Hubbards FD Clary Coolen (Chief) Mitchell Kaizer (Deputy Chief)
District 4 (Chester Basin) District 4 Commission Len Stevens (Chairperson) Cliff McKinnon (Treasurer)
Chester Basin FD Doug Rines (Chief) Blake Rafuse (Deputy Chief)
District 6 (New Ross) District 6 Commission Dale Broome (Commissioner) Cameron Broome (Secretary)
New Ross FD Lyle Russell (Chief) Bryce Russell
District 5 (Western Shore) District 5 Commission Lawrence Sawler (Chairperson) Carolyn Wells (Secretary)
Western Shore FD Jared Swinemar (Chief) Jeff Young (Deputy Chief)
District 5 (Martins River) Martins River Commission Stuart Hirtle (past Chief) TBA
Martins River FD Scott Rafuse (Chief) Dana Hirtle (Captain)
District 3,7 and 1 (Chester) Chester Advisory Committee Colin Macdonald (Appointed) Norman Countway (Appointed)
Chester FD Jon Waddell (Captain) Cody Stevens (Chief)
MOC Councilors Floyd Shatford
Tina Conners
REQUEST FOR DIRECTION
REPORT TO: Municipal Council
MEETING DATE: June 8, 2023
DEPARTMENT: Community Development & Recreation
SUBJECT: Front Habour Property
ORIGIN: Council Direction
Date: May 31, 2023 Prepared by: Chad Haughn, Director CD&R
Date: June 2, 2023 Authorized by: Tara Maguire, CAO
RECOMMENDED MOTION/ACTION
It is recommended that Council review the information related to PID 60395951 and determine if there is any
Municipal interest in the property.
CURRENT SITUATION
PID 60395951, located on Nauss Point Road in the Village of Chester, is listed in the Property Online database as
“Owner Unknown”. There is a footpath on this property that has been used by some local residents overtime to
access the water. More recently, a neighbor has reportedly been using the property for personal use.
BACKGROUND
The recent use of the Owner Unknown property has been the cause concern by some neighbors. Following is a
list of properties that are primarily impacted by this situation:
31 Nauss Point Road, PID 60092251
Owners of the property / house across the road from the Owner Unknown property and have used the
water access point and they are interested in the continuation of that access to the water.
32 Nauss Point Road, PID 60395944 (Wharf)
A new wharf was recently built on this property. The wharf is surrounded by the Owner Unknown
property.
35 Nauss Point Road, PID 60092236 (Home) & 60385341 (Wharf)
Complaint December 2022: concerns related to how the Owner Unknown property was being used by
neighbour.
30 Nauss Point Road, PID 60092004
Adjacent property on the north side of the Owner Unknown property.
36 Nauss Point Road, PID 60091923 & 60637998
Adjacent property on the south side of the Owner Unknown property.
R e q u e s t f o r D i r e c t i o n P a g e | 2
DISCUSSION
The property highlighted in yellow on the map below is the Owner Unknown property and the photo shows the
path to the water as well as the new wharf (32 Nauss Point Road) on the left of the path.
R e q u e s t f o r D i r e c t i o n P a g e | 3
Currently, the Municipality has no connection to this property. The Department of Finance has reported that
taxes are not being paid on this property. It recently was assigned an Assessment Account Number and
assessed (triggered by a public inquiry) but is not yet ready for tax sale. When it goes up for tax sale, the
Municipality is required to provide DNRR with 120 days notice.
If the Municipality felt that there is enough evidence proving that this location has acted as a public access point
to the water, consideration could be given to acquiring the property so that this activity can continue into the
future. Given the location, size of the property and the neighboring wharf, it is unlikely that much could be done
with the property other than modest improvements to the site. There is no physical space for parking or any
significant infrastructure.
OPTIONS
1. Take no action. Property owners to resolve any civil issues as appropriate.
2. Seek legal opinion on option to acquire the property for public use (i.e. expropriation).
3. Request additional information from staff or solicitor.
IMPLICATIONS
By-Law/Policy
NA
Financial/budgetary
There is no financial impact unless Council decides to get involve with an option such as expropriation. At the
time of decision, cost estimates can be provided.
Environmental
NA
Strategic Priorities
If Council chooses to become involved with this property it could assist the Municipality in advancing the
following Priority Outcomes of the 2021-24 Strategic Priorities Framework:
Priority Outcomes: Economic Development
1. Position the Municipality as Nova Scotia’s south shore community of choice for residents, businesses,
and organizations, and as an international tourism destination.
Priority Outcomes: Healthy & Vibrant Communities
1. Ensure residents have access to facilities, natural assets, programs, and services that enrich a quality of
life and provide safe communities for residents and visitors alike.
Work Program Implications
Any further work on this property is not part of current staff workplans.
Has Legal review been completed? ___ Yes _X _ No __ N/A
COMMUNICATIONS (INTERNAL/EXTERNAL)
NA
REQUEST FOR DIRECTION
REPORT TO: Council
MEETING DATE: June 8, 2023
DEPARTMENT: Community Development & Recreation
SUBJECT: Building Official Vacancy
ORIGIN: Building Official Staff
Date: May 31, 2023 Prepared by: Chad Haughn, Director of CD&R
Date: June 2, 2023 Authorized by: Tara Maguire, CAO
RECOMMENDED MOTION/ACTION
It is recommended that Council review the Building Official position vacancy and provide direction on next steps
to fill the position.
CURRENT SITUATION
The Building Official Level 1 position is currently vacant and despite job advertising, there has been no progress
made after four months to fill the position. A few resumes have been submitted, however, none of the
applicants were qualified building officials.
BACKGROUND
In December 2022, Council made the decision to not participate in the regional shared services model for
building and fire inspection. As part of that decision, it was recognized that the Municipality needed to have an
appropriate compliment of staff for continuity of service. At that time, it was decided that the level of staff
required for building inspection services include a Building Official Level 2, Building Official Level 1, and a
Building Official Trainee.
The Building Official Level 2 and the Trainee positions are both filled; however, we have not been successful in
filling the Building Official Level 1 vacancy.
Position Staff Notes
1 Building Official Level 2 Brent Haase Anticipated to retire in 3 – 5 years.
1 Building Official Level 1 Vacant Some part-time coverage being completed by
Jim Holt (7-14 hours per week).
1 Building Official Trainee Jared Stevens
1 course completed to date.
Expected to have Intern Status by October
2023. Residential qualification is anticipated by
March 2024 and Level 1 by the end of 2024.
It is anticipated that Brent will retire in the next 3 – 5 years. Since we are required to have a Level 2 Official on
staff, it is expected that the Building Official Level 1 and/or the Trainee will upgrade their qualifications and
become a Building Official Level 2 over time.
R e q u e s t f o r D i r e c t i o n P a g e | 2
The progression of building official training for someone that has no training is as follows:
*See attached summary of qualification requirements from the Nova Scotia Building Officials Association.
DISCUSSION
Building Official Trainee
The Building Official Level 1 and Trainee positions were both advertised in January 2023 (social media,
newspaper, municipal listserv, NSBOA). There was a significant amount of interest and Trainee position was
successfully filled with internal candidate Jared Stevens. As outlined above, it is going to take Jared
approximately two years to become a qualified Level 1 Building Official based on when courses are offered and
the time it takes to achieve all the requirements of the training.
Building Official Level 1
Since January 2023, several applications were received for the Building Official Level 1 position, however, none
of the applicants had Building Official qualifications. The vacancy has remained open since January and staff are
not confident that the position will be filled any time soon.
One alternative is to hire a second Trainee and start them on the path towards obtaining their Level 1
qualification. This option is not ideal as it will take approximately two years (if the applicant does not have any
qualifications) for the individual to become qualified and does not allow for immediate assistance with
inspections.
A second alternative is to hire a human resource recruiting firm to try some targeted recruiting. If recruitment
takes place outside of Nova Scotia, there are requirements to become certified in Nova Scotia so there would be
some delay before the individual would be qualified. It is costly to hire a recruiting firm with typical costs about
20% of the salary for the position to be filled.
OPTIONS
1. Status Quo, operate with the existing staff and continue to try and fill the Building Official Level 1
position.
2. Hire a second Trainee and support them to become a qualified Building Official.
3. Hire a human resource recruiting firm to try and attract a qualified applicant.
4. Request additional information from staff.
IMPLICATIONS
By-Law/Policy
NA
Financial/budgetary
All of the Building Official positions mentioned in this report have been included in the 2023-24 operating
budget. The hiring of a recruiting firm is not part of the budget.
Intern Program Residential Qualification Level 1 Qualification Level 2 Qualification
R e q u e s t f o r D i r e c t i o n P a g e | 3
Environmental
NA
Strategic Priorities
The recruitment of Building Officials will assist the Municipality in advancing the following Priority Outcomes of
the 2021-24 Strategic Priorities Framework:
Priority Outcomes: Economic Development
1. Partner in the development of infrastructure and opportunities for business development and
attraction.
2. Position the Municipality as Nova Scotia’s south shore community of choice for residents, businesses,
and organizations, and as an international tourism destination.
Priority Outcomes: Governance & Engagement
1. Ensure municipal service delivery is efficient and effective, communicated and accessible.
Work Program Implications
Any changes to the recruitment for the Building Official position will be implemented as soon as possible. Hiring
staff takes a significant amount of time for each position – updating job descriptions, advertising, shortlisting,
interviewing, reference checks, hiring paperwork and onboarding.
Has Legal review been completed? ___ Yes _X _ No __ N/A
COMMUNICATIONS (INTERNAL/EXTERNAL)
Position vacancies will be advertised through the usual avenues.
ATTACHMENTS
1. NSBOA Building Official Qualification Requirements Summary.
Outline of the NSBOA Professional Studies Program
**not to be repeated if completed intern program
October 2022
Intern Program
Residential Qualification Level 1 Qualification Level 2 Qualification
Prerequisites
2 years post secondary
education or
equivalent.
Associate Member of
NSBOA.
2 years post secondary
education or equivalent.
Trade Certification,
equivalent experience or
completed the Intern
Program.
Regular Member of NSBOA
in good standing.
Residential Qualification.
Completed 120 inspections
as a Residential Building
Official.
Regular Member of NSBOA
in good standing.
Level 1 Qualification.
Completed 120 inspections
as Level 1 Building Official.
Regular Member of NSBOA
in good standing.
Required
Training
Courses
Communications
Legal
Small Buildings
Plumbing the House
Communications**
Legal**
Small Buildings**
Plumbing the House**
Part 9 Plans Examination
The House
NS Barrier Free
HVAC the House
NSBOA 9.36
Part 3 - Health & Safety GB
Part 3 - Complex Buildings
Part 3 - Large Buildings ACBOA
Part 3 – Plans Examination
Field Training
Must complete 120
field inspections under
the mentorship of a
Level 1 or 2
Building Official.
Must complete 120
Residential field inspections
under the mentorship of a
Level 1 or 2
Building Official.
Must complete 120 Level 1
field inspections under the
mentorship of a Level 1 or
2 Building Official.
Must complete 120 Level 2
field inspections under the
mentorship of a Level 2
Building Official.
Scope of
Practice upon
Completion
Field inspections on
NSBC Part 9 Group C
single storey accessory
buildings and single
storey decks only.
May accept building
permit applications for
intake.
Field inspections of 1- & 2-
Unit Group C buildings,
their accessory buildings,
and decks covered under
NSBC Part 9.
Plans examinations & field
inspections on:
All Part 9 NSBC buildings.
Group A, Div. 1,2,3,4, and
Group F, Div. 1 in a building
not more than 200m2 in
building area and not more
than 1 storey in building
height.
Plans examinations & field
inspections on all buildings
covered by the NSBC.
May take any course
from
Residential
Qualification
May take any course from
Level 1 Program
May take any course from
Level 2 Program
Level 2 Certification
2 years working as a Level 2
Building Official.
Must have completed a
minimum of 120 field
inspections.
REQUEST FOR DECISION
REPORT TO: Council
MEETING DATE: June 8, 2023
DEPARTMENT: Infrastructure and Operations
SUBJECT: Award AT Sidewalk Construction – Phase 1
ORIGIN: Modal Shift and New Connections 2020-2027
Date: May 30, 2023 Prepared by: Tammie Bezanson, CET
Date: May 31, 2023 Reviewed by: Fred Whynot, P. Eng., Director of Public Works
Date: June 2, 2023 Authorized by: Tara Maguire, CAO
RECOMMENDED MOTION
That council award the tender for the construction of four sidewalks which are part of our Modal Shift and New
Connections group of projects to Dexter Construction Company Limited in the amount of $2,904,469.39.
CURRENT SITUATION
The Department of Infrastructure and Operations issued a tender for construction for four (4) sidewalks
identified in the Model Shift and New Connections Report. The sidewalks are:
1. Hubbards – Hwy 329 to trail – 60m
2. Chester Basin – Hwy 3 to Trail Head – 370m
3. Chester – Duke St. to Victoria St – 660m
4. Chester – Our Health Centre to Pig Loop Road – 160m
BACKGROUND
The initial project list of sidewalks was approved by Council on September 3, 2020. Council also incorporated
those projects into the 5-year Capital Improvement Plan that was approved in December 2020. This tender
covers the first four (4) of a planned eleven (11) sidewalks.
DISCUSSION
I & O issued a tender for construction of the first four (4) sidewalks on May 5th, 2023, closing on May 26th, 2023.
Dexter Construction Company Limited was the only submission, with a tender price of $2,904,469.39 which
includes our portion of HST. The tender was reviewed for compliance with the final price remaining as stated
above. This tender is over budget. The following estimated numbers include our portion of HST.
Construction Budget: $2,106,194.00
Engineering: $146,000.00
Tender Submission: $2,904,469.39
Total Estimated Construction Budget: $3,050,469.39
Overage: $944,275.39
In consultation with the consultant, similar tenders are coming in above projected costs. Supply chains and staff
limitations are some of the expected reasons. This overage would be covered through the ICIP program. The
resulting funding shortfall for remaining projects would be funded through other streams, subject to Council
R e q u e s t f o r D e c i s i o n P a g e | 2
approval. Staff would also negotiate with the contractor prior to signing the contract to see if there would be
potential cost savings without compromising the intent of the project, an ability we retain as part of the tender.
OPTIONS
Option A – Direct Staff to award the contract to Dexter Construction Company Limited for $2,904,469.39.
Option B – Direct back to staff for further information.
IMPLICATIONS
By-Law/Policy
Not Applicable
Financial/budgetary
These four sidewalk projects are included in the 23/24 capital budget (approved March 23, 2023), with a
combined budget amount of $2,106,194. This was based on an the ICIP funding updates that were approved by
council on Feb 9, which assumed $75K of spending in 22/23. The actual 22/23 spend was $62K. However, as the
$13K isn’t sufficient to cover the overages, the full incremental budget is recommended to be approved now,
with these projects being removed from the carryforward approval coming later.
Environmental
Not Applicable
Strategic Priorities
The design and future construction will assist the Municipality in advancing the following Priority Outcomes of
the 2021-24 Strategic Priorities Framework:
Priority Outcomes: Healthy & Vibrant Communities
1. Ensure residents have access to facilities, natural assets, programs, and services that enrich a quality of
life and provide safe communities for residents and visitors alike.
2. Develop an accessibility, diversity, and equity lens for municipal plans and services, and support partners
in advancing accessible and inclusive communities.
Priority Outcomes: Infrastructure & Service Delivery
1. Develop and implement evidence-based plans for future infrastructure and service needs, along with
related funding models, to accommodate sustainable growth and levels of service.
2. Create efficiencies through innovative service delivery, and proactive maintenance and operations of
existing infrastructure.
3. Plan for and create infrastructure that improves the connectivity of roads, multi-use trails, natural
assets, and facilities as part of an active transportation network.
Has Legal review been completed? ___ Yes _ _ No _X_ N/A
COMMUNICATIONS (INTERNAL/EXTERNAL)
No communication needs are anticipated at this stage of the project.
R e q u e s t f o r D e c i s i o n P a g e | 3
ATTACHMENTS
n/a