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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.