HomeMy Public PortalAbout2023-07-06_Housekeeping Amendments_PH Package.pdfMUNICIPALITY OF THE
DISTRICT OF CHESTER
TIIL MUNICIPALITY OV
CHESTER AGENDA
PUBLIC HEARING
Consideration of list of housekeeping amendments to the Municipal & Village Land Use By -Laws
July 06, 2023, 8:45 a.m.
Municipal Council Chambers, 151 King Street, Chester
1. CALL TO ORDER (CHAIR)
a. The Agenda
b. General Rules of Conduct
c. Council's decision governed by Chester Municipal Planning Strategy
2. COMMENTS BY MUNICIPAL SOLICITOR
3. OVERVIEW BY PLANNER
a. Nature of housekeeping amendments
b. Summary of Advertisements and Meetings related to the amendments
c. Recommendations
i. Adopting amendments & updating plans
4. COMMENTS BY THE PUBLIC ON THE PROPOSAL
5. CLOSING REMARKS (CHAIR)
6. DECISION OF COUNCIL / DEFERMENT OF DECISION
THE MUNICIPALITY OF
CHESTER
MUNICIPALITY OF THE
DISTRICT OF CHESTER
PUBLIC HEARING REPORT
REPORT TO: Municipal Council
SUBMITTED BY: Emily Statton Planner
DATE: 06 July 2023
SUBJECT: 2022-368 - give direction to 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 outlined in the
Request for Direction prepared August 21, 2022 "Municipal Land Use By -Law
and Village Land Use By -Law Amendments" and schedule a date for a Public
Information Meeting." ALL IN FAVOUR. MOTION CARRIED.
2023-286 HOUSEKEEPING AMENDMENTS TO MUNICIPAL AND VILLAGE LUBS
MOVED by Councillor Wells, SECONDED by Councillor Assaff that Council Give Notice of First
Reading to the amended list of housekeeping amendments to the Municipal Land Use By-law
and Village Land Use By -Law and schedule a hearing for July 6, 2023:
Municipal Land Use By -Law
a) MLUB Section 3.2— revise wording to address the adoption of revised maps;
b) 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
Bylaw
153;
c)MLUB Section 4.18.1 — use single unit dwelling setbacks as the standard for private
storage;
d) 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;
e) 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;
f) MLUB Section 6.S.1 — revise language for larger campgrounds and RV parks to "21 or
more sites";
h) 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
i) VLUB Section 3.4 — revise wording to address the adoption of revised maps;
j) 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
ALL IN FAVOUR. MOTION CARRIED.
A) DETAILS OF HOUSEKEEPING AMENDMENTS
Request from: Staff identifying a list of housekeeping amendments to the Municipal & Village Land Use By -Law.
Council discussed the request at a Committee of the Whole meeting held September 15, 2022, and directed staff to
prepare the draft amendments and related staff report.
Request date: September 15, 2022 per the date of the initial staff report.
Nature of amendments:
Be it enacted by the Council of the Municipality of Chester as Follows:
Amend the Municipal & Village Land Use By -Laws to reflect the housekeeping amendments.
Purpose of amendments:
The Municipal Planning Strategy was implemented as a living document. This list of amendments is intended to
improve the clarity and administration of both documents.
B) MEETING DATES
15 September 2022 — Request to Council from staff considered. Staff report presented preliminary
details of the amendments and requested direction from Council to proceed with draft amendments &
related staff report.
05 October 2022 — Public Information Meeting held in Council Chambers (151 King Street, Chester)
08 November 2022 — Village Planning Advisory Committee Meeting held
16 November 2022 — Municipal Planning Advisory Committee Meeting held
08 June 2023 — Council considered the staff report, MPAC & VPAC recommendation, and gave 11t
Reading to the draft amendments
06 July 2023 — Public Hearing held
C) DOCUMENTATION Reports:
15 September 2022- Staff Report: RFD Housekeeping Amendments to Municipal & Village LUB
08 & 16 November 2022 — Staff Report: Planning Advisory Committees
08 June 2023 — Staff Report: Updated for Council 11t Reading
06 July 2023 — Report prepared for Public Hearing
Advertisements (Progress Bulletin):
28 September 2022: Notice of Public Information Meeting
02 November 2022: Notice of Village Planning Advisory Committee Meeting
09 November 2022: Notice of Municipal Planning Advisory Committee Meeting
21 June 2023: Notice of Public Hearing (1st Notice)
28 June 2023: Notice of Public Hearing (2nd Notice)
Other notifications:
21 June 2023 — Notice of Public Hearing mailed to:
o Municipality of the District of Lunenburg
o Municipality of Kings
Copies of all Progress Bulletin Advertisements posted on Municipal Website and Municipal Office
doors
Social Media postings
Fees paid: No fee required as amendments were initiated by staff/council.
D) WRITTEN SUBMISSIONS RECEIVED
REQUEST FOR DECISION
REPORT TO: Council
MEETING DATE: 2023-06-08AO*.
THE MUNICIPALITY OF
DEPARTMENT: Planning & Development
CHESTER
SUBJECT: MLUB and VLUB Amendments
ORIGIN: Staff: LUB as living document
Date: November 02, 2022 (updated June 22, 2023) Prepared by: Emily Statton, Planner
Date: November 02, 2022 Reviewed by: Garth Sturtevant, Senior Planner
Date: Authorized by:
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 3.2— revise wording to address the adoption of revised maps;
b) 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;
c) MLUB Section 4.18.1— use single unit dwelling setbacks as the standard for private storage;
d) 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;
e) 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;
f) MLUB Section 6.5.1— revise language for larger campgrounds and RV parks to "21 or more sites";
g) 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
h) VLUB Section 3.4 — revise wording to address the adoption of revised maps;
i) 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;
NOVA SCOTIA'S TREASURE
Request for Direction Page 12
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 3.2 (Interpretation of Zone Boundaries) of the MLUB, language should be added to
acl<nowledge 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.
b) 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.
c) 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
setbacks as the standard for private storage, creating more uniform setback standards throughout the
document.
d) In Section 4.28.1(a) (Lal<efront 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 Lal<efront Overlay but
does not propose to build on area covered by the Lal<efront 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
NOVA SCOTIA'S TREASURE
Request for Direction Page 13
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.
e) 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.
f) 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.
g) 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
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
h) In Section 3.4 (Interpretation of Zone Boundaries) of the VLUB language should be added to
acknowledge that the maps shown in Schedule "Al" 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.
i) 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.
NOVA SCOTIA'S TREASURE
Request for Direction Page 14
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 adopts the list of housekeeping amendments to the Municipal Land Use By -Law & Village Land
Use By -Law,
2. Council rejects the proposed list of housekeeping amendments to the Municipal Land Use By -Law &
Village Land Use By -Law.
3. Council adopts the list of housekeeping amendments to the Municipal Land Use By -Law & Village Land
Use By -Law with identified changes.
IMPLICATIONS
By-Law/Policy
None outside of additions/amendments mentioned in 'Discussion' section
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
NOVA SCOTIA'S TREASURE
SCHEDULE A
DRAFT MUNICIPAL LAND USE BY-LAW
HOUSEKEEPING AMENDMENTS
G' Municipality of the District of Chester
TI IG MuNICIPALITN'or Community Development Department
CHESTER
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 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;
2) 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;
3) 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;
4) 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;
5) Amendment to Section 6.4.1 SR-2 Permitted Uses and Developments to:
a. revise setbacks for 3-11 dwelling units on a lot from 1.5m to 3m
b. revise setbacks for Tourism Accommodations from 7m to 7.5m to match MU Zone
requirements;
6) 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"
7) 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.
3.2 Interpretation of Zone Boundaries
The boundaries of zonesare shown in the Land Use By-lawZoning 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 "A,-".
3.2.6 Where maps shown in Schedule "A" are revised from time to time to reflect
improved data or more accurate information when property data is undated by the
province.
4.1 Application, Waivers and Exemptions
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
a Mobile vending, associated signs, and associated structures are subject to the
Trade and Licensing By-law #11 of the Allunicipality, and no developmentpermit shall be
More Information:
required.
The Trade and Licensing
By-lawcan be found at
www.chester.ca or by
visiting the Municipal
Office
lb) Other By -Laws are exempt from Land Use By -Law provisions included but not
limited to: Uniform Siege By -Law #152, Outdoor Dinina, 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-lmt,.
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
in 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:
Provision Standard
Minimum distance for the envelope of a processing facility 360 m
from any existing residential property
Minimum distance for the envelope of a processing facility 50 m
from any zone boundary other than the Kaizer Meadow
Industrial (KI), General Basic (GB), or Mixed Use (MU).
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) in fi•om 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) in 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 lot 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 limes;
d) wind turbines shall not exceed thirty (30) in in height;
e) 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) in 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 developmentpermit. 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 lots that do not contain a maim 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 faun, 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
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:
Fence height Development
Permit
Location Requirements
3 m or less No None
Greater than 3 m Yes (except Must meet minimum yard
within the requirements of the zone in
General Basic which it is to be located
GB) zone
4.11 Fuel Production, Alternative Non-commercial
4.12 Lots
4.11.1 Notwithstanding restrictions within specific zone standards for heavy inchrstrial
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:
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-laiv, 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
More Information: encroachment into the minimum front yard, flankage yard, side yard or rear yard required in
The Municipal that zone except by the granting of a variance in accordance with this By-law.
GovernmentAct allows b) relocated, provided no encroachment into the mini num front yard, flankage yard, or rear
certain structures which yard required in that zone shall be pennitted except by the granting of a variance in accordance
do not otherwise meet with this By-law.
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
GovernmentAct,
available from
www.nslegislature.ca
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 zone
A structure, excluding any accessory structure or sign, which was
legally in existence on the effective date of this By-lmv, and which
would not otherwise be permitted due to the size of the yard in
which it is located, or its setback fi•om 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 pennitted 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
c More Information:
The Municipal
c 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.nslegislature.ca
4.14.1 For uses requiring a developmentperrnit, all outdoor lighting shall be downcast
and havefill rllhorizontal 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 in from any lot line and forty-five (45) in 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) in 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) mZ
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 the zene standards f ^^ -ds to zone standards for
Single unit dwelling-s (refer to Section 6.2).
4.19 Public Structures and Uses
4.19.1 Public utilities provided by the Municipality such as, but not
limited to, sewage treatment plants, pumping stations, water storage
reservoirs, and stormwater management 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-
4.20.1 Nothing in this By-law shall prevent the use of land for the installation of radio -
governmental communications facilities that have been issued a license by the Federal Government
organization that the following due process as prescribed in the Canadian Radiocommunication Information
Municipaiityhas
and Notification Service (CRINS) Antenna System Siting Review and Consultation
Protocol, Reference Issue 3 [2014] as amended from tune to tune.
designated as the body
which carries out public 4.21 Salvage yards
consultation regarding
radio -communications 4.21.1 Where permitted, salvage yards shall have an approved commercial highway
facilities. access from the appropriate Provincial or Municipal department. The area of a salvage
More information can yard shall be screened to provide a visual barrier that is at least two (2) m in height.
be found at
4.22 Shippingcontainers
http://www.crins-
sinrc.casinrc.ca 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 Building Code.
4.243 Site Plan Approval
4.243.1 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 indush•ial 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) in 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 in 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) in of any watercourse,
water body, or the sea such that they are not altered by filling in of land greater that 0.3 in 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 surfaces, 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 (I in 20-year storms).
4.266 Temporary structures
4.26-.1 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.
4.265.2 Temporary structures: incidental to construction
A temporary structure incidental to construction of a wain 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 fiom issuance of a temporary development
permit for said temporary structure.
4.265.3 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.
4.265.4 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.
4.276 Variances
4.276.1 The Development Officer may grant variances of the required minimum or
maximum for:
a) the number ofparking 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 tune 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
developmentpeimit 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.
4.287 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.
4.298 Watercourses, Water Bodies, and Wetlands
4.298.1 Lakefront Overlay
a) Mall developments on a lot subject to the within an area that is covered by th Lakefront Overlay
Schedule `B") shall require a development permit;
b) main buildings are not permitted within the area covered by the Lakefront Overlay. For greater
clarity this covers lands within twenty (20) in 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 area of the lot area. of the lot including buildings and hard -surface landscaping.
4.299.2 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 pennitted 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.
4.302-9 Wharves, slipways and docks
Abbreviations:
DP = Development
Permit
SP = Site Plan Approval
DA = Development
Agreement
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
Residential
1 — 2 dwelling units on a
DP 1.5 m 1.5 m 1.5 m 11 m
Jot
3 - 11 dwelling units on
SP 34 m 34-5 m 34-5 m 11 m
a lot -
12 or more dwelling DA
units on a lot
Land Lease Communities DA
Commercial /
Institutional
Golf Courses DA
Marinas DP 1.5 m 10 m none 11 m
Tourist Accommodations
DP 7.5 m 7.5 m 7.5 m 11 m
up to 20 units — —
Any other commercial or
institutional use or
combination of uses not
listed in section 6.4.2
with a gross floor area DP 1.5 m 3 m 3 m 11 m
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
SP 1.5 m 3 m 3 m 11 m
between 100 m2 and 500
m2 or which occupies a
land area between 500
m2 and 2000 m2,
whichever is lesser
ht 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
gross floor area less than
DP 7 m 7 m 7 m 11 m
100 m2 or which
occupies a land area less
than 500 m2, whichever is
lesser
Any other light industrial
development o r
combination of
developments not listed
in Section 6.4.2 between
100m2and 500m2Of SP 7m 7m 7m 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 Permitted subject to the provisions of section 4.4 ProductionFacilitiesForestry
Processing ..................................... D_P.._............___ 5 m <; 5 m .................._5 m—.--. ._m....__.. Waterfront
Parks not owned
by the DA Municipality
Abbreviations:
DP = Development
Permit
SP = Site Plan Approval
DA = Development
Agreement
6.5 Mixed -Use Zone
6.5.1 Permitted Uses and Developments
The following uses are permitted in the Mixed Use (MU) Zone subject to the specified
approval process and standards:
Max.
Approval Min. Front Min. Side Min. Rear Height of
Process Yard Yard Yard Structure
Residential
1 — 4 dwelling units on a DP 1.5 m
lot
1.5 m 1.5 m none
5- 11 dwelling units on SP 3 m
a lot
3 m 3 m none
12 or more dwelling DA
units on a lot
Land lease communities DA
Commercial /
Institutional
Campgrounds and RV
DP 10 m 10 m 10 m none
Parks up to 20 sites
Campgrounds and RV
Parks more than 21 sites DA
or more
Golf Courses DA
Marinas — DP 5 m - 5 m none no
Tourist Accommodations
DP 7.5 m 7.5 m 7.5 m none
up to 20 units .............. __._—..._
Tourist Accommodations
SP 7.5 m 7.5 m 7.5 m none
20-50 units
Tourist Accommodations
DA
more than 50 units
Recycling Depots P _...........5...m5_..m_..__......_....------_5:m _—___no_n_e Any
other commercial/
institutional development
or combination
of developments
with gross DP 5 m 5 m 5 m none floor
area up to 2000 mZ or
which occupies a land area
up to 6000 m2, whichever
is lesser
Max.
Approval Min. Front Min. Side Min. Rear Height of
Process Yard Yard Yard Structure
Any other
commercial/institutional
developmentwith gross
floor area greater than
DA
2000 m2 or which
occupies a land area
greater than 6000 m2,
whichever is lesser
Light Industrial
Abattoirs less than 2500
m2
SP 10 m 10 m 10 m none
Aqgregateprocessi_ Permitted subject to the provisions of section 4.2
Aquaculture, including
inland fish farms and DA
hatcheries
Indoor Cannabis
Production Facilities
DP 5 m 5 m 5 m none
Salvage yards less than
SP 10 m 10 m 10 m none
2500 m2
Any other light industrial
developmentor
combination of
developments with gross
floor area up to 2000 m2
DP 5 m 5 m 5 m none
or which occupies a land
area up to 6000 m2,
whichever is lesser
Any other light industrial
developmentor
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
Other
Outdoor Cannabis
Production Facilities Permitted subject to the provisions of section 4.4
Forestry Procegsll?gDP __ 5 m 5 m 5 m 11 m Waterfront
Parks not owned
by the DA Municipality
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 3m 3m 3m 11m
Home -.based Business DP Subject to section 9.4.6
Other
Forestry Processing DP Subject to section 9.4.7
Farm Animals DP Subject to section 9.4.8
Sherbrooke Lake United
Church rgMD (PID 601 t4R42) DP 5m 5m 5m 11 m
Waterfront Parks not DA
owned by the
Municipality
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.
SCHEDULE B
PROPOSED VILLAGE LAND USE BY-LAW
HOUSEKEEPING AMENDMENTS
Municipality of the District of Chester064,
vor Community Development Department
CHESTER 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;
ii) where a zone boundary approximately follows property lines the boundary shall follow such
property lines;
iii) where a street, highway or watercourse is shown on Schedule "A", it shall unless otherwise indicated
be included in the zone of the adjoining property on either side thereof;
iv) Subject to clause (v) below, where an electrical transmission line right-of-way or watercourse is
included on the zoning maps and serves as a boundary between two or more different zones, a line
midway on such right-of-way or watercourse and extending in the general direction of the long axis
thereof shall be considered the boundary between zones unless specifically indicated otherwise;
v) where a zone boundary is indicated as following the shoreline of a lake, ocean or harbour the
boundary shall follow the Mean High Water line of the year 1981 as shown on Schedule "A"
including wharves and piers, regardless of whether subsequent alterations to the shoreline may have
changed the actual mean high water line;
vi) where none of these above provisions apply, and where appropriate, the zone boundary shall be
scaled from the attached Schedule "A".
vii) where maps shown in Schedule "A" are revised from time to time to reflect unproved data or more
accurate information when property data is undated by the province.
MTO111y/ 4 "_a04PDX #1/Au1' • 4.5.
1 Accessory Uses No development
permit shall be required for any use which is accessory to a permitted use. 4.5.
2 Accessory Structures Accessory structures
shall be permitted in any zone but: i) shall
not contain kitchen facilities and shall not be used for human habitation; and ii) shall
not be built closer than 1.2 metres (4 feet) to any rear or side lot line except that: a) common
semi-detached garages may be centred on the mutual side lot line; and b) accessory
buildings with no windows or perforations on the side of the building which faces
the said lot line, may be located a minimum of 0.6 metres (2 feet) from the
said lot line; and c) with
the consent of the property owner below the high water mark, fishing gear sheds, boat
houses and boat docks may be built across the lot line when the line corresponds to
the water's edge; and d) special
requirements apply to accessory structures in the Estate Residential zone see Subsection
5.3.6), the Waterfront Residential Zone (Subsection 5.4.4), the Water Access
Zone (Subsection 11.2). iii) shall
not be located or built within 1.5 metres (5 feet) of the main building, except that a fence or
wall may join an accessory structure with a main building; iv) accessory
structures in the Inner Architectural Control Areas are subject to the requirements of
Section 4.6 v) accessory
structures in the Highway 3 Development Area are subject to the requirements of Section
4.10 4.5.
2A In addition to the requirements of 4.5.2, outdoor wood furnaces shall be located a minimum of 45
metres (150 feet) from any lot line and 90 meters (300 feet) from dwellings on adjacent lots,
shall not have a chimney height lower than the eaves of the building which it serves,
but in any case not lower than 5 meters (16 feet), and shall be kept locked when unattended. 4.
5.
3 Minor Accessory Structures No development
permit shall be required for miscellaneous minor accessory structures such as,
by way of example but not to limit the generality of the foregoing: retaining walls; children's
play structures; cold frames; garden trellises; clothes line poles; pet houses; monuments; and
interpretive displays. 4.5.
4 Private Storage
Where there is no other main building on the lot, private storage buildings, including but
not limited to private garages, private boathouses, and fishing gear sheds, shall be permitted
in any zone subject to the zone standards for yards.
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 Govermnent Act or by an instrument to
which the Municipal Government Act does not apply; or
ii) The lot is located upon an island, in which case the required frontage shall be
measured either along the Ordinary High Water Mark or along a right-of-way at
least 6 metres (20 feet) wide to the ocean; or
iii) No part of the lot is located in the Protected Watershed Zone and the lot has access
to a public street by means of a right-of-way of no less than 20 metres (66 feet) in
width in which case the required frontage shall be measured along the boundary
of the right-of-way; or
iv) No part of the lot is located in the Protected Watershed Zone and the lot has access
to a public street by means of a right-of-way listed both in Schedule "B" to the
Subdivision By-law and Schedule "B" to this Land Use By-law, in which case the
required frontage shall be measured along the boundary of the right-of-way; or
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 ExistinI4 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 ExistinI4 Structures
Where a structure which is not a sign has been erected on or before the effective date of
this by-law, or subsequently in accordance with a development permit, with less than the
minimum front yard, flankage yard, side yard, rear yard or any other open space required
by this by-law, or on a lot having less than the minimum area or frontage, the structure may
be used as permitted in the zone in which the structure is situated; and , provided that the
application for a development permit is supported by a location certificate or survey plan
showing the location of the structure in relation to the boundaries of the property, the
structure may be:
i) enlarged, reconstructed, repaired, renovated, or replaced by a new structure,
provided that the structure shall not thereby be permitted to extend or increase any
existing encroachment into the minimum front, flankage, side or rear yard
required in that zone except by the operation of Subsection 4.5.14.
ii) relocated, provided no encroachment into the minimum front, flankage side, or
rear yard required in that zone shall be permitted except by the operation of
Subsection 4.5.14.
4.5.11 Restoration to a Safe Condition
Nothing in this by-law shall prevent the strengthening or restoring to a safe condition of
any structure, provided in the case of a non -conforming use the provisions of the Municipal
Government Act shall prevail.
4.5.12 Height Regulations
The height regulations of this by-law shall not apply to spires on a church, public utility
water tanks, flagpoles, telecommunications towers or chimneys.
4.5.13 Small Scale Business Uses Permitted
In all zones, any lot used for residential purposes may be used for small scale business
purposes provided that all of the following requirements are satisfied:
i) the business shall be located in a dwelling unit on the same lot as the residential
use or in an accessory building on the same lot as the residential use;
ii) the owner of the business shall live in the main residence on the property;
iii) subject to limitations on the uses permitted in particular zones as specified
elsewhere in this by-law, the business use shall fall within one of the following
types of uses:
a) Offices
b) Boarding or Rooming Houses
c) Craft Workshops
d) Guest Houses
e) Personal Service Shops
f) Studios for the practice or instruction of fine arts or crafts
g) Repair Shops
h) Residential Day Care Centres
i) Taxicab Operations
iv) retail sales shall be limited to: the sale of products made, assembled, refinished,
or repaired on the premises; and the sale of any goods or materials used in any of
the processes involved in the primary business use; v)the business use shall
occupy a total of no more than 37 sq. in. (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. in. (5 sq. ft.) in area
and shall not be a portable sign as specified within this By-law.
vii) the use shall not emit noise, odour, dust, light, or radiation that would be a
nuisance or is uncustomary in a residential neighbourhood and, on the lot, there
shall be no open storage or outdoor display of materials or products related to the
business use;
viii) no more than two (2) commercial vehicles including taxicabs related to the
business use shall be kept upon or operated from the lot on which the business is
located;
ix) the use shall not include an animal shelter or animal hospital.
4.5.13A Yard Sales
Nothing in this by-law shall prevent retail sales events accessory to residential uses provided that:
a) articles for sale shall include only the tangible personal property of the residents conducting
the sale;
b) there shall be no more than four such retail sales events on any property during each year;
c) no such retail sales event shall last longer than four consecutive days; and
d) retail sales shall be conducted only during daylight hours between sunrise and sunset.
4.5.14 Variance From Minimum Requirements
a) In accordance with the Planning Strategy, the Development Officer may grant a variance
from the requirements of this by-law for the number of parking or loading spaces required
the ground area and height of a structure, the floor area occupied by a home -based business,
and the height and area of a sign.
b) In accordance with the provisions of Section 235 of the MGA the Development Officer
may grant a variance fi•om 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 area, loading area and structures in relation to the property boundaries.
4.5.15 Fences
Subject to special requirements in the Waterfront Residential (WR) Zone and the Central Village
Residential (CVR) Zone:
a) Fences 2 metres (6 feet) or less in height are minor accessory structures for which no
development permit is required;
b) Fences greater than 2 metres (6 feet) in height but less than 3 metres (10 feet) in height are
accessory structures subject to the requirements of Subsection 4.5.2;
a) Fences 3 metres (10 feet) or greater in height are structures subject to the applicable yard
requirements of the zone in which they are located.
4.5.16 Mobile Homes and Mini -homes
Mobile homes and mini -homes are not permitted within the Inner Residential Area shown on SPS
Map 6, Residential Areas.
4.5.17 Exemptions
By -Laws that are exempt fi-om Land Use By Law provisions included but not limited to: Outdoor
Dinin., By -Law #153, Trade and Licensing By -Law #1 1.