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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
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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
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MUNICIPAL PLANNING STRATEGY | iii
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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.
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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.
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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.
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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
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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
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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.
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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.
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SECTION 2:
LIVEABLE
COMMUNITIES
CONTENTS:
Parks and Open Space ..... 2.1
Transportation..................... 2.2
Housing ................................. 2.3
Heritage ................................. 2.4
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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.
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Policy L-2
Council shall foster liveable communities by encouraging well-
being, creativity, entrepreneurship, grass-roots engagement,
and recreation.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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SECTION 4:
COMMUNITY
CHARACTER
CONTENTS:
Rural Area ............................. 4.1
Settlement Area .................. 4.2
Hamlet Area ......................... 4.3
Village Area .......................... 4.4
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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;
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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;
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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:
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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.
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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.
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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;
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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.
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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;
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b) golf courses;
c) large campgrounds and RV parks;
d) kennels;
e) large tourist accommodations;
f) public waterfront parks not owned by the Municipality.
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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.
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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.
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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.
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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.
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SECTION 5:
ECONOMIC
DEVELOPMENT
CONTENTS:
Industrial and Business Area .... 5.1
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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.
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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.
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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.
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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
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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
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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.
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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.
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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.
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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
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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.
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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
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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Policy E-40
The Land Use By-law shall allow for the approval of uses
permitted in the Conservation Zone by development permit.
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SECTION 7:
SERVICES AND
INFRASTRUCTURE
CONTENTS:
Sewage Treatment ............. 7.1
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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;
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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.
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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.
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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.
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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.
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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.
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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
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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;
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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
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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
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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
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site access regarding congestion, traffic hazards and
emergency access, including fire vehicles;
l) all other matters of planning concern have been addressed.
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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.
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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;
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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.
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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.
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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.
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SECTION 10:
ONGOING &
FUTURE PROJECTS
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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
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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
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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
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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
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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:
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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
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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.
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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.
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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
Second Lake
SeffernsLake
Lake Lewis
NorthCanoeLake
ClearwaterLake
Lake Ramsay
MilletLake
Indian Lake
NineMileLake
Hunts Lake
TimberLake
ConnaughtLake
BigWhitfordLake
NevertellLake
SalmontailLake
HollahanLake
SheaLake
SpectacleLake
Sand Lake
CampLake
Vaughans Lake
CoolenLake
MudLake
Square Lake
UV3
UV12
UV14
UV103
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SherbrookeLaneWalkerRd
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MU
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SU
CS
SU
SU
SR2
HM
KM
KM
KM
KM
CV
PW
SU
MU
SR2
SR2
SR2 SU
HM
GB
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CI1
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CI1
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SR2
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MU
BP
GB
SU
MU
HM
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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