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Home My Public Portal AboutC A 2014-02-27Page 1 of 2 MUNICIPALITY OF THE DISTRICT OF CHESTER CHESTER MUNICIPAL COUNCIL Thursday, February 27, 2014 at 8:45 a.m. AGENDA 1. MEETING CALLED TO ORDER. 2. MINUTES OF PREVIOUS MEETING: 2.1 Council – Thursday, January 30, 2014 2.2 Public Hearing – House Keeping Amendments – Thursday, January 30, 2014 3. MATTERS ARISING: 3.1 APPEAL – Grant of Variance: (appointment 8:45 a.m.) a. Correspondence dated January 28, 2014 from Richard and Barbara Oland b. Correspondence from Development Officer to adjacent owners re appeal. BY-LAWS: (appointment at 9:30 a.m.) 3.2 2nd READING – AMENDMENT - Inclusion in By-Law 74 – Tax Exemption for Charitable, Non-Profit Organizations, Municipal Water Utilities and Licensed Day Cares from: a) Chester Municipal Heritage Society – Schedule A b) Chester Golf Club – Schedule C 4. COMMITTEE REPORTS: 4.1 Committee of the Whole – February 6, 2014 – Warden Webber 4.2 Committee of the Whole – February 10, 2014 – Warden Webber 4.3 Committee of the Whole – February 18, 2014 – Deputy Warden Shatford 4.4 Committee of the Whole (Special Meeting) – February 19, 2014 – Erin Beaudin, CAO 4.5 Committee of the Whole (Special Meeting) – February 20, 2014 – Warden Webber 4.6 Committee of the Whole – February 20, 2014 – Warden Webber 4.7 Building Code & Unsightly Premises Committee – December 11, 2013 – Deputy Warden Shatford 4.8 Recreation and Parks Committee – February 17, 2014 – Councillor Connors 4.9 Village Planning Advisory Committee – February 12, 2014 – Councillor Armstrong / Church- Cornelius 4.10 Any Other Reports 5. CORRESPONDENCE/GRANTS: 5.1 Letter from Municipality of the County of Kings dated February 5, 2014 regarding Notice of Public Hearing. 5.2 Request from Friends of Nature regarding the Nomination of Rudy Haase for the Order of Nova Scotia (appointment 9:30 a. m.) Page 2 of 2 6. NEW BUSINESS: 6.1 Community Notice posted throughout the Municipality regarding HRM considering shipping garbage to Kaizer Meadow Landfill. 7. ADJOURNMENT. APPOINTMENTS 8:45 a.m. Appeal – Request for Variance (item 3.1) 9:15 a.m. By-Law #74 – 2nd Reading – Amendments – Tax Exemption for Charitable, Non-Profit Organizations, Municipal Water Utilities and Licensed Day Cares (item 3.2) 9:30 a.m. Syd Dumaresq, Friends of Nature regarding Order of Nova Scotia (items 5.2) In Camera following regular session under Section 22 of the MGA if required Draft 1 – Amendment to include: Chester Municipal Heritage Society – Schedule A Chester Golf Club - Schedule C Municipality of the District of Chester Tax Exemption for Charitable, Non-Profit Organizations, Municipal Water Utilities and Licensed Day Cares By-Law No. 74 Notice of Intention to Amend – Committee of the Whole – January 23, 2014 1st Reading - Council – January 30, 2014 2nd Reading - Council – Effective Date – MUNICIPALITY OF THE DISTRICT OF CHESTER TAX EXEMPTION FOR CHARITABLE, NON-PROFIT ORGANIZATIONS, MUNICIPAL WATER UTILITIES AND LICENSED DAY CARES BY-LAW # 74 1. The By-Law shall be known as the Tax Exemption By-Law. 2. The real property of the organizations or institutions named in Schedules "A", "B", "C", AD@, & AE@ to this by-law that would otherwise be classified as commercial property shall be exempt or taxed in accordance with the particular schedule as well as the business occupancy of licensed day cares named in Schedule AE@. 3. The partial or total exemption provided in Section 2 shall apply only to that portion of the real property specified in the schedule. 4. When a property, or part thereof, listed in a schedule ceases to be occupied by the association or for the purposes set out in the schedule then the partial or total exemption from taxation shall cease and the owner of the real property shall immediately be liable for the real property tax on such real property or part thereof for the portion of the year unexpired. 5. This By-Law shall have the effect commencing in the Municipal taxation year 2014/15 2013/14. Tax Exemption By-Law #74 (continued) Page 3 of 11 Notice of Intention to Amend – Committee of the Whole – January 23, 2014 1st Reading - Council – 2nd Reading - Council – Effective Date – SCHEDULE "A" Properties of a named registered Canadian Charitable organization that is used directly and solely for a charitable purpose to be taxed under Section 71 (1)(a) of the Municipal Government Act in the manner set out in the last two columns of this Schedule. OWNER PROPERTY CHARITABLE NUMBER EXTENT OF APPLICATION EXTENT OF TAX EXEMPTION Chester Brass Band Chester Brass Band Building 6381677 118851427RR0001 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Chester Municipal Heritage Society Old CNR Station Chester, NS Account #643793 118851468RR0001 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Land, Parcel L Prince, Regent, Central Streets, Chester, NS Account #8179042 118851468RR0001 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Land, Museum 133 Central Street Chester, NS Account #2950421 118851468RR0001 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Land, Building 82 Union Street Chester, NS Account #00948845 118851468RR0001 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Chester Theatre Society Land, Building Chester, NS Account #4752988 127727444RR0001 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Church Memorial Park Land & Complex Eleanor Pew Morris Memorial Rink, Chester, NS Account #1389424 118859305RR0001 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Church Memorial Park Sports Field Account #758205 118859305RR0001 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Land 100% of commercial property Tax Exemption By-Law #74 (continued) Page 4 of 11 Notice of Intention to Amend – Committee of the Whole – January 23, 2014 1st Reading - Council – 2nd Reading - Council – Effective Date – Chester, Corner of Union and Central Streets Account #8189250 118859305RR0001 The Whole tax. Area rates for other municipal services will be charged. SCHEDULE A (CONTINUED) OWNER PROPERTY CHARITABLE NUMBER EXTENT OF APPLICATION EXTENT OF TAX EXEMPTION East Chester Recreation Association Land & Buildings East Chester, NS Account #1360698 118890441RR0001 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Forties Community Centre Land & Hall Forties, NS Account #1547763 137164265RR0001 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Land Forties, NS Account #1273795 137164265RR0001 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Shoreham Village Senior Citizens Association Blood Clinic Account #4254694 107978702RR0001 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged South Shore Community Services Association Land & School Bonny Lea Farm Windsor Road, NS Land & Residence Buildings Bonny Lea Farm Windsor Road, NS Account #4373316 107997231RR0001 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. United Church of Canada Land & Buildings Youth Camp Forties, NS Account #4718178 119293405RR0001 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Schedule A Continued Next Page Tax Exemption By-Law #74 (continued) Page 5 of 11 Notice of Intention to Amend – Committee of the Whole – January 23, 2014 1st Reading - Council – 2nd Reading - Council – Effective Date – SCHEDULE A (CONTINUED) OWNER PROPERTY CHARITABLE NUMBER EXTENT OF APPLICATION EXTENT OF TAX EXEMPTION Western Shore & Area Improvement Association (operating under the name of DMD Amusements) Land & Building Western Shore, NS Account #1240757 899474456RR0001 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Wild Rose Park Western Shore 8215596 899474456RR0001 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Old Trunk No. 3 Rd. Land, Gold River Account #9484817 899474456RR0001 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Tax Exemption By-Law #74 (continued) Page 6 of 11 Notice of Intention to Amend – Committee of the Whole – January 23, 2014 1st Reading - Council – 2nd Reading - Council – Effective Date – SCHEDULE "B" Properties of incorporated non-profit organization which are either community-oriented, charitable, fraternal, educational, recreational, religious, cultural, or sporting organizations and which in the opinion of Council provide an active service, through programs or maintenance of the property, to the Municipality that might otherwise be a responsibility of Council which are to be taxed under Section 71 (1) (b) of the Municipal Government Act to the extent set out in the last two columns of this Schedule. OWNER PROPERTY EXTENT OF APPLICATION EXTENT OF EXEMPTION Aspotogan Heritage Trust Society Land Lot 99-1-B Barn Highway 329, Hubbards Account #9184023 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Land Lot 99-1-A Highway 329, Hubbards Account #9317465 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Basin Recreation Park Comm. Land, Lower Grant Road Account #5576768 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Canaan Community Club (Canaan District Hall Association) Land & Building Canaan, NS Account #637173 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. East River Village Hall Land & Building East Chester, NS Account #1361007 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Hubbards Area Lions Club Land & Building Fox Point, NS Account #2090538 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Schedule B continued next page Tax Exemption By-Law #74 (continued) Page 7 of 11 Notice of Intention to Amend – Committee of the Whole – January 23, 2014 1st Reading - Council – 2nd Reading - Council – Effective Date – SCHEDULE AAAAB@@@@ (CONTINUED) OWNER PROPERTY EXTENT OF APPLICATION EXTENT OF EXEMPTION Mun of Chester/ Aspotogan Heritage Trust 103 No 329 Hwy Lot A Hubbards Account #1076205 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Old No 3 Hwy Lot G Hubbards Account #9181687 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Old No 3 Hwy Lot F Hubbards Account #9181695 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Old No 3 Hwy Lot E Hubbards Account #9181709 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Old No 3 Hwy Lot C Hubbards Account #9181717 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Aspotogan Heritage Trust Land Lot 05-1 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Ocean Swells Community Association Land, Hall 2726 Highway 329 Northwest Cove Account #889377 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. New Ross District Museum Society 4670 No. 12 Hwy Lot B-A-D New Ross Account #05266033 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Tax Exemption By-Law #74 (continued) Page 8 of 11 Notice of Intention to Amend – Committee of the Whole – January 23, 2014 1st Reading - Council – 2nd Reading - Council – Effective Date – SCHEDULE AAAAB@@@@ (CONTINUED) OWNER PROPERTY EXTENT OF APPLICATION EXTENT OF EXEMPTION District 1 Fire Commissioners Land, Fire Hall Road Account #02614367 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Helping Hands to Enrich Learning & Lifestyles Programming Society Land & Building 419 Highway 329, Fox Point Account #3392104 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Hubbards Yacht Club Land and Building 215 Highway 329 10236975 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Tax Exemption By-Law #74 (continued) Page 9 of 11 Notice of Intention to Amend – Committee of the Whole – January 23, 2014 1st Reading - Council – 2nd Reading - Council – Effective Date – SCHEDULE "C" The Council may, by By-Law, to the extent and under the conditions set out in the by-law, provide that the tax payable with respect to all or part of the taxable commercial property of any non-profit community, charitable, fraternal, educational, recreational, religious, cultural or sporting organization named in the by-law be reduced to the tax that would otherwise be payable if the property were a residential property, inclusive of area rates as set out in 71(2) of the Municipal Government Act as is determined by Council from year to year to the extent set out in column three. OWNER PROPERTY EXTENT OF APPLICATION EXTENT OF EXEMPTION Captain Kidd Rod & Gun Club Land & Building East Chester, NS Account #663255 The Whole The Residential Rate is applied rather than the Commercial Rate. Area rates for other municipal services will be charged. Chester Yacht Club Land & Building South Street, Chester, NS Account #730033 The Whole The Residential Rate is applied rather than the Commercial Rate. Area rates for other municipal services will be charged. Clarke Lodge No. 61 A.F. & A.M. Land & Building Queen Street, Chester, NS Account #805645 The Whole The Residential Rate is applied rather than the Commercial Rate. Area rates for other municipal services will be charged. Norwood Lodge No. 135 A.F. & A.M. Land & Building New Ross, NS Account #3542777 The Whole The Residential Rate is applied rather than the Commercial Rate. Area rates for other municipal services will be charged. The Thunderbird Recreation Association Land East River, NS Account #5053692 The Whole The Residential Rate is applied rather than the Commercial Rate. Area rates for other municipal services will be charged. Land & Hall East River Account #359289 The Whole The Residential Rate is applied rather than the Commercial Rate. Area rates for other municipal services will be charged. Chester Golf Club Land & Buildings Chester Account #00729779 The Whole The Residential Rate is applied rather than the Commercial Rate. Area rates for other municipal services will be charged. Tax Exemption By-Law #74 (continued) Page 10 of 11 Notice of Intention to Amend – Committee of the Whole – January 23, 2014 1st Reading - Council – 2nd Reading - Council – Effective Date – SCHEDULE "D" Buildings, pump stations, deep well pumps, main transmission lines, distribution lines, meters and associated plant and equipment of a municipal water utility under Section 71(1) (e) of the Municipal Government Act to the extent set out in the last two columns of this Schedule. OWNER PROPERTY EXTENT OF APPLICATION EXTENT OF APPLICATION Municipality of the District of Chester Mill Cove Water Utility Account Number 9490450 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Tax Exemption By-Law #74 (continued) Page 11 of 11 Notice of Intention to Amend – Committee of the Whole – January 23, 2014 1st Reading - Council – 2nd Reading - Council – Effective Date – SCHEDULE AE@ The Council may, by By-Law, exempt any day care licensed under the Day Care Act from taxes payable in respect of commercial and business occupancy assessment. Properties to be taxed under Section 71A and 71B of the Municipal Government Act in the manner set out in the last two columns of this Schedule. OWNER PROPERTY EXTENT OF APPLICATION EXTENT OF EXEMPTION Brenda Cook-Forest Ocean View Children=s Centre 1540564 Land, Dwellings, Day Care Buildings Commercial The Residential Rate is applied rather than the Commercial Rate. Area rates for other municipal services will be charged. MUNICIPALITY OF THE DISTRICT OF CHESTER M E M O R A N D U M DATE: 21 February 2014 TO: Erin Beaudin, CAO FROM: Bill DeGrace, Senior Planner DEPARTMENT: Community Development SUBJECT: Building height definition – Supplementary ______________________________________________________________________________________________________________________ BACKGROUND: At the Village Area Planning Advisory Committee meeting of 12 February 2014, consideration was given to proposed revisions to the definition of “height” in the Chester Village Area Land Use By-law. The purpose of the revisions is to clarify the definition to ensure that the entire roof structure is examined when receiving development applications, since maximum allowable height varies depending on pitch, and pitch can vary from one part of a roof to another. DISCUSSION: In their analysis, staff addressed a number of issues including the treatment of dormers and other roofed projections when it comes to the “4 in 12 or less” roof-pitch rule, minor dips in grade, and accessory structures in the Inner Architectural Control Area. Staff recommended amendments to the definitions for both “height” and “grade,” as well as to Section 4.5.2 which deals with an exception to the By-law provisions. After considering the staff report and comments from the public, Village PAC recommended the following (changes in boldface): Section Amendment Purpose 16.30 (Definitions) GRADE means, with reference to a building or structure, the lowest elevation of the finished surface of the ground where is meets the exterior of the foundation of the building or structure, and for greater clarification excludes minor dips including, but not limited to, window wells and walk-out basement doors. When used with reference to a street, road or highway means the elevation of the street, road, or highway established by the municipality or other designated authority. To clarify that lowest grade does not include minor dips in grade such as window wells or walk out basement doors. 16.34 (Definitions) HEIGHT means, with reference to a building, the vertical distance on a building between grade (see definition 16.30) and the highest point of the building. When applying this measurement to a main building, any part of the roof structure having a pitch of 4 in 12 or less, deduct 2 metres (six feet) from the maximum height set in the zone requirements. To clarify that the entire roof structure and any part thereof is used to calculate the height of a building. 4.5.12 (Waivers and Exemptions: Height Regulations) a) The height regulations of this by-law shall not apply to spires on a church, public utility water tanks, flagpoles, telecommunications towers or chimneys. b) The height regulations of this by-law shall not apply to To expand the range of exemptions to height regulations. roofed projections including, but not limited to, dormers, cupolas, turrets and cross-gables, provided no such roofed projections exceed 50% of the length of the roof on which they are located. There are two items outstanding: 1) In the report and discussion, staff noted that accessory structures in the Inner Architectural Control Area are already subject to a height limitation and should not be subject to the roof pitch rule. Staff recommended applying the provision to a main building only. However, this would exempt accessory structures outside the Control Area from the rule, which is inappropriate since they can be constructed to maximum height. Therefore, staff recommends the following revision to the height definition: HEIGHT means, with reference to a building, the vertical distance on a building between grade (see definition 16.30) and the highest point of the building. When applying this measurement to a building, any part of the roof structure having a pitch of 4 in 12 or less, deduct 2 metres (six feet) from the maximum height set in the zone requirements, except for accessory structures in the Inner Architectural Control Area which are subject to the requirements of Section 4.6.1.(b). 2) Staff suggests changing the term in the definition of GRADE from “minor dips” to “minor entrenchments.” IMPLICATIONS: Amendments to the Land Use By-law require a Public Hearing and Public Information Meeting. ATTACHMENTS: Staff Report to PAC: Height Definition – Land Use By-law OPTIONS: Council has the following options: 1) Status quo – no amendments; 2) Adopt the recommendation of the Village PAC; 3) Adopt the recommendation of the Village PAC as amended by staff; and 4) Refer the matter back to Village PAC for further discussion. RECOMMENDATION: It is recommended that Council adopt Option 3. Bill DeGrace, MCIP, LPP Senior Planner MUNICIPALITY OF THE DISTRICT OF CHESTER R E P O R T DATE: 20 January 2014 TO: Carol Nauss, Chair; members of the Village Planning Advisory Committee FROM: Bill DeGrace, Senior Planner C.C. Tara Maguire, Director DEPARTMENT: Community Development SUBJECT: Height Definition – Land Use By-law ______________________________________________________________________________________________________________________ BACKGROUND: At the meeting of the Planning Advisory Committee held on 30 October 2013, consideration was given to a revised definition of height in the Village Area Land Use By-law. That revised definition is: With reference to a building, the vertical distance between grade and the highest point of the building. When applying this measurement to a building, any part of which has a roof structure or a portion thereof with a pitch of 4 in 12 or less, deduct 2 metres from the maximum height set in the zone requirements for that part of the building affected, saving and excepting those features identified in Section 4.5.12. Section 4.5.12 of the By-law refers to features that are exempted from the calculation for building height. With the participation of two local developers, discussion at the PAC meeting ensued on issues that could arise with this definition. Ultimately, the Committee recommended adoption of the revised definition. Council requested further study of the issues before considering any revision. DISCUSSION: Building height is a measure used – alongside lot coverage, setback, density and design – to guide the development of the Central Village Area of Chester. It is one of the elements of scale that plays a role in the character of a community. Policy 4.1.1 of the Secondary Planning Strategy addresses the residential side of development, being “To protect the existing character, the living environment, and the stability of residential land use in the planning area while allowing a diversity of housing types.” In Policy 4.2.9A, height in the Waterfront Residential Area is to be limited “to preserve the open character of the area” while in the Protected Watershed Zone, Policy 4.6.1, land use is “to be strictly controlled”. Accordingly, in the Land Use By-law, maximum height in Chester Village is 10 metres (33 feet) for all zones except Waterfront Residential where it is 7.5 metres (25 feet), and Protected Watershed, where it is 7 meters (23 feet). All roof types appear in the Village. Appendix I contains an illustration of the more common roof types found in Nova Scotia, with a few Chester examples. Most jurisdictions (examples in Appendix II), including the Municipality of the District of Chester in its Land Use By-law (Section 8.21), measure height:  to the mean level of a gabled, hipped, gambrel or other type of pitched roof;  to the top of a flat roof or the parapet of a flat roof, whichever is greater; and  to the deckline of a mansard roof …from the established grade of the building. In most jurisdictions, the “established grade” is the average grade between highest and lowest points. In Chester Village, “Grade” means: with reference to a building or structure, the lowest elevation of the finished surface of the ground where it meets the exterior of the foundation of the buil ding or structure and when used with reference to a street, road or highway means the elevation of the street, road or highway established by the municipality or other designated authority. Employing the highest point of a building as the top measure and the lowest elevation of land where it meets the building as the base measure, and then directing a reduction in maximum height for a low roof pitch, constitutes a fairly unique approach to height definition. Staff understands that the rationale behind this approach was to protect Chester’s existing character, however we also note that there has been no comprehensive study done to support how this approach impacts existing character. Although the revised definition clarifies the intent to reduce maximum height when any part of a roof has a pitch of 4 in 12 or less, as opposed to a determination on a roof’s dominant characteristic or form, some key issues remain: Issue 1 – Dormers, cupolas and other features: As noted, Section 4.5.12 exempts specific building features from the maximum height rule. The section reads: The height regulations of this by-law shall not apply to spires on a church, public utility water tanks, flagpoles, telecommunications towers or chimneys. These are features where greater height is either necessary or desirable. Some municipal by-laws also list antennae, skylights, solar panels and mechanical penthouses in this grouping. Dormers (including shed dormers), cupolas, turrets, cross-gables, and other roofed projections are employed in many domestic buildings. The revised by-law definition sees all such elements factored into building height measurement. Pitches of 4 in 12 or less of any of these would affect the outcome insofar as maximum height is determined, for those elements . Some shallow-pitched shed dormers, especially those that project from the ridgeline, may impact neighbourhood character in instances where buildings are at their maximum height. The majority of domestic buildings in Chester Village have primary roof pitches of between 4 in 12 and 16 in 12. For the most part, dormers, cupolas and the like are minor and employ a pitch that is appropriate to their function and to the style of building for which they are intended. In other jurisdictions, because height is defined differently, dormers are not factored into height measurement at all, while the other features may be exempted from height assessment provided they do not occupy more than a certain percentage of a building’s volume or roof composition. Staff considers this approach to be a reasonable safeguard against incompatible height and suggests adding these features to the list of exemptions in Section 4.5.12, provided such features in total comprise no more than 50% of the length of roof on which they are located. Issue 2 – Complex pitches: Height measurement is straightforward in most instances, but becomes a challenge with more complex roof types such as mansards and gambrels that typically have two pitches, truncated roofs (those with a pitch but with a flat top) and roofs that have bell-cast and curvilinear shapes. Mansard and gambrel roofs were historically employed to maximize living space and this is still true today. The lower pitch is steep, usually 21 in 12 or more, while the upper pitch is shallow, and can be 4 in 12 or less. Under the current and revised definitions, this outcome reduces achievable maximum height and can impact design and development potential. As noted previously, most jurisdictions discount the upper pitch of a mansard and measure height to the deckline, the point of transition between the upper and lower pitch, while a gambrel is measured in the same way as a roof with a single pitch, that is, at its mean level. One approach for mansards, truncated and curvilinear roof shapes might be to apply the 4-in-12-or-less rule only where the lower- pitch section forms a certain proportion of overall roof composition. Staff considers this approach to be unwieldy and difficult to administer. Ultimately, both the current and revised height definitions will simply discourage these roof types for the tallest buildings. Issue 3 – Grade: The Chester Village Area Land Use By-law, as noted, does not provide for an average grade between the upper and lower levels of sloping land. Rather, “grade” is the lowest elevation of the finished surface of the where it meets the foundation exterior. Measurement typically excludes minor entrenchments such as window wells, although this is not explicitly stated. While a great many buildings in Chester Village are constructed on slopes, suggesting established grade as an appropriate base measure, staff understands that the rationale for using the lowest elevation is to try to protect existing character. In order to make the regulations clear, staff does recommend that minor dips be excluded from the measure of lowest grade. As with the complex roof types, this outcome reduces achievable maximum height and forces consideration of other design approaches. Issue 4 – Accessory structures in the Inner Architectural Control Area: Under Section 4.6.1(b)(ii) of the Land Use By-law, the maximum height of accessory structures in the Inner Architectural Control Area is 6 metres (19.68 feet). Under the existing and revised definitions, an accessory structure with a roof pitch of 4 in 12 or less can be no more than 4 metres (13 feet). In the view of staff, extending the height reduction requirement to accessory structures is not the intent of the provision. Therefore, staff suggests that the height measurement provision be applied to a main building which is defined in the Land Use By-law as “the building in which is carried out the principal purpose for which the building lot is used. “ OPTIONS: Council has the following options: 1) Retain the existing height definition; 2) Amend the height definition to retain the roof pitch rule of 4-in-12-or-less for the entire structure, and adding exemptions; 3) Adopt the form of height measurement specific to roof type. Maximum heights for main buildings in each zone would be reduced by two metres or to a height of Council’s choosing. Option (2) results in the following amendments: Section Amendment Purpose 16.30 GRADE means, with reference to a building or structure, the lowest elevation of the finished surface of t he ground where is meets the exterior of the foundation of the building or structure, and for greater clarification excludes minor dips including, but not limited to, window wells and walk-out basement doors. When used with reference to a street, road or highway means the elevation of the street, road, or highway established by the municipality or other designated authority. To clarify that lowest grade does not include minor dips in grade such as window wells or walk out basement doors. 16.34 (Definitions) HEIGHT means, with reference to a building, the vertical distance on a building between grade (see definition 16.30) and the highest point of the building. When applying this measurement to a main building, any part of the roof structure having a pitch of 4 in 12 or less, deduct 2 metres (six feet) from the maximum height set in the zone requirements. To clarify that the entire roof structure and any part thereof is used to calculate the height of a main building. 4.5.12 a) The height regulations of this by-law shall not apply to spires on a church, public utility water tanks, flagpoles, telecommunications towers or chimneys. b) The height regulations of this by-law shall not apply to roofed projections including, but not limited to, dormers, cupolas, turrets and cross-gables, provided no such roofed projections exceed 50% of the length of the roof on which they are located. To expand the range of exemptions to height regulations. Option (3) would result in the following amendments: Section Amendment Purpose 16.30 GRADE means, with reference to a building or structure, the lowest elevation of the finished surface of the ground where is meets the exterior of the foundation of the building or structure, and for greater clarification excludes minor dips including, but not limited, to window wells and walk-out basement doors. When used with reference to a street, road or highway means the elevation of the street, road, or highway established by the municipality or other designated authority. To clarify that lowest grade does not include minor dips in grade such as window wells or walk out basement doors. 16.34 (Definitions) HEIGHT means, with reference to a building, the vertical distance on a building between grade (see definition 16.30) and i) The highest point of the roof surface or the parapet, whichever is greater, of a flat roof; ii) The deckline of a mansard roof; and iii) The mean level between the eaves and ridges of a gabled, hip, gambrel or other type of pitched roof. iv) The highest point of the roof surface of an accessory structure. To stipulate height calculation for buildings based on roof type. 5.0 through 12.0 (Zones) Zone standards – lower maximum height of structures in each zone from 10 metres (33 feet), 7.5 metres (25 feet) and 7 metres (23 feet) by 2 metres or otherwise prescribed by Council. To redefine maximum height based on the measure used in 16.34. The test of good community design, of course, does not rest on height alone, but also on bulk, form, massing and materials on a building-by-building basis, and on building/open-space/streetscape relationships on a community basis, as demonstrated by the Highway 3 streetscape guidelines. Determination of the rules on height should be made in this context. RECOMMENDATION: Staff believes that the added provisions to current text as presented in Option (2) will further clarify the definition. Notwithstanding this assertion, staff recommends Option (3), with its application to specific roof types, as the most workable. Bill DeGrace, MCIP, LPP Senior Planner Appendix I ROOF TYPES AND CHESTER EXAMPLES Source: Allen Penney, Houses of Nova Scotia, Nova Scotia Museum/Formac Publishing, 1989 Source: Google Images 28 King 55 Duke 31 Duke 31 King 7 King 96 King 100-102 Regent 93 Prince 24 Pleasant 3 Pleasant 14 Queen 133 Victoria Victoria 37 Water 3980 Highway 3 Appendix II BY-LAW EXAMPLES: OTHER JURISDICTIONS Lunenburg Truro 4.1.18 Height Regulations The height regulations of this by-law shall not apply to church spires, water tanks, elevator enclosures, silos, flagpoles, ventilators, skylights, barns, chimneys, clock towers, communication towers or statues/works of art. Wolfville Height means the vertical distance of a building between the established grade and one of the following: a) the highest point of the roof surface or the parapet, whichever is the greater, of a flat roof; b) the deckline of a mansard roof; or c) the mean level between eaves and ridges on a gabled, hip, gambrel, or other type of pitched roof. (see section 4.16 for exemptions) 4.16 Height Regulations The height regulations of the By-law shall not apply to church spires, water tanks, elevator enclosures, flagpoles, television or radio antennae, ventilators, skylights, chimneys, construction used as an ornament, the mechanical or electrical operation of the building or property, mechanical penthouse, tower, cupola, steeple, clock towers, wind turbines or solar collection devices. Bridgewater Height: the vertical distance on a building between the grade and (a) the highest point of the roof surface or parapet, whichever is greater, of a flat roof; or (b) the deckline of a mansard roof; or (c) the mean level between the eaves and ridges of a gabled, hip, gambrel or other type of pitched roof; but shall not include any construction used as ornament or for the mechanical operation of the building, a mechanical penthouse, chimney, tower, cupola or steeple. Liverpool