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HomeMy Public PortalAbout2019-10-24_Special Council_Public Agenda_Package Page 1 of 2 of Agenda Cover Page(s) MUNICIPAL COUNCIL SPECIAL MEETING AGENDA Thursday, October 24, 2019 (following Committee Of the Whole Meeting) Chester Municipal Council Chambers 151 King Street, Chester, NS 1. MEETING CALLED TO ORDER 2. APPROVAL OF AGENDA/ORDER OF BUSINESS 3. PUBLIC INPUT SESSION (8:45 a.m. to 9:00 a.m.) 4. MINUTES OF PREVIOUS MEETING 4.1 Council – September 26, 2019 5. COMMITTEE REPORTS 5.1 Committee of the Whole – October 10, 2019 – Warden Webber (receive motions only) 5.2 Citizens Planning Advisory Committee – October 7, 2019 (receive motion only) a. Request for Decision – Land Use By-Law (1st Reading) b. Final Draft – Municipal Planning Strategy c. Map – Schedule A – Generalized Future Land Use Map d. Final Draft – Municipal Land Use By-Law e. Map – Schedule A – Zoning Map f. Map – Schedule B – Lakefront Overlay 5.3 Committee of the Whole – September 19, 2019 (receive minutes only) 5.4 Any other Committees. 6. MATTERS ARISING 6.1 District Council Grant Requests: a. New Ross Trails Society - $500 b. Canaan & District Hall Association $3,000 c. District Council Grants Listing (updated) Page 2 of 2 7. PUBLIC PRESENTATIONS 8. CORRESPONDENCE 9. NEW BUSINESS 10. IN CAMERA 11. ADJOURNMENT MOTIONS REQUIRING APPROVAL OF COUNCIL FROM OCTOBER 10, 2019 COMMITTEE OF THE WHOLE MEETING 2019-448 APPROVAL OF AGENDA AND ORDER OF BUSINESS 2019-449 APPROVAL OF SEPTEMBER 19, 2019 COMMITTEE OF THE WHOLE MINUTES 2019-450 APPROVAL OF 2019/20 STRATEGIC PRIORITIES CHART UPDATE MOVED by Councillor Assaff, SECONDED by Deputy Warden Shatford that Council approve the following with revisions as noted:  2019/20 Strategic Priorities Chart Update ALL IN FAVOUR. MOTION CARRIED. 2019-451 WINTER SIDEWALK MAINTENANCE CONTRACT EXTENSION MOVED by Deputy Warden Shatford, SECONDED by Councillor Hector that the Committee of the Whole Committee recommend to Council that Option 1 contained in the Request for Decision dated September 27, 2019 – Service Contract Extension – Winter Sidewalk Maintenance be approved at $47,437.21 plus HST. ALL IN FAVOUR. MOTION CARRIED. 2019-452 WRITE OFF OF TAXES $694.85 – FIRE DAMAGED PROPERTY MOVED by Councillor Assaff, SECONDED by Councillor Church that the Committee of the Whole recommend to Council to write off taxes in the amount of $694.85 for Account Number 00570265 as per Section 69A of the Municipal Government Act regarding a fire damaged property. ALL IN FAVOUR. MOTION CARRIED. 2019-453 AWARD OF MODC-T-2019-012 LAGOON DREDGING AND DEWATERING MOVED by Councillor Barkhouse, SECONDED by Councillor Hector that the Committee of the Whole recommend to Council to award tender MODC-T-2019-12 Lagoon Dredging and Dewatering at Kaizer Meadow to TeraPure in the amount of $170,300; and authorize staff to spend up to the budget amount and award the contract. ALL IN FAVOUR. MOTION CARRIED. 2019-454 ADJOURNMENT FOR SPECIAL COUNCIL MEETING AT 10:00 A.M. MOVED by Deputy Warden Shatford, SECONDED by Councillor Assaff that the Council meeting adjourn briefly to allow a Special Council Meeting at 10:00 a.m. to hear an Appeal. ALL IN FAVOUR. MOTION CARRIED. 2019-455 FSANS APPOINTMENT MOVED by Councillor Assaff, SECONDED by Councillor Barkhouse that the Committee of the Whole recommend approving Gordon Appleby as the FSANS Alternate Director Representative for the Municipality of the District of Chester. As well, it was requested that a letter of thanks be forwarded to Bill Falkenham for his past service. ALL IN FAVOUR MOTION CARRIED. 2019-456 PLAN REVIEW COMMUNICATIONS OPTION MOVED by Deputy Warden Shatford, SECONDED by Councillor Hector that the Committee of the Whole recommend to Council to choose Option 1 with regard to providing information to the public regarding the Plan Review for the Municipality and that it will be forwarded to Council for First Reading. ALL IN FAVOUR. MOTION CARRIED. 2019-457 MEETING CANCELLATION AND SPECIAL COUNCIL MEETING MOVED by Councillor Barkhouse, SECONDED by Councillor Hector the October 17, 2019 meeting of Council be cancelled with a Special Council meeting to be held on October 24th following the Committee of the Whole Meeting. CARRIED. 2019-458 IN CAMERA - Section 22(2)(e) Contract Negotiations – DOTIR 2019-459 ADJOURNMENT MOTION FROM OCTOBER 7, 2019 CITIZENS PLANNING ADVISORY COMMITTEE FOR APPROVAL BY COUNCIL 2019-460 APPROVAL OF AGENDA/ORDER OF BUSINESS 2019-461 REFER THE DRAFT CHESTER MUNICIPAL PLANNING STRATEGY AND LAND USE BY-LAW WITH CHANGES TO COUNCIL FOR FIRST READING MOVED by Arthur Backman, SECONDED by John Carroll, that the Citizen’s Planning Advisory Committee recommend that Municipal Council proceed with 1st Reading of the draft Chester Municipal Planning Strategy and Land Use By-law, with changes to the Single Unit Residential Zone to prohibit outdoor wood furnaces as discussed. CARRIED. REQUEST FOR DECISION Prepared By: Garth Sturtevant Date October 18, 2019 Reviewed By: Date Authorized By: Date CURRENT SITUATION Following a meeting of the Citizen’s Planning Advisory Committee (CPAC) and Council held on October 7, 2019, the final draft of the new Municipal Planning Strategy and Land Use By-law are complete and have received a positive recommendation from CPAC. The next step in the approval process is to bring the final draft documents to Council. If satisfied with the documents, Council may give 1st reading and set a date for a Public Hearing. RECOMMENDATION Staff recommend Option 1: that Municipal Council give 1st reading to the Municipal Planning Strategy and Land Use By-law and further to set a date for a Public Hearing for December 5th, 2019; BACKGROUND Officially initiated in 2014, the reVISION Plan Review has resulted in the creation of a final draft of a new Municipal Planning Strategy and Land Use By-law. Over the past five years, Municipal staff have worked in close collaboration with the Citizen’s Planning Advisory Committee and conducted several rounds of public engagement to solicit ideas and feedback from members of the public. This information was then used to form the foundation of the new planning documents. The purpose behind the reVISION Plan Review is to update our current Municipal Planning Strategy and Land Use By-law which were adopted in 1997. The new planning documents will establish a comprehensive plan for how and where development can and should occur, what types of protections are needed, and what current or potential land uses require additional controls. The Plan - Vision, Goals and Objectives: The Municipal Planning Strategy outlines a Vision, Goals and Objectives for the Municipality. These are explored and realized through the policy statements contained within the Municipal Planning Strategy. The Land Use By-law then establishes regulations which will implement and achieve the objectives of the policy statements from the Municipal Planning Strategy. The Vision established within the Municipal Planning Strategy is: “The Municipality of the District of Chester will be a self-sufficient and resilient Municipality, built on the foundation of the character of each of our unique communities. Our communities will work together to provide economic opportunities and a balanced lifestyle for all.” REPORT TO: Municipal Council SUBMITTED BY: Community Development Department DATE: October 24, 2019 SUBJECT: New Municipal Planning Strategy and Land Use By-law (1st Reading) ORIGIN: Recommendation by Citizen’s Planning Advisory Committee 2 Request For Decision/Direction This Vision led to the creation of a set of shared Goals and accompanying objectives which are intended to realize a Municipality that:  Safeguards its natural environment;  Celebrates its character and heritage;  Builds a strong economy;  Offers appropriate housing choices; and  Enjoys good social and physical health. The Municipal Planning Strategy divides the Municipality into six different Character Areas (see Generalized Future Land Use Map, Schedule A of the Municipal Planning Strategy):  Rural Area  Settlement Area  Hamlet Area  Village Area  Industrial and Business Area  Environmental Protection Area Each Character Area contains one or more zones, described in the Municipal Planning Strategy and implemented in the Land Use By-law (see Zoning Map, Schedule A of the Land Use By-law). The Land Use By-law lists the permitted and prohibited land use activities and the various approval processes required for each zone. Achieving the Vision, Goals and Objectives: The new planning documents achieve the Vision outlined in the Planning Strategy through a variety of mechanisms and controls. Safeguards its natural environment - Environmental protections are greatly increased in the new documents, including the introduction of a 20m Lakefront Overlay buffer around identified lakes, a 20m setback from wetlands, waterbodies and watercourses when a Development Permit is required and more stringent environmental protections including retention of natural vegetation for larger developments that require a Development Agreement. Celebrates its character and heritage – The identification and description of Character Areas, described in the Municipal Planning Strategy is an acknowledgement and appreciation for the significant differences in land use, history, development and occupation of various parts of the Municipality. While the Municipality has a separate Heritage Property By-law, the adoption of the new Municipal Planning Strategy and Land Use By-law will establish regulations for the way new development occurs and serves to protect historical development patterns and densities. Builds a strong economy – The new planning documents support a variety of economic opportunities. In many parts of the Municipality, zoning will allow a mix of land uses and is not designated for solely residential, commercial 3 Request For Decision/Direction or industrial development. This approach is in keeping with the historic development patterns of the Municipality and provides opportunity for residents to operate a business on the same property as their home. The new documents also provide an area for development of Heavy Industrial uses. Offers appropriate housing choices – Implementing and enforcing proactive planning and development controls will encourage responsible and compatible development with a variety of housing types. This helps to ensure that adequate and affordable housing is available for all residents. The new planning documents are supportive of multi-unit dwellings in most zones, which draws upon the well-established practice of encouraging affordability by permitting higher density of units on a given lot. Enjoys good social and physical health – The new planning documents outline the concept of a “Livable Community”. Livable Communities include open spaces and access to the natural environment, healthy transportation options, affordable and adequate housing options, access to community and public facilities and are designed in a manner that allows for community connection and interactions between residents. reVISION Timeline: The following outlines the various stages and work completed as part of the reVISION Plan Review:  2014 - Background Reports and Project Scoping (COMPLETE) Scoping of Project Engagement Plan Preparation of Technical Reports Set-up new Citizens Planning Advisory Committee (CPAC) to oversee Plan Review  Winter and Spring 2015 – Visioning (COMPLETE) Visioning workshops in all 7 districts Focus groups on targeted topics Surveys conducted  Summer and Fall 2015 - Vision Check-In (COMPLETE) Drafting goals and vision with CPAC Second round of public engagement Draft Structure for plan Pop-Up Sessions at events around MODC Meeting-in-a-box  Winter 2016 - Policy Direction (COMPLETE) Work with CPAC to review background document and community input to determine policy direction  Spring and Summer 2016 - Community Engagement (COMPLETE) Second round of public engagement continues Chester Village Engagement Sessions (Architectural Controls) Pop-Up Sessions at events around MODC 4 Request For Decision/Direction  Fall 2016 and Winter 2017 - Document Drafting (COMPLETE) Municipal Planning Strategy and Land Use By-law drafting under CPAC direction Rescoping removes Chester Village Planning documents from current phase  2017 – Document Drafting (COMPLETE) Municipal Planning Strategy completed Land Use By-law drafted  Spring 2018 - Community Consultations and Public Engagement (COMPLETE) Joint Session with CPAC, Village Area Advisory Committee, Municipal Area Advisory Committee Newsletter distributed Voices and Choices website launched Hold 2 community engagement sessions in each district Newsletter distributed to all households  Summer 2018 - Finalize Documents (COMPLETE) Review community input and review with Council and CPAC Make any necessary changes to documents Finalize documents in preparation for public hearing  Fall 2019 - Recommendation & Adoption of New Planning Documents (IN PROGRESS) CPAC makes recommendation to Council for adoption of documents Council conducts First Reading Public Notification of Public Hearing Public Hearing and Council vote to adopt the new planning documents Overview of Public Engagement to Date: During the reVISION process, Municipal Council sought to engage members of the public through a wide variety of methods. Council sought input and ideas from as many members of the public as possible. Municipal staff conducted three rounds of formal public engagement in addition to responding to phone calls, emails and in person inquiries over the past five years. The first and second rounds of public engagement occurred in 2014 and 2015 and helped to inform the Vision, Goals and Objectives of the new Municipal Planning Strategy. Staff and CPAC, with occasional check-in sessions with Council, used this information to create the new planning documents. The Third round of public engagement began in 2018 and consisted of a series of 14 public meetings, at which staff presented the draft of the Municipal Planning Strategy and Land Use By-law to the public. Two meetings were scheduled in each Council District. Each meeting date included an afternoon open house session. This was followed by an evening session including an open house and town hall style question and answer period. Staff recorded comments and discussions and collected written comments provided by attendees. Following the 14 public meetings, staff prepared an extensive report to Council. This report provided information on the process to date, the methods of engagement used and presented Council with the public comments and suggestions for changes to the draft documents. Staff received direction on some 5 Request For Decision/Direction specific areas of the plan to alter, such as removing new regulations proposed for Farm Animals. Staff then updated the draft documents with the direction received from Council. In the fall of 2018, staff held a joint session with CPAC and Council to review a list of outstanding items and receive further direction to alter the draft documents. The reVISION project was placed on hold for the summer of 2019, pending the review and approval of several other planning applications. In late summer 2019, staff made the final changes to the Municipal Planning Strategy and Land Use By-law which resulted in the final draft of the Municipal Planning Strategy and Land Use By-law. Staff presented the final draft to CPAC and Council at a joint session held on October 7th, 2019. CPAC made a motion providing a positive recommendation that Council adopt the draft documents as presented. Next Steps: The graphic below outlines the approval process for the new planning documents. If Council opts to give 1st Reading to the documents, a date for a Public Hearing should be set and advertised. Current Stage Incomplete Complete CPAC/Council: POSITIVE RECOMMENDATI ON from CPAC; October 7th, 2019. Council (1st Reading): Council sets a date for the Public Hearing; Public Hearing Held: Council VOTES on whether to adopt the new planning documents; Date TBD (likely 5- 6 weeks after 1st Reading); Once confirmed, date of PH will be advertised. New Planning Documents In Effect: Advertisement appears in Progress Bulletin which officially confirms the documents are in EFFECT; Date TBD (Ad will be placed as soon as possible following a positive vote at PH). 6 Request For Decision/Direction OPTIONS 1. that Municipal Council give 1st reading to the Municipal Planning Strategy and Land Use By-law and further to set a date for a Public Hearing for December 5th, 2019; 2. that Municipal Council defer 1st Reading of the Municipal Planning Strategy and Land Use By-law, with instructions as to what is required prior to bringing the documents back to Council for further consideration; 3. that Municipal Council reject the Municipal Planning Strategy and Land Use By-law (no further action will be taken). ATTACHMENTS  Final Draft Municipal Planning Strategy o Schedule A – Generalized Future Land Use Map  Final Draft Municipal Land Use By-law o Schedule A – Zoning Map o Schedule B – Lakefront Overlay MUNICIPAL PLANNING STRATEGY | i DRAFT Municipality of the District of Chester Municipal Planning Strategy Original Documents Approved by Council on Approved by the Minister of Municipal Affairs on DD/MM/YYYY This CONSOLIDATED EDITION is prepared for convenience only. For complete reference, please consult the original documents. This CONSOLIDATED EDITION has the following history: 1) Compiled DD/MM/YYYY From the documents adopted by Council on DD/MM/2019 and approved without amendments by the Minister on DD/MM/2019. ii | MUNICIPAL PLANNING STRATEGY DRAFT This page intentionally left blank. MUNICIPAL PLANNING STRATEGY | iii DRAFT CONTENTS CONTENTS ........................................................................................ iii 1.0 TITLE, PURPOSE, AND SCOPE ............................................... 1 1.1 Purpose ................................................................................................... 2 1.2 Vision and Goals .................................................................................. 3 1.3 Character and Land Use .................................................................... 5 1.4 Policy Approach ................................................................................... 9 1.5 Authority and Scope ......................................................................... 11 2.0 LIVEABLE COMMUNITIES .................................................... 17 2.1 Parks and Open Space ..................................................................... 19 2.2 Transportation .................................................................................... 23 2.3 Housing ................................................................................................. 26 2.4 Heritage ................................................................................................ 29 3.0 GENERAL LAND USE POLICIES ............................................ 33 4.0 COMMUNITY CHARACTER .................................................. 43 4.1 Rural Area ............................................................................................. 45 4.2 Settlement Area ................................................................................. 49 4.3 Hamlet Area ......................................................................................... 60 4.5 Village Area .......................................................................................... 63 5.0 ECONOMIC DEVELOPMENT ................................................ 65 5.1 Industrial and Business Area.......................................................... 66 5.2 Neighbourhood Comprehensive Development District Areas.. ................................................................................................................. 71 6.0 ENVIRONMENTAL SAFEGUARDS ....................................... 77 6.1 Stormwater Management .............................................................. 78 6.2 Watercourse, Water Body, and Wetland Setbacks and Vegetated Buffers .......................................................................................... 81 6.3 Lakefront Overlay .............................................................................. 84 6.4 The Coast and Sea Level Rise ........................................................ 86 iv | MUNICIPAL PLANNING STRATEGY | CONTENTS DRAFT 6.5 Environmental Protection Area .................................................... 88 7.0 SERVICES AND INFRASTRUCTURE .................................... 95 7.1 Sewage Treatment ............................................................................ 97 8.0 SUBDIVISION ..................................................................... 103 8.1 General Subdivision ........................................................................ 104 8.2 Lot Size ................................................................................................ 107 8.3 Lot Access ........................................................................................... 109 8.4 Sewer Services .................................................................................. 112 8.5 Water Services .................................................................................. 114 8.6 Open Space ....................................................................................... 116 9.0 IMPLEMENTATION & ADMINISTRATION ...................... 121 9.1 Public Participation ......................................................................... 122 9.2 Development Officer ...................................................................... 124 9.3 Development Permits .................................................................... 125 9.4 Variances ............................................................................................ 126 9.5 Non-Conforming Uses and Structures .................................... 128 9.6 Site Plan Approval ........................................................................... 129 9.7 Development Agreements ........................................................... 131 9.8 Amendments ..................................................................................... 141 9.9 Reviewing the Municipal Planning Strategy .......................... 145 10.0 ONGOING & FUTURE PROJECTS ..................................... 147 11.0 HISTORY OF MUNICIPAL PLANNING .............................. 149 11.1 Planning Strategies and Land Use By-laws ............................ 149 11.2 Subdivision Control ........................................................................ 150 SECTION 1: INTRODUCTION CONTENTS: Purpose ....................................... 1.1 Vision and Goals...................... 1.2 Character and Land Use ....... 1.3 Policy Approach ...................... 1.4 Authority and Scope .............. 1.5 TITLE, PURPOSE, AND SCOPE | MUNICIPAL PLANNING STRATEGY | 1 DRAFT 1.0 TITLE, PURPOSE, AND SCOPE The Municipality of the District of Chester (the Municipality) covers a large, rural area in Lunenburg County, Nova Scotia. Our region is defined by its rugged coastline, settlements and strong traditions. Over 10,000 people currently live here. Our coastal settlements are among the oldest in Nova Scotia. Our inland populated areas are built on agriculture and forestry. This land is the traditional territory of the Mi’kmaq, who have called the area home for thousands of years. Today, First Nations communities are found in both the northern and coastal areas of the Municipality. Our collective heritage is long and diverse. Traditionally, our economy was based on fishing, farming and forestry. Production of food, clothing and other necessities was done locally. As roads improved and travelling became easier, our connections to other south shore populations centres, Halifax and the Annapolis Valley increased. Our location between Bridgewater, Halifax and the Annapolis Valley is stunning. With hard work and dedication, we will maintain a strong sense of place while supporting a prosperous local economy. We will encourage sustainable economic development. In so doing, we will facilitate opportunities for more jobs and services for our residents, enhance community character, and safeguard our beautiful natural areas. This Municipal Planning Strategy will help the Municipality reach these goals. 2 | MUNICIPAL PLANNING STRATEGY | TITLE, PURPOSE, AND SCOPE DRAFT 1.1 Purpose This Planning Strategy sets out a vision for the Municipality and provides policies that guide and direct growth and development over the long term. It recognizes the established character of the various settled areas within its borders. The strategy reflects how residents would like these areas to evolve and improve in ways that facilitate growth, development and change where needed, while preserving and enhancing the existing character that makes these places attractive to live and work. This Planning Strategy serves as a reference for all citizens: those residing in the Municipality and managing their property; and those engaged in residential, commercial, industrial or institutional development. It includes policies for land use and development control, which are implemented by regulations in the Subdivision By- law and Land Use By-law. This Planning Strategy is one component of the Municipality’s portfolio of long range plans, including the Active Living Strategy (2008), the Integrated Community Sustainability Plan (2009), the Municipal Climate Change Action Plan (2013), the Economic Development Strategy (2013), and Council’s ongoing strategic planning activity. Planning policy, and subsequent regulation, cannot on its own create great places. The Municipality, other levels of government, businesses, community groups and residents all play a role in creating a strong sense of place. Many parts of this Planning Strategy build on prior studies, like the Highway 3 Streetscape Study (2011) and the Age Friendly Housing Study (2016). In addition to policies and regulation, this Municipal Planning Strategy lists actions and programs to facilitate development while maintaining and enhancing existing community character. TITLE, PURPOSE, AND SCOPE | MUNICIPAL PLANNING STRATEGY | 3 DRAFT 1.2 Vision and Goals This Planning Strategy is based on public meetings and public engagement held since 2015. The ideas, input and feedback have led to clear, strong planning policies to direct and guide future growth and development within the Municipality. Council adopted this Municipal vision: The Municipality of the District of Chester will be a self- sufficient and resilient Municipality, built on the foundation of the character of each of our unique communities. Our communities will work together to provide economic opportunities and a balanced lifestyle for all. Feedback during our public engagement events built on and validated this vision. Residents spoke often about the need for strong, unique, complete and healthy places to live and work. They spoke about the need to balance growth and development with the preservation of historic character and the natural environment. Our Shared Goals and accompanying objectives are intended to realize a Municipality that: Safeguards its natural environment by  Recognizing potential threats caused by sea level rise, storm surge and their effect on the coastline and infrastructure  Reducing the rate of erosion and sedimentation in rivers and lakes  Encouraging the protection of water quality  Ensuring that identified, potential public drinking water supplies are protected  Treating and managing stormwater and waste water  Reducing the impact of development on the natural environment Celebrates its character and heritage by  Recognizing and enhancing the unique character of various parts of the Municipality  Encouraging suitable rural and village settlement patterns 4 | MUNICIPAL PLANNING STRATEGY | TITLE, PURPOSE, AND SCOPE DRAFT  Encouraging design that is traditional in scale and form  Facilitating access for all to the coast, to lakes and to rivers  Promoting the preservation of historic places  Providing a mix of places to live, work, play, and learn Builds a strong economy by  Adopting clear regulations and timely approvals  Providing specific areas for commercial and industrial development  Providing cost effective and efficient services to support growth  Fostering an economic environment that supports good jobs Offers appropriate housing choices by  Allowing and encouraging a range of housing to meet the needs of all residents of the Municipality  Encouraging a range of housing and care options for seniors to remain in the Municipality  Encouraging affordable housing Enjoys good social and physical health by  Creating places for outdoor recreation across the Municipality  Designing and promoting accessible spaces  Encouraging and supporting transportation options beyond the private automobile  Connecting residents and visitors with safe cycling and walking routes TITLE, PURPOSE, AND SCOPE | MUNICIPAL PLANNING STRATEGY | 5 DRAFT 1.3 Character and Land Use This Planning Strategy builds on the physical and social character of our Municipality – on our illustrious history as well as on our natural and human resources – to encourage responsible growth. It also addresses certain challenges such as climate change, sea level rise and our aging population. The Planning Strategy is a response to the circumstances of today, but also expresses our vision and goals for the future. The vision and goals of the Planning Strategy are intended to promote and maintain a healthy, liveable Municipality. Different areas have different needs, and no single approach is right for all. Thus, the Planning Strategy contains sets of policies uniquely created to serve different parts of the Municipality. The different parts of the Municipality are defined by their community character. This character defined in the planning strategy in a range from rural (least dense) to village (most dense) – is its basic organizing structure. Close-knit rural settlements are part of the Municipality’s fabric, as are the heritage and traditions associated with each area. However, Rural settlement patterns are changing. In the past, these areas were supported by farming, fishing, forestry and mining. These activities are still important, but they are gradually being supplemented by opportunities in the tourism, culture and technology sectors. Meanwhile, seasonal homes, cottages and outdoor recreation are commonplace, and many residents now travel to nearby towns, or to the Halifax Regional Municipality, for work. These changes have brought about different expectations of a ‘rural’ lifestyle. While the rural hinterland, especially inland waterways and the coast, is attractive to residential users, it also supports a resource economy where farming, forestry, fishing and industry have co- existed for decades. Such activities sometimes involve heavy equipment, truck traffic and noise – a reality in a rural setting. The Planning Strategy recognizes that business and industrial use can be as much a part of the rural character as low-density residential and recreational use. Accordingly, the Strategy encourages new opportunities that build on that character while ensuring 6 | MUNICIPAL PLANNING STRATEGY | TITLE, PURPOSE, AND SCOPE DRAFT compatibility of neighbouring land uses and the safeguarding of the natural environment. The following principles are adopted to help define rural character:  Rural areas have a low population density  Small rural centres – hamlets – provide a focal point for shopping and services  Agriculture, forestry and fishing are critical to rural character  Much of the rural area should remain available for resource industries  Development should have a low impact on the natural environment, to ensure clean air and clean water Each locale within the Municipality has a unique history and context. Some areas have a long-standing mix of land uses, large undeveloped areas and strong resource industries. Others may be faced with more development pressure because of local assets or proximity to larger centres. To account for their distinct needs, this Planning Strategy assigns a Community Character Area to all land within the Municipality. The Community Character Areas are land use designations that accommodate degrees of density, as follows:  Rural Area  Settlement Area  Hamlet Area  Village Area Community Character Areas express how different parts of the Municipality exist today, and how they will grow and change. Rural and settlement areas will continue to have low population densities. They will continue to have a wide mix of land uses, development patterns and large resource sectors. The Village (Chester) and Hamlets will continue to have higher population densities. To respond to development pressure and conflict, these denser Planning Areas will have stricter regulations. TITLE, PURPOSE, AND SCOPE | MUNICIPAL PLANNING STRATEGY | 7 DRAFT There are two special land use designations:  Industrial and Business Area  Environmental Protection Area The purpose of the Industrial and Business Area is to direct heavy industry and business uses – those developments that require large tracts of land or have the potential to impact their surroundings – to specific areas. The purpose of the Environmental Protection Area is to safeguard key sensitive natural resources: watersheds for safe drinking water, and specific islands dedicated to conservation. Therefore, Council adopts the following policies: Policy V-1 All land in the Municipality shall be designated with a Community Character Area that expresses the area’s desired character. Policy V-2 Land in the Municipality shall be designated as an Industrial and Business Area where heavy industrial and intensive business uses shall be directed. Policy V-3 Land in the Municipality shall be designated as an Environmental Protection Area where natural resources shall be safeguarded. Policy V-4 The Municipal Planning Strategy shall identify the desired land uses allowed in each Community Character Area, Industrial and Business Area, and Environmental Protection Area. 8 | MUNICIPAL PLANNING STRATEGY | TITLE, PURPOSE, AND SCOPE DRAFT Policy V-5 The Municipal Planning Strategy shall contain policies and approaches to allow and encourage traditional rural land uses, including forestry, fishing and agriculture, while accommodating economic diversification. Policy V-6 The Municipal Planning Strategy shall create rural zoning that permits a broad range of land uses, in recognition of the mix of uses traditionally found in rural areas. TITLE, PURPOSE, AND SCOPE | MUNICIPAL PLANNING STRATEGY | 9 DRAFT 1.4 Policy Approach Council’s longstanding policy has been to impose minimal planning regulations, unless a group of residents asks for more regulation. This Planning Strategy takes a different approach by providing guidance on how all parts of the Municipality should grow and develop. Under this Planning Strategy, basic planning regulations are in place across the Municipality to protect water quality and other critical common resources. Additionally, this plan establishes basic environmental protections in all zones, as well as regulations that will limit the impact of very large or disruptive developments. Many residents are strongly connected to their land and want few restrictions on how they use it. Other residents desire regulations that would protect existing developed areas from incompatible forms of development. Such regulations include land use policy and policy on building design and physical character. In recognition of the above, Council adopts the following policies: Policy V-7 All land in the Municipality shall be subject to, at a minimum, basic land use regulations that: a) control very large or disruptive land uses; b) safeguard the natural environment. Policy V-8 Council shall consider more restrictive planning regulations when a group of residents has shown that it wishes to consider such regulations. Council shall undertake a public engagement program to understand the wishes of local residents and property owners before creating or approving any amendments. 10 | MUNICIPAL PLANNING STRATEGY | TITLE, PURPOSE, AND SCOPE DRAFT Policy V-9 Notwithstanding Policy V-8, Council, on its own initiative, may consider more restrictive provisions of the Planning Strategy and the Land Use By-law where Council deems that such land use control is in the best interests of the Municipality. Policy V-10 Council intends to control land use and development in a manner that will lessen conflicts between land uses and in a manner that is compatible with the existing pattern of land use in the Municipality. Policy V-11 Land use policies and regulations shall reflect each area’s: a) rural or village context; b) existing land uses; c) community character; d) desire for regulation; e) vision. TITLE, PURPOSE, AND SCOPE | MUNICIPAL PLANNING STRATEGY | 11 DRAFT 1.5 Authority and Scope This Municipal Planning Strategy supersedes the Municipal Planning Strategy approved by the Minister of Housing and Municipal Affairs on July 17, 1997 and thereafter amended. This Plan is the product of a public review process begun in 2014, in accordance with the Municipal Government Act, 1998, c. 18, s. 1. This Planning Strategy provides the policy framework for land use and development control. The Municipal Government Act enables Council to make statements of policy with respect to a broad range of activities including future development, land use, public lands, transportation, municipal services, municipal development, coordination of public programs, and any other matters related to the physical, social or economic development of the Municipality. The Land Use By-law and the Subdivision By-law are the companion documents to this Municipal Planning Strategy. These By-laws are the documents that carry out its intent, as set out in the Municipal Government Act. This Planning Strategy is a policy statement of Council. Council shall have regard to the policies contained within the Municipal Planning Strategy. Council is not required to undertake any action within the Planning Strategy. However, developments cannot proceed unless the intent of the Planning Strategy is met. Although a Municipal Planning Strategy may state policies that are carried out through resolutions of Council or through by-laws other than the Land Use By-law, the Land Use By-law has a special relationship with the Municipal Planning Strategy. The Municipal Government Act states that a Land Use By-law may only be adopted in order to carry out the intent of a Municipal Planning Strategy. Where there is a Land Use By-law in effect, the Act says that a development permit must be obtained for any development, but also allows the By-law to specifically exempt some developments from this requirement. 12 | MUNICIPAL PLANNING STRATEGY | TITLE, PURPOSE, AND SCOPE DRAFT Council adopts the following policies: Policy V-12 This Municipal Planning Strategy applies to the whole of the Municipality of Chester unless otherwise indicated in the Chester Village Secondary Planning Strategy as shown on the Generalized Future Land Use Map, as detailed in Schedule “A”. Policy V-13 The Chester Municipal Land Use By-law applies to the whole of the Municipality of Chester, except for the Village of Chester Planning Area, as shown on the Generalized Future Land Use Map, as detailed in Schedule “A”. 1.5.1 Addressing the Statements of Provincial Interest Development and growth within the municipality must be considered with respect to the Statements of Provincial Interest in the Municipal Government Act. These Statements recognize the importance of: protecting the quality of drinking water; protecting the public and property from flooding risks; protecting agricultural land from inappropriate development; the efficient use of municipal water supply and wastewater disposal systems; and, providing housing opportunities to meet the needs of all Nova Scotians. This Planning Strategy and the policy statements within address each of the five Statements of Provincial Interest as outlined below: Statement of Provincial Interest Regarding Drinking Water This Planning Strategy takes a firm approach on protecting drinking water in the municipality. Policies E-1, E-2 and E3 provide regulation for stormwater while Policies E-4 through E-7 create tiered stormwater provisions to protect groundwater. Policies E-9 through E-24 protect water quality through watercourse, water body, wetland setbacks, vegetated buffers, and a Lakefront Overlay. Finally, within the Environmental Protection Area, Policy establishes the Protected TITLE, PURPOSE, AND SCOPE | MUNICIPAL PLANNING STRATEGY | 13 DRAFT Watershed Zone in the Land Use By-law. The purpose of the Protected Watershed zone is to prevent the contamination of identified potential drinking water sources and their associated watersheds by limiting development and are supported by Policies E-32 through E-35. Statement of Provincial Interest Regarding Flood Risk Areas None of the Flood Risk Areas designated under the Canada-Nova Scotia Flood Damage Reduction Program are located within the municipality; however, Policies in this Planning Strategy work toward reducing stormwater runoff which can contribute to erosion and flooding. Policies E-1 through E-3 and E-5 through E-7 speak directly to the Municipality’s desire to manage the impacts of stormwater. Policies E-25 through E-28 establish coastal provisions for current and future development. Statement of Provincial Interest Regarding Agricultural Land Historically, agriculture has played an important role in shaping the Municipality and continues to be important to this day. Policy G-2 permits agriculture in accordance with normal farm practices defined by the Farm Practices Act throughout the Municipality. Policy G-24 regulates farm animals within specific zones as detailed in the Land Use By-law. Policy G-30 details regulations regarding outdoor cannabis production facilities as an agricultural use. Statement of Provincial Interest Regarding Infrastructure Services, especially water supply and wastewater, are provided at different levels within the municipality. As the Municipality does not have a central water supply, Policies S-19 and S-20 support the development of local water supply systems that are constructed to a high standard and states that Council shall assume ownership of a central water system when certain conditions are met. The Municipality also operates six central sewer systems. Policies S-5 and S-6 allow Council to consider developing and extending central services, efficiently growing systems to nearby developments. Policy SI-2 supports improving solid waste systems and encourages recycling and reducing waste volumes. Policy SI-3 ensures that all 14 | MUNICIPAL PLANNING STRATEGY | TITLE, PURPOSE, AND SCOPE DRAFT major developments are equipped for adequate emergency water supply and emergency vehicle access for firefighting purposes. Additionally, Polices SI-8 through SI-10 permit Council to prioritize and adopt Wastewater Management Districts to provide wastewater services in rural areas while promoting growth in an environmentally and fiscally sustainable manner. Statement of Provincial Interest Regarding Housing Policies L-16, L-17, and L-18 support Council’s initiative to allow for the development of a wide variety of housing options in the Municipality. Policies L-16 and L-17 respond to the varying needs and physical character of the Municipality. These policies allow for and provide a range of development options to enable different housing types and densities. Policy L-18 enables Council to collaborate with organizations, developers, and other groups to facilitate innovative housing and neighbourhood designs, including affordable housing. Policies L-19 and L-20 permit manufactured homes and land lease communities within the Municipality, respectively. Policy V-14 ensures that indigenous communities are informed about any neighbouring events that may be of interest or affect the community. 1.5.2 Working with other Governments and Local Partners As in most rural areas, public services and public utilities in the Municipality of Chester are provided by a network of federal, provincial, municipal, corporate, and volunteer operations. Council has varying levels of responsibility for these services and will work with other levels of government to support and encourage the delivery of these services. Policy V-14 Council will notify and engage with First Nations neighbours in matters of planning and development that may be of interest to, or affect, indigenous communities. TITLE, PURPOSE, AND SCOPE | MUNICIPAL PLANNING STRATEGY | 15 DRAFT Policy V-15 Council will work with federal, provincial, and municipal partners to deliver services such as recreation, transportation, national defense, housing, policing, and education. Policy V-16 Council will work with federal, provincial, and municipal partners to support programs and infrastructure related to fishing, forestry, agriculture, tourism, and other industries. Policy V-17 Council will continue to coordinate with fire commissions, fire departments, and the Village of Chester Commission to facilitate registration of these bodies and ultimately to ensure the provision of adequate fire protection and emergency services for residents of the Municipality. Policy V-18 Council will continue to encourage and support volunteer groups in providing a range of services. 16 | MUNICIPAL PLANNING STRATEGY | TITLE, PURPOSE, AND SCOPE DRAFT SECTION 2: LIVEABLE COMMUNITIES CONTENTS: Parks and Open Space ..... 2.1 Transportation..................... 2.2 Housing ................................. 2.3 Heritage ................................. 2.4 LIVEABLE COMMUNITIES | MUNICIPAL PLANNING STRATEGY | 17 DRAFT 2.0 LIVEABLE COMMUNITIES All members of society desire a high quality of life, regardless of their age, income, or ability. Residents should be able to maintain personal independence and engage in civic and social life. How we plan and develop these areas affects peoples’ lifestyles and health. This Planning Strategy contains policies designed to support and promote the mental, physical and social well-being of residents. A ‘liveable’ community is one in which:  Open space and the natural environment are safeguarded and may be experienced by all  Healthy transportation options allow people to move freely and safely  Affordable, adequate, and suitable housing is available  There is easy access to facilities and services, such as health care, recreation, meeting places, and retail  Neighbourhood design facilitates opportunities to connect with friends, family, and employment Pursuing the goals of this Planning Strategy will help build healthy, connected, liveable communities. This chapter contains policies specifically intended to improve the liveability of communities by addressing parks and open space, active transportation, housing and heritage. Council adopts the following general policies on liveable communities: Policy L-1 Council shall work to foster a healthy built environment within connected, liveable communities that promotes wellness, and builds a sense of belonging and pride. 18 | MUNICIPAL PLANNING STRATEGY | LIVEABLE COMMUNITIES DRAFT Policy L-2 Council shall foster liveable communities by encouraging well- being, creativity, entrepreneurship, grass-roots engagement, and recreation. LIVEABLE COMMUNITIES | MUNICIPAL PLANNING STRATEGY | 19 DRAFT 2.1 Parks and Open Space The policies in this section respond to the following objectives:  Creating passive and active recreation opportunities across the Municipality  Designing public spaces that attract people and activity  Designing and promoting accessible spaces  Facilitating access for all to the coast, to lakes and to rivers 2.1.1 General Policies Every resident requires access to good public open spaces. Parks, trails, beaches and playgrounds provide places to meet neighbours, to play and to exercise. Good public spaces are where all residents and visitors can feel welcome and safe. They serve as a focal point and play a key role in maintaining healthy and vital neighbourhoods. One strength of our Municipality is the proximity to nature and to wilderness areas. This provides natural resources to support personal livelihoods, species habitat, and outdoor recreation for residents. The Municipality plays a central role in providing access to public lands for active and passive outdoor recreation. Public space, however, is about more than green space, especially in the more built-up areas of the Municipality. Streets, sidewalks and small parks are often owned and shared by the public. Street, trail and sidewalk design is particularly important to promote active transportation and healthy lifestyles. The Municipality partners with many groups to make sure these places are safe and accessible. The Municipality works to match recreation projects with the character and needs of each area. In rural areas, the focus is on providing access to protected areas, trails, rivers and other public lands. In small centres and the Village of Chester, the focus is on more formal parks and playgrounds. These types of spaces should be in a central, visible place, and attract a mix of users throughout the year. The Municipality encourages design for public places in such a way that they can be used by all age groups and abilities. 20 | MUNICIPAL PLANNING STRATEGY | LIVEABLE COMMUNITIES DRAFT The Municipality has several ways to dedicate land for parks and public space. It can purchase land or acquire it by donation. During the subdivision process, it can acquire land for parks or public open space or accept cash in lieu of land. To build great parks and good public spaces, it is necessary to first acquire the right land, and second, to design and program it to serve local needs and be part of a network of parks and public spaces throughout the Municipality. The Municipality will focus on obtaining resources to develop parks or acquire high-quality land that will support its goals and will prepare an open space master plan that will outline future recreation needs. Residents have said repeatedly that they desire more access to our coasts, to our lakes and to our rivers. Council will work towards providing more access to the water. Where appropriate, in addition to acquiring more land with water access, the Municipality will acquire land that can be turned into useable, inviting spaces. Council adopts the following general policies on parks and open spaces: Policy L-3 A parks and open space plan shall be undertaken to guide the acquisition and development of parks and open spaces across the Municipality. Policy L-4 Council shall encourage the design of parks and open space which facilitates use by all age groups and all abilities. Policy L-5 Council shall continue to work with other governments and local interest groups to provide parks and open space for residents. LIVEABLE COMMUNITIES | MUNICIPAL PLANNING STRATEGY | 21 DRAFT Policy L-6 Council shall work to advance the goals found within the Municipal Active Living Strategy. Policy L-7 Council shall explore opportunities to obtain properties that have water access and are suitable for recreation. Policy L-8 Council shall explore opportunities and partnerships to provide the public with better waterfront access. 2.1.2 Land adjacent to inland waterways and coastal shores Within the Municipality, parks may be developed by provincial, federal or municipal governments, whether individually or in partnership. However, parks and other places intended for public use can be developed by other public or private organizations, or by individuals. Of special interest is development that provides public access to inland waterways and to coastal shores through the development of parks, open space, or other recreational lands. When no other formal agreement has been established, Council believes that the development of land by interests other than the Municipality of Chester or the Crown, and which provides public access to inland waterways and coastal shores, should be subject to a process that ensures adequate measures are taken to protect the environment, reduce potential land use conflicts and engage the public in the process. 22 | MUNICIPAL PLANNING STRATEGY | LIVEABLE COMMUNITIES DRAFT Council therefore adopts the following policies: Policy L-9 Council shall consider the development of land that provides public access to waterways and coastal shores identified the Generalized Future Land Use Map, which are not owned by the Crown or the Municipality of Chester, or in which the Municipality is not a partner, only by development agreement subject to the policies in sections 9.7.1 and 9.7.4 of this Planning Strategy. For the purpose of this policy, access to inland waterways comprises activities such as, but not limited to, boat launches, beaches, picnic areas, parking areas and associated public amenities. Policy L-10 Prior to a development agreement for a development subject to Policy L-9 being considered by Council or any committee of Council, the developer must hold at least one public information meeting in the local area in which the development is proposed to receive feedback and input from local residents on the design, layout, and use of the development. LIVEABLE COMMUNITIES | MUNICIPAL PLANNING STRATEGY | 23 DRAFT 2.2 Transportation The policies in this section respond to the following objectives:  Encouraging and supporting transportation options beyond the private automobile  Creating connections to safe cycling and walking routes Our transportation systems connect people to jobs, events, and services in their local area. In the modern era, our Municipality has been built around the private automobile as the primary mode of transportation. But residents are now looking for healthier, more environmentally friendly means of transportation, including walking, cycling, and public transit. Additionally, as our population ages, a higher proportion may be unable to drive or have access to a private vehicle. Without alternative forms of transportation, some residents can become isolated from friends and family, important services, and employment opportunities. Encouraging active transportation, such as walking and cycling, will require rethinking how we design and plan for growth and development going forward. It is a long process that will involve continual work, budgeting, and strategic planning. Building sidewalks, paved shoulders, and trails is vital, especially in areas where walking and biking is currently unappealing, or even dangerous. Cycling and walking routes are most critical in places where services are clustered, to help people easily reach services like health care, banks, grocery stores and schools. Additionally, walking and cycling provide opportunities for recreation and active living. New development can support multi-modal access in its design. Providing public transit that is of high enough quality to compete with cars is beyond the means of a rural municipality. The Municipality can, however, focus on supporting alternatives to the car, like “dial-a-ride” transit service. Community Wheels already operates such a service for residents, which offers pre-booked door- to-door service to residents. This type of service provides critical coverage to many people wishing to access shopping, medical appointments and other errands. 24 | MUNICIPAL PLANNING STRATEGY | LIVEABLE COMMUNITIES DRAFT Through this Planning Strategy’s policies Council will give priority to creating more travel options for residents. By supporting walking, cycling and local transit options, residents will have more opportunities for recreation and engagement with one another. When paired with good design, residents and visitors will have better access to the supports and services they need to stay healthy and connected. Council adopts the following policies for transportation: Policy L-11 Council shall give priority to sustainable transportation choices that provide better travel options for residents. Policy L-12 Council shall give priority to cycling and walking improvements that both support long term recreation plans and support practical trips for residents. Policy L-13 Council shall continue to support dial-a-ride transit and other local transit services, through in-kind support, partnerships and other means. Policy L-14 Within the framework of the Active Transportation Policy, Council shall continue to work with the Province to create safe roads, highways, sidewalks, trails, paved shoulders and active transportation routes for all users. Policy L-15 Council shall encourage new development that provides attractive cycling and walking options. LIVEABLE COMMUNITIES | MUNICIPAL PLANNING STRATEGY | 25 DRAFT 26 | MUNICIPAL PLANNING STRATEGY | LIVEABLE COMMUNITIES DRAFT 2.3 Housing The policies in this section respond to the following objectives:  Facilitate development of a range of housing types to meet the needs of all residents of the Municipality  Encourage a range of housing and care options for seniors to remain in their chosen place of residence  Encourage affordable housing For decades, there has been a standard approach to building housing in the Municipality. Houses are often built in rural or suburban subdivisions, just off main roads. In many cases, houses are separated from other uses like stores or workplaces. In some cases, housing itself is sorted by type: single-unit housing in one area; two-unit or multi-unit housing in other areas. While this model may have had merits in the past, our demographics and development patterns are changing. Households are becoming smaller, family units are more diverse, and our senior population is continually growing. Furthermore, economic forces are making homes less affordable. Census (Statistics Canada, 2016) data reveal that 18.5% of households in the Municipality are spending 30% or more of their income towards housing costs. Additionally, many households report housing that needs major repair, or is not suitable for the size of their household. Thus, our housing stock is not always well-suited to the needs of residents. A liveable community means one where everyone, regardless of age, income, or ability, can access housing that is in a state of good repair, is suitable for the size of their household, and is affordable. While providing housing assistance is the Province’s mandate, municipalities must take on a supporting role for affordable housing initiatives. Council’s approach to support affordable housing includes creating a land use framework that minimizes barriers to creating new affordable housing and special needs housing. This includes assessing the need and supply of these housing types and developing solutions appropriate to the area. The Municipality can support affordable housing by allowing for more density where appropriate, whether in the form of two-unit or multi-unit LIVEABLE COMMUNITIES | MUNICIPAL PLANNING STRATEGY | 27 DRAFT developments, manufactured homes, or other compact housing options. Council has also directed that central sewer service, where it exists, is to be used efficiently. This means allowing more housing in areas with services, which lowers servicing cost. Additionally, the municipality can work with community groups and developers to encourage the design and development of innovative housing solutions and neighbourhoods to meet the diverse housing needs of our citizens. Council adopts the following policies to address housing in the Municipality: Policy L-16 Council shall encourage a range of housing types and densities that respond to the needs and physical character of each area, including but not limited to: housing for varied household sizes, housing for seniors and others with special housing needs, and affordable housing. Policy L-17 The Land Use By-law shall provide for a range of development approaches, including but not limited to development agreements, mixed-use zoning, varied residential types and densities, two-unit and multi-unit developments, manufactured housing and alternative development standards, to encourage the development of innovative housing concepts. Policy L-18 Council may work with organizations, with non-profit and cooperative groups and with developers to encourage innovative neighbourhood design and housing approaches, including affordable housing, in the Municipality. 28 | MUNICIPAL PLANNING STRATEGY | LIVEABLE COMMUNITIES DRAFT 2.3.1 Manufactured homes and land lease communities Manufactured homes, constructed off-site for placement and final assembly on a lot, are an affordable alternative to traditional single and multiple-unit housing types. Whether developed as one unit per lot or as multiple units on a lot to form a land lease community, they are permitted in most Rural and Settlement planning areas. It is important for this type of development to be designed to ensure a high standard of living for residents, including having roads sufficient for emergency vehicle access and waste collection, and adequate storm drainage. For this reason, larger land lease communities shall be approved by development agreement. Council adopts the following policies for manufactured homes and land lease communities: Policy L-19 Manufactured homes shall be permitted in all zones, unless otherwise stated in the Land Use By-law. Policy L-20 Where permitted, land lease communities shall only be approved by Development Agreement. LIVEABLE COMMUNITIES | MUNICIPAL PLANNING STRATEGY | 29 DRAFT 2.4 Heritage The policies in this section respond to the following objectives:  Recognizing and enhancing the unique character of each character area defined in this Strategy  Preserving and celebrating historic places The Municipality of Chester is rich in heritage resources. These are expressed in three ways:  Customs, values and traditions, including those belonging to Indigenous peoples, those inherited from early settlers, and those brought here by new arrivals;  Buildings of architectural or historical importance, as well as neighbourhoods and streetscapes that contribute to the character of an area;  Landscapes shaped by human activity (known as cultural landscapes), and special places that may hold significant archaeological artifacts. The preservation and celebration of the Municipality’s heritage and cultural landscapes is important because it contributes to a sense of place and identity for residents. At the same time, local customs, values and traditions, as well as places with a distinct, historic character, are of interest to visitors from near and far. In Nova Scotia, heritage properties are protected under the Heritage Property Act. At the time of this Plan’s adoption by Council, Chester Municipality contained forty-five registered Municipal Heritage Properties. Significant alteration or demolition of any registered heritage property requires Council approval. The Act also enables the designation of heritage conservation districts and cultural landscapes. Important archaeological or paleontological sites are recognized and protected under the Special Places Protection Act. One site, Oak Island, is protected under the Oak Island Treasure Act. When feasible, the Province of Nova Scotia assists owners of registered heritage properties with grants for repair, restoration and 30 | MUNICIPAL PLANNING STRATEGY | LIVEABLE COMMUNITIES DRAFT technical advice. Additionally, the Province has adopted national standards and guidelines for the conservation of heritage resources. Council recognizes that preserving heritage is important to social and economic well-being, and that promoting heritage can benefit the local economy. There should, therefore, be standard approaches to stewardship of heritage buildings, landscapes and special places. Council adopts the following policies for the recognition, preservation and celebration of heritage: Policy L-21 Council shall maintain a Register of Municipal Heritage Properties and shall encourage the continued registration of properties pursuant to the Heritage Property Act. Policy L-22 Council shall adopt the Standards and Guidelines for the Conservation of Historic Places in Canada in evaluating substantial alterations to Registered Heritage Properties. Policy L-23 Council shall work with property owners and heritage organizations to designate buildings, districts and cultural landscapes of historical and/or architectural importance. Policy L-24 Council shall cooperate with the Province of Nova Scotia in raising awareness of heritage programs that affect residents and property owners in the Municipality. LIVEABLE COMMUNITIES | MUNICIPAL PLANNING STRATEGY | 31 DRAFT Policy L-25 Council shall cooperate with the Province of Nova Scotia in matters pertaining to the protection of places of potential archeological significance. Policy L-26 Council shall continue to work with community groups as they promote and celebrate their cultural heritage through initiatives such as interpretation, distinctive civic signs, and promotion of places and events. SECTION 3: GENERAL LAND USE POLICIES GENERAL LAND USE POLICIES | MUNICIPAL PLANNING STRATEGY | 33 DRAFT 3.0 GENERAL LAND USE POLICIES It is the intention of Council, in implementing the key goals and policies of this Planning Strategy, to control land use and development in a manner that will minimize conflicts between land uses, and to encourage development that preserves and enhances both the natural and living environments in the Municipality. Certain matters listed in this section apply to all Community Character Areas, the Industrial and Business Area, and the Environmental Protection Area. Council adopts the following general land use policies: Permitted Uses Policy G-1 Unless otherwise indicated as a permitted use in a zone within the Land Use By-law, the use shall be prohibited in the zone specified. Policy G-2 Notwithstanding Policy G-1, agriculture in accordance with normal farm practices as defined in the Farm Practices Act, and forestry in accordance with Nova Scotia’s forest management guidelines, shall be permitted in any Community Character Area zone. 34 | MUNICIPAL PLANNING STRATEGY | GENERAL LAND USE POLICIES DRAFT Policy G-3 Any lot of land may be used for a purpose permitted in the zone in which it is located, provided the zone standards can be satisfied, including: a) all lots created prior to the effective date of this Planning Strategy; b) all lots created through subdivision approval under any provision of the Provincial Subdivision Regulations or the Subdivision By-law; c) all lots created by any event for which subdivision approval is not required. Habitation of Motor Vehicles Policy G-4 The Land Use By-law shall prohibit cars, trucks and other motor vehicles from being used for permanent human habitation unless otherwise specified. Temporary and Special Uses Policy G-5 Council shall permit, without a development permit, temporary structures incidental to construction, including but not limited to scaffolding and structures for storage of equipment and material. Policy G-6 Council shall permit, without a development permit, the use of banners, display booths and similar structures in conjunction with an election, festival, celebration or special event. GENERAL LAND USE POLICIES | MUNICIPAL PLANNING STRATEGY | 35 DRAFT Policy G-7 Council shall consider yard sales or auctions of personal property on a lot to be a temporary use not requiring a development permit. Policy G-8 Council shall place limits on the length of time that any temporary or special use may remain in place. Accessory and Ancillary Uses Policy G-9 Council shall permit an accessory use, building, or structure that is incidental or essential to the permitted use for each Zone, subject to the requirements of the Land Use By-law. Policy G-10 Unless otherwise permitted in the Zone, Council shall prohibit the use of an accessory structure for human habitation in any zone. Policy G-11 Council shall permit parks, playgrounds and other non- commercial recreation uses in all Community Character Area zones. Policy G-12 Unless otherwise prohibited in the Zone, Council shall permit places of worship and cemeteries in all Community Character Area zones. 36 | MUNICIPAL PLANNING STRATEGY | GENERAL LAND USE POLICIES DRAFT Access and Public Safety Policy G-13 Council shall establish, in the zones where they are appropriate, minimum yard requirements for separation between adjacent buildings as well as between buildings and lot lines, for adequate fire separation, emergency vehicle access, on-site parking, maintenance of buildings and land, private outdoor space, solar exposure, air circulation, separation from watercourses or water bodies, and separation of land uses to reduce land use conflicts. Policy G-14 Council shall establish use-specific parking standards as appropriate in the Land Use By-law, and where developments are permitted by development agreement or site plan approval, the agreement or approval shall make provision for adequate parking and access to serve the development proposal. Signs Policy G-15 Council may regulate or prohibit the type, number, size and location of signs, through appropriate provisions in the Land Use By-law. Fences Policy G-16 Council may regulate, require or prohibit fences, walks, outdoor lighting and landscaping. GENERAL LAND USE POLICIES | MUNICIPAL PLANNING STRATEGY | 37 DRAFT Outdoor Storage, Landscaping & Alteration of Land Levels Policy G-17 In connection with a development, Council may regulate or prohibit the altering of land levels, the excavation or filling in of land, the placement of fill or the removal or soil, unless these matters are regulated by another enactment of the Province. Policy G-18 In connection with a development, Council may regulate or require the planting or retention of trees, and vegetation for the purpose of landscaping, buffering, sedimentation or erosion control. Policy G-19 Council may regulate or prohibit the outdoor storage of goods, materials, waste materials, aggregates and other items and require outdoor storage sites to be screened by landscaping or structures. Home-based Business Policy G-20 Council shall permit home-based businesses as specified within the Land Use By-law and may set limits to the size and type of business to ensure that they remain small-scale and compatible with neighbouring uses. Policy G-21 Council may regulate signs, open storage and outdoor display of home-based businesses in order to minimize impacts on adjacent residential uses. 38 | MUNICIPAL PLANNING STRATEGY | GENERAL LAND USE POLICIES DRAFT Policy G-22 Council may set out conditions, including performance standards, to be met by a development before a development permit may be issued. Radio Communication Facilities Council recognizes that the sole authority for issuing licenses for radiocommunications facilities lies with the Federal Government under the Radiocommunications Act. The Municipality is a participating Land Use Authority with the Canadian Radiocommunications Information and Notification Service (CRINS). Policy G-23 Council shall authorize the Canadian Radiocommunications Information and Notification Service (CRINS) to conduct siting, review and public consultation processes in accordance with the CRINS Antenna System Siting Review and Consultation Protocol, Reference Issue 3 [2014] (as amended from time to time). The role of the Municipality shall be to provide input and comments as part of this Protocol. Farm Animals The rearing, breeding, boarding, sheltering and keeping of Farm Animals has a longstanding history throughout many parts of the Municipality. Council wishes to maintain a balance between private property owner’s ability to grow and produce food, with concerns around water quality protection, pests and nuisance, such as odour and noise associated with Farm Animals. Council has committed to further study in this area, which may lead to future amendments to the planning documents. In the interim, Council wishes to maintain existing regulations for Farm Animals as specified in the Land Use By- law. Policy G-24 Council shall regulate the rearing, breeding, boarding, sheltering and keeping of Farm Animals only within specified zones as GENERAL LAND USE POLICIES | MUNICIPAL PLANNING STRATEGY | 39 DRAFT detailed in the Land Use By-law. In all other areas, the rearing, breeding, boarding, sheltering and keeping of Farm Animals does not require a development permit. Electrical Generation Facilities Council wishes to encourage and support the development of renewable energy in a responsible manner that does not negatively impact existing neighbourhoods or land uses. As with many aspects of development, Council wishes to establish a balance that allows for residential scale renewable energy development while clearly distinguishing commercial scale development which is subject to greater restrictions related to location and approval. Relaxation of regulations is provided for solar collectors attached to a building. Policy G-25 Council shall regulate Electrical Generation Facilities based on the type of installation and the overall energy production rating in various zones, as specified in the Land Use By-law. Policy G-26 The Land Use By-law shall detail regulations, including setbacks and approval processes for Electrical Generation Facilities. This includes distinguishing between residential and commercial scale Electrical Generation Facilities. Policy G-27 In areas where yard setbacks apply, off-building solar collectors shall not be located within the Front Yard. Policy G-28 The Land Use By-law does not regulate building materials or include provisions for architectural controls. As an extension of this logic, Council shall not require a development permit for any Solar Collector that is attached to a building. 40 | MUNICIPAL PLANNING STRATEGY | GENERAL LAND USE POLICIES DRAFT Cannabis Production Facilities With recreational cannabis use recently becoming legal in Canada, Council expressed a desire to be prepared and form clear policy and regulations outlining the requirements to develop a Cannabis Production facility within the Municipality. With the understanding that Health Canada enforces strict requirements relating to setbacks, security and nuisance emitting from Cannabis Production Facilities, Council wishes to avoid duplication and therefore distinguishes between Cannabis Production Facilities which operate completely within a building, from those operations that involve outdoor cultivation, harvesting or processing. Policy G-29 The Land Use By-law shall establish regulations for Cannabis Production Facilities and shall distinguish between Indoor and Outdoor Cannabis Production Facilities. Policy G-30 Indoor Cannabis Production Facilities, due to strict federal licensing requirements, are considered a light industrial use and shall be permitted subject to zone standards for light industrial uses. Outdoor Cannabis Production Facilities are considered an agricultural use and subject to additional controls as detailed in the Land Use By-law. Recreational Vehicles The use of recreational vehicles (RV’s) for temporary or seasonal habitation has a longstanding history in the Municipality. Conflicts arising between permanent residents occupying traditional housing forms and seasonal or temporary RV users have led to regulations for RV’s in several zones. These regulations allow Council to control the use of RV’s where desired, while not overburdening RV users in more rural areas. GENERAL LAND USE POLICIES | MUNICIPAL PLANNING STRATEGY | 41 DRAFT Policy G-31 The Land Use By-law may establish regulations for Recreational Vehicles varying by zone, including yard setbacks, requirement for temporary Development Permit, length of stay, placement on vacant lots and other regulations as specified. 42 | MUNICIPAL PLANNING STRATEGY | GENERAL LAND USE POLICIES DRAFT SECTION 4: COMMUNITY CHARACTER CONTENTS: Rural Area ............................. 4.1 Settlement Area .................. 4.2 Hamlet Area ......................... 4.3 Village Area .......................... 4.4 COMMUNITY CHARACTER | MUNICIPAL PLANNING STRATEGY | 43 DRAFT 4.0 COMMUNITY CHARACTER The policies in this section respond to the following objectives:  Recognizing and enhancing the unique character of each locale within the Municipality  Encouraging suitable rural and village settlement patterns  Reducing the impact of development on the natural environment  Providing specific areas for commercial and industrial development  Providing cost effective and efficient services to support growth The Municipality is made up of many communities. Some are very rural, while others are small hamlets or villages. Recognizing and enhancing each area’s unique character is the key principle behind this plan’s organizing structure. As communities are defined by their physical and cultural characteristics, they belong within specific Community Character Areas. The Community Character Areas are:  Rural Area  Settlement Area  Hamlet Area  Village Area Character Areas are descriptive, in that they explain how each community is physically laid out. They are also visionary, as they describe the desired outcome for each community. Each Area has policies that describe the developments and land uses allowed in that designation. Each Area also has policies describing what level of regulation is appropriate. For example, some rural communities will have few regulations under the Land Use By-law. Different zones may be applied to different land within each Area. 44 | MUNICIPAL PLANNING STRATEGY | COMMUNITY CHARACTER DRAFT In recognition of these considerations, Council adopts the following policies: Policy CC-1 The Generalized Future Land Use Map shall depict the Community Character Areas in the Municipality. Policy CC-2 The Zoning Map in the Land Use By-law shall depict the extent of all zones. Policy CC-3 The Municipal Planning Strategy policies shall describe: a) the desired character of each Community Character Area; b) the types of land use appropriate in each Community Character Area; c) the appropriate zones and regulations that may apply in each Community Character Area. Policy CC-4 Council may regulate the external appearance of structures. COMMUNITY CHARACTER | MUNICIPAL PLANNING STRATEGY | 45 DRAFT 4.1 Rural Area The Rural Area provides land for economic activity and adds to the beauty of the Municipality. A mix of wilderness, resource lands and rural development make up the Area. A low population density with mostly single unit homes is part of this Area’s character. Resource industries are a key part of the rural economy, including forestry, fishing and natural resource processing. Agriculture, the raising of farm animals, and food production are also part of the rural fabric. Supporting a rural lifestyle, with access to open space, nature and traditional industries, is an important principle. The Rural Area therefore allows a broad range of land uses and buildings. Environmental regulations – especially for water quality – are now in place to safeguard communal resources. During the Plan Review process, the importance of sound environmental stewardship was made clear from public feedback. At the same time, many rural residents expressed a desire for a low level of regulation. To balance these aspirations, this Planning Strategy only applies environmental standards to larger projects, and to projects that may have a sizeable impact on water quality. The General Basic Area permits all land uses and developments with the exception of heavy industrial use. Heavy industry includes uses that create emissions like excessive noise, odour, ash, dust or heavy vibrations. It also includes dangerous uses that should be separated from other uses. These include bulk storage of petroleum, heavy metals, ore, caustic chemicals or dangerous goods. Council has decided that these uses should be allowed only within the Industrial and Business Area. While stronger environmental standards for large developments in the Rural Area are stipulated, there remain few land use regulations for small developments. As in other Areas, regulations are stricter for larger or more intensive projects. Certain developments such as golf courses, abattoirs, and fur farming may have impacts on neighbouring uses – for example noise, dust and odour – such that they will require approval by site plan approval or development agreement. 46 | MUNICIPAL PLANNING STRATEGY | COMMUNITY CHARACTER DRAFT Council adopts the following policies for the Rural Area: Policy CC-5 A Rural Area designation shall be created which shall generally be placed on lands outside of the more densely developed regions of the Municipality. The extent of the Rural Area designation shall be identified on the Generalized Future Land Use Map. Policy CC-6 The intent of the Rural Area designation is to: a) encourage the continuation of a moderately changing and diverse rural landscape; b) permit a broad range of land uses and structures; c) provide land use regulations for larger and more intensive uses; d) allow for a range of development options that are consistent with the types of development occurring in rural areas; e) safeguard the natural environment. 4.1.1 General Basic Zone POLICY GOALS:  to exempt common low-impact uses from land use standards  to identify a range of development standards that will be applied in order to minimize potential impacts of intensive uses Council therefore adopts the following policies: Policy CC-7 A General Basic Zone shall be created to carry out the intent of the Rural Area designation by: a) permitting a broad range of land uses and structures; b) regulating larger, more intensive uses that may impact rural character. COMMUNITY CHARACTER | MUNICIPAL PLANNING STRATEGY | 47 DRAFT Policy CC-8 Notwithstanding Policy G-1, all land uses other than heavy industrial are permitted in the General Basic Zone, unless otherwise indicated in the Land Use By-Law. Policy CC-9 The General Basic Zone shall regulate permitted uses and site standards depending on their size and their impact. Policy CC-10 The General Basic Zone shall only be applied in the Rural Area. Policy CC-11 In the General Basic Zone, site plan approval shall be utilized in accordance with the provisions of the Municipal Government Act to regulate: a) moderate-density residential development; b) small abattoirs; c) commercial salvage yards not subject to Provincial licensing; d) other moderately-sized light industrial developments. Policy CC-12 In the General Basic Zone, development agreements shall be utilized in accordance with the provisions of the Municipal Government Act to permit: a) high density residential developments and land lease communities; b) golf courses; c) aquaculture; d) contaminated soil facilities; e) other large light industrial developments; f) public waterfront parks not owned by the Municipality. 48 | MUNICIPAL PLANNING STRATEGY | COMMUNITY CHARACTER DRAFT Policy CC-13 In the General Basic Zone, development agreements shall be utilized in accordance with the provisions on the Municipal Government Act to permit: a) large abattoirs; b) fur farming; c) aggregate processing over six months duration; where, in addition to relevant criteria in policies found in sections 9.7.1 and 9.7.2 of this Planning Strategy, and applicable Provincial standards, Council shall establish terms and conditions for setbacks from property lines and watercourses or water bodies, distances from existing residential, institutional and recreational buildings, screening, buffering, and protection from emissions including but not limited to noise, dust, smoke, odour and artificial light. COMMUNITY CHARACTER | MUNICIPAL PLANNING STRATEGY | 49 DRAFT 4.2 Settlement Area The Settlement Area covers land near Highway 103 and Highway 3. While still having a rural feel, settlement patterns are more concentrated and steady growth is likely in this Area. The Settlement Area is created to encourage and prepare for development in a manner that is compatible with both the environment and cultural character of different parts of the Municipality. Emphasis shall be on encouraging well-designed settled areas that support future residential growth complemented by businesses, institutions, and light industry. It also regulates larger developments, and some uses that have the potential to negatively impact neighbourhoods. Some parts of this Area were zoned General Basic under the previous Municipal Planning Strategy, but Council has created the Settlement Area to lessen land use conflicts in more built up areas. The Settlement Area is unique in that some residents tend to relate more to suburban lifestyles than traditional rural ones. Thus, there is a need to create zones more tailored to these forms of development. There is also a need to create a comprehensive planning approach to safeguard the rural landscape that residents value so highly. The zones created are:  The Single Unit Residential Zone – carried over from the previous Municipal Planning Strategy for established residential neighbourhoods to ensure the continuity of a quiet residential character;  The Settlement Residential Zones – carried over from the Rural Residential and Low Density Residential Zones near the Village of Chester and applied to several parts of the Settlement Area where a predominantly residential rural character is most evident;  The Mixed-Use Zone – widely applied for areas requiring a low level of regulation, especially over small developments. Most regulations are in place to lessen conflicts which may occur when larger uses are proposed for the area;  The Coastal Island One Zone – respects the ecological integrity of islands by limiting intense development and is 50 | MUNICIPAL PLANNING STRATEGY | COMMUNITY CHARACTER DRAFT applied to coastal islands, traditionally outside the Chester Village Planning Area, which are not donated in trust or owned by the Municipality;  The Coastal Island Two Zone – is applied to islands historically governed by the Chester Village Land Use By-law that are held in private ownership. New lots are required to maintain a large lot area to further limit development density and preserve ecological integrity of the islands;  The Gateway Zone – applied on the outskirts of some hamlets and the Village of Chester, where tighter controls for large commercial, light industrial, institutional and multi-unit residential projects are applied. Therefore, Council adopts the following policies for the Settlement Area: Policy CC-14 A Settlement Area designation shall be created, which shall generally be placed on the more densely-populated areas primarily south of Highway 103 that have experienced modest development pressures. The extent of the Settlement Area shall be identified on the Generalized Future Land Use Map. Policy CC-15 The intent of the Settlement Area designation is to: a) permit a mix of uses that can foster cohesive development of moderate density; b) provide a varying level of regulation which recognizes the diversity of the different development patterns within the Settlement Area; c) prepare for development, especially near major highways; d) encourage development compatible with the Area’s character; e) ensure that commercial and light industrial development is well-designed and does not create highway strip development; f) safeguard the natural environment, especially water quality. COMMUNITY CHARACTER | MUNICIPAL PLANNING STRATEGY | 51 DRAFT Policy CC-16 The policies of the Settlement Area shall be implemented by: a) creating the Single-Unit Residential Zone; b) creating the Settlement Residential Zones; c) creating the Mixed-Use Zone; d) creating the Coastal Island One Zone; e) creating the Coastal Island Two Zone; f) creating the Gateway Zone; g) providing setbacks, yard sizes and site standards for rural uses, including the keeping of farm animals and the processing of natural resources; h) prohibiting heavy industrial uses and fur farming. 4.2.1 Single-Unit Residential Zone POLICY GOAL:  to safeguard the character and foster the stability of established single-unit residential neighbourhoods, while limiting or prohibiting other land uses Council adopts the following policies for the Single-Unit Residential Zone: Policy CC-17 The Single Unit Residential Zone shall be applied only in the Settlement Area and shall generally be applied to existing residential neighbourhoods primarily consisting of single-unit dwellings. The extent of the Single Unit Residential Zone shall be shown on the Zoning Map in the Land Use By-law. Policy CC-18 The Single-Unit Residential Zone shall: a) permit single unit dwellings as the primary land use; b) permit limited types of home-based businesses; c) regulate the use of Recreational Vehicles; 52 | MUNICIPAL PLANNING STRATEGY | COMMUNITY CHARACTER DRAFT d) prohibit all other uses including the keeping of farm animals. 4.2.2 Settlement Residential Zones POLICY GOALS:  to safeguard the essential character of rural residential areas  to permit limited commercial and light industrial uses, as well as farming and natural resource processing  to prohibit intensive uses Council adopts the following policies for the Settlement Residential Zones: Policy CC-19 The Settlement Residential One Zone and the Settlement Residential Two Zone shall be created in the Land Use By-law and shall only be applied in the Settlement Area, the extent of which shall be shown on the Zoning map in the Land Use By- law. Policy CC-20 In the Settlement Residential Zones, the permitted land uses, levels of land use intensity, and approval processes shall be tiered according to their assigned level, and shall: a) permit single-unit and two-unit dwellings as the primary land uses; b) permit small-scale commercial, institutional, and light industrial uses; c) prohibit heavy industrial uses and a range of intensive commercial and institutional uses. Policy CC-21 The Land Use By-law shall allow the following uses in the Settlement Residential Zones by development permit: a) single unit and two unit dwellings on a lot; COMMUNITY CHARACTER | MUNICIPAL PLANNING STRATEGY | 53 DRAFT b) small-scale commercial, institutional and light industrial uses; c) forestry processing; d) within the Settlement Residential One zone the rearing, breeding, boarding, sheltering and keeping of Farm Animals subject to provisions within the Land Use By-law. Policy CC-22 In the Settlement Residential Zones, site plan approval and development agreements shall be utilized in each zone according to levels of land use intensity to regulate: a) moderate and high density residential developments; b) moderately-sized commercial, institutional and light industrial uses; c) land lease communities; d) golf courses; e) public waterfront parks not owned by the Municipality. 4.2.3 Mixed-Use Zone POLICY GOALS:  to encourage the continued development of the Municipality’s traditional mix of rural land uses in populated areas  to identify a range of development standards that will be applied to moderately intensive uses in order to minimize their impact on neighbourhoods, the environment and the existing character of the area  to prohibit highly intensive uses Council therefore adopts the following policies for the Mixed- Use Zone: 54 | MUNICIPAL PLANNING STRATEGY | COMMUNITY CHARACTER DRAFT Policy CC-23 A Mixed-Use Zone shall be applied only in the Settlement Area and the extent shall be shown on the zoning map in the Land Use By-law. Policy CC-24 Within the Mixed-Use Zone, it shall be the intent of Council to: a) allow a range of residential, commercial, institutional and light industrial uses; b) provide modest setbacks for certain rural uses, commercial and light industrial uses and forestry processing; c) prohibit heavy industrial uses and fur farming. Policy CC-25 In the Mixed-Use Zone, a development permit shall be required for: a) low density residential developments; b) small commercial, institutional and light industrial developments; c) forestry processing; d) small campgrounds, RV Parks and tourist accommodations. Policy CC-26 In the Mixed-Use Zone, site plan approval shall be utilized in accordance with the provisions of the Municipal Government Act to regulate the site design of: a) moderate density residential developments; b) large commercial, institutional and light industrial developments; c) small salvage yards not requiring Provincial approval; d) small abattoirs; e) moderately-sized tourist accommodations; f) aggregate processing up to six months duration. COMMUNITY CHARACTER | MUNICIPAL PLANNING STRATEGY | 55 DRAFT Policy CC-27 In the Mixed-Use Zone, development agreements shall be utilized in accordance with the provisions of the Municipal Government Act to permit: a) high density residential developments; b) golf courses; c) aquaculture; d) large campgrounds and RV parks and tourist accommodation developments; e) aggregate processing over six months duration; f) public waterfront parks not owned by the Municipality. 4.2.4 Coastal Island One Zone POLICY GOAL:  to limit development on coastal islands not owned by the Municipality in order to safeguard their character as well as their ecological integrity Council adopts the following policies for the Coastal Island One Zone: Policy CC-28 A Coastal Island One Zone shall be created in the Land Use By- law and shall be applied to coastal islands not owned by the Municipality, which are located outside of the historic Chester Village Planning Area. The extent of the Coastal Island One Zone shall be shown on the Zoning Map in the Land Use By- law. Policy CC-29 The Coastal Island One Zone shall: a) permit single unit dwellings; b) permit home-based businesses; c) permit limited eco-tourism uses as well as small-scale commercial and institutional uses; d) permit aquaculture and forestry processing uses. 56 | MUNICIPAL PLANNING STRATEGY | COMMUNITY CHARACTER DRAFT Policy CC-30 The Land Use By-law shall allow for the approval of the following permitted uses in the Coastal Island Zone by development permit. a) single unit dwellings; b) home-based businesses; c) aquaculture; d) small-scale campgrounds and tourist accommodation; e) small-scale commercial and institutional uses; f) forestry processing. 4.2.5 Coastal Island Two Zone POLICY GOALS:  to limit development on coastal islands not owned by the Municipality in order to safeguard their character as well as their ecological integrity  to preserve the traditional low development density on islands, close to Chester Village. These islands were traditionally governed by the Chester Village Land Use By-law. New lots are required to maintain large lot area and frontage along the ocean Policy CC-31 A Coastal Island Two Zone shall be created in the Land Use By- law and shall be applied to coastal islands not owned by the Municipality, which are located within the historic Chester Village Planning Area. The extent of the Coastal Island Two Zone shall be shown on the Zoning Map in the Land Use By- law. Policy CC-32 The Coastal Island Two Zone shall: a) permit single unit dwellings; b) permit home-based businesses; COMMUNITY CHARACTER | MUNICIPAL PLANNING STRATEGY | 57 DRAFT c) permit limited eco-tourism uses as well as small-scale commercial and institutional uses; d) permit aquaculture and forestry processing uses. Policy CC-33 Newly created lots within the Coastal Island Two Zone shall: a) require a minimum lot area of 4 hectares; b) require a minimum 150m of shoreline frontage along the ocean. Policy CC-34 The Land Use By-law shall allow for the approval of the following permitted uses in the Coastal Island Two Zone by development permit. a) single unit dwellings; b) home-based businesses; c) aquaculture; d) small-scale campgrounds and tourist accommodation; e) small-scale commercial and institutional uses; f) forestry processing. 4.2.6 Gateway Zone POLICY GOALS:  to accommodate high-growth potential expected at entry points to hamlets and the Village of Chester  to ensure that residential, commercial, institutional and light industrial uses are designed to be mutually compatible Council adopts the following policies for the Gateway Zone: Policy CC-35 A Gateway Zone shall be created in the Land Use By-law and shall be applied only in the Settlement Area. The extent of the Gateway Zone shall be shown on the Zoning Map in the Land Use By-law. 58 | MUNICIPAL PLANNING STRATEGY | COMMUNITY CHARACTER DRAFT Policy CC-36 The Gateway Zone shall: a) allow for a range of residential, institutional, commercial, and light industrial uses; b) encourage commercial development by allowing as-of- right development for most commercial uses; c) require buildings be kept closer to the street, through implementation of a Maximum Yard Setback as specified in the Land Use By-law; d) prohibit heavy industrial uses, fur farming and other industrial uses that are incompatible with the intent of the Settlement Area. Policy CC-37 In the Gateway Zone, a development permit shall be required for: a) single unit and low density residential developments; b) commercial, institutional and light-industrial developments; c) forestry processing. Policy CC-38 In the Gateway Zone, site plan approval shall be utilized in accordance with the Municipal Government Act to regulate the site design of: a) moderate density residential developments; b) large commercial and light industrial developments; c) small campgrounds, RV Parks and tourist accommodations. Policy CC-39 In the Gateway Zone, development agreements shall be utilized in accordance with the Municipal Government Act to regulate: a) high density residential developments and land lease communities; COMMUNITY CHARACTER | MUNICIPAL PLANNING STRATEGY | 59 DRAFT b) golf courses; c) large campgrounds and RV parks; d) kennels; e) large tourist accommodations; f) public waterfront parks not owned by the Municipality. 60 | MUNICIPAL PLANNING STRATEGY | COMMUNITY CHARACTER DRAFT 4.3 Hamlet Area Hamlets are small settled areas with a distinct commercial centre and a cluster of housing. They are denser and offer more services than either the Rural or Settlement Areas. They are hubs that provide services to the surrounding area, while their settings and landmarks are familiar to area residents and thus make a strong contribution to the Municipality’s physical character. Churches, halls, volunteer fire departments, legions, clubs and societies generally locate in these areas and help to bind them together. The purpose of the Hamlet Area is to preserve the character of these more developed hubs. Hamlets were zoned General Basic in the previous Municipal Planning Strategy. To preserve and enhance the area’s character, the Hamlet designation provides regulations for large developments, and prohibits some incompatible developments. The cores of Chester Basin, Western Shore, Hubbards and New Ross are the areas considered to be Hamlet Areas. Development will be regulated through the Hamlet Zone. Council adopts the following policies for the Hamlet Areas: Policy CC-40 The Hamlet Area designation shall be created and shall be generally placed in areas that have a mix of land uses in more densely built-up areas. The extent of the Hamlet Areas shall be identified on the Generalized Future Land Use Map. Policy CC-41 The intent of the Hamlet Area designation is to: a) encourage development compatible with the existing character of each hamlet; b) permit a range of residential developments; c) permit modest sized business and light industrial uses; d) be a focus for investment in local infrastructure. COMMUNITY CHARACTER | MUNICIPAL PLANNING STRATEGY | 61 DRAFT Policy CC-42 The policies of the Hamlet Area shall be implemented by creating the Hamlet Zone. 4.3.1 Hamlet Zone POLICY GOALS:  to recognize, preserve and enhance the unique character of the settlements of New Ross, Hubbards, Chester Basin and Western Shore by applying regulations for residential, commercial, institutional and light industrial developments that will minimize conflict with the existing character of these areas  to be a focus for investment in services and public amenities Council therefore adopts the following policies for the Hamlet Zone: Policy CC-43 A Hamlet Zone shall be created in the Land Use By-law and shall be applied only in the Hamlet Area. The extent of the Hamlet Zone shall be shown on the Zoning Map in the Land Use By-law. Policy CC-44 The Hamlet Zone shall: a) permit a range of residential, commercial, institutional and light industrial uses; b) prohibit heavy industrial uses, fur farming and other industrial uses that are incompatible with the Hamlet Area. 62 | MUNICIPAL PLANNING STRATEGY | COMMUNITY CHARACTER DRAFT Policy CC-45 In the Hamlet Zone, a development permit shall be required for: a) single-unit and low density residential developments; b) small commercial, institutional and light-industrial developments; c) small campgrounds, RV parks and tourist accommodations; d) marinas. Policy CC-46 In the Hamlet Zone, site plan approval shall be utilized in accordance with the Municipal Government Act to regulate the site design of: a) moderate density residential developments; b) moderate commercial, institutional and light industrial developments. Policy CC-47 In the Hamlet Zone, development agreements shall be utilized in accordance with the Municipal Government Act to permit: a) high density residential developments; b) land lease communities; c) public waterfront parks not owned by the Municipality. COMMUNITY CHARACTER | MUNICIPAL PLANNING STRATEGY | 63 DRAFT 4.5 Village Area Chester Village is the most developed and dense area of the Municipality. The unique needs of the Village are considered in a Secondary Planning Strategy. The Strategy provides policies for community character, for heritage, and for development control in the Village. Council therefore adopts the following policies for the Village Area: Policy CC-48 A Secondary Planning Strategy and Land Use By-law shall be created for the Chester Village Planning Area, as shown on the Generalized Future Land Use Map. Policy CC-49 The Chester Village Secondary Planning Strategy and the Chester Village Land Use By-law shall provide policies and regulations to enhance community character and protect heritage within the Chester Village Planning Area. Policy CC-50 General Land Use policies from this Municipal Planning Strategy shall apply in the Village of Chester Planning Area, unless otherwise stated in the Secondary Planning Strategy. Policy CC-51 Where there is any conflict between the policies of this Municipal Planning Strategy and the policies of the Secondary Planning Strategy, the Secondary Planning Strategy shall prevail within the Village of Chester. 64 | MUNICIPAL PLANNING STRATEGY | COMMUNITY CHARACTER DRAFT SECTION 5: ECONOMIC DEVELOPMENT CONTENTS: Industrial and Business Area .... 5.1 ECONOMIC DEVELOPMENT | MUNICIPAL PLANNING STRATEGY | 65 DRAFT 5.0 ECONOMIC DEVELOPMENT The policies in this section respond to the following objectives:  Adopting clear regulations and timely approvals  Providing specific areas for commercial and industrial development  Providing opportunities for innovative forms of development through the use of Comprehensive Development Districts  Providing cost effective and efficient services to support growth  Fostering an economic environment that supports good jobs The Municipality is designating specific areas for heavy industrial and business development, in order to help grow the economy. Resilient Municipalities need to build strong economies, to give residents meaningful, year-round work, provide resources to pay for services, and help attract and retain residents. 66 | MUNICIPAL PLANNING STRATEGY | ECONOMIC DEVELOPMENT DRAFT 5.1 Industrial and Business Area The Industrial and Business Area Designation is a special planning designation. Its purpose is to provide a place exclusively for industrial and commercial development. Business and industry look for many things when building or expanding. One of these is the ready availability of appropriate land in the right location. Providing areas that are pre-zoned for industry and business is a new approach for the Municipality. Apart from the land owned by the Municipality at Kaizer Meadow, land to be designated Industrial and Business Area was zoned General Basic under the previous Municipal Planning Strategy. This new Area is created to provide developers with certainty that their projects will be quickly approved. Specific zoning will also ensure that incompatible uses, such as homes or schools, will not locate there and create potential conflict because of noise, dust or odour from some industrial uses. Industrial and commercial buildings often have large parking areas, yards and outdoor storage, which have the potential to increase runoff and harm water quality. Therefore, like other uses, they will be subject to stormwater management provisions in the Land Use By- law. In addition, regulations for outdoor storage, screening and commercial access may be included. A Business Park Zone exists to identify land for a business park and to accommodate these needs. The Kaizer Meadow zones apply to municipally owned properties on Highway 14, which together make up the site of the Kaizer Meadow Solid Waste Centre. Restricting disruptive industries to a remote area, near an already established use such as a landfill, is a suitable way to limit their impact on neighbouring rural uses. Therefore, Council adopts the following policies for the Industrial and Business Area designation: Policy EC-1 An Industrial and Business Area designation shall be created at the discretion of Council and the extent of the area shall be identified on the Generalized Future Land Use Map. ECONOMIC DEVELOPMENT | MUNICIPAL PLANNING STRATEGY | 67 DRAFT Policy EC-2 The intent of the Industrial and Business Area designation is to: a) enable the zoning of land specifically for industrial and commercial uses; b) provide suitable locations for new businesses and expanding businesses to locate with a clear approval process; c) encourage development compatible with industrial and commercial uses; d) prohibit residential development in this Area. Policy EC-3 The policies of the Industrial and Business Area designation shall be implemented by: a) creating the Business Park Zone; b) creating the Kaizer Meadow Industrial Zone; c) creating the Kaizer Meadow Zone; d) providing appropriate environmental standards through regulations in the Land Use By-law. Policy EC-4 Heavy industrial uses shall be permitted in the Kaizer Meadow Industrial Zone and Council may consider amendments to this Municipal Planning Strategy that would allow heavy industrial uses outside the Kaizer Meadow Industrial Zone. 68 | MUNICIPAL PLANNING STRATEGY | ECONOMIC DEVELOPMENT DRAFT 5.1.1 Business Park Zone POLICY GOALS:  to accommodate high-growth commercial and light industrial uses in key strategic areas of the municipality by providing places for development as of right  to ensure that commercial and light industrial uses are designed to be compatible with surrounding land uses Council adopts the following policies for the Business Park Zone: Policy EC-5 A Business Park Zone shall be created in the Land Use By-law at the discretion of Council and the extent of the zone shall be shown on the Zoning Map of the Land Use By-law. Policy EC-6 The Business Park Zone shall: a) contain land exclusively for uses commonly found in business parks, such as commercial and light industrial uses; b) provide yard and setback standards. Policy EC-7 The Business Park Zone shall allow the approval of permitted uses by development permit. 5.1.2 Kaizer Meadow Industrial Zone POLICY GOALS:  to accommodate the development of industrial, distribution, and manufacturing uses that, by nature of their intensity, may be incompatible with other types of land use activities  to ensure that such uses meet provincial environmental standards ECONOMIC DEVELOPMENT | MUNICIPAL PLANNING STRATEGY | 69 DRAFT Council adopts the following policies for the Kaizer Meadow Industrial Zone: Policy EC-8 A Kaizer Meadow Industrial Zone shall be created in the Land Use By-law and the extent of the Zone shall be shown on the Zoning map of the Land Use By-law. Policy EC-9 The Kaizer Meadow Industrial Zone shall: a) provide only for industrial uses, including heavy industry; b) require setbacks from property lines when not shared with other properties zoned Kaizer Meadow or Kaizer Meadow Industrial; c) require setbacks and maintain a vegetated buffer around watercourses, waterbodies and wetlands Policy EC-10 The Kaizer Meadow Industrial Zone shall list permitted developments, which shall be approved by development permit. Policy EC-11 The Kaizer Meadow Industrial Zone shall permit developments requiring environmental assessment pursuant to the Nova Scotia Environmental Assessment Regulations by development agreement. 5.1.3 Kaizer Meadow Zone POLICY GOALS:  to accommodate the potential expansion to the Kaizer Meadow Solid Waste Centre  to ensure adequate separation through buffering between industrial uses in the Kaizer Meadow Industrial Zone and neighbouring properties 70 | MUNICIPAL PLANNING STRATEGY | ECONOMIC DEVELOPMENT DRAFT Council adopts the following policies for the Kaizer Meadow Zone: Policy EC-12 A Kaizer Meadow Zone shall be created in the Municipal Land Use By-law and the extent of the Zone shall be shown on the Zoning map of the Land Use By-law. Policy EC-13 The Kaizer Meadow Zone shall: a) enable the potential expansion to the Solid Waste Centre; b) provide a buffer between potentially disruptive uses and nearby properties; c) require setbacks and maintain a vegetated buffer around watercourses, waterbodies and wetlands; c) require setbacks from property lines when not shared with other properties zoned Kaizer Meadow or Kaizer Meadow Industrial. Policy EC-14 The Kaizer Meadow Zone shall list permitted developments, which shall be approved by development permit, and shall prohibit heavy industrial uses. Policy EC-15 The Kaizer Meadow Zone shall provide a buffer (which shall consist of natural vegetation, bio-swales or other means), such that development between Highway 14 and where this zone meets the Kaizer Meadow Industrial Zone shall be restricted to recreation and outdoor activities. ECONOMIC DEVELOPMENT | MUNICIPAL PLANNING STRATEGY | 71 DRAFT 5.2 Neighbourhood Comprehensive Development District Areas Traditional zones utilized in the Municipality typically list permitted and prohibited developments and are generally rigid in their application and requirements. As markets and development pressures have changed, there is demand and desire to create more flexible zoning regulations for areas which are planned to be developed in a phased manner over time. This designation will only be applied to areas of land that total more than 5 Hectares and are intended to be developed and used together as part of a larger development proposal. Municipal Council wishes to allow for and encourage innovative forms of neighbourhood projects in appropriate locations through the use of Comprehensive Development Districts. These projects are centered on residential uses, but often include other complimentary uses such as Commercial, Institutional and Light Industrial. A Comprehensive Development District is a planning tool used to facilitate preplanned, phased projects of a medium to large scale. The Neighbourhood Comprehensive Development District (NCDD) will permit residential projects and ancillary Commercial, Institutional and Light Industrial uses. Within the NCDD, a Development Agreement is required to outline and regulate the provisions and requirements for each site or phase of the project. The NCDD will provide opportunities for innovation that may include privately owned cluster septic systems, private road networks and bare land condominium projects, substantial development on a single lot without requiring subdivision into individual building lots. As the NCDD is designed for larger, longer term projects, this designation will only be applied to a property or combination of properties with a minimum area of 5 Hectares. The NCDD has been designed and implemented in a manner which allows flexibility for Developers, in conjunction with a public participation process to ensure the comments and concerns of the surrounding community are heard and considered. 72 | MUNICIPAL PLANNING STRATEGY | ECONOMIC DEVELOPMENT DRAFT A Development Agreement will be required to initiate any project within the NCDD zone. An exemption for existing lots listed in the Land Use By-law will permit up to two dwelling units per lot by Development Permit. Council adopts the following policies for the Neighbourhood Comprehensive Development District Areas: Policy EC-16 establish the Neighbourhood Comprehensive Development District (NCDD) Zone within the Municipal Land Use By-law as indicated on the GFLUM and Zoning Map; Policy EC-17 facilitate the phased build-out of medium to large scale residential developments. These lands may be under multiple ownership or owned by a single entity; Policy EC-18 ensure that before entering into a Development Agreement within the NCDD Zone, Council shall be satisfied that the proposed project is primarily residential in character. The intent of the NCDD Zone is to facilitate innovative, residentially oriented communities through more flexible, alternate development opportunities; Policy EC-19 only be applied to one or more properties with a minimum contagious total area of 5 Hectares; Policy EC-20 primarily facilitate residential uses, however, ancillary commercial, institutional and light industrial uses, appropriately scaled to the development, shall be permitted by Development Agreement. ECONOMIC DEVELOPMENT | MUNICIPAL PLANNING STRATEGY | 73 DRAFT 5.2.1 Neighbourhood Comprehensive Development District Zone POLICY GOALS:  to allow for and encourage innovative forms of residential projects in appropriate parts of the Municipality  to provide opportunities for Developers to present alternative models for ownership (bare land condominium), septic services, water services and private road networks.  to be applied to lands within the Municipality where appropriate and supportive of new planned residential communities. Council adopts the following policies for the Neighbourhood Comprehensive Development District Zone: Policy EC-22 allow, by Development Permit, up to two dwelling units per lot for existing lots listed in the Land Use By-law; Policy EC-23 allow, by Development Permit, Municipal Parks and recreation areas and amenities; Policy EC-24 by Development Agreement subject to Section 9.7 Development Agreements, consider flexibility relating to density, dwelling type, servicing by cluster system and private water systems; Policy EC-25 prohibit all forms of Heavy Industrial use within the NCDD Zone; Policy EC-26 control the subdivision of land within the NCDD Zone through a Development Agreement and subject to the Subdivision By-law. Known subdivisions shall be addressed in the initial 74 | MUNICIPAL PLANNING STRATEGY | ECONOMIC DEVELOPMENT DRAFT Development Agreement, any additional consolidation or division of property will require amendment to the Development Agreement, while boundary adjustments to existing parcels do not require a Development Agreement or amendment. 76 | MUNICIPAL PLANNING STRATEGY | ECONOMIC DEVELOPMENT DRAFT SECTION 6: ENVIRONMENTAL SAFEGUARDS CONTENTS: Stormwater Management ............ 6.1 Setbacks & Vegetated Buffers .... 6.2 Lakefront Overlay ............................ 6.3 The Coast and Sea Level Rise ..... 6.4 Environmental Protection Area .. 6.5 ENVIRONMENTAL SAFEGUARDS | MUNICIPAL PLANNING STRATEGY | 77 DRAFT 6.0 ENVIRONMENTAL SAFEGUARDS The policies in this section respond to the following objectives:  Protecting infrastructure from sea level rise and storm surges  Reducing the rate of erosion and sedimentation in rivers and lakes  Encouraging the protection of water quality  Treating and managing storm water and waste water 78 | MUNICIPAL PLANNING STRATEGY | ENVIRONMENTAL SAFEGUARDS DRAFT 6.1 Stormwater Management Development changes the pattern of water runoff. Development replaces natural surfaces with hard surfaces like asphalt, roofs, decks and concrete. These hard surfaces do not absorb or hold water. Water flows off them quickly, instead of being slowed down by plants or soils. Heavily developed land, with lots of hard surfaces, can create much more surface runoff than a natural landscape. This additional surface runoff is known as stormwater. Stormwater causes three major issues. First, large quantities of stormwater can erode stream banks and cause flooding. Second, dirt and pollutants, such as oil and phosphorous, are carried by stormwater into water bodies. Third, stormwater does not pass through hard surfaces and absorb into the ground, which can reduce aquifer recharge. Aquifers provide fresh well-water for many residents. Policies in this Planning Strategy are in place to control the quantity and quality of stormwater, to protect freshwater streams, lakes and wetlands. Many progressive stormwater techniques keep water on site and let it soak into the ground, thus helping recharge aquifers. Managing stormwater is increasingly important when considering the impacts of climate change, which includes extreme precipitation as a potential hazard. This Planning Strategy makes provision for tiered stormwater standards in the Land Use By-law, thus enabling different regulations for developments based on their size and intensity. Large residential, commercial, institutional, and industrial developments will be subject to stormwater management requirements. Council adopts the following policies for stormwater regulations: Policy E-1 The Land Use By-law may contain a range of stormwater regulations for developments of different size and intensity. Large residential, commercial, institutional and industrial developments shall have the strictest regulations. ENVIRONMENTAL SAFEGUARDS | MUNICIPAL PLANNING STRATEGY | 79 DRAFT Policy E-2 Stormwater standards shall be developed and shall have regard for the anticipated impacts of climate change. They may include quantitative, performance standards for: a) sediment concentrations (total suspended solids); b) chemical concentrations, such as phosphorous or nitrogen; c) peak flow rates and total stormwater volumes. Policy E-3 The Land Use By-law shall indicate which developments require a professional engineer to verify that stormwater infrastructure will meet stormwater standards. Protecting our lakes, rivers and wetlands requires the Municipality to work with other governments and with community groups. The Municipality may look at how to encourage groups and residents to implement stormwater management practices. In particular, the Municipality may work with the Province to encourage infrastructure design that protects water quality. Council adopts the following policies for stormwater management: Policy E-4 The Municipality may work with the Province to ensure that roads, ditches, culverts and other infrastructure are designed to protect water quality. Policy E-5 The Municipality may explore and enter into partnerships with other governments and local groups on stormwater management and water quality projects. 80 | MUNICIPAL PLANNING STRATEGY | ENVIRONMENTAL SAFEGUARDS DRAFT Policy E-6 Council may work with developers and other local partners to implement ongoing water quality monitoring projects, where deemed necessary. Policy E-7 Council may develop and implement a stormwater management education program, including guidelines to provide the public with information regarding flood risk, stormwater flows, aquifer recharge, water quality and protection of natural habitat. Policy E-8 Council may prescribe methods for controlling erosion and sedimentation during the construction of a development. ENVIRONMENTAL SAFEGUARDS | MUNICIPAL PLANNING STRATEGY | 81 DRAFT 6.2 Watercourse, Water Body, and Wetland Setbacks and Vegetated Buffers Vegetated buffers are areas next to a watercourse that are left undisturbed. Their function is to slow down water runoff and to filter out sediment and chemicals. The roots of plants in the buffer also hold together the soil in stream banks and lake shores, protecting these areas from erosion. The purpose of a vegetated buffer is to encourage protection of water quality, control sedimentation and erosion, and maintain stable stream banks. Vegetated buffers around watercourses, water bodies and wetlands are one of the most effective tools to protect water quality. Developments that have buildings and paved areas produce more runoff and dirtier runoff, both of which lower water quality. Vegetated buffers reduce the impact of development by filtering stormwater, so that clean, fresh water remains available for wildlife habitat, for drinking water and for recreation. Many factors impact the effectiveness of buffers. Wider buffers protect water quality better than narrow buffers. Buffers along the entire watercourse length protect water quality better than buffers along just a portion of a stream or shoreline. Finally, buffers with a dense mix of trees, shrubs, small plants and grasses are more effective than thin buffers with only grass or small plants. Land use planning can help retain intact buffers to ensure water quality does not decrease. Council requires that larger projects keep or replant vegetated buffers. Larger projects are regulated since they have the largest potential impacts on buffers and water quality. Although repairing buffers is important, land use regulations are not the only way to achieve this goal. Working with property owners, and environmental groups can help repair buffers and improve water quality. To track success, water monitoring programs may also be explored, as needed. 82 | MUNICIPAL PLANNING STRATEGY | ENVIRONMENTAL SAFEGUARDS DRAFT Council adopts the following policies on watercourse/water body setbacks and vegetated buffers: Policy E-9 Developments requiring a development permit shall set all buildings back from the edge of any watercourses, water bodies and wetlands as shown in the Provincial 1:10,000 topographic database. Policy E-10 A natural, vegetated buffer shall be maintained for larger developments that require a site plan approval or a development agreement. Policy E-11 Notwithstanding Policy E-9, small accessory structures, as defined in the Land Use By-law may be permitted in the watercourse setback, subject to a development permit. Policy E-12 A natural vegetated buffer shall maintain mostly existing vegetation, as specified in the Land Use By-law. Policy E-13 If required by elsewhere in this document or the Land Use By- law, when a natural vegetated buffer has been removed, or is not practical to be maintained, a suitable alternative shall be required. An environmental study completed by a qualified professional shall demonstrate that this alternative will provide a similar level of protection for water quality by minimizing sediment and chemicals in runoff. ENVIRONMENTAL SAFEGUARDS | MUNICIPAL PLANNING STRATEGY | 83 DRAFT Policy E-14 The Municipality shall explore programs and partnerships that encourage residents and businesses to repair or replant buffers where vegetation has been removed. Policy E-15 The Municipality shall explore programs and partnerships to monitor and report on freshwater quality, as needed. 84 | MUNICIPAL PLANNING STRATEGY | ENVIRONMENTAL SAFEGUARDS DRAFT 6.3 Lakefront Overlay Lakefront and cottage developments add to the vibrancy and economy of rural areas. The enjoyment and attractiveness of lakes, however, depends on clean water. Unregulated development practices near lakes can damage water quality. The Municipality wants to ensure development protects the water quality of our lakes. This Planning Strategy balances the protection of lakes with the desire for lakefront development by creating a Lakefront Overlay in the Land Use By-law. The Lakefront Overlay’s purpose is to protect water quality. Several approaches are used in the Lakefront Overlay to protect water quality. Vegetated buffers are a simple and effective approach, but they must also allow views, docks and access to the water. Restricting the total area covered by hard surfaces (gravel, concrete, roofs, and asphalt) also reduces the amount of runoff entering lakes. Quantitative standards to limit sediment and chemicals in runoff may be adopted through the Land Use By-law. Finally, major new developments in the Lakefront Overlay may need to become part of a Wastewater Management District. These Districts will ensure septic systems work properly. Together, these approaches help protect our precious lakes. Council adopts the following policies for lakefronts: Policy E-16 The Lakefront Overlay shall be created which may be applied to all zones and shall be applied to land surrounding lakes as indicated in the Land Use By-law. Policy E-17 The intent of the Lakefront Overlay shall be to protect water quality. ENVIRONMENTAL SAFEGUARDS | MUNICIPAL PLANNING STRATEGY | 85 DRAFT Policy E-18 Lakefront development may require vegetated buffers, stormwater standards, limited paving surfaces and wastewater management districts depending on the size of development, as specified in the Land Use By-law. Policy E-19 The Land Use By-law shall allow for the same uses in the Lakefront Overlay as in the zone in which the designated lake is located, but all development shall require a development permit. Policy E-20 Small accessory structures, as defined in the Land Use By-law may be permitted in the vegetated buffer, subject to a development permit. Policy E-21 The Land Use By-law may include additional stormwater standards, specific to the Lakefront Overlay, including provisions for stormwater management practices. Policy E-22 The Land Use By-law shall include a limit on hard surfaces in the Lakefront Overlay. Policy E-23 The Land Use By-law may specify the size of developments in the Lakefront Overlay that shall be part of a Wastewater Management District. 86 | MUNICIPAL PLANNING STRATEGY | ENVIRONMENTAL SAFEGUARDS DRAFT 6.4 The Coast and Sea Level Rise The Municipal Climate Change Action Plan (2013) identified sea level rise as one of thirteen potential hazards that could occur as a result of global warming and weather extremes. The Municipality’s many coastal settled areas are especially vulnerable to these effects. The average sea level is expected to rise between 1.5 m and 2 m in Nova Scotia by the year 2100. Storm surges, which push water and waves to abnormal heights during extreme storms, could reach 5 m in height above the current high water mark by 2100. Sea level rise will also increase the speed of coastal erosion. These changes will have large impacts on our coastal areas, affecting marine habitats as well as the livelihoods of people who live and work there. Planning must anticipate and acknowledge threats to private property and public infrastructure. Different parts of the shoreline react differently to sea level rise. Coastal marshes and dunes are forced inland by rising sea levels. Coastal cliffs made of hard bedrock resist erosion, but coastlines made of soft sandstones or loose till may erode quickly. Coastline exposed directly to ocean waves will erode more quickly than sheltered bays or harbours. The different combinations of waves, tides and coastline mean that no two parts of the coastline will erode at precisely the same rate, year after year. For these reasons, continual monitoring and study of the coastline is needed to ensure public safety and to protect property. Properties within the coastal area may be threatened by sea level rise in three ways: rising sea levels; eroding coastlines; and storm surges. The Municipality has the responsibility to raise awareness of the inherent risk associated with development on or near the coast, particularly in low-lying areas or areas prone to erosion. ENVIRONMENTAL SAFEGUARDS | MUNICIPAL PLANNING STRATEGY | 87 DRAFT Council adopts the following policies for the coast: Policy E-24 The Municipality shall, where possible, partner with other governments, with community groups and with institutions to continually monitor and predict the rate of erosion and along the coastline. Policy E-25 The Municipality shall collect and analyse future information and data related to the impacts of climate change as it affects coastal areas, including through mapping and scientific indicators. Policy E-26 The Municipality shall continually update its infrastructure planning and maintenance to respond to evolving sea level rise threats. Policy E-27 Council shall consider adopting a Coastal Hazard Risk Map to identify areas in proximity to low-lying and sensitive areas such as beaches, dune systems and coastal wetlands in order to protect development from storm surge and coastal erosion. Policy E-28 Council shall consider requiring waivers for any development in the coastal hazard area, which states that developers are aware of the risks posed by climate change and release the Municipality from all liability. 88 | MUNICIPAL PLANNING STRATEGY | ENVIRONMENTAL SAFEGUARDS DRAFT 6.5 Environmental Protection Area The Environmental Protection Area designation addresses two specific land types requiring protection:  Potential drinking water sources  Lands placed in trust, donated to the Municipality or otherwise held for the purpose of conservation Drinking water is a crucial issue, especially in Chester Village. Several conceptual plans and studies have been conducted on a central water system for the Village using Spectacle Lake as a water source. To protect a future water supply, Spectacle Lake was designated a Protected Watershed under the former Chester Village Secondary Planning Strategy. To preserve the potential of Spectacle Lake as a water source, land uses will be strictly controlled to minimize the possibility of contaminating the lake water. Engineering studies have also identified the feasibility of diverting the water flow from the northern watershed of Mill Brook into Spectacle Lake. To ensure an adequate supply of clean water, the same land use controls extend to this watershed. In the event that other lake-water sources are deemed to be viable options, this Area designation may be applied to any area within the Municipality. Over the years, a number of islands in Mahone Bay and St. Margaret’s Bay have been placed in trust or donated to the Municipality for the purpose of conservation. For the islands so designated, only research, education or passive recreation uses will be permitted. Council may further apply this designation to any land that has been specifically dedicated by the owners for the long-term conservation of natural habitat. The only permeant structures permitted within the Conservation Zone shall be those erected by or under the guidance of the Municipality. ENVIRONMENTAL SAFEGUARDS | MUNICIPAL PLANNING STRATEGY | 89 DRAFT Council adopts the following policies for the Environmental Protection Area designation: Policy E-29 An Environmental Protection Area designation shall be created, the extent which shall be shown on the Generalized Future Land Use Map. Policy E-30 The intent of the Environmental Protection Area designation is to: a) limit development and strictly control land use in designated lands; b) safeguard the ecological integrity of designated lands in order to protect drinking water and preserve natural habitat. Policy E-31 The policies of the Environmental Protection Area designation shall be implemented by: a) creating the Protected Watershed Zone; b) creating the Conservation Zone; c) strictly limiting or prohibiting land use in the interests of environmental protection. 6.5.1 Protected Watershed Zone POLICY GOAL:  to prevent the contamination of identified potential drinking water sources and their associated watersheds by limiting development 90 | MUNICIPAL PLANNING STRATEGY | ENVIRONMENTAL SAFEGUARDS DRAFT Council adopts the following policies for the Protected Watershed Zone: Policy E-32 A Protected Watershed Zone shall be created to carry out the intent of the Protected Watershed Policy Goal and its extent shall be shown in the Zoning Map in the Land Use By-law. Policy E-33 The Protected Watershed Zone may only be applied to an Environmental Designation, at the discretion of Council. Policy E-34 The Protected Watershed Zone shall: a) permit single unit dwellings on large lots; b) permit water supply treatment and distribution uses; c) prohibit commercial and industrial uses; d) prohibit livestock operations; e) prohibit new public roads and subdivision on private roads; f) contain special requirements for new structures associated with permitted land uses including measures to protect water quality such as watercourse buffers; g) require a large minimum lot size and a large minimum lot frontage. Policy E-35 The Land Use By-law shall allow for the approval of uses permitted in the Protected Watershed Zone by development permit. ENVIRONMENTAL SAFEGUARDS | MUNICIPAL PLANNING STRATEGY | 91 DRAFT 6.5.2 Conservation Zone POLICY GOAL  to safeguard the ecological integrity of lands placed in trust, donated to the Municipality or otherwise designated for the purpose of conservation Council adopts the following policies for the Conservation Zone: Policy E-36 A Conservation Zone shall be created in the Land Use By-law. Its extent shall be shown on the Zoning Map in the Land Use By-law. Policy E-37 The Conservation Zone may only be applied to an Environmental Designation, on land dedicated by its owners for conservation by: a) conveying the land to a conservation organization; b) conveying the land to government; or c) establishing conservation easements for lands owned by an Authorized Body. Policy E-38 The Conservation Zone shall allow only research, education and passive recreation uses including structures owned or installed by the Municipality. Policy E-39 The Land Use By-law shall not allow for the construction of any permanent structures, including wharves and docks, in the Conservation Zone, except those owned or installed by the Municipality of the District of Chester. 92 | MUNICIPAL PLANNING STRATEGY | ENVIRONMENTAL SAFEGUARDS DRAFT Policy E-40 The Land Use By-law shall allow for the approval of uses permitted in the Conservation Zone by development permit. 94 | MUNICIPAL PLANNING STRATEGY | ENVIRONMENTAL SAFEGUARDS DRAFT SECTION 7: SERVICES AND INFRASTRUCTURE CONTENTS: Sewage Treatment ............. 7.1 SERVICES AND INFRASTRUCTURE | MUNICIPAL PLANNING STRATEGY | 95 DRAFT 7.0 SERVICES AND INFRASTRUCTURE The policies in this Section respond to the following objectives:  Reducing the impact of development on the natural environment  Providing cost effective and efficient services to support growth  Ensuring drinking water supplies and aquifers are protected  Treating and managing stormwater and waste water The Municipality raises money through taxes and grants from the Province. Money is spent on services, including providing basic services like central sewage and Municipal roads. Ensuring that quality services are delivered cost-effectively is critical to the well- being of the Municipality. Council adopts the following policies for services and infrastructure: Policy SI-1 Where financially sustainable, Council shall maintain, improve, and expand municipal services, facilities, and programs. Policy SI-2 Council shall maintain and improve the system of solid waste collection and disposal, including programs for recycling material and reducing the volume of waste. Policy SI-3 Council shall ensure that all major development is designed to allow emergency vehicle access and includes adequate water supply for fire fighting. 96 | MUNICIPAL PLANNING STRATEGY | SERVICES AND INFRASTRUCTURE DRAFT Policy SI-4 Council shall retain the services of a Municipal Engineer, who shall be responsible for the review and approval of all engineering drawings and proposals for all municipal services, including central sewer systems, central water systems and public roads. SERVICES AND INFRASTRUCTURE | MUNICIPAL PLANNING STRATEGY | 97 DRAFT 7.1 Sewage Treatment Treating sewage is critical to protecting human health and water quality. Sewage treatment decisions have a large effect on the cost of development and development options. Policies on sewage services are needed for responsible growth to occur. The Municipality has a mix of public sewer systems and private on- site systems. The public central systems have pipes and pumping stations, which collect sewage from many homes and send it to a central treatment location. Public systems are operated and funded by the Municipality, through a sewer rate. In more rural areas, people have on-site septic systems. Approval to build on-site systems is under Provincial jurisdiction, but the Municipality has a clear interest in ensuring proper treatment. 7.1.1 Central Sewer Systems As of 2019, the Municipality operates six central systems:  Mill Cove’s treatment plant was built in 1967 and serves just over 60 connections.  Otter Point’s system was built in 1976 and serves just over 20 connections. Sewage is treated by a sand filter bed system.  Chester Basin’s system serves 5 connections, with a sand filter bed system.  Western Shore’s treatment plant was built in 1975 and serves over 330 connections.  Chester Village’s treatment plant was built in 1974 and serves about 800 connections.  New Ross’s sand filter bed system was built in 2011 and serves almost 20 connections. In general, central services are not appropriate for few units or areas of very low density. Some of these systems, however, were built to fix small, localized pollution problems caused by failing on-site septic systems. The result is that several of our systems serve a small number of residents at a high cost per connection. 98 | MUNICIPAL PLANNING STRATEGY | SERVICES AND INFRASTRUCTURE DRAFT Sewer options have improved dramatically since many systems were built, however, money available from other levels of government to build and maintain these systems is not consistent. The Municipality is concerned with long term financial sustainability associated with the construction and maintenance of central services. Wastewater management districts offer a flexible solution to both environmental and financial priorities. Each Wastewater District is paid for by the users, while being controlled and maintained by the Municipality to ensure environmental concerns are adequately addressed. In recognition of the above, Council adopts the following policies for sewer systems: Policy SI-5 Council shall consider requests to extend or develop central services to permit new developments, or to connect existing structures or properties to central services. Policy SI-6 Council may require new developments adjacent to existing central services to connect to those services where capacity exists. SERVICES AND INFRASTRUCTURE | MUNICIPAL PLANNING STRATEGY | 99 DRAFT Policy SI-7 Council may consider some or all of the following before approving extensions to the collection system: a) the environmental appropriateness of any new, extended or adopted systems; b) the appropriateness and cost-effectiveness of alternative on-site systems; c) the Municipality’s ability to pay for capital costs and long term maintenance of extending the collection system; d) the ability to access funding from other levels of government; e) the developer or property owner’s ability and willingness to contribute to the costs of any extension; f) the increased revenue from an increase in sewer connections; and f) the existence or potential for establishment of a Wastewater Management District in order to allow wastewater treatment alternatives. 7.1.2 Wastewater Management Districts A Wastewater Management District (WMD) is a technique used to provide appropriate, cost-effective wastewater service in rural areas. WMDs allow municipalities to manage privately owned, on-site septic systems. WMDs ensure that on-site systems have regular upkeep and maintenance, which helps prevent failures. The Municipality can access outside funding and provide subsidies for private systems. Finally, WMDs provide more opportunities to use innovative approaches, like cluster systems. The Municipality may create WMDs as a means to help implement this Planning Strategy. WMDs will allow more growth in denser areas – like Hamlets and the Village – while protecting water quality. Council may also put WMDs in place near lakes and other sensitive areas. 100 | MUNICIPAL PLANNING STRATEGY | SERVICES AND INFRASTRUCTURE DRAFT WMDs are structured to provide residents with flexibility and choice. Existing developments may join the WMD voluntarily, but new development must join the WMD. This approach will accomplish several objectives:  providing support to residents with on-site services;  ensuring proper sewage disposal;  encouraging innovative sewage treatment;  supporting denser development;  providing residents with choice. To support appropriate, cost-effective wastewater disposal, Council adopts the following policies on Wastewater Management Districts: Policy SI-8 When establishing Wastewater Management Districts, Council shall adopt a By-law that specifies: a) the boundaries of all Wastewater Management Districts; b) the properties or on-site systems that must become part of a District; c) the properties or on-site systems that may voluntarily become part of a District; d) the criteria to accept properties into a District; e) the responsibility of the Municipality with regard to designing, building, maintaining, upgrading and replacing on-site systems within a District; f) the responsibility of property owners with regard to designing, building, maintaining, upgrading and replacing on-site systems within a District; g) the charges or rates, if any, that are applied to properties within the District; h) the financial support, if any, that is available to property owners in the District. SERVICES AND INFRASTRUCTURE | MUNICIPAL PLANNING STRATEGY | 101 DRAFT Policy SI-9 Council may prioritize creating Wastewater Management Districts in and around the Hamlets, Villages, lakefronts or environmentally sensitive areas as a means of promoting growth in an environmentally and fiscally responsible fashion. Policy SI-10 Council may create additional Wastewater Management Districts to deal with existing or anticipated pollution problems. Where a District is created to deal with an existing pollution problem, Council may mandate that property owners become part of the District. 102 | MUNICIPAL PLANNING STRATEGY | SERVICES AND INFRASTRUCTURE DRAFT Created by Mindandi – freepik.com SECTION 8: SUBDIVISION CONTENTS: General Subdivision .......... 8.1 Lot Size ................................... 8.2 Lot Access ............................. 8.3 Sewer Services ..................... 8.4 Water Services ..................... 8.5 Open Space .......................... 8.6 SUBDIVISION | MUNICIPAL PLANNING STRATEGY | 103 DRAFT 8.0 SUBDIVISION Subdivision means dividing a parcel of land into two or more lots, consolidating two or more lots, or undertaking boundary adjustments. Under the Municipal Government Act, Municipalities are required to administer subdivision approvals. The Subdivision By-law, the Land Use By-law, and the Municipal Specifications work together to regulate the following aspects of development:  Servicing and sewage disposal  Design and construction of new roads  Design and construction of municipal services  Drainage and stormwater management  Dedication of land for open space This Planning Strategy provides policy direction for the creation of a Subdivision By-law. 104 | MUNICIPAL PLANNING STRATEGY | SUBDIVISION DRAFT 8.1 General Subdivision The subdivision of land involves the orderly process of land division while providing for the creation of streets and services. The Municipal Government Act and the Provincial Subdivision Regulations set out the basic requirements for information that must be shown on plans of subdivision, as well as the procedures which must be followed in reviewing and in approving plans of subdivision. Through policy, the Municipality may set alternative criteria or requirements for subdivision. A Subdivision By-law typically addresses matters such as access to lots, the extension of sewer and water lines to any new lots, and the provision of open space. The Subdivision By-law must be closely linked to the Land Use By-law, especially in the matter of lot size and access to lots. To carry out the intent of these subdivision policies, Council adopts the following policies: Policy S-1 A Subdivision By-law shall be created to carry out the intent of this Municipal Planning Strategy and shall apply to the whole Municipality, including the Chester Village Planning Area. It provides the principal means to control the subdivision of land. Policy S-2 The intent of the Subdivision By-law shall be to follow Provincial Subdivision Regulations unless otherwise stated by policy. Policy S-3 It is the intention of Council to adopt a Subdivision By-law which is consistent with the Provincial Subdivision Regulations and further, to include in the Subdivision By-law any provisions of the Provincial Subdivision Regulations which are applicable to the Municipality. SUBDIVISION | MUNICIPAL PLANNING STRATEGY | 105 DRAFT Policy S-4 It is the intention of Council to control the subdivision and consolidation of land in an orderly manner so as to: a) protect public health by promoting proper sewage disposal; b) promote public safety and cost-efficiency in the construction and use of new roads; c) ensure that new municipal services are constructed and maintained at minimum cost to the municipality; d) provide essential information about land ownership within the Municipality. Policy S-5 Council shall be guided by any interpretation by the Department of Municipal Affairs of all provisions of the Provincial Subdivision Regulations which are directly incorporated into the Subdivision By-law. Policy S-6 Council shall require subdividers to submit concept plans for early evaluation when new public roads, Municipal sewer systems or Municipal water services are proposed. Policy S-7 Council shall require that any subdivision of land conform to all the applicable Land Use By-law requirements. 106 | MUNICIPAL PLANNING STRATEGY | SUBDIVISION DRAFT Policy S-8 It is the intention of Council to adopt a Subdivision By-law that regulates the division and consolidation of lands within the Municipal boundaries so as to ensure: a) that such subdivisions of land conform with any applicable requirements of any applicable Land Use By-law for minimum lot area, lot frontage, setbacks and access; b) where there is no central sewer system, that such subdivisions of land intended for development are tested to determine whether the lots are suitable for on-site sewage disposal; c) where there is no Secondary Planning Strategy, but lots are served by a central sewer system, that such subdivisions of land provide an adequate lot size for ordinary residential purposes; d) that such subdivisions of land provide for safe adequate access from the Public Highway network to each approved lot; e) that any central sewer systems and central water systems are properly designed and constructed, as well as connected to existing municipal systems where possible; f) that provisions are made for dedicating land, or the contribution of equivalent value in lieu of land, for park, playground and similar public purposes; g) that engineering drawings are prepared by qualified professionals and filed with the Municipal Clerk to show the construction details of any new central sewer or water services, and of any new Municipal Public Highways, as well as the engineering design of any new private roads; h) that the applicable requirements of the Provincial Subdivision Regulations are in effect. SUBDIVISION | MUNICIPAL PLANNING STRATEGY | 107 DRAFT 8.2 Lot Size Minimum lot sizes for on-site sewage disposal by septic tank and disposal field are set by the Nova Scotia On-Site Sewage Disposal Systems Regulations. Because of slopes, soil conditions, topographic features, or development density, lots often have to be larger than the minimum size in order to qualify for on-site sewage disposal. The Provincial Subdivision Regulations allow lots to be created at any size with comments from the Department of the Environment on their suitability for on-site sewage disposal. Where there is a central sewer system the minimum lot area will continue the standard established by Subdivision regulations in previous years in order to maintain the current y standard. Instruments of Subdivision were previously permitted for lots 0.93 hectares and greater. As Council considered this form of subdivision problematic and less accurate than a modern Plan of Subdivision prepared by a professional Council increased the minimum lot size to two hectares in 2008. This plan retains this minimum lot size pending a review of the Subdivision By-law. In all other respects, including provisions for undersized lots and minimum frontage requirements, the Subdivision By-law follows the provisions of the Provincial Subdivision Regulations in accordance with Policy 14.1.1 above. To carry out these intentions, Council adopts the following policies: Policy S-9 To require a minimum lot area and lot width for all new lots served by a central sewage collection system, based on the current standards in the Municipality. Policy S-10 To require any new lots created by instrument of subdivision (other than consolidation or additions) to have an area of at least 2 hectares. 108 | MUNICIPAL PLANNING STRATEGY | SUBDIVISION DRAFT SUBDIVISION | MUNICIPAL PLANNING STRATEGY | 109 DRAFT 8.3 Lot Access The Provincial Subdivision Regulations require that lots must abut: a public highway; a right-of-way at least twenty (20) m wide; or an existing right-of-way which has been previously listed on a schedule in the Subdivision Regulations (Schedule `B'). There is also a provision for lots on an island and a provision for one division of any existing lot without any specific access requirement. Although Policy S-11 expresses Council's acceptance of this general arrangement, there are two road issues of particular concern to Council: Municipal Public Highways and private roads. Although Council does not wish to restrict the creation of Public Highways which are owned and maintained by the Municipality, Council has adopted, as a Schedule to the Subdivision By-law, design and construction standards for new Municipal Public Highways. Where there are older existing roads which pre-date the Subdivision By-law, Council will consider accepting such roads as Municipal Public Highways provided that the roadbed and road drainage system are adequate for the expected traffic loads, despite any minor deviations from the standards set out in the Subdivision By-Law. Private roads are sometimes a problem to maintain. The greater the number of lots using the roadbed, the greater the problem, with increased traffic and increased numbers of people who must be persuaded to share the maintenance costs. These problems are sometimes solved through the Private Street Improvement & Maintenance By-law. This allows the Municipality, upon petition by land owners, to build the road to the required standard and recover the costs from the landowners by means of an area rate. In many cases, the original road constructed by the subdivider has proven to be inadequate for reasonable maintenance and for vehicle access, especially emergency vehicles. In order to protect the interests of lot owners, Council will require the subdivider to construct all private and public roads to the appropriate Municipal Standard. Since the Provincial Subdivision Regulations (prior to the effective date of the Subdivision By-Law) allowed unlimited numbers of lots 110 | MUNICIPAL PLANNING STRATEGY | SUBDIVISION DRAFT on a right-of-way twenty (20) m wide with no consideration of road grades or the horizontal alignment of the road, Council's policy on requiring road design is going to cause difficulties for some subdividers who did not consider road design in laying out some existing subdivisions. Council will provide some relief for these situations by allowing subdivisions using these older rights-of-way provided the total number of lots using any such pre-existing twenty (20) m wide right-of-way is small. Council is also aware of difficult situations in which large tracts of land cannot be subdivided under the Provincial Subdivision Regulations because of inadequate access, with no reasonably feasible way to provide a twenty (20) m-wide right-of-way, much less a designed road. Council is prepared to provide relief from the strict access requirements where a division of property would resolve problems of joint tenancy or tenancy-in-common. To address these concerns, Council adopts the following policies: Policy S-11 Where the Provincial Regulations enable lots to be approved with frontage on a right-of-way twenty (20) m wide, and where such rights-of-way give access to more than six (6) new lots created through Subdivision approval, Council shall require such rights-of way to be designed and constructed in accordance with the Municipal Specifications as adopted by Council, in order to facilitate construction of a Public Highway at any future time. The Subdivision By-law may exempt such roads from the paving requirements of the Municipal Specifications. Policy S-12 Council shall require standards for design and construction of Municipal Public Highways to be included in the Subdivision By- law. SUBDIVISION | MUNICIPAL PLANNING STRATEGY | 111 DRAFT Policy S-13 Council shall provide relief from the general requirements for access by allowing the division of lots, which are owned and have been so owned prior to 1 January 2000 by joint tenants or by tenants-in-common, into as many lots as there are owners without regard to the access from the lots to the Public Highway network. Policy S-14 Council shall provide relief from the requirements for a designed and constructed road set out in Policy S-11 by allowing a maximum of six (6) lots to be approved under the Subdivision By-law after 1 January 2000 with frontage on a twenty (20) m-wide right-of-way which was created under the Provincial Subdivision Regulations prior to 1 January 2000. Policy S-15 Council shall provide relief from the requirements for a designed and constructed road set out in Policy S-11 by allowing the subdivision of land on an island which is not served either by a public street, provided each lot either has water frontage of six (6) m or more or has access to the water by means of a right-of-way of no less than six (6) m in width. 112 | MUNICIPAL PLANNING STRATEGY | SUBDIVISION DRAFT 8.4 Sewer Services Other than allowing the division of lots in serviced areas, the Provincial Subdivision Regulations are silent about central sewer systems. These services are the responsibility of Municipal Government, and Council has a number of concerns as a result of experience. The Municipality owns and operates central sewer systems and sewage treatment plants in Chester Village, Western Shore, New Ross, Chester Basin, Mill Cove and Chester Acres Subdivision (Otter Point) in East Chester. Past experience with privately-owned central sewer systems has convinced Council that these systems often cause significant maintenance problems for lot owners, especially if the construction and design of the system is inadequate. Council will agree to the construction of new central sewer systems only if such systems are constructed to a standard suitable for maintenance by the Municipality. These systems will be conveyed to the Municipality before subdivision approval is granted for any lots serviced by the central sewer system. Alternatively, Council may enter into an agreement with the developer, which guarantees construction of the system, and subdivision approval may be granted before construction provided that the agreement is backed by an appropriate bond or other security. A central system is any system accepting sewage from two or more lots. To address these concerns, Council adopts the following policies: Policy S-16 Council shall enable the subdivision of land into lots serviced by any central sewer system owned and operated by the Municipality. SUBDIVISION | MUNICIPAL PLANNING STRATEGY | 113 DRAFT Policy S-17 Council shall require new sewer systems which accept sewage from four or more lots to be constructed to a standard suitable for maintenance by the Municipality and to be conveyed to the Municipality prior to subdivision approval for any lots served by such systems, except as explained in Policy S-18 below. Policy S-18 Council shall enable the subdivision of land into lots which are to be serviced by a central sewer system where: a) the developer has entered into an agreement which is satisfactory to Council; and b) the developer has posted a performance bond or other security as specified in the Subdivision By-law; c) the agreement provides that the developer may receive subdivision approval for lots after posting the security, but prior to construction of the proposed sewer system; d) the agreement provides for conveyance of the proposed system to the Municipality. 114 | MUNICIPAL PLANNING STRATEGY | SUBDIVISION DRAFT 8.5 Water Services As with sewer services, delivery of central water services is a Municipal responsibility. The Municipality does not own or operate a central water supply. Dug wells and drilled wells on individual lots are the standard source of drinking water in the Municipality. Due to chronic water problems in the Village of Chester, Council has commissioned studies, the first conducted in 1967, to look at options for a central water system to serve the Village. This work has been reviewed and updated through additional engineering work in the 1980’s and further studies and work continued through the 1990’s and 2000’s. These studies identified Spectacle Lake as the most feasible water source. In 1992 the Spectacle Lake watershed received zoning and land use controls designed to protect and maintain this potential water source for future use. The protected land around Spectacle Lake, previously included as part of the Chester Village Planning Area is now regulated by this plan. In 2019 Council undertook a survey of Village residents to determine the level of support for pursuing a central water system for the Village of Chester. Given the mixed results of the survey and concerns relating to overall cost, Council has reassessed its approach to water service in Chester Village. The Municipality is currently developing a Water Strategy for the entire Municipality to address issues and concerns around water supply, quality and monitoring. This strategy will be broad in nature and consider multiple alternative approaches that are beyond the scope of a Municipally owned system. This strategy and Land Use By-law maintain a protected water supply area around Spectacle Lake and Council may apply similar zoning to other potential water sources, for use in a central water supply system. If a private owner wishes to service new lots with a central water system, Municipal Council is not prepared to assume any immediate responsibility for maintenance but will require the system to be built to a standard suitable for maintenance by the Municipality, in order to make municipal operation of the system possible at some future time. SUBDIVISION | MUNICIPAL PLANNING STRATEGY | 115 DRAFT Central water systems serving three (3) lots or fewer are regarded by Council as a purely private matter and Council will not set construction standards for such small arrangements. In view of these possibilities, Council adopts the following policies: Policy S-19 Council shall enable the subdivision of land into lots that are to be serviced by a water system which is not owned or operated by the Municipality, provided that any system serving four (4) or more lots is constructed to a standard suitable for maintenance by the Municipality, as specified in the Subdivision By-law. Policy S-20 Council shall assume ownership, operation, and maintenance responsibility for any central water system only where the system has been constructed to the standard specified in the Subdivision By-law and an area rate has been set to cover the maintenance and operation costs. Policy S-21 Council shall permit the subdivision of land into lots which are to be serviced by on-site wells. 116 | MUNICIPAL PLANNING STRATEGY | SUBDIVISION DRAFT 8.6 Open Space When multiple properties are subdivided, land for public purposes is transferred to the Municipality for parks and public spaces. The Subdivision By-law sets out the standards for land and the process to acquire that land. The need for a municipal fund to assist in the development of public recreation facilities and to acquire land for recreation purposes was first identified in the early 1990s. This need was particularly felt in conjunction with large subdivisions and in circumstances where access to waterways was desired. As provided for by the Municipal Government Act, Council will therefore require a subdivider to contribute useable land, that is, land suitable for recreation purposes, for park, playground and similar public purposes to a maximum of 5% of the subdivided area. Council may also accept a percentage of the assessed value of the new lots in lieu of deeded land. Because Council is not prepared to impose this requirement on any division of land which does not create a new lot, Council will waive the Public Open Space contribution in the case of boundary adjustments and consolidations which do not create any additional lots. The Municipal Government Act gives the subdivider the choice of contributing cash or land. Where a subdivided area contains lands with special features which should be under Municipal ownership Council may wish to purchase those lands and can use money from the accumulated Public Open Space fund for these purchases. Council adopts the following policy for acquiring land for public purposes: Policy S-22 The Subdivision By-law shall provide a process for acquiring land dedications or cash-in-lieu that specifically supports the Municipality’s needs and goals for parkland and open space. SUBDIVISION | MUNICIPAL PLANNING STRATEGY | 117 DRAFT Policy S-23 Council shall require subdividers to transfer to the Municipality either: a) an area of useable land for trails, park, playground and similar public purposes, in the amount of not less than five percent of the area shown on the final plan of subdivision, not including streets, roads, or the residue of land owned by the subdivider; or b) cash in the amount of not less than five percent of the assessed value of the new lots created; or c) some combination of cash, land, services or other contribution in kind that is equivalent to five percent of the total value of the land. Policy S-24 If the land being subdivided has frontage on the ocean, a river or a lake, Council may require that any land transferred under Policy S-23 includes land with frontage on the ocean, river or lake or land to provide public access to the ocean, river or lake. Policy S-25 Council shall waive the requirements of Policy S-23 where: a) no new vacant lots are created except the remainder lot; or b) the approval is for the consolidation of lots; or c) lot boundaries are being altered and no new vacant lots are being created; d) the subdivision creates a maximum of three lots from any area of land as it existed on 1 June 2007, but this waiver shall not apply where the lots are part of a more extensive subdivision shown on an approved concept or tentative plan of subdivision. 118 | MUNICIPAL PLANNING STRATEGY | SUBDIVISION DRAFT Policy S-26 Council shall consider purchasing for Public Open Space within a subdivision, those lands which have unique and special value because of: a) historical significance; b) archaeological significance; c) views; d) access to coastal or inland waters; or e) other outstanding attributes. Policy S-27 Council shall define, in the Subdivision By-law, "useable land" by means of minimum requirements and evaluation procedures so as to ensure the conveyance under Policy S-23 of land which is suited to recreation purposes. Policy S-28 Council shall consider accepting an area of useable land conforming to the requirement of Policy S-23 and Policy S 27 outside of the area being subdivided and within the boundaries of the Municipality. 120 | MUNICIPAL PLANNING STRATEGY | SUBDIVISION DRAFT SECTION 9: IMPLEMENTATION & ADMINISTRATION CONTENTS: Public Participation ......................... 9.1 Development Officer...................... 9.2 Development Permits .................... 9.3 Variances ............................................ 9.4 Non-Conforming ............................. 9.5 Site Plan Approval ........................... 9.6 Development Agreements........... 9.7 Amendments..................................... 9.8 Reviewing the Municipal Planning Strategy ............................................... 9.9 IMPLEMENTATION & ADMINISTRATION | MUNICIPAL PLANNING STRATEGY | 121 DRAFT 9.0 IMPLEMENTATION & ADMINISTRATION This Municipal Planning Strategy is adopted under the Municipal Government Act. It applies to all areas of the Municipality and expresses the intentions and policies of Council. Council is not obligated to undertake any of the identified projects but may not undertake actions that contradict its intent. The Municipal Government Act (MGA) identifies various types of development control techniques available to municipalities to regulate and plan for development. These include zoning, development agreements, and site plan approval. The Municipality relies upon these tools for the implementation of its planning policies. This Planning Strategy controls the use of land and the design of development. The Land Use By-law and the Subdivision By-law are the companion documents that carry out the intent of the Planning Strategy. These By-laws contain the detailed standards for development. 122 | MUNICIPAL PLANNING STRATEGY | IMPLEMENTATION & ADMINISTRATION DRAFT 9.1 Public Participation Public input on planning issues is needed to create good plans and build trust between residents and government. A public engagement program will be implemented for all amendments to planning documents and to development agreements and their amendments. The Municipality’s public participation program will, at a minimum, meet the requirements in the Municipal Government Act, and will be guided by the Municipality’s Public Participation Policy. In all communications with the public, we will uphold the following principles:  Clarity – We will advertise and communicate with the public in plain language, to ensure that the process is understood by all participants.  Variety – To reach as many people as possible, we will use different formats, including newspapers, newsletters, the Municipal website and social media.  Timeliness – Notices and information will be posted well in advance of meetings and events.  Meaning – Residents will have the opportunity to comment on, question and discuss planning matters with meaningful results. Public feedback will be compiled in a clear format and presented to decision makers in a timely manner. With respect to Public Participation, council adopts the following policies: Policy A-1 All public participation processes shall follow the Municipality’s Public Participation Policy and shall meet or exceed the requirements of the Municipal Government Act. IMPLEMENTATION & ADMINISTRATION | MUNICIPAL PLANNING STRATEGY | 123 DRAFT Policy A-2 The public participation processes shall focus on the following principles: a) Providing clear information; b) Using a variety of formats; c) Giving timely notice; d) Gathering meaningful feedback. 124 | MUNICIPAL PLANNING STRATEGY | IMPLEMENTATION & ADMINISTRATION DRAFT 9.2 Development Officer The Land Use Bylaw and Subdivision Bylaw are the principal means to implement this Planning Strategy. A Development Officer is appointed by Council in order to administer these by-laws and process development applications. Depending on the type of application, the decisions of the Development Officer can be appealed either to Council or to the Nova Scotia Utility and Review Board (NSUARB), as specified in the Municipal Government Act. In accordance with the provisions of the Municipal Government Act, the following statutory requirements shall be met: Policy A-3 Council shall appoint a Development Officer. The Development Officer shall be responsible for administering the Land Use By- law and Subdivision By-law, including issuing, refusing and revoking development permits. Policy A-4 Council may appoint others to act on the Development Officer’s behalf. IMPLEMENTATION & ADMINISTRATION | MUNICIPAL PLANNING STRATEGY | 125 DRAFT 9.3 Development Permits A development permit is a way of ensuring that new development in the Municipality meets the regulations of the Land Use By-law. The Planning Strategy and Land Use By-law specify that certain types of development do not need a development permit. All other development in the Municipality will require a development permit prior to receiving permission to proceed with development. Council adopts the following policies with respect to Development Permits: Policy A-5 In accordance with Section 244 of the Municipal Government Act, a development permit shall be required for all development in the Municipality, except those specified in the Land Use By- law as not requiring a development permit. Policy A-6 Development permits issued under the Land Use By-law shall describe the development, and shall specify a period after which the permit shall expire. Policy A-7 The Land Use By-law may identify specific uses for which Temporary or Conditional Development Permits may be issued and shall establish time periods for such permits. 126 | MUNICIPAL PLANNING STRATEGY | IMPLEMENTATION & ADMINISTRATION DRAFT 9.4 Variances A variance allows a relaxation or reduction of one or more of the Land Use By-law requirements. They are granted by the Development Officer when it may not be possible to meet the exact specifications of the Land Use By-law, often due to the peculiarities of the site or the nature of the development. The Municipal Government Act allows Council to consider other circumstances where a variance may be considered, provided they are identified within this Planning Strategy and corresponding Land Use By-law regulations. Council adopts the following policies on variances: Policy A-8 As set out in Sections 235-237 of the Municipal Government Act, the Development Officer may vary certain requirements of the Land Use By-law, or one or more terms of a development agreement, where provided for in the development agreement. Policy A-9 The Development Officer may grant variances of up to 25% of the required minimum or maximum for: a) the number of parking spaces; b) the number of loading spaces; c) percentage of land that may be built upon; d) yard setbacks; e) lot frontage or lot area; f) the ground area and height of a structure; g) the floor area occupied by a home-based business; h) the height and area of a sign. IMPLEMENTATION & ADMINISTRATION | MUNICIPAL PLANNING STRATEGY | 127 DRAFT Policy A-10 When granting a variance, the Development Office shall be satisfied that: a) the variance carries out the intent of the Municipal Planning Strategy; b) the variance is not due to a difficulty that is general to the properties in the area; c) the variance is not due to an intentional disregard for the requirements of the Land Use By-law. 128 | MUNICIPAL PLANNING STRATEGY | IMPLEMENTATION & ADMINISTRATION DRAFT 9.5 Non-Conforming Uses and Structures The term ‘non-conforming’ applies to land uses and structures that do not comply with current Land Use By-law regulations, but which were legally permitted under previous by-laws or those that predate planning regulations entirely. The Municipal Government Act addresses non-conforming structures, non-conforming structures used for residential purposes, non-conforming uses of land, and non- conforming uses of a structure. The Act contains provisions which recognize the legal status of these uses. The Act provides some of the development rights normally reserved for uses and structures that conform to the applicable by-laws to non-conforming structures and uses. The Municipality will deal with these non-conforming uses and structures in accordance with the Act. Council adopts the following policies on non-conforming uses and structures: Policy A-11 The Municipality shall administer non-conforming uses as provided for in the Municipal Government Act. Policy A-12 The Municipality shall permit an existing non-conforming structure to be enlarged, reconstructed, repaired or renovated provided that any change to the structure does not further reduce the minimum required yard or setback that do not conform with the Land Use By-law. Policy A-13 The Municipality shall permit an existing structure or existing non-conforming structure situated on an existing lot to be occupied by a permitted use where the structure does not meet the lot area or other yard requirements as applicable to the proposed use in the zone. IMPLEMENTATION & ADMINISTRATION | MUNICIPAL PLANNING STRATEGY | 129 DRAFT Policy A-14 The Municipality shall permit a non-conforming use to continue to operate and to recommence the use, so long as the use has not been discontinued for a continuous period of twelve months. 9.6 Site Plan Approval Site plan approval enables the Development Officer to evaluate and approve development proposals based on their compliance with a predetermined set of objectives that are written out in the planning documents. The intent of site plan approval is to ensure that the proposed development takes measures to minimize negative impact on the built and natural environment and to maintain or enhance the overall character of the existing area. Site plan approval is required for certain developments, as described in detail in Chapter 4 of this Planning Strategy, for each Planning Area and each zone. Typically, such approval is required for larger developments, particularly those that have specific standards for items such as setbacks, buffers, screening and parking. Council adopts the following policies for site plan approval: Policy A-15 For projects that require site plan approval, the Land Use By-law standards may include: a) the location of buildings and structures on a lot; b) the location of on-site loading and parking; c) the location and number and width of driveways; d) the type, location and height of walls, fences, hedges and other landscaping elements; e) the retention of existing vegetation; f) the treatment of environmentally sensitive areas, including watercourses water bodies, and wetlands; g) the location and surfacing of walkways; h) the location and type of outdoor lighting; i) the location of solid waste storage facilities; j) the location of easements; 130 | MUNICIPAL PLANNING STRATEGY | IMPLEMENTATION & ADMINISTRATION DRAFT k) the grading or alteration of land levels, including stormwater management; l) the type, location, number and size of signs; m) provisions for maintenance of any of the above standards. Policy A-16 For residential developments subject to Site Plan Approval, the Land Use By-law shall also require the following prior to issuance of a development permit: a) an appropriate connection to a sewage disposal system, or an on-site system that meets Provincial requirements; b) adequate on-site traffic circulation for emergency vehicles; c) road design satisfying the requirements of the Municipal Specifications adopted by Council; d) appropriate approval for access to any public street; e) adequate on-site water supply for domestic and firefighting purposes. Policy A-17 The site plan notification, approval and appeal process shall follow the requirements of the Municipal Government Act, as well as the Public Participation Policy. IMPLEMENTATION & ADMINISTRATION | MUNICIPAL PLANNING STRATEGY | 131 DRAFT 9.7 Development Agreements Development agreements are a tool that allow Council to negotiate with a Developer, resulting in a specific project being developed on a particular piece of land. A development agreement provides flexibility for the Developer, beyond the As-of-Right Development outlined in the Land Use By-law. Development agreements allow Council to regulate aspects of development not otherwise possible through a Land Use By-law such as hours of operation, maintenance schedules, grading and contouring of the lot and security or performance bonding. The circumstances under which a development agreement can be applied for are outlined in the Land Use By-law and are used in situations where Council desires increased oversight or public engagement for a specific type, size or nature of development. For example, very large developments, alternate designs, or developments which may have a high environmental impact may be considered by development agreement. Section 3 of this Planning Strategy describes the zones and Planning Areas in which development agreements can be considered, and the types of development that would apply. While development agreements offer more flexibility in approving developments, Council must ensure that all relevant policies are satisfied, and the intent of this Planning Strategy is met prior to approving a development agreement. The Municipality will require applicants to submit a detailed proposal as part of any development agreement application. The proposal shall include any information or materials Council needs in order to evaluate the submission. The submission shall be accompanied by professionally prepared plans that illustrate the proposal. 9.7.1 General Development Agreement Policies Council adopts the following policies for all Development Agreements: Policy A-18 Developments approved by development agreement shall meet environmental standards required under site plan approval. 132 | MUNICIPAL PLANNING STRATEGY | IMPLEMENTATION & ADMINISTRATION DRAFT Specifically, developments shall meet or exceed Stormwater Standards found in the Land Use By-law. Policy A-19 Development agreement proposals shall include: a) the location, area, and dimensions of the subject property based on a survey or location certificate prepared by a licensed surveyor; b) elevation drawings of the proposed structure or structures; c) the proposed location, dimensions, height, and proposed use of all buildings; d) the means by which the site is to be serviced, including sewage disposal and drinking water supply; e) the proposed location and nature of any outdoor storage or display; f) the proposed location, design, and content of any signage; g) the proposed location and dimensions of any parking spaces, stalls, driveways, and walkways; h) the proposed location of any fencing, refuse containers, and snow storage; i) the proposed location and type of any exterior lighting; j) the proposed location of any outdoor amenity space; k) landscaping elements including the type and location of any existing and proposed trees or other vegetation; l) architectural features including type of materials; m) the location of any watercourses, water bodies or wetlands on or near the site; n) existing and proposed drainage patterns, including any stormwater management measures; o) any proposed phasing of the development. IMPLEMENTATION & ADMINISTRATION | MUNICIPAL PLANNING STRATEGY | 133 DRAFT Policy A-20 When reviewing development agreements, Council shall be satisfied that: a) the development agreement conforms to the intent of the Municipal Planning Strategy and to the intent of any relevant Secondary Planning Strategies; b) the development agreement conforms to relevant Municipal By-laws; c) the applicable Public Participation Program has been followed and residents’ opinions have been carefully considered; and d) the development agreement is in the best interest of the Municipality. Policy A-21 When considering development agreements, Council shall be confident the proposal is not premature or inappropriate due to: a) the financial ability of the Municipality to absorb costs related to development; b) the availability and capacity of Municipal services; c) the adequacy of the site conditions for on-site services; d) the adequacy of stormwater drainage and its effects on water quality; e) inadequate access to schools, parks, emergency services, commercial properties and other local facilities; f) a lack of street connections, sidewalks, paved shoulders, walkways or footpaths; g) a poor supply of on-site water for domestic uses or for firefighting; h) inadequate separations from watercourses, water bodies or wetlands from the ocean shoreline; or i) proximity to places of known or potential archaeological significance as indicated by the Province. 134 | MUNICIPAL PLANNING STRATEGY | IMPLEMENTATION & ADMINISTRATION DRAFT Policy A-22 Council may require applicants to submit additional information to address issues that Council considers to be pertinent to the development process. Policy A-23 Developments that require a development agreement shall: a) maintain a vegetated setback between all main structures and any watercourses or water bodies; including (i) maintenance of a vegetated buffer of twenty (20) m in depth from the mean high water mark of a watercourse or water body; (ii) retention, replanting and maintenance of the vegetated buffer, in tree cover and understory vegetation to at least 75% of the linear water body frontage of the buffer, and not as a maintained, mowed lawn; (iii) allowance of a 3.5 m-wide opening in the vegetated buffer for access to watercourses and water bodies by means of docks, decks and pathways; (iv) allowance of minor accessory structures shall be permitted within the vegetative buffer so identified. b) include infrastructure designed to improve stormwater quality and reduce peak stormwater flows from the site; c) meet or exceed the Land Use By-law’s stormwater standards and watercourse buffers for comparable developments; d) maintain all steep slopes, wetlands and areas prone to flooding in an undisturbed state. IMPLEMENTATION & ADMINISTRATION | MUNICIPAL PLANNING STRATEGY | 135 DRAFT 9.7.2 Commercial, Industrial, Institutional Development Agreements In addition to the policies of Section 9.7.1., Council adopts the following policies: Policy A-24 When considering commercial, industrial or institutional developments by development agreement, Council shall be satisfied that: a) the development will not create undue traffic hazards, traffic congestion, or pedestrian hazards; b) the development will not generate emissions that unduly reduce the development potential and value of properties in the vicinity has been minimized; c) for large-scale wind generation facilities: (i) the sound level generated by the installation shall not exceed the ambient sound level by more than 30dB(a) measured to the nearest property line, under any normal operating condition, and any application for a development agreement must include sufficient information to determine that the installation meets this standard; (ii) there shall be no illumination. d) the development is separated from adjacent properties not in commercial or industrial use, and screening is used in order to minimize impact on the abutting uses; e) all structures use durable building material, so their appearance complements the established character; f) all necessary permits have been issued or Council is satisfied that the required permits will be issued; g) development shall not increase traffic volume so as to have an undue negative effect on properties served by a residential street; h) the applicant demonstrates that the development can be appropriately serviced in a cost-effective manner; i) a satisfactory parking calculation has been stipulated; j) the applicant demonstrates that sewage disposal and any demands on the drinking water source will not negatively impact the quality and quantity of water resources; and 136 | MUNICIPAL PLANNING STRATEGY | IMPLEMENTATION & ADMINISTRATION DRAFT k) driveways, parking areas, and areas used for open storage shall be surfaced with stable materials to prevent erosion and to prevent dust from blowing onto adjacent properties. 9.7.3 Residential Development Agreements In addition to the policies of 9.7.1, Council adopts the following policies: Policy A-25 When considering residential developments, in addition to considering all general policies for development agreements, Council shall be satisfied that: a) the development is not located on a site subject to undue nuisances or a degraded living environment caused by existing land use activities; b) residential density and the building design are compatible with, but not necessarily the same as, the Community Character Area and with the surrounding neighbourhoods; c) the development includes outdoor space suitable for playground equipment, walking trails, or other active or passive recreation use; d) the development includes landscaping such as trees, shrubs, lawns, fences and walkways as necessary to create a residential character; e) any exterior lighting is downcast with full horizontal cutoff; f) sufficient parking is provided, and parking areas are safely accessible; g) driveways and parking areas have a durable, dust free surface appropriate for all seasons; h) development shall not increase traffic volume so as to have an undue negative effect on properties served by a residential street; i) screening, setbacks and buffering are used in order to minimize impact on the abutting uses and the environment; IMPLEMENTATION & ADMINISTRATION | MUNICIPAL PLANNING STRATEGY | 137 DRAFT j) the development can be adequately serviced with sewer or on-site septic systems and water sufficient for domestic use and for fire suppression; k) any wastewater disposal and any demands on the drinking water source will not negatively impact the quality and quantity of water resources of the area, based on a report by a qualified professional; l) driveways, parking areas, and areas used for open storage shall be surfaced with stable materials to prevent erosion and to prevent dust from blowing onto adjacent properties. 9.7.4 Waterfront Public Access Development Agreements In addition to the policies of 9.7.1, Council adopts the following policies: Policy A-26 When considering a development agreement for uses that provide public access to inland waterways or coastal shores on property that is owned by interests other than the Municipality of Chester or the Crown, Council shall be satisfied that: a) neighbouring properties will not be adversely affected as a result of traffic generation, visual intrusion, hours of operation, noise, or lighting. Council may also consider the overall impact of the development on all properties which abut the lake; b) the proposed development resolves any potential compatibility issues with nearby land uses resulting from lighting, signage, outdoor display, outdoor storage, traffic, vehicle headlights, and noise through appropriate site design, landscaping, buffering and fencing; c) the development site is suitable in regard to grading, soils, geological conditions, and susceptibility to man-made or natural hazards; d) areas used for the purpose of an off-leash dog park shall be fenced with chain link fencing or a suitable alternative, that is at least four feet high. Preferably, the fence should 138 | MUNICIPAL PLANNING STRATEGY | IMPLEMENTATION & ADMINISTRATION DRAFT be equipped with a double-gated entry to keep dogs from escaping and to facilitate wheelchair access; e) sufficient, adequate parking areas are provided and that safe access to the parking areas has been provided for the public; f) safe and adequate roadway access is provided; g) where applicable, adequate measures have been taken to minimize increases in stormwater runoff from any development in order to diminish flooding, siltation, non- point source pollution and to minimize any impacts on water quality measures, and minimize erosion; h) boat launches shall be limited to those that provide access to non-motorized water-craft; i) any structures, such as boat launches, piers or wharves used for fishing or boat access, are located away from any areas designated as swimming areas; j) consideration has been given to neighbourhood access and connection, particularly connectivity to existing park and trail systems; k) the developer has reasonably addressed the concerns that were raised during the public participation program. 9.7.5 Neighbourhood Comprehensive Development District Development Agreements In addition to the policies of 9.7.1, 9.7.2 & 9.7.3 as applicable, Council adopts the following policies: Policy A-27 Before entering into a Development Agreement within the NCDD Zone, Council shall be satisfied of the following: a) that the Development Agreement includes provisions regulating the maximum density, unit mix, period of construction and the type, size and scale of appropriate ancillary Commercial, Institutional or Light Industrial uses; b) that projects proceeding without subdivision approval, or those which are exempt from Part 11 Public Open Space of the Subdivision By-law shall provide appropriately scaled recreational opportunities generally in keeping with IMPLEMENTATION & ADMINISTRATION | MUNICIPAL PLANNING STRATEGY | 139 DRAFT the Subdivision By-law. For greater clarity, these lands are not required to be deeded to the Municipality and Council shall also have greater ability to consider assets and physical site improvements as contributions to the overall value of the recreational space; c) the project shall not generate emissions such as noise, dust, radiation, odours, liquids or light to the air, water, or ground so as to create a recognized health or safety hazard, and that the impact of such emissions on the development potential and value of properties in the vicinity has been minimized; d) subject to the physical characteristics of the site, any commercial, institutional or industrial use shall achieve optimum separation from adjacent properties which are not in commercial or industrial use, and screening in the form of fences, vegetation, or berms as appropriate shall be constructed or installed to minimize impact on the abutting uses; e) any residential building is located on a site that is not subject to nuisances or a degraded living environment caused by existing land use activities; f) the site shall be landscaped with trees, shrubs, lawns, fences, and hard surfaced walkways, as necessary to create a residential living environment; g) sufficient parking and adequate safe access to parking lots shall be provided for residents and guests; h) all areas intended for vehicular traffic shall be surfaced with materials that remain stable and prevent dust during all seasons and shall allow for adequate drainage and snow removal; i) the proposal is not premature or inappropriate due to the creation or worsening of a pollution problem including soil erosion and siltation; j) the proposal is not premature or inappropriate due to the adequacy of storm drainage and effects of alteration to drainage patterns including potential for creation of a flooding problem; k) the proposal is not premature or inappropriate due to adequacy of street networks, on-site traffic circulation and 140 | MUNICIPAL PLANNING STRATEGY | IMPLEMENTATION & ADMINISTRATION DRAFT site access regarding congestion, traffic hazards and emergency access, including fire vehicles; l) all other matters of planning concern have been addressed. IMPLEMENTATION & ADMINISTRATION | MUNICIPAL PLANNING STRATEGY | 141 DRAFT 9.8 Amendments From time to time, changes to planning documents are needed, despite all efforts to ensure that it is comprehensive in its outlook. All such changes:  must respect the intent of this Planning Strategy  should be done in a thoughtful and transparent way following detailed study  must be in the public interest  must be carried out in accordance with the Public Participation policies set out in section 9.1 Council adopts the following policies for amending all planning documents: Policy A-27 When considering amendments to a land use by-law or a subdivision by-law, Council shall consider the following: a) that the amendment meets the intent of the Municipal Planning Strategy and the intent of any relevant Secondary Planning Strategies; b) that the amendment conforms to all relevant Municipal By-laws; c) that the applicable public consultation program has been followed and residents’ opinions have been carefully considered; d) that the amendment is in the best interest of the Municipality. 142 | MUNICIPAL PLANNING STRATEGY | IMPLEMENTATION & ADMINISTRATION DRAFT 9.8.1 Land Use By-law Amendments In addition to the policies above, Council adopts the following policies for amending the Land Use By-law: Policy A-28 When evaluating a rezoning application, Council shall consider other potential developments and uses that may be permitted as a result of a proposed zone change. Policy A-29 Applications for a Land Use By-law amendment shall show: a) the location, area, and dimensions of the subject property; b) the proposed location, dimensions, height, and proposed use of all buildings; c) the means by which the site is to be serviced by sanitary and storm sewers, water, electrical service and other utilities; d) the location of any parking stalls, driveways, walkways, lighting, fencing, refuse containers, and snow storage; e) landscaping elements including existing and proposed shrubs and trees; f) architectural features where such features are regulated by the planning document; g) additional reports or environmental studies as requested by the Municipality. Policy A-30 When considering amendments to the Land Use By-law, Council shall be satisfied that the proposal is appropriate with respect to: a) compatibility of the proposed land uses permitted within the proposed zone; b) compatibility of the development, and potential developments, with adjacent properties in terms of size, lot coverage and density; IMPLEMENTATION & ADMINISTRATION | MUNICIPAL PLANNING STRATEGY | 143 DRAFT c) potential compatibility issues with nearby land uses resulting from lighting, signage, outdoor display and storage, traffic, vehicle headlights, and noise; d) the adequacy of sewer services, water services, waste management services and stormwater management practices; e) efficient use of existing and new municipal infrastructure; f) proximity to and impact on heritage sites and archaeological sites; g) the proximity and capacity of schools; h) the adequacy and proximity of recreation and facilities; i) the adequacy of the road network in, adjacent to, or leading to the development; j) the potential for erosion or for the contamination or sedimentation of watercourses; k) environmental impacts such as air and water pollution and soil contamination; l) previous uses of the site which may have caused soil or groundwater contamination; m) suitability of the site in terms of grades, soil and bedrock conditions, location of watercourses, water bodies or wetlands; n) the ability of emergency services to respond to an emergency at the location of the proposed development; o) the proposal and the proposed zone support the intent of this strategy; and p) the financial ability of the Municipality to absorb any costs relating to the amendment. 9.8.2 Municipal Planning Strategy Amendments This Municipal Planning Strategy is the main document through which the growth and development of the Municipality shall be guided and coordinated. The policies of the Municipal Planning Strategy will be implemented through the powers provided to Council in the Municipal Government Act and other relevant statutes. Any Municipal Planning Strategy amendments shall be considered using the appropriate sections of the Municipal Government Act. 144 | MUNICIPAL PLANNING STRATEGY | IMPLEMENTATION & ADMINISTRATION DRAFT These amendments should not be entered into lightly, and they require strong public engagement. Council adopts the following policy on Municipal Planning Strategy amendments: Policy A-31 A Municipal Planning Strategy amendment shall be required where: a) any policy intent is to be changed; b) an amendment to the Land Use By-law would conflict with any portion of the Municipal Planning Strategy; c) an amendment to the Subdivision By-law would conflict with any portion of the Municipal Planning Strategy; d) the boundaries of a Planning Area are changed. IMPLEMENTATION & ADMINISTRATION | MUNICIPAL PLANNING STRATEGY | 145 DRAFT 9.9 Reviewing the Municipal Planning Strategy This Planning Strategy is intended to be easy to use the while being a long-term planning framework designed to meet the needs of residents and property owners in the Municipality over the coming decades. Nevertheless, as the Municipality continues to grow and change, it will be necessary to regularly review this document to ensure that it continues to reflect the values and goals of the residents, property owners and Council. Council adopts the following policies on review of the Municipal Planning Strategy: Policy A-32 A brief “housekeeping” review of this Plan and accompanying Land Use By-law shall occur one to two years after implementation to ensure that these documents reflect the intent of the Planning Strategy. Policy A-33 Council shall require regular reviews of this plan and subsequent amendments, such that the Planning Strategy is reviewed as required by the Municipal Government Act; and otherwise when so requested by Council. 146 | MUNICIPAL PLANNING STRATEGY | IMPLEMENTATION & ADMINISTRATION DRAFT SECTION 10: ONGOING & FUTURE PROJECTS ONGOING & FUTURE PROJECTS | MUNICIPAL PLANNING STRATEGY | 147 DRAFT 10.0 ONGOING & FUTURE PROJECTS Through the articulation of planning policies, this Planning Strategy expresses the will of Council following extensive consultation with residents and property owners. Council has thereby committed to adopting, where appropriate, a set of projects as part of this Planning Strategy which, when taken together, promote positive change within the Municipality. Council’s actions may be as simple as producing a promotional brochure or partnering with a local interest group or government agency on a multi-year program. Pursuant to this Planning Strategy, the following future projects are recommended:  Parks and Open Space Plan (Policy L-3)  Waterfront access opportunities (Policy L-8)  Safe roads for active transportation (collaboration with Province; Policy L-14)  Innovative and affordable housing approaches (collaboration with local and advocacy organizations; Policy L-18)  Heritage designation and recognition (Policies L-24, L-26)  Stormwater management information program (Policy E-7)  Coastal Hazard Risk Map (Policy E-28) 148 | MUNICIPAL PLANNING STRATEGY | ONGOING & FUTURE PROJECTS DRAFT SECTION 11: HISTORY OF MUNICIPAL PLANNING CONTENTS: Planning Strategies and Land Use By-laws ................. 11.1 Subdivision Control ............. 11.2 HISTORY OF MUNICIPAL PLANNING | MUNICIPAL PLANNING STRATEGY | 149 DRAFT 11.0 HISTORY OF MUNICIPAL PLANNING 11.1 Planning Strategies and Land Use By-laws A Land Use By-law has controlled land use in the Village of Chester and the surrounding area since 1975. In 1988, a Land Use By-law came into effect for the Chester Downs and Islandview Subdivisions in East Chester. That By-law was repealed when the previous Municipal Planning Strategy came into effect in 1997. Both Islandview and Chester Downs were incorporated into this Strategy and the accompanying Land Use By-law. Council had first considered the possibility of municipal wide planning in the mid-1970s, but this was not pursued. Council rejected a proposal for land use control in the whole of the Municipality in 1994 after a contentious public debate. Requests from various residential areas have led Council to reconsider ways to address land use control throughout the Municipality. In 1995 and 1996, Council received requests from five separate areas for municipal control over land use. Instead of adopting five separate By-laws, Council agreed to draft a By-law which would contain all the necessary elements but would be applied only in those areas which requested land use planning. In addition, in 2002, in response to a request from the Aspotogan Heritage Trust to establish land use control at Mill Cove Park, Council agreed to amend the Municipal Planning Strategy and Land Use By- law to incorporate specific policies and By-law provisions tailored to the development issues and opportunities at Mill Cove Park. Zoning in Mill Cove Park was further amended in 2014. In 2003, in response to pressure throughout the Municipality, Council adopted basic land use controls (administered through the General Basic Zone) which apply to the whole Municipality. The General Basic Zone formed the basis of the previous Municipal Planning Strategy, which was in place until 2019. Council only applied more restrictive zoning than was stipulated in the General Basic Zone if specifically 150 | MUNICIPAL PLANNING STRATEGY | HISTORY OF MUNICIPAL PLANNING DRAFT requested by the residents and property owners within a definable area. This Municipal Planning Strategy was adopted on Date XX 2018, after a multi-year Plan Review, which ran from 2014 to 2019. The entire process, including several rounds of public consultations and the formulation of goals, policies and regulations, was directed by a dedicated group of citizens who acted in a voluntary capacity. Further information on the 2014-2019 Plan Review can be found in:  engagement reports to the Citizens Planning Advisory Committee, prepared by the firm Third Sector Enhancement Ltd. and dated March 2015, December 2015, and October 2016.  background reports for Plan Review, which were completed in 2014 and 2015.  engagement report to Municipal Council following the third round of public consultation, prepared by staff and dated 7 July 2018.  meeting minutes and agenda packages from the Citizens Planning Advisory Committee, which directed the Plan Review process between November 2014 and Month/Year. 11.2 Subdivision Control The Minister of Municipal Affairs first prescribed Subdivision Regulations for Chester Municipality on 5 March 1975. From that time onward, the 1969 Planning Act allowed any parcel of land to be divided into three without approval, but the fourth and subsequent division had to satisfy the Subdivision Regulations. These regulations were repealed, and new Provincial Subdivision Regulations were prescribed on 6 August 1984 under the Planning Act of 1983. In August of 1987, new Provincial Subdivision Regulations were prescribed under the 1987 amendments to the Planning Act which required every division of land to satisfy the regulations. Work on a Subdivision By-law for Chester Municipality went very slowly, and when a draft was submitted to Department of HISTORY OF MUNICIPAL PLANNING | MUNICIPAL PLANNING STRATEGY | 151 DRAFT Municipal Affairs staff in 1988, it was rejected because it conflicted with provincial standards on lot sizes and access to lots. Since Provincial Subdivision Regulations do not address the provision of Municipal services such as sewers, water supply, and recreation facilities, nor do they address matters of concern to Municipal Council such as private road construction standards, Council in 1989 again requested Lunenburg County District Planning Commission staff to draft a Municipal Subdivision By-law to deal with these issues. This project did not get a high priority and the drafts were set aside in favour of other work. As part of the Provincial-Municipal Services Exchange, the Provincial Subdivision Regulations were extensively amended in 1995. Council gave a high priority to the drafting of a Municipal Subdivision By-law, because of a new municipal responsibility for municipal public highways. Because of the re-organization of the Planning Commission resulting from the Services Exchange, this project proceeded slowly. A Subdivision By-law was adopted in 2000. SherbrookeLake Holden Lake Wallaback Lake Hennigar Lake Mahone Bay HenryLake Card Lake Rocky Lake Lake Lewis Hunts Lake Timber Lake Connaught Lake NorthwestCove Fraxville ChesterIslands LakeRamsay Canaan Aspotogan Leville MartinsPoint ChesterGrant MartinsRiver Bayswater Mill Cove East RiverPoint ChesterBasin Blandford DeepCove Aldersville Pennal19 New Ross 20 Harriston EastChester Sher wood WesternShore Gold River Mill Road New Ross New Russell FoxPoint RobinsonsCorner MarriottsCove Seffernville WindsorRoad East River SimmsSettlement FraneyCorner The Lodge BirchyHead Beech Hill GoldRiver 21 Hubbards Forties UV3 UV14 UV12 UV103 UVCove UV329 THE MUNICIPALITY OF CHESTER • MUNICIPAL PLANNING STRATEGYGeneralized Future Land Use (GFLU) Map GFLU DESIGNATION Environmental Hamlet Industrial and Business Rural Settlement Map Disclaimer: This map was produced by the Municipality of Chester and shall be used asa graphical representation of generalized future land use areas. For information on theinterpretation of generalized future land use boundaries with respect to roads and naturalfeatures, please refer to the Municipal Planning Strategy. Information shown is compiledfrom numerous sources and may not be complete or accurate. The Municipality of theDistrict of Chester is not responsible for any errors, omissions or deficiencies in thesedrawings. It is not intended to be used as a survey plan or for legal descriptions. Sources: The Province of Nova Scotia, The Municipality of Chester, and Indigenous andNorthern Affairs Canada Coordinate System/Datum: UTM NAD83 CSRS ZONE 20N Digital Folders Entry ID: 205450Project ID: Official Maps 2019 Actual Map Size: w 22" h 34" Date Approved: DRAFT Municipal Boundar y First Nation Reserve Lands Chester Village Planning Area Municipality ofthe Countyof Annapolis Halifax RegionalMunicipality Municipality ofthe Districtof Chester Municipality ofthe Countyof Kings Municipality ofthe District ofLunenburg Municipalityof the Districtof West Hants Representation of Chester Municipality within Nova ScotiaScale: 1:1,000,000 UV12 UV14 UV103 UV10 ILOCATION MAP See Chester Village SPS UV101I1:72,000 0 1 2 3 40.5 Kilometres GoldRiverM i d d l e Ri v e r ISCHEDULE A Approved: YY/MM/DD CONTENTS | MUNICIPAL LAND USE BY-LAW | 1 CONTENTS | MUNICIPAL LAND USE BY-LAW | 2 CONTENTS | MUNICIPAL LAND USE BY-LAW | 3 Municipality of the District of Chester Land Use By-law Original Documents Approved by Council on XX/XX/2019 Approved by the Minister of Municipal Affairs on DD/MM/2019 This CONSOLIDATED EDITION is prepared for convenience only. For complete reference, please consult the original documents. This CONSOLIDATED EDITION has the following history: 1) Compiled DD/MM/YYYY From the documents adopted by Council on DD/MM/2019 and approved without amendments by the Minister on DD/MM/2019. CONTENTS | MUNICIPAL LAND USE BY-LAW | 4 This page intentionally left blank. CONTENTS | MUNICIPAL LAND USE BY-LAW | 5 CONTENTS CONTENTS ............................................................................................................................ 5 PREFACE.............................................................................................................................. 11 About zones and overlays ....................................................................................... 11 About permits and approvals ................................................................................ 11 About the Municipal Planning Strategy ............................................................. 12 About making changes to the Land Use By-law............................................. 12 How to contact the Municipality .......................................................................... 12 1.0 TITLE, PURPOSE, AND SCOPE .............................................................................. 13 2.0 DEFINITIONS .............................................................................................................. 15 3.0 ADMINISTRATION ................................................................................................... 35 3.1 Zones ................................................................................................................. 35 3.2 Interpretation of Zone Boundaries......................................................... 35 3.3 References are inclusive ............................................................................. 36 3.4 Overlays ............................................................................................................ 36 3.5 Watercourses, water bodies and wetlands ......................................... 36 3.6 Standards of Measurement ...................................................................... 36 3.7 Interpretation of Certain Words .............................................................. 37 3.8 Development Officer ................................................................................... 37 3.9 Development Permits .................................................................................. 37 3.10 Signatures ........................................................................................................ 38 3.11 Issuance of Development Permit ............................................................ 38 3.12 Deviations ........................................................................................................ 39 3.13 Amend or re-issue ........................................................................................ 39 3.14 Revocation of Permits ................................................................................. 39 3.15 Decision in Writing ....................................................................................... 40 3.16 Development Agreements ........................................................................ 40 3.17 Notice of Amendment or Agreement ................................................... 40 3.18 Cost of Advertising, Registration and Notice ..................................... 41 CONTENTS | MUNICIPAL LAND USE BY-LAW | 6 3.19 Notice of Variance or Site Plan Approval ............................................ 41 3.20 Cost of Notice of Variance or Site Plan Approval ............................. 42 3.21 Application Fees ............................................................................................ 42 3.22 Violations ......................................................................................................... 42 4.0 GENERAL PROVISIONS .......................................................................................... 43 4.1 Application, Waivers and Exemptions ................................................... 43 4.1.1 Application of General Provisions ............................................... 43 4.1.2 Height regulation .............................................................................. 43 4.1.3 Mobile vending .................................................................................. 43 4.1.4 Permitted uses .................................................................................... 43 4.1.5 Restoration to a safe condition ................................................... 43 4.1.6 Signs ....................................................................................................... 43 4.1.7 Swimming pools ................................................................................ 44 4.1.8 Accessory Uses ................................................................................... 44 4.1.9 Accessory Structures ........................................................................ 44 4.2 Aggregate processing ................................................................................. 44 4.3 Agricultural Uses ........................................................................................... 45 4.4 Cannabis Production Facilities ................................................................. 45 4.4.1 Indoor Cannabis Production Facilities ....................................... 45 4.4.2 Outdoor Cannabis Production Facilities ................................... 45 4.5 Community Gardens .................................................................................... 46 4.6 Composting, Small-scale............................................................................ 46 4.7 Electrical Generation Facilities ................................................................. 46 4.7.1 Wind Turbines .................................................................................... 46 4.7.2 Solar Collectors .................................................................................. 47 4.7.3 High Capacity Electrical Generating Facilities ........................ 47 4.8 Farm Animals .................................................................................................. 47 4.9 Farm Markets .................................................................................................. 47 4.10 Fences ............................................................................................................... 48 4.11 Fuel Production, Alternative Non-commercial .................................. 48 4.12 Lots ................................................................................................................ 48 CONTENTS | MUNICIPAL LAND USE BY-LAW | 7 4.12.1 Common lot line ................................................................................ 48 4.12.2 Existing undersized lots .................................................................. 48 4.12.3 Minimum lot frontage ..................................................................... 49 4.13 Non-Conforming Structures and Uses ................................................. 49 4.13.1 Non-conforming structures: enlargement and relocation 49 4.13.2 Non-conforming structures: used as permitted in zone .... 50 4.13.3 Non-conforming uses ..................................................................... 50 4.14 Outdoor lighting ....................................................................................... 50 4.15 Outdoor wood furnaces ............................................................................. 50 4.16 Parking requirements .................................................................................. 50 4.17 Private storage ............................................................................................... 51 4.18 Public Structures and Uses ........................................................................ 51 4.19 Radio-communications facilities ............................................................. 51 4.20 Salvage yards .................................................................................................. 51 4.21 Shipping containers ..................................................................................... 51 4.22 Site Plan Approval ........................................................................................ 52 4.23 Stormwater Standard .................................................................................. 54 4.24 Temporary structures .................................................................................. 54 4.24.2 Temporary structures: incidental to construction ................. 54 4.24.3 Temporary structures: special occasions .................................. 55 4.25 Places of Worship & Cemeteries ............................................................ 55 4.26 Variances .......................................................................................................... 55 4.27 Vehicle Habitation & Storage .................................................................. 56 4.28 Watercourses, Water Bodies, and Wetlands ....................................... 56 4.28.1 Lakefront Overlay .............................................................................. 56 4.28.2 Watercourses, Water Bodies, and Wetlands ........................... 57 4.29 Wharves, slipways and docks ................................................................... 57 5.0 RURAL AREA .............................................................................................................. 59 5.1 Application ...................................................................................................... 59 5.2 General Basic Zone ....................................................................................... 61 6.0 SETTLEMENT AREA .................................................................................................. 65 CONTENTS | MUNICIPAL LAND USE BY-LAW | 8 6.1 Application ...................................................................................................... 65 6.2 Single Unit Residential Zone .................................................................... 67 6.3 Settlement Residential One Zone ........................................................... 71 6.4 Settlement Residential Two Zone ........................................................... 75 6.5 Mixed-Use Zone ............................................................................................ 77 6.6 Coastal Island One Zone ............................................................................ 80 6.7 Coastal Island Two Zone ............................................................................ 82 6.8 Gateway Zone ................................................................................................ 84 7.0 HAMLET AREA ........................................................................................................... 89 7.1 Application ...................................................................................................... 89 7.2 Hamlet Zone ................................................................................................... 91 8.0 INDUSTRIAL AND BUSINESS AREA ................................................................... 95 8.1 Application ...................................................................................................... 95 8.2 Business Park Zone ...................................................................................... 97 8.3 Kaizer Meadow Industrial Zone ............................................................... 99 8.4 Kaizer Meadow Zone ................................................................................. 101 8.5 Neighbourhood Comprehensive Development District Zone ... 103 9.0 ENVIRONMENTAL PROTECTION AREA ......................................................... 105 9.1 Application .................................................................................................... 105 9.2 Protected Watershed Zone ..................................................................... 107 9.3 Conservation Zone ..................................................................................... 111 10.0 SIGNS ....................................................................................................................... 113 10.1 General regulations for all signs ........................................................... 113 10.2 Signs prohibited in all zones .................................................................. 113 10.3 Signs for which no development permit is required ..................... 113 10.4 Single-Premise Ground Signs ................................................................ 115 10.5 Multiple-Premise Ground Signs ............................................................ 115 10.6 Wall Signs ...................................................................................................... 115 10.7 Projecting Wall Signs ................................................................................. 115 CONTENTS | MUNICIPAL LAND USE BY-LAW | 9 PREFACE | MUNICIPAL LAND USE BY-LAW | 11 PREFACE This Land Use By-law contains regulations for development. It applies to all lands in the Municipality that are outside the Village Planning Area, as shown on the Zoning Maps contained in Schedule “A”. About zones and overlays Zones are the principal organizing units within this By-law. All parcels of land in the Municipality are located within a zone that identifies the land uses permitted and sets out development standards, such as minimum lot sizes, setbacks from lot lines and minimum yard size. This By-law contains general provisions for all zones as well as provisions for each of the zones. Overlays are areas of land having special characteristics that may extend across more than one zone, and which contain additional development standards. This By-law states the provisions that apply. About permits and approvals Many developments require a development permit. A development permit is needed to show that a project meets the regulations in this By- law. The requirements for applying for a development permit are found in this By-Law. A building permit may also be required in compliance with the Nova Scotia Building Code under the Building Code Act of the Province of Nova Scotia and the Municipality’s Building By-law. Obtaining a building permit is a separate process. Some projects, because of their size and/or potential impact, may require special forms of approval. These include:  approval by submitting a Site Plan; or  approval by entering into a Development Agreement. Each process must follow an established procedure as set out in:  the Municipal Government Act;  the Municipality’s public participation policy;  the Municipal Planning Strategy;  this By-law. More Information: Throughout this document, you can find helpful tips, reminders, illustrations, or explanations in sidebars such as this. PREFACE | MUNICIPAL LAND USE BY-LAW | 12 Other approvals based on federal or provincial legislation and regulations, as well as other municipal by-laws, may also be required. Application fees are set by the Municipality from time to time. The fee policy is available online or by contacting the Municipality. About the Municipal Planning Strategy The Municipal Planning Strategy sets out the policies that direct long- term growth and development in the Municipality. It contains a vision, goals, and policies that address: parks and open space; transportation; housing and heritage; community character (including policies that establish the zones in this By-law); economic development; environmental safeguards; and services. This document is available online or by contacting the Municipality. About making changes to the Land Use By-law A formal request to Chester Municipal Council can be made to change or amend a zone. Council considers all requests and normally consults with an appointed planning advisory committee. Council may only approve rezoning or amendment requests that meet the policies in the Municipal Planning Strategy. If the request is not consistent with policy, Council may also consider amending the Strategy. Re-zonings and amendments are serious matters that affect all property owners, and therefore require time for public participation. Council can choose to accept or refuse a request based on its policies and public feedback. How to contact the Municipality If you have questions about anything related to this document, please contact the Community Development Department using the information below. Call us: 902-275-2599 E-mail us: planning@chester.ca Write us: 186 Central Street, PO Box 369, Chester, NS, Canada B0J 1J0 Web site: www.chester.ca More Information: Copies of the Municipal Planning Strategy can be found at www.chester.ca or by visiting the Municipal Office. TITLE, PURPOSE, AND SCOPE | MUNICIPAL LAND USE BY-LAW | 13 1.0 TITLE, PURPOSE, AND SCOPE 1.1 This By-law shall be known and may be cited as the Municipal Land Use By-law. 1.2 The purpose of this By-law is to carry out the intent of the Municipal Planning Strategy for the Municipality of the District of Chester in accordance with the provisions of the Municipal Government Act (S.N.S. 1998, Chapter 18, as amended), by regulating the use of land as well as the character and use of buildings and structures within the whole of the Municipality of Chester. 1.3 This By-law shall take effect when approved by the Minister of Municipal Affairs for the Province of Nova Scotia, whereupon any applicable previous Land Use By-law is automatically repealed. 1.4 This By-law does not exempt any person from complying with other laws or regulations in force in Canada or Nova Scotia, or from those in force within the Municipality, or from obtaining any license, permission, permit, authority or approval required thereunder. 1.5 This By-law shall apply only to those areas of land shown on the Zoning maps contained in Schedule “A”. 1.6 Where the provisions of this By-law conflict with those of any other municipal by-laws, the provisions that set a higher standard shall be met. 1.7 All applicable Provincial and Federal regulations to any proposed development must be complied with in addition to this By-law. 1.7 Where a provision within this By-law conflicts with another provision within this By-law, the more stringent provision shall prevail. TITLE, PURPOSE, AND SCOPE | MUNICIPAL LAND USE BY-LAW | 14 DEFINITIONS | MUNICIPAL LAND USE BY-LAW | 15 2.0 DEFINITIONS In this By-law: Abattoir means a building or structure specifically designed to accommodate the penning and slaughtering of farm animals and related primary processing which may include the on-site packing, treating and storage of product. Abutting lot – see Lot Accessory structure – see Structure Accessory use – see Use Agriculture means the use of land, buildings or structures for the cultivation of crops, the raising and pasturing of farm animals, bee keeping, or the packing, storing and treating of produce, in accordance with normal farm practices. See also: Livestock operation. Aquaculture means the growing and cultivation of aquatic plants, or fish, for commercial purposes, in any water environment or on land in human- made containers of water, and includes the growing and cultivation of shellfish on, in, or under the foreshore or in the water. Aggregate processing means the use of a building, structure or land, or part thereof, for the processing of aggregate including the production of asphalt or similar road stone, and includes facilities for the administration and management of the business, the stockpiling of bulk materials used in the production process or finished product manufactured on the premises, and the storage and maintenance of required equipment, but does not include the retail sale of finished product. Aggregate processing may occur on a site on a permanent or temporary basis and may comprise a facility designed to be transported from place to place. This definition does not include aggregate resource extraction, which refers to sand, gravel and mineral extraction, including pits and quarries, with associated works such as crushing and the stockpiling of raw material, conducted within an active area so designated for such activity by approval of the Province of Nova Scotia. Automobile sales and services means an establishment primarily engaged in providing motor vehicle sales, repair or maintenance for automobiles, commercial vehicles, motorcycles, watercraft, off-road DEFINITIONS | MUNICIPAL LAND USE BY-LAW | 16 vehicles, and recreational vehicles, and includes oil change and lubrication shops, auto-body shops, tire repair shops and rustproofing/undercoating. Banner sign – see Sign Bed-and-breakfast establishment means a single unit dwelling where the resident owner or resident occupant provides accommodation, with or without meals, to the travelling public for financial remuneration and does not include facilities open to the public such as meeting rooms, restaurants, or entertainment facilities. Beverage room means premises licensed as a beverage room or lounge by the Liquor License Board of Nova Scotia. Blade – see Wind Turbine Brewery, winery and distillery mean a licensed premise where there is manufacturing of beer, ale, cider, wine or spirits and may include ancillary retail sale of these liquor products and related non-liquor products to the public within the manufacturer’s store and lounge provided that their combined floor area and outdoor lounge patio area do not exceed the manufacturing floor area. Building means a structure, whether permanent or temporary, which is roofed, and which is used for the shelter or accommodation of persons, animals, materials or equipment and includes all additions, porches and decks attached thereto, and in addition: Main building means that building or structure on a lot in which the main use takes place. Private storage building means an enclosed or partially enclosed structure for the storage of materials or goods in which there is no human habitation and no business, occupation or service conducted. Building envelope means the buildable area in terms of allowable length, width, height that forms the visible separator between inside and outside and prescribed for a building by the regulations of this By-law. Building height – see Height Campground and RV [Recreational Vehicle] Park means premises occupied and maintained for temporary accommodation by the public in trailers, tents, or recreational vehicles. It includes accessory structures and structures used to provide services including but not limited to laundry DEFINITIONS | MUNICIPAL LAND USE BY-LAW | 17 and canteen services, but does not include a Land Lease Community, motel or hotel. Cannabis Production Facility means a lot or building used or occupied by a person or organization licensed by the Government of Canada for the commercial production of cannabis or cannabis products, including where cannabis or any of its derivatives, such as resin or oils, is grown, cultivated, harvested, manufactured, processed, packaged, or labelled. It also includes any activities permitted by the Government of Canada such as research and development, storage, and destruction of cannabis or any of its derivatives but excludes the production of Hemp. Indoor Cannabis Production Facility means a Cannabis Production Facility that is completely contained within a building. Indoor Cannabis Production Facilities shall be deemed a light industrial use. Outdoor Cannabis Production Facility means a Cannabis Production Facility that is not completely contained within a building. Outdoor Cannabis Production Facilities shall be deemed an agricultural use. Change of use – see Use Child care facility means a facility other than a residential daycare, located in a building or part of a building, where children are accommodated and cared for, for financial remuneration, without providing overnight accommodation. Clerk means the Municipal Clerk for the Municipality of the District of Chester. Commercial means the use of land, buildings or structures for the purpose of buying and selling commodities and/or supplying of services as distinguished from uses such as manufacturing or assembling of goods, warehousing, transportation depots, construction and other similar uses. Composting facility means a structure or land used for the importation and processing of organic matter under controlled circumstances to a condition suitable for sale or utilization off-site, and for greater certainty: Small-scale composting: composting occurring as an accessory use to commercial, institutional and light industrial uses, and does not include residential backyard composting. DEFINITIONS | MUNICIPAL LAND USE BY-LAW | 18 Construct means to build, erect, reconstruct, or relocate, and without limiting the generality of the word, also includes: (i) any preliminary operation such as excavation, filling or draining; (ii) altering an existing building or structure by an addition, enlargement, extension or other structural change; and (iii) any work which requires a building permit issued the Municipality. Contaminated soil facility means a facility for the handling of soils containing a chemical or petroleum product other than on the site where the soils became contaminated. Continuing care facility means a nursing home, residential care facility or other special care facility licensed by the Province of Nova Scotia, or a public or private facility designed for assisted living for persons (exclusive of staff or associated family) having social, mental or physical challenges that require professional care, guidance or supervision not available in an independent living situation. Corner lot – see Lot Council means the Council of the Municipality of the District of Chester. Craft product means a product made by hand or small custom production processes by a potter, pewterer, goldsmith, silversmith, jeweller, toymaker, leatherworker, upholsterer, woodworker, furniture maker, musical instrument maker, clothing designer and maker, shoemaker, antique refinisher, glass or stained-glass worker, sailmaker, and similar skilled craftsperson. Craft workshop means a building or part of a building where craft products are made by hand or small production processes. Detached dwelling – see Dwelling Development means the erection, construction, alteration, replacement or relocation of, or addition to, any structure and any change or alteration in the use made of land or structures. Development Agreement means a written agreement between the Municipality and a property owner which establishes circumstances and conditions under which a development may be carried out. DEFINITIONS | MUNICIPAL LAND USE BY-LAW | 19 Development Officer means the person appointed by Council under the authority of the Municipal Government Act to administer the provisions of the Land Use By-law. Development Permit means the permit issued by the Development Officer certifying that a proposed development complies with the provisions of the Land Use By-law. Distillery – see Brewery Drainage plan means a detailed management plan for a lot or lots, including, but not limited to drawings and calculations of stormwater runoff and the courses and channels of it, including floodplains. Dwelling means a building containing at least one dwelling unit for human habitation, which is capable of being occupied as a home or residence, and for greater certainty: Detached dwelling: a building that comprises one dwelling unit, has yards on all sides of the building, has exterior entrances, and is not a hotel, motel, manufactured home, travel trailer or other recreational vehicle. Manufactured home: a prefabricated dwelling designed to be transported to a site where it is to be occupied as a dwelling complete and ready for occupancy, either remaining on a chassis and wheels or placed on a permanent footing. This definition includes such types as mobile homes and mini-homes but excludes modular or other types of pre-cut or multi-section assemblies that form a dwelling. Dwelling unit means one or more habitable rooms that may be used as a residence by an independent, separate household, which: has a bathroom for exclusive use of the household; has a kitchen for the exclusive use of the household; and has a private entrance from outside the building or from a common hallway or stairway. Eave line means the horizontal line on a building that marks the extreme edge of the overhang of a roof and where there is no overhang, the eave line shall be the horizontal line at the intersection of the wall and roof. Electrical generation facilities means the use of land, structures, or buildings for the generation of electric power by means such as, but not limited to, wind energy, solar energy, and biomass energy. Established grade – see Grade. DEFINITIONS | MUNICIPAL LAND USE BY-LAW | 20 Existing means in existence prior to the effective date of this By-law. Farm animal means any animal commonly bred on a farm, including but not limited to: horses, cattle, sheep, goats, llamas, alpacas, ostrich, emu, swine, fowl, meat rabbits, and for greater certainty. Farm Animal Unit means one or more farm animals as specified in the following table: Farm Animal Number of Farm Animal Units per Animal Swine 0.3 Cattle / Horse 1 Sheep / Goat / Llama / Alpaca 0.3 Ostrich / Emu 0.3 Fowl / Rabbit 0.03 Farm market Farm market means a commercial operation established on a temporary or permanent basis for the retail sale of farm produce and other locally-made goods. This includes operations within permanent structures or roadside stands offering farm produce and other locally- made goods for retail sale, but not greenhouses or buildings directly associated with a business on the property from which plants or farm produce are sold directly to the public. Flag lot – see Lot Flankage lot line – see Lot line Flankage yard – see Yard Forestry processing means the use of a building, structure, land, or part thereof, for milling, sawing, or other primary processing, and does not include maple sugar operations, Christmas tree farming and transport of finished product. Front lot line – see Lot line Front yard – see Yard Full horizontal cut-off means the shielding of an outdoor light fixture so that all light emitted by the fixture is projected below the shield in such a way as not to be cast onto neighbouring properties. More Information: To calculate the number of farm animal units, multiply the number of farm animals by the number of Farm Animal Units per animal. For example, if you have 3 swine, and 1 cattle, your calculation would be: (3 x 0.3) + (1 x 1) = 1.9 meaning you have 1.9 farm animal units. DEFINITIONS | MUNICIPAL LAND USE BY-LAW | 21 Fur farming means the keeping and/or breeding of animals in captivity for their pelts. Golf course means a specially prepared area of land for the purpose of playing golf and includes all incidental buildings and facilities, and does not include a driving range or a miniature golf course. Grade means, with reference to a building or structure, the lowest elevation of the finished surface of the ground where it meets the exterior of the foundation of the building or structure and, when used with reference to a street, road or highway means the elevation of the street, road or highway established by the Municipality or other designated authority, and additionally: Established grade means the average elevation of the finished grade of the ground where it meets the exterior of the front of a building or structure exclusive of any artificial embankment or entrenchment. Gross Floor Area – means the collective sum of the areas of each storey of buildings, structures or part thereof, above or below established grade, excluding storage below established grade and any parking structures below established grade, measured from the exterior of outside walls, or from the mid-point of common walls. Ground Sign – see Sign Hatchery – see Inland fish farm Height or building height means the vertical distance on a building between the established 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. Home Office & Sales – means the use of a room within a residential dwelling for commercial purposes without alteration to the exterior of the structure. These businesses are not permitted to receive customers at the site. Hotel – see Tourist Accommodations Impermeable surface means any material that significantly reduces or prevents natural filtration of water into the ground. DEFINITIONS | MUNICIPAL LAND USE BY-LAW | 22 Indoor Cannabis Production Facility see Cannabis Production Facility Industrial, heavy means the use of land involving manufacturing, distilling or refining fuel products, trade workshops, wholesale distribution, freight yards, bulk storage, landfills, solid waste processing, or the repair or rental of industrial and commercial equipment, that does any of the following: a) regularly produces smoke, high heat, dust, ash, disruptive noises, heavy vibration or noxious smells; b) creates harmful, dangerous or noxious waste products; c) consists of bulk storage of petroleum, heavy metals, caustic chemicals or dangerous goods, excluding retail fuel sales as part of an automobile sales and service operation and fuel sales depots; d) may involve separation distances from other uses specifically to protect health and safety; e) requires environmental assessment in accordance with the Environmental Assessment Regulations made under the Environment Act. Industrial, light means an industrial use which in its operation does not ordinarily result in emission from the building of noxious odours, fumes, disruptive noise, cinder, vibrations, heat, glare or electrical interference to a degree that is offensive or harmful when measured at the property line of an adjacent property. Light Industrial includes, but is not limited to: light manufacturing, processing, assembling, research facilities, salvage yards, transportation depots, warehouse facilities, and inland fish farms or hatcheries. Inland fish farm means a land-based open- or closed-containment facility in which fish are spawned and raised for consumption or for research purposes. The use includes a hatchery. Institutional includes the use of a building or part of a building or land as an auditorium, place of worship and associated facilities, cemetery, public art gallery, community centre, continuing care facility, government building (federal, provincial and municipal excluding provincial retail stores), hospital, library, museum, school, sports complex, post office, fire station and other uses of a similar nature. Interior lot – see Lot DEFINITIONS | MUNICIPAL LAND USE BY-LAW | 23 Kennel means an establishment for the breeding and/or boarding of dogs and includes establishments known as “Doggie Day Care” or any similar nomenclature thereof. Land Area means the smallest geometric shape which can be drawn to fully encompass all outdoor activities associated with the development. For greater clarity, Land area shall include all storage, parking areas and any other use of land associated with the development. Land Lease Community means any lot or premises under common ownership, upon which three or more manufactured homes are located, either free of charge or for revenue purposes, and which may or may not be connected to a common sewer system, water system or both, but does not include any camping establishment under the Camping Establishments Regulation Act. Land Use By-law see Municipal Land Use By-law. Livestock operation means an operation in which farm animals, by type or in combination, are kept in a farm building, feedlot or other facility for feeding, breeding, milking, holding for riding, meat, or egg production, but does not include backyard fowl. Lot means any parcel of land as described by its boundaries, and for greater certainty: Abutting lot means a lot having one or more boundaries coincident with one or more zone boundaries; Corner lot means a lot situated at the intersection of two streets, highways or private roads; Flag lot means any lot which gains street frontage through the use of a narrow strip of land, referred to as the “staff”, which is integral to the lot. For greater clarity, lots where the “staff” is more than 20 m in width shall not be considered a Flag Lot. Interior lot means a lot situated between two lots and having access to one street, highway or private road; Through lot means a lot bounded on two opposite side sides by streets, highways or private roads, however, if any such through lot also qualifies as a corner lot, it shall be deemed to be a corner lot for the purposes of this By-law; Waterfront lot means a lot of which any portion is within twenty- nine (29) m of a watercourse, water body or the ocean. DEFINITIONS | MUNICIPAL LAND USE BY-LAW | 24 Lot area/lot size means the total horizontal area within the boundary lines of a lot. Lot frontage/frontage means the distance between the side lot lines of a lot measured along the street, highway or private road. Shoreline Lot Frontage means the minimum straight line distance between the intersection of the side lot lines and the front/rear lot line of a lot which is adjacent to a lake or ocean. Lot line means a boundary line of a lot. Front lot line means: (i) the line dividing the lot from the street, highway or private road; or (ii) in the case of a lot which does not abut a street, highway or private road, the orientation of the main building on the lot; or (iii) in the case of a corner lot, the lot line abutting the street or highway based on the orientation of the main building on the lot; or (iv) in the case of a through lot, the longer boundary line abutting the street or highway; (v) in the case of a flag lot, the Front Lot Line is considered to be the lot line parallel to the street excluding the “staff” portion of the lot. Rear lot line means the line opposite or furthest from the front lot line; Side lot line means the line other than the front lot line or rear lot line; Flankage lot line means the lot line abutting the street or highway on a corner lot, which is not the front lot line. Lot, serviced means a parcel of land which has access and connection to a municipal sewer system or a private cluster system approved by the appropriate Provincial department. DEFINITIONS | MUNICIPAL LAND USE BY-LAW | 25 Lot, unserviced means a parcel of land without access and connection to a Public Municipal Sewer System or a private cluster system. Lounge – see Beverage Room Manufactured Home – see Dwelling Main building – see Building Main wall means the exterior front, side or rear wall of a building, and includes but is not restricted to all structural members essential to the support of a fully or partially enclosed space or roof and any decks, bay windows, porches, steps, verandahs, balconies and roof overhangs. Marina means a building, structure or lot, containing docking facilities, where boats are stored, serviced, repaired or kept for sale or rent, and may include other services such as but not limited to the sale, repair or storage of boat accessories, marine fuels and lubricants. Medical clinic means a building or part of a building used for medical, dental, surgical, or therapeutic treatment of human beings or animals on an outpatient basis, but does not include a public hospital, private hospital, animal hospital or professional office of a doctor located within a residence. Minister means the Minister of Municipal Affairs, or such Minister of the Crown responsible for municipalities in the Province of Nova Scotia. Mobile Home see Dwelling (Manufactured Home) Motel – see Tourist Accommodations Municipality means the Municipality of the District of Chester. Municipal Government Act means the Act respecting Municipal Government, R.S.N.S. 1998, Chapter 18 as amended from time to time. Municipal Land Use By-law means the Municipal Land Use By-law of the Municipality of the District of Chester. Municipal Planning Strategy means the Municipal Planning Strategy of the Municipality of the District of Chester. Municipal Specifications means the specifications approved by Council and amended from time to time, for design and construction of municipal public highways, central sewer systems, central water systems, storm drainage, and small sewerage systems. Nacelle – see Wind Turbine More Information: The Municipal Government Act is the provincial legislation which governs municipalities in Nova Scotia. Copies are available from www.nslegislature.ca DEFINITIONS | MUNICIPAL LAND USE BY-LAW | 26 Ordinary high water mark means, with respect to non-tidal waters, the limit or edge of the bed of a body of water where the land has been covered by water so as to wrest it from vegetation or as to mark a distinct character upon the vegetation where it extends into the water or upon the soil itself and, with respect to tidal waters, the mark on the seashore reached by the average of the mean high tides of the sea between the spring and neap tides in each quarter of the lunar revolution during the year excluding only extraordinary catastrophes or overflows. Outdoor Cannabis Production Facility see Cannabis Production Facility Overlay means a specified area as shown in Schedule “B” of this By-law, the requirements for which are imposed in addition to the requirements of the underlying zone. Owner includes a person controlling the property under consideration and includes the assessed owner of the property whose name appears on the assessment roll prepared in accordance with the Assessment Act of the Province of Nova Scotia. Park means an open area devoted to recreational uses or conservation uses and which may include ornamental gardens and lawns, outdoor furniture, accessory structures and children's playgrounds, and in addition: Waterfront Park means 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. Parking space means an area of not less than 15 m2 measuring 2.75 m by 5.5 m exclusive of driveways or aisles, for the temporary parking or storage of motor vehicles, and which has adequate access to permit ingress and egress of a motor vehicle to and from a street or highway by means of driveways, aisles or maneuvering areas. Pet grooming means a building or part of a building used for the hygienic care and cleaning of domestic pets and for which there is financial remuneration. This includes the retail sale of any products used in pet grooming services, but does not include boarding, breeding or the provision of medical procedures. Pergola means a structure without walls or a roof that is composed of vertical posts and cross-beams that is used as a sheltered, or partly- sheltered, walkway or sitting area. Permeable surface means any material or composition that allows natural filtration of water into the ground. DEFINITIONS | MUNICIPAL LAND USE BY-LAW | 27 Person means an individual, association, firm, partnership, corporation, trust, incorporated company, organization, trustee or agent, and the heirs, executors or other legal representatives of a person to whom the context can apply according to law. Personal service shop means a building or part of a building in which people are employed in furnishing services and otherwise administering to the individual and personal needs of other people, and without limiting the generality of the foregoing may include such establishments as barber shops, beauty parlours, hairdressing shops, shoe repair and shoe shining shops, but excludes any manufacturing or fabrication of goods for sale. Portable Sign – see Sign Primary processing means the initial processing of raw materials or resources for transformation into food and/or goods for use, further processing, or sale. Private storage building – see Building Processing Facility means the use of lands, buildings, or structures where agricultural produce, including meat, fish and poultry products, is washed, cleaned, dusted, waxed, or otherwise prepared or packaged and from which such produce is shipped to a wholesale or retail outlet. Professional services means establishments primarily engaged in providing services for individuals or groups in an office setting and includes but is not limited to financial, legal, medical, architectural, engineering, design, real estate and travel services, and for greater certainty does not include personal service shops. Projecting Wall Sign – see Sign Qualified professional means an individual who has undergone proper educational training and gained experience and expertise to become certified or recognized as able to practice in a particular profession. Rear lot line – see Lot line Rear yard – see Yard Recycling depot means a building or lot that is used or intended to be used for collecting, sorting, refunding and redistributing recyclable materials but excludes processing of said materials. Recreation and outdoor activities means passive, unstructured activity not requiring specially planned or manicured areas with ancillary structures. DEFINITIONS | MUNICIPAL LAND USE BY-LAW | 28 Recreational vehicle, or “RV”, means a vehicle designed for travel, camping or recreation, that provides sleeping and other facilities for temporary accommodation. A recreational vehicle either has its own motor or can be mounted or drawn by another vehicle. It may be equipped with land-to-vehicle service connections (electricity, water and/or sewer). A recreational vehicle may be a road-worthy travel trailer, camping trailer, truck camper, motor home or similar vehicle. Recreational vehicle storage means placement of a recreational vehicle on a lot with no connection to municipal services or to a wastewater system. Research facility means a place where facilities are located for scientific research, investigation, testing or experimentation, but does not include facilities for the manufacturing or sale of products, except as incidental to the main purpose of the facility. Residential daycare means a part of a dwelling where the owner or occupier of the dwelling provides accommodation and care, for financial remuneration, to children, without providing overnight accommodation. Restaurant means a building or part thereof where food and drink is prepared and/or served to the public for consumption within the building or attached café or patio, or off-premises. Retail store means a building or part thereof, including a shop, for the sale or lease of goods, wares, merchandise, or articles directly to the public. Rooming house means a detached dwelling in which a proprietor supplies sleeping accommodations for a fee, with or without meals, for at least three (3) but not more than six (6) people, exclusive of the proprietor’s family. Rotor’s arc – see Wind Turbine Salvage means waste or surplus automobiles, transportation vehicles, or industrial equipment, including any parts or pieces that have been removed, for purposes of disposal or further use. Salvage yard means any commercial premises where the receipt, storage, sale, resale, and processing of salvage occurs. Setback means the horizontal distance on a lot measured at a right angle from the lot line to the main wall of a building or structure or to a use. DEFINITIONS | MUNICIPAL LAND USE BY-LAW | 29 Shipping container means a container or structure, usually of metal, with strength suitable to withstand shipment, storage and handling and used to transport cargo that is specially designed to facilitate the secure storage of goods, by one or more modes of transport, without intermediate reloading or repacking of goods; also, a freight container and any form of skid building or self-contained mobile office. Shop means any building or part thereof used for sales or repair of articles. Shopping centre means a collection of independent retail stores, services, and offices housed in a building or buildings usually constructed and maintained by a single management unit and usually featuring common services, parking, internal vehicle circulation, and access roads. Shoreline lot frontage – see Lot frontage Side lot line – see Lot line Side yard – see Yard Sign means an object, structure or device used for the purpose of identification or advertising or to call attention to any person, matter, thing or event or to give direction, and for greater certainty: Sign height means the distance as measured from the established grade to the highest part of the sign or its supporting structure, whichever is higher. Sign face area means the area of the smallest square, rectangle or circle that can wholly enclose a sign’s framing mechanism or its letter composition when presented without a framing mechanism. Banner sign means a flexible sign made of fabric or plastic that is affixed to a wall, pole, or to the ground. Ground sign means a sign supported by one of more uprights or braces placed in or upon the ground. Portable sign means a sign that is not permanently fixed in a location and designed to be transported from place to place, and includes a sandwich board, a reader board on legs or wheels that may contain changeable copy (either manually or electronically controlled), and an inflatable device. Projecting wall sign means a sign that projects from a wall of a building and is supported by it. Wall sign means a sign that is attached directly to, or painted upon a building’s exterior face, and which does not extend therefrom, and DEFINITIONS | MUNICIPAL LAND USE BY-LAW | 30 does not extend above the roof line, and shall include a sign attached to or painted on an awning or a building. Wall Sign Area means the part of a building or structure, where a wall sign may be affixed, drawn, hung or painted. For greater certainty, this includes the section of the building between established grade and the eave line of the building. Window sign means a sign that is placed on or near to the face of a window or glass door so as to be legible from off the premises or from a parking lot associated with the premises. Site plan approval means an approval process that evaluates the layout of site features such as buildings, parking areas, and landscaping for compliance with the Land Use By-law, and results in a written agreement between the Municipality and the developer. Small Scale Composting – see Composting facility Solar collector means any device, excluding a window, used to collect solar radiation for the purpose of electrical generation or heating, and in addition: Solar farm means an installation on an area of land in which solar collectors are set up to generate electricity for commercial gain and does not include a dwelling. Solid waste facility means a facility to treat or process solid waste into usable secondary materials or products, including fuel or energy, which is not owned by the Municipality. Stormwater means water from precipitation of all kinds, and includes water from rain, the melting of snow and ice, groundwater discharge and surface water. Stormwater system means a method or means of carrying stormwater, and includes but is not limited to ditches, swales, sewers, drains, canals, ravines, gullies, pumping stations, retention ponds, streams, watercourses, floodplains, springs, creeks, streets or private roads, roadways or driveways. Street means the whole and entire right-of-way of every highway, road, or road allowance vested in the Province of Nova Scotia or the Municipality of the District of Chester. DEFINITIONS | MUNICIPAL LAND USE BY-LAW | 31 Structure means anything that is erected, built, or constructed of parts joined together or any such erection fixed to or supported by the soil or by any other structure, and shall include buildings, walls and signs, and for greater certainty: Accessory structure means a structure that is normally incidental to and devoted to a main building or land use located on the same lot, and is not used for human habitation; Small accessory structure means an accessory structure with a gross floor area of twenty (20) m2 or less; Minor accessory structure means an accessory structure incidental to a lot, including but not limited to a retaining wall, children’s play structure, cold frame, garden trellis, pergola, garbage box, clothes line pole, pet house, monument and interpretive display. Studio means a building, or part of thereof used as a workroom for the study, execution or instruction of any fine or commercial art, or craft, including photography, music, visual art and commercial design. Through lot – see Lot Tourist accommodations means a building or establishment, which provides accommodation for the travelling public for financial remuneration and may include other facilities including meeting rooms, restaurants and entertainment facilities and which is open to the general public, and for greater certainty includes tourist homes, motels, hotels, inns and Bed and Breakfast Establishments but does not include Campground and RV parks. Transportation depot means any facility developed for the primary purpose of storing and dispatching trucks, cars, and any other mode of transportation for the transporting of goods or people and does not have any related retail use. Use means the purpose for which any land, building or structure is utilized, and for greater certainty: Accessory use: a use subordinate to, normally incidental to and located on the same lot as the main land use. Change of use: any alteration in the use made of the whole or any part of a parcel of land, building or structure. Non-conforming use: means a use as described in the Municipal Government Act. DEFINITIONS | MUNICIPAL LAND USE BY-LAW | 32 Variance means a relaxation or reduction of Land Use By-law requirements for a specific site, as stipulated in Sections 235-237 of the Municipal Government Act. Vegetated buffer means a designated strip of land containing a mix of species including trees, shrubs and grasses, whether naturally occurring or planted during restoration, that provides filtration of pollutants and sediment, and promotes bank stability as a means to protect water quality and habitat of watercourses and lakes, and to protect property from flooding and erosion. Wall Sign – see Sign Wall Sign Area – see Sign Warehouse means a building in which goods or wares are stored but shall not include a retail store. Wastewater Management District means a designated area of land within which privately-owned on-site septic systems are collectively managed by the Municipality in accordance with a municipal wastewater management district by-law. Watercourse means the bed and shore of a river, stream, creek, brook or similar. Waterfront lot – see Lot Waterfront park – see Park Water body means the bed and shore of a freshwater lake, pond or other still body of water. Wetland means a land surface that is periodically or permanently saturated with water and sustains biological activities adapted to wet conditions, and may be commonly referred to as a marsh, swamp, bog, or similar or as otherwise defined in the Provincial Environment Act. Window Sign – see Sign Winery – see Brewery DEFINITIONS | MUNICIPAL LAND USE BY-LAW | 33 Wind turbine means a structure that produces power by capturing the kinetic energy in surface winds and converting it into energy in the form of electricity, and typically includes a supporting structure such as a tower, rotor blades and a nacelle, and for greater certainty: Blade means the part of the wind turbine that rotates in the wind; Nacelle means the frame and the housing that encloses the transmission system and generator and protects them from the weather; Rotor’s arc means the largest circumferential path traveled by the wind turbine’s rotor blade. Yard means an open, uncovered space on a lot belonging to a structure or a specified land use, and in determining yard measurements, the minimum horizontal distance from the respective lot lines shall be used; and for greater certainty: Flankage yard: a side yard on a corner lot, which side yard extends from the front yard to the rear yard between the flankage lot line and the main wall of any building or structure. Front yard: a yard extending across the full width of a lot between the front lot line and the nearest main wall of any building or structure on the lot; and "minimum" front yard means the minimum depth of a front yard between the front lot line and the main wall of any building or structure. Rear yard: a yard extending across the full width of a lot between the rear lot line and the nearest main wall of any building or structure on the lot; and "minimum" rear yard means the minimum depth of a rear yard on a lot between the rear lot line and the main wall of any building or structure. Side yard: a yard extending from the front yard to the rear yard of a lot between a side lot line and the nearest main wall of any building or structure on a lot; and "minimum" side yard means the minimum width of a side yard between a side lot line and the main wall of any building or structure. Zone means a specified area of land shown on Schedule “A” of this By- law and more particularly referred to in Part 3 of this By-law. ADMINISTRATION | MUNICIPAL LAND USE BY-LAW | 35 3.0 ADMINISTRATION 3.1 Zones Land within the Municipality of the District of Chester shall be divided into zones. The extent and boundaries of each zone are shown on the Zoning Maps attached to this Land Use By-law, as detailed in Schedule “A”. The zones, which are contained within designated land use areas as defined in the Municipal Planning Strategy, are: Rural Area GB General Basic Zone Settlement Area SU Single Unit Residential Zone SR-1 Settlement Residential One Zone SR-2 Settlement Residential Two Zone MU Mixed Use Zone CI-1 Coastal Island One Zone CI-2 Coastal Island Two Zone GW Gateway Zone Hamlet Area HM Hamlet Zone Industrial and Business Area BP Business Park Zone KI Kaizer Meadow Industrial Zone KM Kaizer Meadow Zone NCDD Neighbourhood Comprehensive Development District Zone Environmental Protection Area PW Protected Watershed Zone CS Conservation Zone 3.2 Interpretation of Zone Boundaries The boundaries of zones are shown in the Land Use By-law Zoning 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; Tip: The zone abbreviations and colours shown here correspond with the zoning maps found in Schedule “A” at the end of this by-law. ADMINISTRATION | MUNICIPAL LAND USE BY-LAW | 36 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”. 3.3 References are inclusive In this By-law, reference to a zone is deemed to include reference to a permitted use, special requirements, and regulations of that particular zone. 3.4 Overlays Lakefront Overlay - Land around lakes within the Municipality of the District of Chester shall be covered by the Lakefront Overlay. The extent and boundaries of the Lakefront Overlay are shown on the Lakefront Overlay Map attached to this Land Use By-law, as detailed in Schedule “B”. 3.5 Watercourses, water bodies and wetlands Watercourses, water bodies or wetlands when referenced in this By-law, shall refer to those watercourses, water bodies, and wetlands identified in Nova Scotia Provincial Topographic Database mapping at a scale of 1:10,000, unless it can be proven otherwise through a professional assessment. 3.6 Standards of Measurement Measurements throughout this By-law are metric. Submissions in imperial measurement shall be converted to metric and rounded to two decimal points. The metric measurement of “metres” shall be displayed using the abbreviation “m”. ADMINISTRATION | MUNICIPAL LAND USE BY-LAW | 37 3.7 Interpretation of Certain Words In this By-law, words used in the present tense include the future; words in the singular number include the plural; words in the plural include the singular number; the word “shall” means that the provision is mandatory and not permissive. All other words carry their customary meaning except for those defined in Part 2 of this By-law: Definitions. 3.8 Development Officer 3.8.1 This By-law shall be administered by the Development Officer appointed by Council, under the authority of the Municipal Government Act. The Development Officer shall issue development permits under this By-law. 3.8.2 In the absence or incapacity of the Development Officer, the acting Development Officer appointed by Council shall act in the place of the Development Officer. 3.8.3 The Development Officer may enter, at all reasonable times, into or upon any property within the area to which this By-law applies for the purpose of any inspection necessary in connection with the administration of this By-law. 3.9 Development Permits 3.9.1 A property owner shall not undertake, or cause to permit to be undertaken, any development thereon unless a development permit has been issued therefor by the Development Officer and the permit is in force. 3.9.2 Notwithstanding Section 3.9.1, no development permit is required for a development when such an exception is clearly stated elsewhere in this By-law. 3.9.3 Every person wishing to obtain a development permit shall submit an application to the Development Officer in the form prescribed by Council. 3.9.4 When requested by the Development Officer, an application for a development permit shall be accompanied by a plan drawn to an appropriate scale and showing: a) the shape and dimensions of the lot to be used for the development; ADMINISTRATION | MUNICIPAL LAND USE BY-LAW | 38 b) the proposed location on the lot, height and dimensions of any proposed structure and of any structure to be affected by the proposal; c) the proposed location and dimensions of parking areas, parking spaces, loading areas, driveways, curbs, fences and landscaping, including all impermeable surfaces; d) the location of every structure already constructed, partly constructed, or proposed on the lot; e) natural features such as wetlands, watercourses, water bodies and slope by topography; f) all other information as may be necessary to determine whether the proposed development conforms with the requirements of this Land Use By-law. 3.9.5 Where the Development Officer is unable to determine whether the proposed development conforms to this By-law and other by-laws and regulations in force which affect the proposed development, the Development Officer may require that any plans submitted in support of an application be certified by an appropriate registered professional such as a Nova Scotia Land Surveyor or Professional Engineer. 3.10 Signatures An application for a development permit shall be signed by the owner of the lot, or by an agent so appointed by the owner, and shall set forth in detail the current and proposed use of the lot and each building or structure, or part thereof, together with all the information necessary to determine whether or not the proposed development conforms with the requirements of this Land Use By-law. 3.11 Issuance of Development Permit 3.11.1 No development permit shall be issued by the Development Officer unless the development conforms to the provisions of this Land Use By-law, the terms of a development agreement, or a site plan approval. 3.11.2 Every development permit issued under this Land Use By-law and any development permit issued under any previous Land Use By-law, shall automatically expire, if the development to which it relates has not commenced and eighteen (18) months have passed since its issuance. ADMINISTRATION | MUNICIPAL LAND USE BY-LAW | 39 3.11.3 A development permit shall be effective for a period of eighteen (18) months and may be renewed for an additional eighteen (18) month period provided that: a) the development permit has not been renewed previously; b) the Development Officer is satisfied that the development permit is consistent with the existing Land Use By-law and proposed amendments to the Land Use By-law as provided for under the Municipal Government Act. 3.11.4 Notwithstanding 3.11.3, a development permit may be issued for a temporary period and may be renewed for a temporary period on a one-time-only basis to a maximum of six (6) months provided that the Development Officer is satisfied that the development permit is consistent with the Land Use By-law and proposed amendments to the Land Use By-law as provided for under the Municipal Government Act. 3.12 Deviations No developer shall deviate, or allow deviations to be made, from the description of the proposed development which is contained in the development permit, unless the developer has obtained a new development permit or an amended development permit from the Development Officer. 3.13 Amend or re-issue When so requested by a developer, the Development Officer may make amendments to or may re-issue a development permit which has not lapsed by making an appropriate notation thereon provided that the amended or re-issued permit conforms with the Land Use By-law requirements in effect on the date of the amendment or re-issuance. 3.14 Revocation of Permits The Development Officer may revoke any development permit issued under this Land Use By-law or any previous Land Use By-law where: · the requirements of the Land Use By-law are not met; · the issuance of the permit was based on incorrect information; · the permit was issued in error. ADMINISTRATION | MUNICIPAL LAND USE BY-LAW | 40 3.15 Decision in Writing Any decision of the Development Officer refusing to issue a development permit shall be given by written notice served by ordinary mail whereas any decision to revoke a development permit shall be given by written notice served by registered mail and the revocation shall become effective upon receipt of such notice. 3.16 Development Agreements In accordance with the provisions of the Municipal Government Act, Council may enter into a development agreement for certain high-density residential developments, or large commercial, institutional and light industrial developments, as indicated in the zones where such development agreements may be considered. The criteria to be applied, under which such developments may be considered, are referenced in Part 9.0 of the Municipal Planning Strategy, specifically Section 9.7 located therein. 3.17 Notice of Amendment or Agreement 3.17.1 Where the Council has given notice of its intention to adopt an amendment to this By-law which is not general in scope but which is in direct response to a specific development proposal, or has given notice of its intention either to enter into a development agreement or to amend a development agreement, Council shall serve notice of the proposed amendment or development agreement upon assessed property owners whose property lies within thirty (30) m, or greater at the discretion of Council, of the property which is the subject of the proposed amendment or development agreement. Such notice shall: a) set forth a synopsis of the proposed amendment or development agreement; b) state the date, time, and place set for the public hearing on the amendment or development agreement; c) be served by ordinary mail. 3.17.2 A notice containing the same information shall be posted on the Municipality’s website and sent to the Chair of the planning advisory committee or area advisory committee for the specific area. ADMINISTRATION | MUNICIPAL LAND USE BY-LAW | 41 3.17.3 A sign that states that a planning application has been received shall be posted on the property, which is the subject of the application. 3.18 Cost of Advertising, Registration and Notice An applicant seeking an amendment to this By-law or for a development agreement or an amendment thereto shall deposit with the Clerk of the Municipality an amount as specified by policy of Council to cover the cost of advertising, signage, registration and notices required to comply with the Municipal Government Act. After such advertising has been completed, the applicant shall pay to the Clerk any amount required to pay any additional cost of advertising, registration and notices or, if there is a surplus, the Clerk shall refund it to the applicant. 3.19 Notice of Variance or Site Plan Approval 3.19.1 Where a variance from the requirements of this by-law has been granted or refused, or a site plan approval has been granted or refused, the Development Officer shall give notice to the persons entitled, and in the manner prescribed by Sections 232-237 of the Municipal Government Act, such notice to be served by ordinary mail. Specifically, the Development Officer shall serve notice of the variance or site plan approval upon assessed property owners whose property lies within 60 m (200 feet) of the property which is the subject of the proposed variance or site plan approval and such notice shall: a) describe the variance or site plan approval; b) identify the property where the variance or site plan approval is granted; c) set out the right to appeal the variance or site plan approval to Council; d) be sent to the address or addresses maintained in the assessment list. 3.19.2 A notice containing the same information shall also be posted on the property which is the subject of the proposed variance or site plan approval. ADMINISTRATION | MUNICIPAL LAND USE BY-LAW | 42 3.20 Cost of Notice of Variance or Site Plan Approval The Municipality may recover from the applicant the cost of giving notices referred to in section 3.18. 3.21 Application Fees An applicant seeking a development permit, a development agreement, an amendment to the Land Use By-law or the Municipal Planning Strategy, a site plan approval, or a variance, shall pay the fees prescribed by Council as amended from time to time by policy. 3.22 Violations In the event of any alleged contravention of the provisions of this By-law, the Municipality of the District of Chester may take action as outlined in the Municipal Government Act. GENERAL PROVISIONS | MUNICIPAL LAND USE BY-LAW | 43 4.0 GENERAL PROVISIONS 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 Mobile vending, associated signs, and associated structures are subject to the Trade and Licensing By-law #11 of the Municipality, and no development permit shall be required. 4.1.4 Permitted uses a) Unless otherwise indicated as a permitted use in a zone within this By-law, the use shall be deemed to be prohibited in said zone. b) Subject to regulations in each zone, uses accessory to, subordinate to, or incidental to the principal use shall be permitted in any zone. 4.1.5 Restoration to a safe condition Nothing in this By-law shall prevent the strengthening or restoring to a safe condition of any structure. 4.1.6 Signs All signs shall be subject to the applicable requirements of Part 10 of this By-law. More Information: The Trade and Licensing By-law can be found at www.chester.ca or by visiting the Municipal Office. GENERAL PROVISIONS | MUNICIPAL LAND USE BY-LAW | 44 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 within the front yard of a lot or closer than 1.2 m to any other lot line, with the exception of one accessory structure without plumbing which may be built to the ordinary high-water mark; c) 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; d) 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; e) 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. GENERAL PROVISIONS | MUNICIPAL LAND USE BY-LAW | 45 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 from any existing residential property 360 m Minimum distance for the envelope of a processing facility from any zone boundary other than the Kaizer Meadow Industrial (KI), General Basic (GB), or Mixed Use (MU). 50 m and thereafter not permitted on the same lot except by development agreement. 4.2.4 In the General Basic (GB) and Mixed Use (MU) zones, for any location outside of an active area designated for the operation of an approved pit or quarry, and for a period exceeding six (6) months in any calendar year, aggregate processing shall be permitted by development agreement. 4.3 Agricultural Uses 4.3.1 This By-law does not regulate or control agricultural uses and no development permit shall be required unless otherwise noted in this By-law. 4.4 Cannabis Production Facilities 4.4.1 Indoor Cannabis Production Facilities Indoor Cannabis production facilities completely contained within a building are deemed a light industrial use and shall comply with all zone standards for a light industrial use including but not limited to any required gross floor area or land area requirements. 4.4.2 Outdoor Cannabis Production Facilities Outdoor Cannabis production facilities cultivating, propagating, or harvesting cannabis, are deemed an agricultural use and shall: a) be located a minimum of five hundred (500) m from any permanent dwelling, childcare centre, school, nursery, public park, religious institution, long term care facilities, hospitals or permanent alcohol or drug treatment facility; GENERAL PROVISIONS | MUNICIPAL LAND USE BY-LAW | 46 b) the use shall be set back a minimum of thirty (30) m from all lot lines. 4.5 Community Gardens 4.5.1 Community gardens shall be permitted in any zone and shall not require a development permit. 4.6 Composting, Small-scale 4.6.1 Small-scale composting shall be permitted as an accessory use to commercial, institutional and light industrial uses in zones where such uses are permitted. 4.7 Electrical Generation Facilities The following provisions shall apply to developments not owned by the Municipality or located on Municipally-owned property. 4.7.1 Wind Turbines Wind turbines shall be permitted in all zones by development permit and shall be subject to the following requirements: a) in the Single Unit Residential (SU), Hamlet (HM), and Gateway (GW) zones, total combined production capacity for all wind turbines on the lot shall not exceed five (5) kilowatts; b) in all other zones, total combined production capacity for all wind turbines on the 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 lines; d) wind turbines shall not exceed thirty (30) m 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) m above grade. GENERAL PROVISIONS | MUNICIPAL LAND USE BY-LAW | 47 4.7.2 Solar Collectors Solar collectors shall be permitted in all zones, subject to the following requirements: a) This By-law shall apply to all solar collectors that are not attached to a building on the lot. Solar collectors attached to a building do not require a development permit. Off- building solar collectors shall require a Development Permit, except within the General Basic (GB) zone; b) in the Single Unit Residential (SU), Hamlet (HM), and Gateway (GW) zones, total combined production capacity for off-building solar collectors on the lot shall not exceed five (5) kilowatts; c) in all other zones, total combined production capacity for off-building solar collectors on the lot shall not exceed one hundred (100) kilowatts; d) off-building solar collectors shall be permitted on lots that do not contain a main building; e) 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 4.3.1 or 4.3.2, such as a large-scale wind turbine facility or solar farm, shall be permitted by development agreement in the General Basic (GB), Business Park (BP), Kaizer Meadow Industrial (KI) and Kaizer Meadow (KM) zones. 4.8 Farm Animals 4.8.1 The rearing, breeding, boarding, sheltering and keeping of Farm animals does not require a development permit unless otherwise stated in this By-law. 4.9 Farm Markets Farm markets operating one day per week or less shall be permitted in any zone and shall not require a development permit. GENERAL PROVISIONS | MUNICIPAL LAND USE BY-LAW | 48 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 within the General Basic (GB) zone Must meet minimum yard requirements of the zone in which it is to be located 4.11 Fuel Production, Alternative Non-commercial 4.11.1 Notwithstanding restrictions within specific zone standards for heavy industrial uses, nothing in this By-law shall prevent the small-scale production of alternative fuel sources such as, but not limited to; biodiesel, methane and ethanol in zones where the production exclusively used in relation to a non-commercial use or non-commerce use. For greater clarity this does not permit any operation involving commercial sale of products or those which require licensing under Provincial Acts relating to fuel production, storage or retail including but not limited to the Resources Conservation Act & Technical Safety Act of Nova Scotia. 4.12 Lots 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 GENERAL PROVISIONS | MUNICIPAL LAND USE BY-LAW | 49 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-law, and which would not otherwise be permitted due to the size of the yard in which it is located, or its setback from property lines, may be: a) enlarged, reconstructed, repaired, renovated, or replaced by a new structure, provided that the structure shall not thereby be permitted to extend, elongate or increase any existing encroachment into the minimum front yard, flankage yard, side yard or rear yard required in that zone except by the granting of a variance in accordance with this By-law. b) relocated, provided no encroachment into the minimum front yard, flankage yard, or rear yard required in that zone shall be permitted except by the granting of a variance in accordance with this By-law. provided that the application for a development permit is supported by a location certificate or survey plan showing the location of the structure in relation to the boundaries of the lot. More Information: The Municipal Government Act allows certain structures which do not otherwise meet the requirements of this By-law to continue to be used and altered subject to certain criteria. For more information, see sections 238-242 of the Municipal Government Act, available from www.nslegislature.ca GENERAL PROVISIONS | MUNICIPAL LAND USE BY-LAW | 50 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-law, and which would not otherwise be permitted due to the size of the yard in which it is located, or its setback from property lines, may be used as permitted in the zone in which the structure is situated. 4.13.3 Non-conforming uses Prior Existing Uses, land uses which were legally in existence on the effective date of this By-law, and which would not otherwise be permitted in the zone in which they are located due to the type of use or the size of the use, as demonstrated through municipal records or through Statutory Declaration, are subject to the non-conforming provisions of the Municipal Government Act, with the exception that non-conforming uses may be recommenced, if discontinued for a continuous period of less than twelve months. 4.14 Outdoor lighting 4.14.1 For uses requiring a development permit, all outdoor lighting shall be downcast and have full horizontal cut-off so as not to cast directly upon an abutting property. 4.15 Outdoor wood furnaces 4.15.1 Outdoor wood furnaces shall be permitted, subject to development standards, in all zones except the Single Unit Residential (SU) zone. Outdoor wood furnaces shall be located a minimum of 22.5 m from any lot line and forty-five (45) m from dwellings on adjacent lots, shall not have a chimney height lower than the eaves of the building which it serves, but in any case not lower than five (5) m and shall be kept locked when unattended. 4.16 Parking requirements 4.16.1 Where a development permit is required, the minimum requirement for on-site parking shall be one space for every dwelling unit and one space for every fifty (50) m2 of non- residential floor area. More Information: The Municipal Government Act allows uses which would otherwise not be permitted under this By- law to continue, subject to certain criteria. For more information, see sections 238-242 of the Municipal Government Act, available from www.nslegislature.ca GENERAL PROVISIONS | MUNICIPAL LAND USE BY-LAW | 51 4.17 Private storage 4.17.1 Where there is no other main building on the lot, private storage buildings shall be permitted in any zone subject to the zone standards for yards. 4.18 Public Structures and Uses 4.18.1 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. 4.18.2 Public buildings, public uses and parks shall be permitted in any zone. 4.19 Radio-communications facilities 4.19.1 Nothing in this By-law shall prevent the use of land for the installation of radio-communications facilities that have been issued a license by the Federal Government following due process as prescribed in the Canadian Radiocommunications Information and Notification Service (CRINS) Antenna System Siting Review and Consultation Protocol, Reference Issue 3 [2014] as amended from time to time. 4.20 Salvage yards 4.20.1 Where permitted, salvage yards shall have an approved commercial highway access from the appropriate Provincial or Municipal department. The area of a salvage yard shall be screened to provide a visual barrier that is at least two (2) m in height. 4.21 Shipping containers 4.21.1 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. More Information: CRINS is the non- governmental organization that the Municipality has designated as the body which carries out public consultation regarding radio-communications facilities. More information can be found at http://www.crins- sinrc.ca/ GENERAL PROVISIONS | MUNICIPAL LAND USE BY-LAW | 52 4.22 Site Plan Approval 4.22.1 Where permitted in the zone, and in accordance with the provisions of the Municipal Government Act, the Development Officer may issue a development permit, upon approval of a site plan approval of moderate-density residential development, or a commercial, institutional, recreational or industrial development, as indicated in zones where such approval may be considered, in which the following requirements have been addressed: a) approval by the authority having jurisdiction for sewage disposal either by an on-site sewage disposal system, or by connection to a municipal central sewer, or by connection to a sewage disposal system satisfying the design and construction requirements of the Municipal Specifications adopted by Council; b) adequate emergency vehicle access; c) adequate solid waste collection access; d) approval by the authority having jurisdiction for access to any public street; e) adequate on-site potable water supply for domestic use and fire suppression, such as not to negatively impact existing abutting developments; f) location of new buildings and additions to existing buildings within the permissible building envelope, and no less than twenty (20) m from any watercourse, water body, or wetland; g) location and design of on-site loading and parking areas to facilitate safe access between building(s) and vehicle parking and maneuvering areas; h) screening of parking areas and any outside storage areas from adjacent properties and from the public street by a fence at least 1.2 m high or an equivalent combination of berms or landscaping; i) location and design of walkways and any outside storage areas so as to facilitate building access, and shall be surfaced with stable materials to prevent dust from blowing onto adjacent properties; GENERAL PROVISIONS | MUNICIPAL LAND USE BY-LAW | 53 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; l) with regard to watercourses and water bodies: (i) maintenance of a vegetated buffer of twenty (20) m in depth from the ordinary high-water mark of a watercourse or water body; (ii) retention, replanting and maintenance of the vegetated buffer, in tree cover and understory vegetation to at least 75% of the linear water body frontage of the buffer, and not as a maintained, mowed lawn; (iii) allowance of a 3.5 m wide opening in the vegetated buffer for access to watercourses and water bodies by means of docks, decks and pathways; (iv) allowance of small accessory structures shall be permitted within the vegetative buffer so identified. m) indication on the site plan approval of all easements where applicable; n) indication of measures including lot grading and the limitation of impermeable surfaces, such as concrete and asphalt, to areas for access, parking, and pedestrian walkways so as to demonstrate satisfactory stormwater drainage; o) other than the minimum infilling required for construction of boathouses, slipways, wharves and bridges, indication of adequate management of land levels within twenty (20) m of any watercourse, water body, or the sea such that they are not altered by filling in of land greater that 0.3 m above the natural ground surface; p) provision of outdoor lighting fixtures with full horizontal cut- off such that direct illumination does not extend beyond the lot lines of the development; q) all buildings and all other structures, lawns, trees, shrubs, parking areas, lighting systems, and other landscaping GENERAL PROVISIONS | MUNICIPAL LAND USE BY-LAW | 54 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. 4.22.2 Notwithstanding site plan approval requirements, accessory structures under fifty (50) m2 shall not require site plan approval but shall be approved by development permit. 4.22.3 The applicant shall enter into a written undertaking to carry out the terms of the site plan approval. 4.23 Stormwater Standard 4.23.1 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 (1 in 20-year storms). 4.24 Temporary structures 4.24.1 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. 4.24.2 Temporary structures: incidental to construction GENERAL PROVISIONS | MUNICIPAL LAND USE BY-LAW | 55 A temporary structure incidental to construction of a main building, including but not limited to a mobile site office, tool shed, scaffold, shipping container or temporary shelter of goods, shall require a temporary development permit. The temporary structure shall be removed no more than six (6) months from issuance of a temporary development permit for said temporary structure. 4.24.3 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. 4.24.4 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. 4.25 Places of Worship & Cemeteries 4.25.1 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. 4.26 Variances 4.26.1 The Development Officer may grant variances of the required minimum or maximum for: a) the number of parking spaces; b) the number of loading spaces; c) percentage of land that may be built upon; d) size or other requirements relating to yards; e) lot frontage, lot area, or both lot frontage and lot area provided the lot existed on the effective date of this By-law GENERAL PROVISIONS | MUNICIPAL LAND USE BY-LAW | 56 or a variance was granted for the for the lot at the time of subdivision approval; f) the ground area and height of a structure; g) the floor area occupied by a home-based business; and h) the height and area of a sign. 4.26.2 In considering these variances, no variance shall be issued unless the development permit application is supported by a location certificate or survey plan showing the location of the parking area, loading area, and structures in relation to the property boundaries. 4.27 Vehicle Habitation & Storage 4.27.1 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. 4.27.2 Storage of a recreational vehicle is permitted on any lot, except as noted within specific Zone Standards. 4.27.3 Notwithstanding 4.27.1 and 4.27.2, additional requirements related to the habitation and storage of vehicles are detailed in the zone standards where applicable. 4.27.4 Section 4.27 shall not apply to recreational vehicles in campgrounds and RV parks. 4.28 Watercourses, Water Bodies, and Wetlands 4.28.1 Lakefront Overlay a) all developments within an area that is covered by the 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) m of the ordinary high water mark of any water body identified on Schedule “B”; c) minimum yard requirements shall not apply to small accessory structures, fire-fighting impoundments and structures related to water systems, or where otherwise permitted in this By-law; GENERAL PROVISIONS | MUNICIPAL LAND USE BY-LAW | 57 d) Impermeable surfaces within the Lakefront Overlay shall not exceed 25% of the total area of the lot including buildings and hard-surface landscaping. 4.28.2 Watercourses, Water Bodies, and Wetlands a) all uses requiring a development permit shall place all buildings at least twenty (20) m from the ordinary high-water mark of any wetland, watercourse or water body; b) setback and minimum yard requirements shall not apply to fire-fighting impoundments, small accessory structures and structures related to water systems, or where otherwise permitted in this By-law. 4.29 Wharves, slipways and docks 4.29.1 Wharves, slipways, and docks shall be permitted without a development permit, except as noted within specific Zone Standards. RURAL AREA | MUNICIPAL LAND USE BY-LAW | 59 5.0 RURAL AREA 5.1 Application The provisions of this part shall apply throughout the General Basic (GB). RURAL AREA | MUNICIPAL LAND USE BY-LAW | 60 RURAL AREA | MUNICIPAL LAND USE BY-LAW | 61 GB 5.2 General Basic Zone 5.2.1 Developments for which no development permit is required No development permit shall be required for all developments with the exception of those listed in Section 5.2.3 (Uses subject to development control), Section 4.6 (Lakefront Overlay) and Section 5.2.4 (Prohibited uses). 5.2.2 Application of General Provisions Section 4, General Provisions, apply within the General Basic zone only when a development permit is required. 5.2.3 Uses subject to development control The following uses are permitted in the General Basic (GB) zone subject to the specified approval process and zone standards: Approval Process Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height of Structure Residential 5 – 11 dwelling units on a lot SP 3 m 3 m 3 m none 12 or more dwelling units on a lot DA Land lease communities DA Commercial / Institutional Campgrounds and RV Parks up to 20 sites DP 10 m 10 m 10 m none Campgrounds and RV Parks 21 or more sites DA Golf Courses DA Marinas DP 5 m 5 m 5 m none Recycling Depots DP 7.5 m 7.5 m 7.5 m none Tourist Accommodations up to 20 units DP 7.5 m 7.5 m 7.5 m none Tourist Accommodations 21 or more units SP 7.5 m 7.5 m 7.5 m none Abbreviations: DP = Development Permit SP = Site Plan Approval DA = Development Agreement GB RURAL AREA | MUNICIPAL LAND USE BY-LAW | 62 Approval Process Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height of Structure Any other commercial/institutional development or combination of developments with gross floor area between 1000 m2 and 2800 m2 or which occupies a land area between 6000 m2 and 15000 m2, whichever is lesser DP 5 m 5 m 5 m none Any other commercial/institutional development or combination of developments with gross floor area greater than 2800 m2 or which occupies a land area greater than 15000 m2, whichever is lesser DA Light Industrial Abattoirs up to 2500 m2 SP 7.5 m 7.5 m 7.5 m none Abattoirs over 2500 m2 DA Aggregate processing Permitted subject to the provisions of section 4.2 Aquaculture, including inland fish farms and hatcheries DA Salvage Yards up to 2500 m2 DP 7.5 m 7.5 m 7.5 m none Salvage Yards over 2500 m2 SP 7.5 m 7.5 m 7.5 m none Any other light industrial development or combination of developments with gross floor area between 1000 m2 and 2800 m2 or which occupies a land area between 6000 m2 and 15000 m2, whichever is lesser DP 5 m 5 m 5 m none GB RURAL AREA | MUNICIPAL LAND USE BY-LAW | 63 Approval Process Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height of Structure Any other light industrial development or combination of developments with gross floor area over 2800 m2 or which occupies a land area over 15000 m2, whichever is lesser DA Other Outdoor Cannabis Production Facilities Permitted subject to the provisions of section 4.4 Fur farming DA Waterfront Parks not owned by the Municipality DA 5.2.4 Prohibited Uses and Developments The following uses and developments are prohibited in the General Basic (GB) Zone: a) all heavy industrial developments. GB RURAL AREA | MUNICIPAL LAND USE BY-LAW | 64 SETTLEMENT AREA | MUNICIPAL LAND USE BY-LAW | 65 6.0 SETTLEMENT AREA 6.1 Application The provisions of this part shall apply to the Single Unit Residential (SU), Settlement Residential One (SR-1), Settlement Residential Two (SR-2), Mixed Use (MU), Coastal Island (CI), Coastal Island Two (CI-2), and Gateway (GW) zones. SETTLEMENT AREA | MUNICIPAL LAND USE BY-LAW | 66 SETTLEMENT AREA | MUNICIPAL LAND USE BY-LAW | 67 6.2 Single Unit Residential Zone 6.2.1 Permitted Uses and Developments The following uses are permitted in the Single Unit Residential (SU) zone subject to the specified approval process and standards: Approval Process Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height of Structure Residential Detached dwelling up to 1 per lot DP 1.5 m 1.5 m 1.5 m 10 m Home-based Businesses DP Subject to section 6.2.7 Other Waterfront Parks not owned by the Municipality DA 6.2.2 Prohibited Uses and Developments The following uses and developments are prohibited in the Single Unit Residential (SU) zone: a) manufactured homes; b) shipping containers; c) the rearing, breeding, boarding, sheltering and keeping of any Farm Animal; d) outdoor wood furnaces. 6.2.3 Special Requirements: Habitation of Vehicles Within the Single Unit Residential (SU) zone, no automobile, truck, bus, coach, rail car, recreational vehicle or other vehicle, or part thereof, with or without wheels, shall be used for human habitation, except that a recreational vehicle may be used for temporary human habitation for a maximum of sixty (60) days in any calendar year provided that such use: a) has received a temporary development permit for the sixty (60) day period of habitation; b) is carried out in a recreational vehicle bearing a valid motor vehicle registration and inspection; c) is limited to one (1) recreational vehicle on a lot at any one time; Abbreviations: DP = Development Permit SP = Site Plan Approval DA = Development Agreement SU SU SETTLEMENT AREA | MUNICIPAL LAND USE BY-LAW | 68 d) meets all minimum yard requirements for residential uses in the zone in which the recreational vehicle is located; e) shall not be connected to a wastewater system. 6.2.4 Special Requirements: Short-Term Habitation of Vehicles Notwithstanding 6.2.3, nothing shall prevent the temporary habitation of recreational vehicles within the Single Unit Residential (SU) zone, up to a maximum of fourteen (14) days in any calendar year without the requirement for a temporary development permit or a development permit. 6.2.5 Special Requirements: Storage of Recreational Vehicles Within the Single Unit Residential (SU) zone, storage of a recreational vehicle is only permitted on lots that also contain a dwelling. 6.2.6 Special Requirements: Storage in Vehicles No automobile, truck, bus, coach, streetcar, recreational vehicle, camper or other motor vehicle or part thereof, with or without wheels, no mobile home, container, shall be used for the storage or shelter of goods of any description. 6.2.7 Special Requirements: Home Based Business A residential dwelling may be used for a home-based business provided that: a) the dwelling is occupied as the place of primary residence by the operator of the business; b) no more than 25% of the floor area of the main dwelling, or a maximum of fifty (50) m² of floor area, whichever is less, is devoted to the business use; c) home-based businesses shall fall within one of the following: i) Professional services; ii) Craft workshops; iii) Studios for the practice or instruction of fine arts or crafts; iv) Home office & sales uses that do not host, intake or receive clients on-site. SU SETTLEMENT AREA | MUNICIPAL LAND USE BY-LAW | 69 d) retail sales shall be limited to the sale of products, made, assembled, refinished or repaired on the premises; e) one (1) on-site parking space, in addition to that required for the dwelling, is provided; f) Outdoor display associated with the business shall not be permitted; g) outdoor storage associated with the business shall be permitted in the rear yard only and shall be required to be screened from view by a fence, no less than two (2) m in height; h) the external appearance of the building shall not be changed by the home-based business; j) no signs shall be permitted on the lot related to the home- based business. SU SETTLEMENT AREA | MUNICIPAL LAND USE BY-LAW | 70 SETTLEMENT AREA | MUNICIPAL LAND USE BY-LAW | 71 6.3 Settlement Residential One Zone 6.3.1 Permitted Uses and Developments The following uses are permitted in the Settlement Residential One (SR-1) zone subject to the specified approval process and standards: Approval Process Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height of Structure Residential 1 – 2 dwelling units on a lot DP 1.5 m 1.5 m 1.5 m 11 m 3 – 11 dwelling units on a lot DA Commercial / Institutional Tourist Accommodations up to 3 units DP 1.5 m 3 m 3 m 11 m Marinas DA Any other commercial or institutional use or combination of uses not listed in section 6.3.2 with a gross floor area up to 70 m2 or which occupies a land area up to 210 m2, whichever is lesser DP 1.5 m 3 m 3 m 11 m Any other commercial or institutional use or combination of uses not listed in Section 6.3.2 with a gross floor area over 70 m2 or which occupies a land area over 210 m2, whichever is lesser DA Light Industrial Abbreviations: DP = Development Permit SP = Site Plan Approval DA = Development Agreement SR-1 SR-1 SETTLEMENT AREA | MUNICIPAL LAND USE BY-LAW | 72 Approval Process Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height of Structure Any other light industrial development or combination of developments not listed in Section 6.3.2 with a gross floor area up to 70 m2 or which occupies a land area up to 210 m2, whichever is lesser DP 7 m 7 m 7 m 11 m Any other light industrial development or combination of developments not listed in Section 6.3.2 with a gross floor area over 70 m2 or which occupies a land area over 210 m2, whichever is lesser DA Other Outdoor Cannabis Production Facilities Permitted subject to the provisions of section 4.4 Forestry Processing DP 5 m 5 m 5 m 11m Farm Animals DP Subject to the provisions of section 6.3.3 Waterfront Parks not owned by the Municipality DA 6.3.2 Prohibited Uses and Developments The following uses and developments are prohibited in the Settlement Residential One (SR-1) Zone: a) Abattoirs; b) Composting Facilities; c) Campgrounds/RV Parks; d) Fur Farming; e) Kennels; f) Contaminated soil facilities; g) Manufactured homes; h) Shipping containers; i) Processing facilities handling meat, fish or poultry products; j) Salvage yards; k) All heavy industrial developments. SR-1 SETTLEMENT AREA | MUNICIPAL LAND USE BY-LAW | 73 6.3.3 Special Requirements – Farm Animals In the Settlement Residential One (SR-1) zone: (a) any lot used for the rearing, breeding, boarding sheltering or keeping of a farm animal or farm animals that constitutes one (1) or more farm animal units shall have an area no less than 3716 m2 for the first farm animal unit, and an additional 1858 m2 for each additional farm animal unit. (b) no person shall keep any farm animal or farm animals constituting one (1) or more farm animal units within thirty (30) m of a dug well or a watercourse. (c) any lot used for the rearing or keeping of a farm animal or farm animals, the following separations from lot boundaries shall apply: Land Use Minimum Distance From Property Boundary Manure and used bedding storage 15 m Building sheltering 5 or fewer Farm Animal Units 15 m Building sheltering more than 5 Farm Animal Units 60 m 6.3.4 Special Requirements: Habitation of Vehicles Within the Settlement Residential One (SR-1) zone, no automobile, truck, bus, coach, rail car, recreational vehicle or other vehicle, or part thereof, with or without wheels, shall be used for human habitation, except that a recreational vehicle may be used for temporary human habitation for a maximum of 180 days in any calendar year provided that such use: a) has received a temporary development permit for the 180- day period of habitation; b) is carried out in a recreational vehicle bearing a valid motor vehicle registration and inspection; c) is limited to one (1) recreational vehicle on a lot at any one time; d) meets all minimum yard requirements for residential uses in the zone in which the recreational vehicle is located; e) shall not be connected to a wastewater system. SR-1 SETTLEMENT AREA | MUNICIPAL LAND USE BY-LAW | 74 6.3.5 Special Requirements: Short-Term Habitation of Vehicles Notwithstanding 6.2.3, nothing shall prevent the temporary habitation of recreational vehicles within the Settlement Residential One (SR-1) zone, up to a maximum of fourteen days in any calendar year without the requirement for a temporary development permit or a development permit. 6.3.6 Special Requirements: Storage of Recreational Vehicles Within the Settlement Residential One (SR-1) zone, storage of a recreational vehicle is only permitted on lots that also contain a dwelling. 6.3.7 Special Requirements: Storage in Vehicles No automobile, truck, bus, coach, streetcar, recreational vehicle, camper or other motor vehicle or part thereof, with or without wheels, no mobile home, container, shall be used for the storage or shelter of goods of any description. SR-1 SETTLEMENT AREA | MUNICIPAL LAND USE BY-LAW | 75 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: Approval Process Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height of Structure Residential 1 – 2 dwelling units on a lot DP 1.5 m 1.5 m 1.5 m 11 m 3 – 11 dwelling units on a lot SP 1.5 m 1.5 m 1.5 m 11 m 12 or more dwelling units on a lot DA Land Lease Communities DA Commercial / Institutional Golf Courses DA Marinas DP 1.5 m 10 m none 11 m Tourist Accommodations up to 20 units DP 7 m 7 m 7 m 11 m Any other commercial or institutional use or combination of uses not listed in section 6.4.2 with a gross floor area less than 100 m2 or which occupies a land area less than 500 m2, whichever is lesser DP 1.5 m 3 m 3 m 11 m Any other commercial or institutional use or combination of uses not listed in Section 6.4.3 with a gross floor area between 100 m2 and 500 m2 or which occupies a land area between 500 m2 and 2000 m2, whichever is lesser SP 1.5 m 3 m 3 m 11 m Light Industrial Abbreviations: DP = Development Permit SP = Site Plan Approval DA = Development Agreement SR-2 SR-2 SETTLEMENT AREA | MUNICIPAL LAND USE BY-LAW | 76 Approval Process Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height of Structure Any other light industrial development or combination of developments not listed in Section 6.4.2 with a gross floor area less than 100 m2 or which occupies a land area less than 500 m2, whichever is lesser DP 7 m 7 m 7 m 11 m Any other light industrial development or combination of developments not listed in Section 6.4.2 between 100 m2 and 500 m2 of gross floor area or which occupies a land area between 500 m2 and 2000 m2, whichever is lesser SP 7 m 7 m 7 m 11 m Research Facility DP 1.5 m 3 m 3 m 11 m Other Outdoor Cannabis Production Facilities Permitted subject to the provisions of section 4.4 Forestry Processing DP 5 m 5 m 5 m 11m Waterfront Parks not owned by the Municipality DA 6.4.2 Prohibited Uses and Developments The following uses and developments are prohibited in the Settlement Residential (SR) Zone: a) Abattoirs; b) Composting Facilities; c) Fur Farming; d) Contaminated Soil Facilities; e) Salvage Yards; f) Processing facilities handling meat, fish or poultry products; g) All heavy industrial developments. SR-2 SETTLEMENT AREA | MUNICIPAL LAND USE BY-LAW | 77 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: Approval Process Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height of Structure Residential 1 – 4 dwelling units on a lot DP 1.5 m 1.5 m 1.5 m none 5 – 11 dwelling units on a lot SP 3 m 3 m 3 m none 12 or more dwelling units on a lot DA Land lease communities DA Commercial / Institutional Campgrounds and RV Parks up to 20 sites DP 10 m 10 m 10 m none Campgrounds and RV Parks more than 21 sites DA Golf Courses DA Marinas DP 5 m 5 m none none Tourist Accommodations up to 20 units DP 7.5 m 7.5 m 7.5 m none Tourist Accommodations 20-50 units SP 7.5 m 7.5 m 7.5 m none Tourist Accommodations more than 50 units DA Recycling Depots DP 5 m 5 m 5.m none Any other commercial/institutional development or combination of developments with gross floor area up to 2000 m2 or which occupies a land area up to 6000 m2, whichever is lesser DP 5 m 5 m 5 m none Abbreviations: DP = Development Permit SP = Site Plan Approval DA = Development Agreement MU MU SETTLEMENT AREA | MUNICIPAL LAND USE BY-LAW | 78 Approval Process Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height of Structure Any other commercial/institutional development with gross floor area greater than 2000 m2 or which occupies a land area greater than 6000 m2, whichever is lesser DA Light Industrial Abattoirs less than 2500 m2 SP 10 m 10 m 10 m none Aggregate processing Permitted subject to the provisions of section 4.2 Aquaculture, including inland fish farms and hatcheries DA Indoor Cannabis Production Facilities DP 5 m 5 m 5 m none Salvage yards less than 2500 m2 SP 10 m 10 m 10 m none Any other light industrial development or combination of developments with gross floor area up to 2000 m2 or which occupies a land area up to 6000 m2, whichever is lesser DP 5 m 5 m 5 m none Any other light industrial development or combination of developments with gross floor area greater than 2000 m2 or which occupies a land area greater than 6000 m2, whichever is lesser DA Other Outdoor Cannabis Production Facilities Permitted subject to the provisions of section 4.4 Forestry Processing DP 5 m 5 m 5 m 11m Waterfront Parks not owned by the Municipality DA MU SETTLEMENT AREA | MUNICIPAL LAND USE BY-LAW | 79 6.5.2 Prohibited Uses and Developments The following uses and developments are prohibited in the Mixed Use (MU) zone: a) All heavy industrial developments; b) Abattoirs over 2500 m2; c) Composting Facilities; d) Fur Farming; e) Contaminated Soil Facilities; f) Salvage Yards over 2500 m2. MU SETTLEMENT AREA | MUNICIPAL LAND USE BY-LAW | 80 6.6 Coastal Island One Zone 6.6.1 Permitted Uses and Developments The following uses are permitted in the Coastal Island One (CI-1) zone subject to the specified approval process and standards: Approval Process Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height of Structure Residential 1 dwelling unit on a lot DP 7.5 m 7.5 m 7.5 m 7 m Home-based Businesses DP Subject to section 6.6.3 Commercial / Institutional Aquaculture, including inland fish farms and hatcheries DP 7.5 m 7.5 m 7.5 m 7 m Campgrounds and RV Parks up to 20 sites DP 7.5 m 7.5 m 7.5 m 7 m Tourist Accommodations up to 20 units DP 7.5 m 7.5 m 7.5 m 7 m Any commercial/ institutional use or combination of uses with a gross floor area less than 100 m2 DP 7.5 m 7.5 m 7.5 m 7 m Other Forestry Processing DP 5 m 5 m 5 m 7m Waterfront Parks not owned by the Municipality DA 6.6.2 Prohibited Uses and Developments The following uses and developments are prohibited in the Coastal Island One (CI-1) zone: a) All light industrial and heavy industrial developments. 6.6.3 Special Requirements - Home Based Business A residential dwelling may be used for a home-based business provided that: Abbreviations: DP = Development Permit SP = Site Plan Approval DA = Development Agreement CI-1 CI-1 SETTLEMENT AREA | MUNICIPAL LAND USE BY-LAW | 81 a) the dwelling is occupied as the place of primary residence by the operator of the business; b) no more than 25% of the floor area of the main dwelling, or a maximum of fifty (50) m² of floor area, whichever is less, is devoted to the business use; c) home-based businesses shall fall within one of the following: i) Professional services; ii) Craft workshops; iii) Studios for the practice or instruction of fine arts or crafts. d) one on-site parking space, in addition to that required for the dwelling, is provided; e) Outdoor display associated with the business shall not be permitted; f) outdoor storage associated with the business shall be permitted in the rear yard only and shall be required to be screened from view by a fence, no less than two (2) m in height; g) the external appearance of the building shall not be changed by the home-based business; h) signs advertising home-based businesses within the Coastal Island One zone shall not exceed 0.5 m2. CI-1 SETTLEMENT AREA | MUNICIPAL LAND USE BY-LAW | 82 6.7 Coastal Island Two Zone 6.7.1 Permitted Uses and Developments The following uses are permitted in the Coastal Island Two (CI-2) zone subject to the specified approval process and standards: Approval Process Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height of Structure Residential 1 dwelling unit on a lot DP 7.5 m 7.5 m 7.5 m 7 m Home-based Businesses DP Subject to section 6.7.4 Commercial / Institutional Aquaculture, including inland fish farms and hatcheries DP 7.5 m 7.5 m 7.5 m 7 m Campgrounds and RV Parks up to 20 sites DP 7.5 m 7.5 m 7.5 m 7 m Tourist Accommodations up to 20 units DP 7.5 m 7.5 m 7.5 m 7 m Any commercial/ institutional use or combination of uses with a gross floor area less than 100 m2 DP 7.5 m 7.5 m 7.5 m 7 m Other Forestry Processing DP 5 m 5 m 5 m 7m Waterfront Parks not owned by the Municipality DA 6.7.2 Special Requirements – Lot Area & Shoreline Lot Frontage All newly created lots within the Coastal Island Two (CI-2) zone shall conform with the following: Minimum Lot Area 40000 m2 Minimum Shoreline Lot Frontage 150 m 6.7.3 Prohibited Uses and Developments The following uses and developments are prohibited in the Coastal Island Two (CI-2) zone: Abbreviations: DP = Development Permit SP = Site Plan Approval DA = Development Agreement CI-2 CI-2 SETTLEMENT AREA | MUNICIPAL LAND USE BY-LAW | 83 a) All light industrial and heavy industrial developments. 6.7.4 Special Requirements - Home Based Business A residential dwelling may be used for a home-based business provided that: a) the dwelling is occupied as the place of primary residence by the operator of the business; b) no more than 25% of the floor area of the main dwelling, or a maximum of fifty (50) m² of floor area, whichever is less, is devoted to the business use; c) home-based businesses shall fall within one of the following: i) Professional services; ii) Craft workshops; iii) Studios for the practice or instruction of fine arts or crafts. d) one on-site parking space, in addition to that required for the dwelling, is provided; e) outdoor display associated with the business shall not be permitted; f) outdoor storage associated with the business shall be permitted in the rear yard only and shall be required to be screened from view by a fence, no less than two (2) m in height; g) the external appearance of the building shall not be changed by the home-based business; h) signs advertising home-based businesses within the Coastal Island Two zone shall not exceed 0.5 m2. CI-2 SETTLEMENT AREA | MUNICIPAL LAND USE BY-LAW | 84 6.8 Gateway Zone 6.8.1 Permitted Uses and Developments The following uses are permitted in the Gateway (GW) zone subject to the specified approval process and standards: Approval Process Max. Front Yard Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height of Structure Residential 1 – 4 dwelling units on a lot DP 1.5 m 1.5 m 1.5 m 15 m 5 – 11 dwelling units on a lot SP 12.5 m 1.5 m 1.5 m 1.5 m 15 m 12 or more dwelling units on a lot DA Land lease communities DA Commercial / Institutional Automobile sales and service DP 12.5 m 5 m 5 m 5 m 15 m Animal Hospitals DP 12.5 m 5 m 5 m 5 m 15 m Beverage Rooms and Lounges DP 12.5 m none 7.5 m 7.5 m 15 m Child Care Facilities DP 12.5 m none 5 m 5 m 15 m Places of entertainment, recreation, and assembly DP 12.5 m 5 m 10 m 10 m 15 m Kennels DA Recycling Depots SP 12.5 m 10 m 10 m 10 m 15 m Restaurants DP 12.5 m 5 m 10 m 10 m 15 m Shopping Centres SP 12.5 m 5 m 10 m 10 m 15 m Golf Courses DA Tourist Accommodations up to 50 units SP 12.5 m 5 m 7.5 m 7.5 m 15 m Tourist Accommodations more than 50 units DA Any other commercial/institutional development or combination of developments with gross floor area up to 2000 m2 or which occupies a land area up to 4000 m2, whichever is lesser DP 12.5 m 1.5 m 5 m 5 m 15 m Abbreviations: DP = Development Permit SP = Site Plan Approval DA = Development Agreement GW GW SETTLEMENT AREA | MUNICIPAL LAND USE BY-LAW | 85 Approval Process Max. Front Yard Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height of Structure Any other commercial/institutional development or combination of developments with gross floor area greater than 2000 m2 or which occupies a land area greater than 4000 m2, whichever is lesser SP 12.5 m 5 m 5 m 5 m 15 m Light Industrial Any other light industrial development or combination of developments with a gross floor area less than 1,000 m2 or which occupies a land area less than 2000 m2, whichever is lesser DP 12.5 m 7.5 m 7.5 m 7.5 m 15 m Any other light industrial development or combination of developments with a gross floor area between 1,000 m2 and 2,000 m2 or which occupies a land area between 2,000 m2 less than 6000 m2, whichever is lesser SP 12.5 m 7.5 m 7.5 m 7.5 m 15 m Other Outdoor Cannabis Production Facilities Permitted subject to the provisions of section 4.4 Forestry Processing DP 5 m 5 m 5 m 15m Waterfront Parks not owned by the Municipality DA 6.8.2 Prohibited Uses and Developments The following uses and developments are prohibited in the Gateway (GW) Zone: a) Fur farming; b) Salvage Yards; GW SETTLEMENT AREA | MUNICIPAL LAND USE BY-LAW | 86 c) All heavy industrial developments. 6.8.3 Special Requirements – Shipping Containers in areas zoned Gateway (GW) that abut the Village of Chester Planning Area Shipping containers shall be permitted in those Gateway (GW) Zone areas that abut the Village of Chester Planning Area boundary subject to the following: Shipping containers shall: a) not be used for human habitation; b) only be used for non-residential purposes; c) only be allowed as an accessory structure to a permitted non-residential building; d) only be used for the storage and shelter of goods; e) be a minimum of 1.5 m from a rear lot line or side lot line; f) be set back from the front lot line a minimum of twelve (12) m or a distance 3.5 m greater than the main building minimum front yard, whichever is greater; g) be set back from the flankage lot line a minimum of twelve (12) m or a distance 3.5 m greater than the main building minimum flankage yard, whichever is greater; h) be screened from view on all sides by a minimum 1.8 m high opaque fence; i) be limited to one (1) shipping container per lot; j) be placed so that the narrow end of the shipping container faces the public street, unless the shipping container is placed behind a building of equal or greater length than the long side of the shipping container; k) be placed at grade; and l) have no logos, lettering, numbering, decals, or commercial advertisements attached or affixed to the shipping container. GW SETTLEMENT AREA | MUNICIPAL LAND USE BY-LAW | 87 HAMLET AREA | MUNICIPAL LAND USE BY-LAW | 89 7.0 HAMLET AREA 7.1 Application The provisions of this part shall apply to the Hamlet (HM) zone. HAMLET AREA | MUNICIPAL LAND USE BY-LAW | 90 HAMLET AREA | MUNICIPAL LAND USE BY-LAW | 91 7.2 Hamlet Zone 7.2.1 Permitted Uses and Developments The following uses are permitted in the Hamlet (HM) zone subject to the specified approval process and standards: Approval Process Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height of Structure Residential 1 – 4 dwelling units on a lot DP 1.5 m 1.5 m 1.5 m 15 m 5 – 11 dwelling units on a lot SP 1.5 m 1.5 m 1.5 m 15 m 12 or more dwelling units on a lot DA Land lease communities DA Commercial Campgrounds and RV Parks up to 20 sites DP 10 m 10 m 10 m 15 m Marinas DP none 3 m none 15 m Tourist Accommodations up to 20 units DP 10 m 10 m 10 m 15 m Any other commercial development or combination of developments with gross floor area less than 100 m2 or which occupies a land area less than 500 m2, whichever is lesser DP 5 m 5 m 5 m 15 m Any other commercial development or combination of developments with gross floor area between 100 m2 and 500 m2 or which occupies a land area between 500 m2 and 2800 m2, whichever is lesser SP 5 m 5 m 5 m 15 m Institutional Abbreviations: DP = Development Permit SP = Site Plan Approval DA = Development Agreement HM HM HAMLET AREA | MUNICIPAL LAND USE BY-LAW | 92 Approval Process Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height of Structure Any institutional development or combination of developments with gross floor area up to 1000 m2 DP 5 m 5 m 5 m 15 m Any institutional development or combination of developments with a gross floor area over 1000 m2 SP Light Industrial Any other light industrial development or combination of developments not listed in Section 7.2.2 with a gross floor area less than 100 m2 or which occupies a land area less than 500 m2, whichever is lesser DP 5 m 5 m 5 m 15 m Any other light industrial development or combination of developments not listed in Section 7.2.2 with a gross floor area between 100 m2 and 500 m2 or which occupies a land area between 500 m2 and 2800 m2, whichever is lesser SP 5 m 5 m 5 m 15 m Research facilities DP 5 m 5 m 5 m 15 m Other Outdoor Cannabis Production Facilities Permitted subject to the provisions of section 4.4 Waterfront Parks not owned by the Municipality DA 7.2.2 Prohibited Uses and Developments The following uses and developments are prohibited in the Hamlet (HM) zone: HM HAMLET AREA | MUNICIPAL LAND USE BY-LAW | 93 a) Fur farming; b) All heavy industrial developments; c) Salvage Yards; d) Abattoirs; e) Composting facilities; f) Processing facilities handling meat, fish or poultry products. HM HAMLET AREA | MUNICIPAL LAND USE BY-LAW | 94 INDUSTRIAL AND BUSINESS AREA | MUNICIPAL LAND USE BY-LAW | 95 8.0 INDUSTRIAL AND BUSINESS AREA 8.1 Application The provisions of this part shall apply to the Business Park (BP), the Kaizer Meadow Industrial (KI) the Kaizer Meadow (KM) and the Neighbourhood Comprehensive Development District (NCDD) zones. INDUSTRIAL AND BUSINESS AREA | MUNICIPAL LAND USE BY-LAW | 96 INDUSTRIAL AND BUSINESS AREA | MUNICIPAL LAND USE BY-LAW | 97 8.2 Business Park Zone 8.2.1 Permitted Uses and Developments The following uses are permitted in the Business Park (BP) zone subject to the specified approval process and standards: Approval Process Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height of Structure Commercial Any commercial development DP 1.5 m 1.5 m 1.5 m none Light Industrial Any light industrial development DP 3 m 3 m 3 m none Other Outdoor Cannabis Production Facilities Permitted subject to the provisions of section 4.4 Forestry processing DP 5 m 5 m 5 m none Waterfront Parks not owned by the Municipality DA 8.2.2 Prohibited Uses and Developments The following uses and developments are prohibited in the Business Park (BP) zone: a) Any residential use; b) Campgrounds and RV Parks; c) Tourist Accommodations; d) Places of worship and cemeteries; e) Fur farming; f) All heavy industrial development. Abbreviations: DP = Development Permit SP = Site Plan Approval DA = Development Agreement BP BP INDUSTRIAL AND BUSINESS AREA | MUNICIPAL LAND USE BY-LAW | 99 8.3 Kaizer Meadow Industrial Zone 8.3.1 Permitted Uses and Developments The following uses are permitted in the Kaizer Meadow Industrial (KI) zone subject to the specified approval process and standards: Approval Process Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height of Structure Light Industrial Landfills and their accessory uses none none none none none Aggregate processing Permitted subject to the provisions of section 4.2 All other light industrial development DP none none none none Heavy Industrial Developments requiring Environmental Assessment pursuant to the Nova Scotia Environmental Assessment Regulations DA All other heavy industrial uses DP none none none none Other Outdoor Cannabis Production Facilities Permitted subject to the provisions of section 4.4 Forestry processing DP none none none none 8.3.2 Prohibited Uses and Developments The following uses and developments are prohibited in the Kaizer Meadow Industrial (KI) zone: a) Any residential use; b) Campgrounds and RV parks; c) Places of worship and cemeteries; d) Tourist accommodations; e) Fur farming. 8.3.3 Special Requirement: Setbacks from Property Lines Developments shall be set back twenty (20) m from any lot line Abbreviations: DP = Development Permit SP = Site Plan Approval DA = Development Agreement KI KI INDUSTRIAL AND BUSINESS AREA | MUNICIPAL LAND USE BY-LAW | 100 that is shared with any property not zoned either Kaizer Meadow (KM) or Kaizer Meadow Industrial (KI) zones. 8.3.4 Special Requirement: Watercourse Buffers All developments shall: a) place all buildings at least twenty-five (25) m from the edge of any watercourse, water body or wetland; b) maintain a buffer of natural vegetation within twenty-five (25) m of a watercourse, water body, or wetland. Mature woody vegetation and shrubbery shall remain in place to promote bank stability and to reduce erosion risk; and existing vegetation along the water course should remain in place to filter runoff, promote water quality, protect the aquatic ecosystem, and provide cover habitat for wildlife. Provision will be made to allow for removal of diseased or dead vegetation or vegetation which poses either a health or safety issue. KI INDUSTRIAL AND BUSINESS AREA | MUNICIPAL LAND USE BY-LAW | 101 8.4 Kaizer Meadow Zone 8.4.1 Permitted Uses and Developments The following uses are permitted in the Kaizer Meadow (KM) zone subject to the specified approval process and standards: Approval Process Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height of Structure Commercial Campgrounds and RV parks up to 20 sites DP none none none none Light Industrial Abattoirs DP none none none none Aquaculture, inland fish farms, and hatcheries DP none none none none Composting facilities DP none none none none Landfills DP none none none none Salvage yards DP none none none none Solid Waste Facilities Any other light industrial development or combination of developments with gross floor area up to 2000 m2 or which occupies a land area up to 6000 m2, whichever is lesser DP none none none none Any other light industrial development or combination of developments with gross floor area greater than 2000 m2 or which occupies a land area greater than 6000 m2, whichever is lesser DA Other Outdoor Cannabis Production Facilities Permitted subject to the provisions of section 4.4 Forestry processing DP none none none none Recreation and outdoor activities none none none none none Abbreviations: DP = Development Permit SP = Site Plan Approval DA = Development Agreement KM KM INDUSTRIAL AND BUSINESS AREA | MUNICIPAL LAND USE BY-LAW | 102 8.4.2 Prohibited Uses and Developments The following uses and developments are prohibited in the Kaizer Meadow (KM) zone: a) Any residential use; b) Places of worship and cemeteries; c) Tourist accommodations; d) Fur farming. 8.4.3 Special Requirement: Abutting Zone Setback Notwithstanding minimum yard requirements shown in section 8.4.1, developments shall be setback twenty-five (25) m from any lot line that is shared with any lot not zoned either Kaizer Meadow (KM) or Kaizer Meadow Industrial (KI). 8.4.4 Special Requirement: Watercourse Buffers All developments shall: a) Place all buildings at least twenty-five (25) m from the edge of any watercourse, water body or wetland; b) Maintain a buffer of natural vegetation within twenty-five (25) m of a watercourse, water body, or wetland. Mature, woody vegetation and shrubbery shall remain in place to promote bank stability and to reduce erosion risk; and existing vegetation along the water course should remain in place to filter runoff, promote water quality, protect the aquatic ecosystem, and provide cover habitat for wildlife. Provision will be made to allow for removal of diseased or dead vegetation or vegetation which poses either a health or safety issue. 8.4.5 Special Requirement: Highway 14 Buffer Notwithstanding permitted uses listed in section 8.5.1, all land uses between Highway 14 and where the Kaizer Meadow (KM) zone meets the Kaizer Meadow Industrial (KI) zone shall be restricted to recreation and outdoor activities. KM INDUSTRIAL AND BUSINESS AREA | MUNICIPAL LAND USE BY-LAW | 103 8.5 Neighbourhood Comprehensive Development District Zone 8.5.1 Permitted Uses and Developments The following uses are permitted in the Neighbourhood Comprehensive Development District (NCDD) zone subject to the specified approval process and standards: Approval Process Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height of Structure Municipal Parks DP none none none none 1 – 2 dwelling units on an Existing lot in Mill Cove Park listed below DP 1.5 m 1.5 m 1.5 m 11 m All other Developments & uses in accordance with an approved Development agreement pursuant with the Municipal Planning Strategy. DA Abbreviations: DP = Development Permit SP = Site Plan Approval DA = Development Agreement Existing Lots in Mill Cove Park NCDD Zone 60425048 60670718 60661907 60670593 60670635 60662012 60077799 60670726 60661915 60670601 60670734 60661980 60613452 60662020 60661923 60670619 60670668 60657616 60661568 60670643 60670692 60661998 60670676 60657640 60661550 60661931 60670700 60670627 60670684 60661584 60661543 60661949 60423506 60662004 60657657 60661972 60670650 60657665 60657681 60657673 60657608 60657590 60657632 60657624 60661964 60661956 60661576 NCDD NCDD ENVIRONMENTAL PROTECTION AREA | MUNICIPAL LAND USE BY-LAW | 105 9.0 ENVIRONMENTAL PROTECTION AREA 9.1 Application The provisions of this part shall apply to the Protected Watershed (PW) and Conservation (CS) zones. ENVIRONMENTAL PROTECTION AREA | MUNICIPAL LAND USE BY-LAW | 106 ENVIRONMENTAL PROTECTION AREA | MUNICIPAL LAND USE BY-LAW | 107 9.2 Protected Watershed Zone 9.2.1 Permitted Uses and Developments The following uses are permitted in the Protected Watershed (PW) zone subject to the specified approval process and standards: Approval Process Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height of Structure Residential 1 dwelling unit on a lot DP 15 m 15 m 15 m 7 m Institutional Water supply treatment and distribution uses none none none none none 9.2.2 Prohibited Uses and Developments The following uses and developments are prohibited in the Protected Watershed (PW) zone: a) All commercial, light industrial and heavy industrial uses; b) Places of worship and cemeteries. 9.2.3 Special Requirements: Minimum Lot Size & Frontage All development in the Protected Watershed (PW) zone shall meet the following requirements: Minimum lot area Minimum lot frontage Maximum footprint of structures Setback from a watercourse or water body Public Water Utility none none 100 m2 150 m All other structures and uses 20000 m2 30 m 100 m2 150 m 9.2.4 Special Requirements - Water Protection a) all new lots created through subdivision approval in the Protected Watershed (PW) zone shall have lot frontage on a public street; b) in addition to the requirements of Section 3.9.4 of this By- law, every application for a Development Permit in the Protected Watershed (PW) zone shall include: Abbreviations: DP = Development Permit SP = Site Plan Approval DA = Development Agreement PW PW ENVIRONMENTAL PROTECTION AREA | MUNICIPAL LAND USE BY-LAW | 108 i) a plan prepared by a Professional Engineer showing the measures to be taken to ensure that all silt, petrochemical products and other water-borne contaminants created or deposited during the development, construction, and subsequent use of all accesses from the lot to the public street, will be contained within the lot; ii) a plan prepared by a qualified professional, namely a registered forestry professional, showing the measures that will be taken to ensure that the existing natural vegetation within 150 m of any watercourse will be retained in a natural and healthy condition. c) within the Protected Watershed (PW) zone, no person shall remove topsoil from a lot; d) within the Protected Watershed (PW) zone, no person shall alter land levels to a depth greater than 0.3 m from the natural ground surface within 150 m of a watercourse; e) within the Protected Watershed (PW) zone, no person shall construct a wharf; f) within the Protected Watershed (PW) zone, no person shall erect any structure on land having a slope greater than eight per cent (8%); g) notwithstanding the requirements of Part 4 of this By-law, where a main building existed on a lot, no accessory structure in the Protected Watershed (PW) zone shall be located closer than 150 m from the water body associated with the protected watershed. PW ENVIRONMENTAL PROTECTION AREA | MUNICIPAL LAND USE BY-LAW | 109 ENVIRONMENTAL PROTECTION AREA | MUNICIPAL LAND USE BY-LAW | 111 9.3 Conservation Zone 9.3.1 Permitted Uses and Developments The following uses are permitted in the Conservation (CS) zone subject to the specified approval process and standards: Approval Process Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height of Structure Institutional Municipally owned or installed structures related to the provision of Municipal services or recreation use DP 10 m 10 m 10 m 7 m Temporary structures intended for research and education, or the preservation, protection, or improvement of the natural environment DP 15 m 15 m 15 m 7 m 9.3.2 Prohibited Uses and Developments The following uses and developments are prohibited in the Conservation (CS) zone: a) permanent structures that are not owned or installed by the Municipality; b) all residential, commercial, light industrial and heavy industrial uses. Abbreviations: DP = Development Permit SP = Site Plan Approval DA = Development Agreement CS CS ENVIRONMENTAL PROTECTION AREA | MUNICIPAL LAND USE BY-LAW | 112 SIGNS | MUNICIPAL LAND USE BY-LAW | 113 10.0 SIGNS 10.1 General regulations for all signs 10.1.1 These regulations apply to signs which advertise a land use that requires a development permit. 10.1.2 Unless otherwise permitted, no sign shall project over a public right-of-way without written approval from the authority having jurisdiction. 10.2 Signs prohibited in all zones All other provisions of this By-law notwithstanding, the following signs shall not be erected or used in any zone: a) signs which constitute a hazard to public safety or health; b) signs which by reason of size, location, content, colouring, or manner of illumination obstruct the vision of drivers or obstruct the effectiveness of any traffic sign or traffic control device on public streets; c) signs which obstruct the use of a fire escape door, windows, or other required exit; d) signs painted upon a cliff, or other natural object. 10.3 Signs for which no development permit is required All other provisions of this By-law notwithstanding, the following signs are permitted in all zones, without any requirement for a development permit: a) signs identifying name, address and occupation of resident, and of not more than 0.5 m2 in sign area; b) "No trespassing" signs or other such signs regulating the use of a property, and of not more than 0.5 m2 in sign area; c) real estate signs not exceeding 0.5 m2, which advertise the sale, rental or lease of the premises; d) signs regulating or denoting on-premises traffic, or parking or other signs denoting the direction or function of various SIGNS | MUNICIPAL LAND USE BY-LAW | 114 parts of a building or premises provided that such signs are less than 0.5 m2 in area; e) signs erected by a government body, or under the direction or authority of such a body, and bearing no commercial advertising, such as traffic signs, railroad crossing signs, safety signs, signs identifying public schools, and public election lists; f) memorial signs or tablets and signs denoting the historical significance and date of erection of a structure; g) the flag, pennant, or insignia of any government, or of any charitable, religious or fraternal organization; h) a sign having an area of not more than six (6) m2 incidental to construction and located on the same site as the building under construction. Such signs shall not remain in place for more than sixty (60) days following completion of construction; i) any portable sign; j) any banner sign; k) indoor signs which are erected within a building, including window signs; l) signs permanently attached to a building which bear the name or civic number of the building; m) campaign signs during an election or plebiscite in the area in which the sign is located if the sign complies with the laws governing the election or plebiscite. SIGNS | MUNICIPAL LAND USE BY-LAW | 115 10.4 Single-Premise Ground Signs In all zones single premise ground signs shall: a) not exceed a sign face area of six (6) m2 per side; b) not exceed a maximum sign height of five (5) m; c) be set back at least two (2) m from any property line. 10.5 Multiple-Premise Ground Signs In all zones multiple premise ground signs shall: a) not exceed a sign face area of twelve (12) m2 per side; b) not exceed a maximum sign height of seven (7) m; c) be set back at least two (2) m from any property line. 10.6 Wall Signs In all zones wall signs shall only be permitted within the wall sign area of a building and the total area covered by all wall signs shall not exceed 20% of the wall sign area of the building to which the sign is affixed. 10.7 Projecting Wall Signs In all zones, projecting wall signs shall: a) not exceed a maximum sign face area of 1.5 m2 per side; b) not project more than 1.5 m from the wall to which it is affixed; c) be installed no less than three (3) m above established grade; d) include the installation of a suitable catch, chain or other swing control device. GoldRiverM i d dle Rive r Newburne Maplewood BigTancookIsland Nor thwestCove Fraxville Chester Islands Lake Ramsay Canaan Aspotogan Leville MartinsPoint Chester Grant Bayswater Mill Cove East River Point Indian Point Little TancookIsland East Ironbound Island ChesterBasin Blandford Deep Cove Aldersville Pennal19 New Ross 20 Harriston Heckmans Island FraneyCorner Second Peninsula East Chester Sher wood WesternShore Gold River Parkdale Mill Road NewRoss New Russell Fox Point RobinsonsCorner Marriotts Cove Seffernville WindsorRoad East River SimmsSettlement Stonehurst South The Lodge Birchy Head Beech Hill Gold River21 Hubbards Forties DauphineesMill Lake DeanChapterLake RockyLake Spectacle Lake RoundLake SherbrookeLake StanfordLake LittleWhitfordLake BezansonLake Holden Lake SouthCanoeLake Whitney Lake MillLake BadLake ShoalCove Lake LakeLawson GoatLake WallabackLake Hennigar Lake AtlanticOcean Gully Lake FoxPointLake Henry Lake Card Lake Rocky Lake Noonan Lake Harris Lake White GullLake 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d GoldRiverRdLaurasL a ne Eagle R o c k D r McInn isRd Sherwood Rd RockyLakeRdJohnBraggRdDiana L a neHorseshoeDrESop hiesLaneVic to r'sLaneLakeRamsayRd Shaw IslandRdSouthwest CoveRdR o y JodreyR dB e e c h Hill B rookRd MaryLa n eS tanfordLa keRd Hollah anLakeRd ReefRdO a k Isla n d DrClaytonDrBridgeRdCharlieWrightRdCorkumRdRiverRdHarlowLakeRdSherwoodForest R d Joh n Tur n e r RdLakeLawsonRdToteRdMeister Rd SherbrookeLaneWalkerRd L o n esomeLakeTrail Reece RdBigRiverRdCliffRd BillRdSt e wartsRd ArmstrongRdNa u g l erSefferns R dHighLandingRdHogLotRdBoscobel Rd MU HM SU CS SU SU SR2 HM KM KM KM KM CV PW SU MU SR2 SR2 SR2 SU HM GB CI1 CI1 GW GW SR1 GWCI2 CI2 CI2 CI2 CI2 CS CI1 CI1 CI1 SR2 SR2 SR2 CS MU BP GB SU MU HM NCD SR2 CS CS MU GB SR2 KI Halifax RegionalMunicipality Municipalityof the Countyof Annapolis Municipality ofthe Districtof Chester Municipalityof the Districtof East Hants Municipalityof the Countyof Kings Municipality ofthe Districtof Lunenburg Municipality ofthe Districtof West Hants DRAFT Map Disclaimer : This map was produced by the Municipality of Chester and shall be used as a graphical representation of zoning boundaries forthe Land Use By-law. Proper ty boundaries may change and are shown here for convenience only. For information on the interpretation of zoningboundaries with respect to property lines, roads, and natural features, please refer to the By-law. Information shown on these drawings is compiledfrom numerous sources and may not be complete or accurate. The Municipality of the District of Chester is not responsible for any errors,omissions or deficiencies in these drawings. It is not intended to be used as a sur vey plan or for legal descriptions. Sources: The Province of Nova Scotia, The Municipality of Chester, and Indigenous and Nor thern Affairs Canada Coordinate System/Datum: UTM NAD83 CSRS ZONE 20N Digital Folders Entr y ID: 205450 Project ID: Official Maps 2019 Map Size: w 36" h 80" Date Approved: Municipal Zoning Rural Area General Basic (GB) Settlement Area Coastal Island One (CI1) Coastal Island Two (CI2) Gateway (GW) Mixed Use (MU) Settlement Residential Two (SR2) Settlement Residential One (SR1) Single Unit Residential (SU) Hamlet Area Hamlet (HM) Industrial and Business Area Neighbourhood Comprehensive Business Park (BP) Kaizer Meadow Industrial (KI) Kaizer Meadow (KM) Environmental Area Conser vation (CS) Protected Watershed (P W) THE MUNICIPALIT Y OF CHESTER • L AND USE BY-L AWZoning Map SCHEDULE A IApproved: YY/MM/DD Representation of Chester Municipality within Nova ScotiaScale: 1:200,000 0 2 4 6 81 KilometresI1:32,000 See Chester Village LUB UV12 UV101 UV14 LOCATION MAP Municipal Boundar y First Nation Reser ve Lands Proper ty Boundar y Development District (NCDD) NCDD DeanChapterLake SalmontailLake Gully Lake GoldRiverLake Sawler Lake BayswaterPond SherbrookeLake SabodyPond HennigarMill Pond Nor thwestCove Fraxville ChesterIslands LakeRamsay Canaan Aspotogan Leville MartinsPoint ChesterGrant MartinsRiver Bayswater Mill Cove East RiverPoint ChesterBasin Blandford DeepCove Alder sville Pennal19 New Ross 20 Harriston EastChester Sher wood WesternShore Gold River Mill Road New Ross New Russell FoxPoint RobinsonsCorner MarriottsCove Seffernville WindsorRoad East River SimmsSettlement FraneyCorner The Lodge BirchyHead Beech Hill GoldRiver 2 1 Hubbards Forties NorthwestCove Lake SouthwestCove Lake MillCoveBigLake LittleVaughansLake SteevesLake HenneberryLake GoatLake De AdderLake Hunts Lake Sefferns Lake WhiteGullLake HawkLake MuddyLake LabradorLake BeechHillLake LakeRamsay BowensLake StanfordLake DuckLake CroftLake RockyLake HuttLake SandLake EdwinLake RoundLake VaughansLake BlandfordCranberryLake LittleLake Mill CoveCranberryLake AwaltLake HayMarshLakes HollahanLake VeinotLake LonesomeLake StanfordLake JuniperLake OtterLake BezansonLake SpectacleLake WhitfordLake Mill Lake WhitneyLake NineMileLake YellowMarshLake LongLake Hennigar Lake SeffernLake HaddockLake LoonLake Card Lake GrandmotherHead Lake NevertellLake RoundLake CallenderLake Fox PointLake SimmsLake SpectacleLake McInnisLake PorcupineLake SheaLake HysonLake LarderLake Wallaback Lake LakeDarling FarmLake LittleWhitfordLake LakeLawson BigWhitfordLake NoonanLake Holden Lake GooseLake MuskratLake Rocky Lake MapleLake Mill CoveSecond Lake GrassyLake Sallys Lake CampLake SecondLake MilletLake HarrisLake HowellLake HorseshoeLake FloydLake HalfwayRiverLake RockyLake DrainLake Timber Lake OfficersCamp Lake ShowLake AndersonLake SecondBog Lake LittleBog Lake NorthBogLake FirstBogLake GullyLake PineLake HatchardLake TurbittLake RileysLake EastBogLake BagLake SouthCanoeLake NorthCanoeLake Big OtterLake Joe LongLake WhalenLake CooneyLake IndianLake LakeLewis NovaScotiaLake MuddyLake MudLake HarlowLake LonesomeLake BearMarshLake ChristyLake LongLake ClarkeLake HenryLake LongLake ClearwaterLake HoopPoleLake MuddyLake HoughtonLake LostLake LongLake WhistlerLake BadLake SquareLake CoolenLake WesthaverLake ConnaughtLake DauphineesMill Lake MeadowLake CranberryLake OtterLake PisgahLake ShoalCoveLake RoastLake VeinotLake UV3 UV14 UV12 UV103 UVCove UV329 THE MUNICIPALITY OF CHESTER • LAND USE BY-LAWLakefront Overlay Map ISCHEDULE B Approved: YY/MM/DD DRAFT Proposed Updated Lake Front Overlay First Nation Reser ve Lands Chester Village Planning Area Municipal Boundar y Waterbody River Road Municipality ofthe Countyof Annapolis Halifax RegionalMunicipality Municipality ofthe Districtof Chester Municipality ofthe Countyof Kings Municipality ofthe District ofLunenburg Municipalityof the Districtof West Hants Representation of Chester Municipality within Nova ScotiaScale: 1:1,000,000 UV12 UV14 UV103 UV10 ILOCATION MAP See Chester Village LUB UV101I1:72,000 0 1 2 3 40.5 Kilometres GoldRiverM i d d l e Ri v er Map Disclaimer: This map was produced by the Municipality of Chester and shall be used asa graphical representation only. For information on the interpretation of lakefront overlayboundaries with respect to property lines, roads, and natural features, please refer to the By-law. Information shown on these drawings is compiled from numerous sources and may notbe complete or accurate. The Municipality of the District of Chester is not responsible forany errors, omissions or deficiencies in these drawings. It is not intended to be used as asurvey plan or for legal descriptions. Sources: The Province of Nova Scotia, The Municipality of Chester, and Indigenous andNorthern Affairs Canada Coordinate System/Datum: UTM NAD83 CSRS ZONE 20N Digital Folders Entr y ID: 604777Project ID: Official Maps 2019 Actual Map Size: w 22" h 34" Date Approved: District Council Grants 2019 - 2020 Updated October 17, 2019 Requested Approved TOTAL FUNDS APPROVED -$ TOTAL FUNDS REMAINING 5,000.00$ Chester Castaways: Team Startup 1,000.00$ 1,000.00$ Aspotogan Fitness Club: 1st Aniversary Celebration 300.00$ 300.00$ Hubbards Lions Club: Foundation Repairs & Christmas Event 1,300.00$ 1,300.00$ TOTAL FUNDS APPROVED 2,600.00$ TOTAL FUNDS REMAINING 2,400.00$ Chester District Soccer Association: Team Jerseys 500.00$ 500.00$ Chester Castaways: Team Startup 1,000.00$ 1,000.00$ Chester Yacht Club: Chester Race Week Banner & Videos 1,000.00$ 500.00$ Chester Art Centre: Creative Soul Youth Project 500.00$ 500.00$ Chester Heritage Society: Gazebo Repairs 500.00$ 500.00$ Chester Heritage Society: Canada Day 2020 2,000.00$ 1,000.00$ Church Memorial Park: Beer Garden Fundraiser 500.00$ 500.00$ TOTAL FUNDS APPROVED 4,500.00$ TOTAL FUNDS REMAINING 500.00$ South Shore Pipes & Drums: Gaelic College Workshop 500.00$ 500.00$ Basin Recreation Park: Park Maintenance 2,500.00$ 2,500.00$ TOTAL FUNDS APPROVED 3,000.00$ TOTAL FUNDS REMAINING 2,000.00$ Royal Canadian Legion, Branch 144: Community Events 2,615.00$ 1,250.00$ Together We Can Society: Gold River Park Maintenance 1,250.00$ 1,250.00$ Western Shore & Area Improvement: Christmas Event 1,250.00$ 1,250.00$ Western Shore Fire Department: Annual Garden Party 1,250.00$ 1,250.00$ TOTAL FUNDS APPROVED 5,000.00$ TOTAL FUNDS REMAINING -$ Royal Canadian Legion, Branch 79: Canada Day 1,000.00$ 1,000.00$ New Ross Trails Society: 5K Scramble 500.00$ TOTAL FUNDS APPROVED 1,000.00$ TOTAL FUNDS REMAINING 4,000.00$ Chester Castaways: Team Startup 1,000.00$ 1,000.00$ Canaan & District Hall Association: Heat Pump Project 3,000.00$ TOTAL FUNDS APPROVED 1,000.00$ TOTAL FUNDS REMAINING 4,000.00$ Total Funds Approved 17,100.00$ Total District Grant Budget 35,000.00$ Remaining Funds 17,900.00$ District 6 District 7 District 2 District 3 District 1 District 4 District 5